VISION OF COUNCIL

 

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

 

 

AGENDA

 

 

 

FOR THE

 

Ordinary Meeting of Council

 

28 February 2019

 


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.

 

 

Should you require this document in an alternative format please contact us.

 


Agenda – Ordinary Meeting of Council 28 February 2019                                                                     Page 0 of 1

 

2017 Local Government Ordinary Election held 21 October

Councillor

Cr H Tracey

Cr D Male

Cr M Fairborn

Cr W Fryer

Cr E Foy

Cr C Marriott

Cr P Matsumoto

Cr C Mitchell

Cr B Rudeforth

2018

22 February

 

 

 

LOA

 

 

 

 

 

2018

22 March

 

LOA

 

LOA

 

 

LOA

 

 

2018

26 April

 

 

 

 

 

LOA

 

 

 

2018

31 May

 

 

 

 

 

 

 

 

 

2018

28 June

 

 

A

A

A

 

LOA

 

 

2018

26 July

 

 

 

 

LOA

 

NA

 

A

2018

30 August

 

A

 

 

 

 

LOA

 

 

2018

27 September

LOA

 

 

A

LOA

 

 

 

 

2018

25 October

 

LOA

 

 

LOA

LOA

 

 

 

2018

22 November

 

LOA

LOA

 

A

 

 

LOA

 

2018

13 December

 

LOA

LOA

 

A

 

 

 

 

 

·       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 28 February 2019                                                                                 Page 0 of 1

 

SHIRE OF BROOME

Ordinary Meeting of Council

Thursday 28 February 2019

INDEX – Agenda

 

1.               Official Opening and Attendance. 8

2.               Declarations of Financial Interest / Impartiality. 8

3.               Public Question Time. 8

4.               Applications for Leave of Absence. 8

5.               Confirmation of Minutes. 8

6.               Announcements by President Without Discussion.. 9

7.               Petitions / DEPUTATIONS. 9

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

9.               Reports of Officers. 10

9.1      Our People. 11

9.1.1     ENDORSEMENT OF SHIRE OF BROOME SPORT AND RECREATION PLAN 2019 - 2029. 12

9.1.2     APPOINTMENT OF DIRECTOR DEVELOPMENT AND COMMUNITY. 92

9.2      Our Place. 93

9.2.1     AMALGAMATION OF PORTION OF LOT 31 DP 222186 INTO RESERVE 8656 AND EXCISION OF PORTION OF RESERVE 8656 AS FREEHOLD – LAND EXCHANGE. 94

9.2.2     ADOPTION OF PROPOSED AMENDMENT NO.9 TO LOCAL PLANNING SCHEME NO.6. 102

9.2.3     APPLICATION FOR DEVELOPMENT APPROVAL - BROOME GOLF CLUB REDEVELOPMENT - LOT 1197 & 511 PORT DRIVE. 140

9.2.4     REQUEST FOR TENDER 18/07 - Airconditioning Renewal at Kimberley Regional Offices. 182

9.2.5     ADOPTION OF COASTAL PLANNING POLICY. 187

9.2.6     2019 Singapore Flight Trial - Request for Funding.. 219

9.3      Our Prosperity. 220

9.3.1     UPDATE ON BROOME SAFE BOAT HARBOUR AND COMMUNITY ENGAGEMENT PLAN.. 221

9.4      Our Organisation.. 296

9.4.1     ANNUAL ELECTORS MEETING HELD 13 DECEMBER 2018. 297

9.4.2     LOCAL GOVERNMENT ELECTIONS 2019. 307

9.4.3     LOCAL GOVERNMENT ACT REVIEW - WALGA SUBMISSION.. 313

9.4.4     REVIEW OF DELEGATIONS OF AUTHORITY. 382

9.4.5     MONTHLY PAYMENT LISTING - DECEMBER 2018. 492

9.4.6     MONTHLY STATEMENT OF FINANCIAL ACTIVITY REPORT DECEMBER 2018. 512

9.4.7     MONTHLY PAYMENT LISTING - JANUARY 2019. 636

9.4.8     MONTHLY STATEMENT OF FINANCIAL ACTIVITY REPORT JANUARY 2019. 663

9.4.9     CHINATOWN REVITALISATION PROJECT SIX MONTH UPDATE. 787

10.            Reports of Committees. 827

19.1      BUSH FIRE ADVISORY COMMITTEE MEETING MINUTES - 12 DECEMBER 2018. 828

10.2      LOCAL EMERGENCY MANAGEMENT COMMITTEE MEETING MINUTES - 12 DECEMBER 2018. 845

10.3      MINUTES OF THE AUDIT AND RISK COMMITTEE MEETING HELD 12 FEBRUARY 2019. 866

11.            Notices of Motion.. 913

12.            Business of an Urgent Nature. 913

13.            Questions by Members Of Which Due Notice Has Been Given.. 913

14.            Matters Behind Closed Doors. 913

9.1.2  APPOINTMENT OF DIRECTOR DEVELOPMENT AND COMMUNITY. 913

9.2.6  2019 Singapore Flight Trial - Request for Funding.. 913

15.            Meeting Closure. 913

 


AgendaOrdinary Meeting of Council 28 February 2019                                                                                 Page 0 of 1

 

 

NOTICE OF MEETING

 

 

 

Dear Council Member,

 

 

The next Ordinary Meeting of the Shire of Broome will be held on Thursday, 28 February 2019 in the Council Chambers, corner Weld and Haas Streets, Broome, commencing at 5:00pm.

 

 

 

Regards

 

 

S MASTROLEMBO

Chief Executive Officer

 

22/02/2019

 


AgendaOrdinary Meeting of Council 28 February 2019                                                                                 Page 0 of 1

 

1.         Official Opening and Attendance

 

Attendance:                 

                                         

Apologies:

 

Leave of Absence:   

 

Officers:                        

                                       

Public Gallery:

 

2.         Declarations of Financial Interest / Impartiality

 

FINANCIAL INTEREST

Councillor

Item No

Item

Nature of Interest

 

 

 

 

 

IMPARTIALITY

Councillor

Item No

Item

Nature of Interest

 

 

 

 

 

3.         Public Question Time

 

4.         Applications for Leave of Absence  

 

A request for Leave of Absence from Council duties for 28 February 2019 Ordinary Meeting of Council has been received from Cr M Fairborn:

RECOMMENDation:

That Cr M Fairborn be granted Leave of Absence from Council duties for 28 February 2019 Ordinary Meeting of Council.

 

5.         Confirmation of Minutes

 

Recommendation:

That the Minutes of the Ordinary Meeting of Council held on 13 December 2018, as published and circulated, be confirmed as a true and accurate record of that meeting, subject to an amendment of Item 3 Public Question Time, as part of the question received from Michelle Teoh was omitted in the circulated minutes, with the text of the Minutes amended to include the underlined as follows:

The draft Corporate Business Plan 2019 – 2023 includes Action 2.5.1.5 Undertake feasibility study for Dinosaur Trackway Interpretive Centre /Trail. The Shire proposes to allocate $30,000 and seek additional funds of $60,000 and work is scheduled to commence in 2020-21.”

The Dinosaur Coast Management Group (DCMG) commends the Council for including this initiative. It is very timely as the community and tourist interest in the Dinosaur Coast is steadily increasing. In the last 18 months we have distributed over 10,000 information brochures, run an increasing number of educational excursions for schools (Broome and across the NW), and set up a small but very popular display in the Broome museum (thanks to a Shire grant). Anecdotally we also hear more and more tour operators are including the dinosaur story in their particular Broome experiences.

 

In 2019 – 20 the DCMG hope to develop a range of initiatives that will bring what the dinosaurs were doing 130 million years ago ‘alive’ and ‘real’. This could include developing virtual reality films, Dinosaur Coast Apps, and casts of tracks for children to touch and feel. We are also keen to ensure the dinosaur tracks/story is much more accessible for people with disabilities and that the scientific importance of the tracks continues to be shared through different forums.

 

When the feasibility study for Dinosaur Trackway Interpretive Centre /Trail gets underway in 2020 - 21 will the Dinosaur Coast Management Group be included as a member of the Project Steering Group (or similar key stakeholder grouping)?

 

Response provided by Chief Executive Officer:

 

Firstly, Council and staff would like to again thank the Dinosaur Coast Management Group for hosting our recent Dinosaur trackway tour.  It is also exciting to hear about some of the work proposed by the Group over the next 12 months.  The Shire is very keen to collaborate with yourselves to progress the proposed feasibility study in 2020-21 and commit to continue our discussions with you.  As discussed previously, the Shire is also investigating technology opportunities through an App or the like to assist in interpretation and story telling in the Town Beach precinct.  I would recommend we continue these discussions as it may be beneficial for us to combine our efforts or coordination in this space.

 

Recommendation:

That the Minutes of the Special Meeting of Council held on 7 February 2019, as published and circulated, be confirmed as a true and accurate record of that meeting.

 

 

6.         Announcements by President Without Discussion

 

 

7.         Petitions / DEPUTATIONS

 

 

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:

9.1.2      APPOINTMENT OF DIRECTOR DEVELOPMENT AND COMMUNITY

Item 9.1.2 and any attachments are confidential in accordance with  of the Local Government Act 1995 section 5.23(2)(a) as it contains “a matter affecting an employee or employees”, and section 5.23(2)(b) as it contains “the personal affairs of any person”, and as it contains “a decision to close a meeting or part of a meeting and the reason for the decision are to be recorded in the minutes of the meeting”.

9.2.6      2019 SINGAPORE FLIGHT TRIAL – REQUEST FOR FUNDING

Item 9.2.6 and any attachments are confidential in accordance with section 5.23(2) of the Local Government Act 1995 section 5.23(2)((e)(i)) as it contains “a matter that if disclosed, would reveal a trade secret, where the trade secret is held by, or is about, a person other than the local government”, and section 5.23(2)((e)(ii)) as it contains “a matter that if disclosed, would reveal information that has a commercial value to a person, where the information is held by, or is about, a person other than the local government”, and 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”.

 

 


 

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 28 February 2019                                                                                  Page 0 of 1

 

9.1.1      ENDORSEMENT OF THE SHIRE OF BROOME SPORT AND RECREATION PLAN 2019 - 2029

LOCATION/ADDRESS:                             Various

APPLICANT:                                              Nil

FILE:                                                           RCS15

AUTHOR:                                                   Acting Director Development and Community

CONTRIBUTOR/S:                                    Club Development Officer

RESPONSIBLE OFFICER:                           Acting Director Development and Community

DISCLOSURE OF INTEREST:                      Nil

DATE OF REPORT:                                    26 November 2018

 

SUMMARY:         The draft Shire of Broome Sport and Recreation Plan was released for public comment for a period of 28 days, closing 30 November 2018. The feedback received has been reviewed and officers have compiled the final document for Council’s consideration. This report requests Council to receive the feedback submitted and endorse the updated Sport and Recreation Plan as the informing document for investment into sport and recreation facilities for the period 2019 – 2029.

 

 

BACKGROUND

 

Previous Considerations

 

OMC 25 September 2014                 Item 9.1.2

OMC 26 February 2015                     Item 9.1.1

OMC 25 October 2018                     Item 9.1.2

 

In December 2017, the Shire of Broome engaged Jill Powell and Associates to develop the Shire’s Sport and Recreation Plan for the period 2019 – 2029. The plan was compiled following an extensive consultation, assessment and review process that included five key phases:

 

Phase

Process

Phase One

Process validation

Phase Two

Investigation and data collection

Review existing reports

Review demographic profile

Review current and future trends

Community/sporting club consultation

Review number and condition of existing facilities

Phase Three

Collation and analysis of data

Comparison of data against participation trends and facility provision

Identification of gaps and duplication in existing provision

Phase Four

Identification of options for action

Meeting current and future expectations of the community

Reducing duplication

Improving cost efficiency and infrastructure management

Phase Five

Preparation of draft report

 

The draft Sport and Recreation Plan was presented to Council at the Ordinary Meeting of Council (OMC) held on 25 October 2018. Council endorsed the draft Sport and Recreation Plan for the purposes of seeking public comment.

 

COUNCIL RESOLUTION:

Moved: Cr M Fairborn                                              Seconded: Cr H Tracey

That Council:

1.         Endorses the draft Sport and Recreation Plan for the purposes of seeking public comment as shown in Attachment 1, with the following modifications:

a)        Replace the High Priority Table 2018-21 under section 10 to read as follows:

Priority

Works item

Cost estimate

High

2018 - 2021

Adoption of Sport and Recreation Plan 2018 - 2028

Nil

Youth Precinct Stage 1

$881,000

Outdoor court cover and 2 x additional courts

$2,579,869

Shaded and gated 0 – 5 playground between courts

$50,000

Pool playground

$145,000

Redevelop Skate Park

$1,000,000

Storage at BRAC

$50,000

Transfer of Matsumoto Courts to education department

Nil

BRAC Indoor courts floor replacement

$400,000

Flood lighting to Nipper Roe Sports Field

$1,178,704

Broome Surf Life Saving Club

$242,011

Broome Golf Club

$250,000

Broome Bowling Club

Nil

3x squash courts/multipurpose space

$1,400,998

Pool club room/meeting room/staff room/creche

$207,000

Haynes Oval – Pavilion/Parking Upgrades

$70,000

 

b)        Replace the Medium Priority Table 2022-25 under section 10 to read as follows:

Priority

Works item

Cost estimate

Medium

2022 - 2025

Access road to BRAC ovals

$20,000

Youth Precinct Stages 2 & 3

$1,768,280

Additional storage at BRAC

$35,500

Informal and formal car parking

$1,200,000

Motoplex Construction

Nil

 

c)        Replace the Low Priority Table 2026-29 under section 10 to read as follows:

Priority

Works item

Cost estimate

Low

2026 - 2029

Outdoor court linkage to Medlend Pavilion

$200,000

Hit up wall to western boundary of tennis courts

$12,000

Haynes Oval lighting upgrade to 150 lux

$25,000

Installation of permanent Soccer Goals

$30,000

Multi use space artificial turf 4 tennis courts

$600,000

Enclose eastern end of Medlend Pavilion

TBD

Future pavilion between BRAC ovals

TBD

Outdoor Fitness Equipment

$151,000

Beach Volleyball Courts

TBD

BRAC gymnasium/fitness construction

$565,413

 

d)        Make other adjustments as required to the Plan to accommodate the above changes.

 

2.         Requests that the updated draft Sport and Recreation Plan be is advertised for public comment for a period of 28 days.

CARRIED UNANIMOUSLY 6/0

 

COMMENT

 

The draft Sport and Recreation Plan was advertised for a 28-day period from Friday 2 November to Friday 30 November 2018. The document was made available electronically on the Shire of Broome website, and hard copies made available at the Shire administration building, the Broome Public Library and the Broome Recreation Aquatic Centre (BRAC). A newspaper advertisement advising that the plan was made available for comment, was included in the Broome Advertiser, and information inviting comment posted on social media.

 

Sporting clubs were emailed links to the information through the Shire’s sporting club development networks and the plan was presented to the key sporting stakeholders at the Kimberley Sport Professionals Forum hosted by the Department of Local Government, Sport and Cultural Industries.

 

From the 39 submissions received, a large portion of the feedback received focussed on support for the construction of additional squash courts incorporating indoor multipurpose space at BRAC, but the full extent of the comments received varied and can be seen in attachment 1: Sport and Recreation Plan Public Comments. 

 

Following a review of the feedback received, several changes are proposed to the priority level of listed projects. These changes are shown in the table below:

 

Project

Cost

Priority prior to feedback

Priority post feedback

Haynes Oval Lightning

$25,000

Low

High

Haynes Oval Makeover

$70,000

High

Medium

•     To enable competition games to be played at Haynes Oval under compliant lighting.

•     The West Australian Football Club/West Kimberley Football League have highlighted this as a priority project for football in the region. More so than the upgrade of the pavilion and car park.

•     Potential for funding to be sought by football groups through grants and sponsors

•     Additional work will be required to firm up a more accurate cost estimate.

 

 

Project

Cost

Priority prior to feedback

Priority post feedback

Ventilation/fans in stadium

$55,000

Nil

High

Adjustable backboards

$50,000

Nil

High

•     Achieve better air flow and user comfortability in hot conditions

•     Benefits for emergency welfare centre activation, and potential to seek funds from Natural Disaster Resilience Program (NDRP)

•     Adjustable backboards for junior development

•     Replace current relocatable backboards that require manual handling and could be considered as a safety concern

•     Potential for funding contribution from club and State

•     Responses received from Broome Basketball Assoc & Kimberley Basketball Academy

 

 

Project

Cost

Priority prior to feedback

Priority post feedback

Installation of permanent soccer goals

$30,000

Low

High

Shade and seating at BRAC fields

$120,000

Nil

Medium

•     13 responses to reinstate permanent soccer goals as a high priority

•     Football has expressed that shade and seating is a critical need for local competition to relocate to BRAC

 

 

Project

Cost

Priority prior to feedback

Priority post feedback

Youth Bike Precinct 1

$256,000

High

High

Youth Bike Precinct 2

$625,000

High

Medium

Youth Bike Precinct 3

$1,768,280

Medium

Low

•     Split the initial projects to balance other projects being brought forward

•     Majority of stage 1 will be completed following 2018/19 financial year

•     Stage 3 is mainly the BMX track. The critical need for this will be reduced when the draft CBP commitment for the $1 million skate park is constructed.

 

 

Due to the draft Sport and Recreation Plan now being considered for adoption in 2019, the ten year period is proposed to be pushed back for the life of the plan to now inform project investment for the years 2019 – 2029.

 

CONSULTATION

 

In development of the draft plan, extensive consultation was undertaken with the following key stakeholders and sporting clubs:

 

•       West Australian Football Commission

•       West Kimberley Football League

•       Broome Netball Association

•       Broome Fishing Club

•       Broome Soccer Association

•       Broome Basketball/Basketball Kimberley

•       Broome Touch Football Association

•       Broome Cricket Association

•       Broome Bowling Club

•       Broome Volleyball Club

•       Broome Little Athletics

•       Broome Squash Club

•       Sandfly Circus

•       Broome Motocross

•       Broome Tennis Club

•       Broome Pistol Club

•       Broome Tri Club

•       Dirty Dozen Cricket Club

•       Cacoy Doce Pares

•       Broome Field and Game

•       Kimberley Enduro Club

•       Broome Sailing Club

•       Red Dirt Riders

•       Shire of Broome staff (BRAC, Development & Community, Parks & Gardens, Executive)

•       Department of Local Government, Sport and Cultural Industries

•       Garnduwa

•       Broome Soccer Association

 

Thirty nine items of public feedback were received and reviewed by officers prior to finalising the draft Sport and Recreation Plan for Council’s consideration.

 

STATUTORY ENVIRONMENT

 

Local Government Act 1995

Section 3.18       Performing executive functions

 

(3)     A local government is to satisfy itself that services and facilities that it provides –

(a)  integrate and coordinate, so far as practicable, with any provided by the Commonwealth, the State or any public-body; and

(b)  do not duplicate, to an extent that the local government considers inappropriate, services or facilities provided by the Commonwealth, the State or any other body or person, whether public or private; and

(c)  are managed efficiently and effectively.

 

POLICY IMPLICATIONS

 

3.4.6           Community Engagement

 

FINANCIAL IMPLICATIONS

 

The financial implications for the high priority projects are as shown below. Any external funding able to be sourced depends on the funding programs that are open and available at the time of the projects occurring, and assuming the success of funding and applications submitted.

 

It is important to note that although the projects are prioritised as high importance, the implementation is not guaranteed, nor does it commit Council to provide funding towards the individual projects. The priority listing has identified the projects through extensive consultation and ranked them so that if Shire officers or individual sporting clubs are seeking funding from external sources it is demonstrated that the below projects align with the Shire’s strategic direction.

 

Priority

Works item

Cost Est.

CBP year

High

2019-22

Adoption of Sport and Recreation Plan 2018-2028

Nil

2018/19

Youth Precinct Stage 1b

$256,000*

2018/19

2x additional outdoor courts

$2,579,869 *

2019/20

Outdoor court cover

Shaded and gated 0 – 5 play ground between courts

$50,000

 

Pool playground

$145,000

 

Redevelop Skate Park

$1,000,000

2020/21

Storage at BRAC

$50,000

 

Transfer of Matsumoto Courts to Dept of Ed

Nil

 

BRAC Indoor courts floor replacement

$400,000*

2020/21

Floodlighting to Nipper Roe Field

$1,178,704*

2021/22

Surf Life Saving Club

$242,011*

2018/19

Golf Club

$250,000

 

Bowling Club

Insurance

 

3 x squash courts/indoor multipurpose space

$1,400,998

 

Pool Clubroom/Staff Room/ Crèche

$207,000

 

Haynes Oval Lighting upgrade to playing standard

$25,000

 

Adjustable indoor basketball backboards

$50,000

 

Ventilation/fans in BRAC stadium

$55,000

 

Installation of permanent soccer goals

$30,000

 

Viewing area to BRAC ovals shade and seating

$120,000

 

 

RISK

 

There is the risk that if the draft Sport and Recreation Plan is not adopted by Council the Shire will remain without an informing document to guide investment into sport and recreation facilities into the future. Federal and State Government funding programs rely on robust planning, identifying and justifying the need for projects.

 

If the Sport and Recreation Plan was not adopted, it would also be a reputational risk given the participation in the process by a large number of clubs and sports who, through their volunteers, took the time to contribute to the document.

 

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

 

Accessible and safe community spaces

 

Participation in recreational and leisure 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:

 

Core asset management to optimise the Shire’s 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:

 

Sustainable and integrated strategic and operational plans

 

Responsible resource allocation

 

Effective community engagement

 

Improved systems, processes and compliance

 

VOTING REQUIREMENTS

Simple Majority

 

REPORT RECOMMENDATION:

That Council:  

1.       Notes the feedback received from the public in relation to the Shire of Broome Sport and Recreation Plan 2019 – 2029; and

2.       Endorses the Shire of Broome Sport and Recreation Plan 2019 – 2029 as an informing document under the Shire’s Integrated Planning and Reporting Framework.

 

 

Attachments

1.

Sport and Recreation Plan - Public  Comments

2.

Final Report - Shire of Broome Sport & Recreation Plan 2019 - 2029

  


Item 9.1.1 - ENDORSEMENT OF SHIRE OF BROOME SPORT AND RECREATION PLAN 2019 - 2029

 

 


 


 


 


 


 


 


Item 9.1.1 - ENDORSEMENT OF SHIRE OF BROOME SPORT AND RECREATION PLAN 2019 - 2029

 

 

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Agenda – Ordinary Meeting of Council 28 February 2019                                                                                  Page 0 of 1

This item and any attachments are confidential in accordance with section 5.23(2) of the Local Government Act 1995 section 5.23(2)(a) as it contains “a matter affecting an employee or employees”, and section 5.23(2)(b) as it contains “the personal affairs of any person”.

9.1.2      APPOINTMENT OF DIRECTOR DEVELOPMENT AND COMMUNITY

LOCATION/ADDRESS:                             Nil

APPLICANT:                                              Nil

FILE:                                                           RFQ18-109

AUTHOR:                                                   Manager People and Culture

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                           Chief Executive Officer

DISCLOSURE OF INTEREST:                      Nil

DATE OF REPORT:                                    11 February 2019

 

SUMMARY:         Pursuant to section 5.37 of the Local Government Act 1995 this report is presented to Council in relation to the appointment of a Senior Officer.

 

  


 

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 Broome 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 28 February 2019                                                                                  Page 0 of 1

 

9.2.1      AMALGAMATION OF PORTION OF LOT 31 DP 222186 INTO RESERVE 8656 AND EXCISION OF PORTION OF RESERVE 8656 AS FREEHOLD – LAND EXCHANGE

LOCATION/ADDRESS:                             Kimberley Regional Offices - Frederick Street

APPLICANT:                                              Nil

FILE:                                                           RES 8656

AUTHOR:                                                   Land Tenure Officer

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                           Acting Director Development and Community

DISCLOSURE OF INTEREST:                      Nil

DATE OF REPORT:                                    21 December 2018

 

SUMMARY:  Currently there is no direct road access to freehold Lot 31 on Deposited Plan 222186.   Access is via Reserve 8656 and 34305, potentially leaving the subject freehold lot isolated. In addition, the Kimberley Regional Offices buildings encroach into Lot 31, and extend across the boundaries of the lots comprising Reserve 8656.

In an effort to resolve these issues and also provide road access for Lot 31, the Shire wrote to the Department of Planning, Lands and Heritage seeking a ‘land exchange’ for Lot 31.  It was originally proposed to amalgamate freehold Lot 31 into Reserve 8656, vested with the Shire of Broome for the purpose of office accommodation, in exchange for newly created freehold Lot 531 on Deposited Plan 410165.

Since the original request, various options have been considered.

This report recommends that Council advise the Department of Planning, Lands and Heritage that it wishes to proceed with the land exchange of freehold Lot 31 on Deposited Plan 222186.

 

 

BACKGROUND

 

Previous Considerations

 

OMC 27 October 2016       Item 9.3.1

OMC 26 November 2015   Item 9.3.3

OMC 26 February 2015       Item 9.3.2

OMC 28 August 2014          Item 9.3.1

OMC 18 July 2013                Item 9.2.4

 

In order to facilitate the redevelopment of Kimberley Regional Offices (KRO), the Shire wrote to the Department of Lands in October 2013 seeking to amalgamate freehold Lot 31 on Deposited Plan 222186 into Reserve 8656. 

 

Reserve 8656 is vested with the Shire of Broome for the purpose of office accommodation (see Attachment 1). It comprises 4 lots, being Lot 30 on Deposited Plan (DP) 222187, Lot 686 on DP 209025, Lot 951 on DP 174517 and Lot 1332 on DP 182950.

 

In exchange of freehold Lot 31, it was proposed to excise a portion of Reserve 8656 and create a new freehold Lot 531 on DP 410165 (indicated green on Attachment 1).

 

The intention of this request was to provide direct road access to the freehold lot.  Currently Lot 31 on DP 222186 can only be accessed via Reserve 8656 and 34305, as there is no direct road access, potentially leaving the subject freehold lot isolated.  Exchanging the freehold lot with proposed Lot 531 will eliminate this problem.

 

COMMENT

 

The KRO redevelopment did not proceed as originally anticipated, however extensive renovations are being undertaken to the existing KRO buildings. Despite the redevelopment not progressing at this time, the issue of freehold Lot 31 on DP 222186 remaining isolated persists.

 

In November 2016, the then Department of Lands wrote to the Shire seeking confirmation as to whether the Shire would like to continue with the proposed land exchange.

 

To progress with the proposal, the Department of Planning, Lands and Heritage (DPLH) sought valuations of the unimproved current market value of new Lot 531 on DP 4101165 and Lot 31 on DP 222186.  It became apparent that Lot 531 would be valued higher than Lot 31, due to the location and street frontage.  Shire officers requested the DPLH reduce the size of Lot 531 to achieve a comparable value to Lot 31 (options 1-3 in Attachment 2).

 

Following further consideration by Shire officers, a request was made to the DPLH for valuation of alternate lots, being:

 

1.   Lot 30 on DP 22187 (currently site of KRO 2); and

2.   Portion of Lot 1332 on DP 182950 and portion of Lot 31 on DP 22186 (option 4 and 5 in Attachment 2).

 

In July 2018 valuations were received from the DPLH for the additional 2 options as well as an updated valuation for Lot 31 on DP 222186, being $200,000 less than the valuation originally received in November 2017.  In order to make a comparable assessment re-valuation of all 5 options was requested.

 

On 22 November 2018, re-valuations were received for the 5 options (see Attachment 3).  As at 3 September 2018, Lot 31 on DP 22186 was valued at $770,000 (+ GST), or $380.25 per sqm.  Option 5, being a portion of Lot 1332 on DP 182950 and portion of Lot 31 on DP 22186 was also valued at $770,000 (+ GST) or $487 per sqm.

 

Option 5 envisages the creation of an irregular shaped lot on Frederick Street.  Although smaller in size than Lot 31, if this lot was converted to freehold it would have good access directly from Frederick Street, providing opportunities for the lot to be developed or sold in the future.

 

It is therefore recommended that Council advise the DPLH that it wishes to proceed with a land swap of Lot 31 by way of:

 

1.   Creation of a new freehold Lot as per option 5, being a portion of Lot 31 on DP 222186 and Lot 1332 on DP 182950 (coloured magenta on Attachment 4).

2.   Amalgamate the remaining portion of freehold Lot 31 on DP 222186 into Reserve 8656.

3.   Amalgamate the remaining portions of Lot 31 on DP 222186 and Lot 1332 on DP 182950 along with Lot 30 on DP 222187, Lot 686 on DP 209025 and Lot 951 on DP 174517 into a single lot comprising Reserve 8656.

 

CONSULTATION

 

Department of Planning, Lands and Heritage.

 

STATUTORY ENVIRONMENT

 

Local Government (Functions and General) Regulations 1996

 

30.          Dispositions of property excluded from Act s. 3.58

      (1)     A disposition that is described in this regulation as an exempt disposition is excluded from the application of section 3.58 of the Act.

      (2)     A disposition of land is an exempt disposition if —

                 (a)     the land is disposed of to an owner of adjoining land (in this paragraph called the transferee) and —

                               (i)     its market value is less than $5 000; and

                              (ii)     the local government does not consider that ownership of the land would be of significant benefit to anyone other than the transferee;

                           or

                 (b)     the land is disposed of to a body, whether incorporated or not —

                               (i)     the objects of which are of a charitable, benevolent, religious, cultural, educational, recreational, sporting or other like nature; and

                              (ii)     the members of which are not entitled or permitted to receive any pecuniary profit from the body’s transactions;

                           or

                 (c)     the land is disposed of to —

                               (i)     the Crown in right of the State or the Commonwealth; or

                              (ii)     a department, agency, or instrumentality of the Crown in right of the State or the Commonwealth; or

                             (iii)     another local government or a regional local government;

                           or

                 (d)     it is the leasing of land to an employee of the local government for use as the employee’s residence; or

                 (e)     it is the leasing of land for a period of less than 2 years during all or any of which time the lease does not give the lessee the exclusive use of the land; or

                   (f)     it is the leasing of land to a person registered under the Health Practitioner Regulation National Law (Western Australia) in the medical profession to be used for carrying on his or her medical practice; or

                 (g)     it is the leasing of residential property to a person.

   (2a)     A disposition of property is an exempt disposition if the property is disposed of within 6 months after it has been —

                 (a)     put out to the highest bidder at public auction, in accordance with section 3.58(2)(a) of the Act, but either no bid is made or any bid made does not reach a reserve price fixed by the local government; or

                 (b)     the subject of a public tender process called by the local government, in accordance with section 3.58(2)(b) of the Act, but either no tender is received or any tender received is unacceptable; or

                 (c)     the subject of Statewide public notice under section 3.59(4) of the Act, and if the business plan referred to in that notice described the property concerned and gave details of the proposed disposition including —

                               (i)     the names of all other parties concerned; and

                              (ii)     the consideration to be received by the local government for the disposition; and

                             (iii)     the market value of the disposition as ascertained by a valuation carried out not more than 12 months before the proposed disposition.

   (2b)     Details (see section 3.58(4) of the Act) of a disposition of property under subregulation (2a) must be made available for public inspection for at least 12 months from the initial auction or tender, as the case requires.

      (3)     A disposition of property other than land is an exempt disposition if —

                 (a)     its market value is less than $20 000; or

                 (b)     the entire consideration received by the local government for the disposition is used to purchase other property, and where the total consideration for the other property is not more, or worth more, than $75 000.

 

POLICY IMPLICATIONS

 

Nil.

 

FINANCIAL IMPLICATIONS

 

There may be fees associated with survey and lodgement of documents with Landgate to facilitate the land exchange.  The proposed land exchange lots are of equal value and therefore no additional costs are foreseen.

 

RISK

 

There is a risk that if the encroachment of the KRO buildings across lot boundaries is not resolved at the KRO site, this could impact on the Shire’s ability to develop and redevelop this land in the future.

 

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

 

Core asset management to optimise the Shire’s 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 land for residential, industrial, commercial and community use

 

 

VOTING REQUIREMENTS

Simple Majority

 

REPORT RECOMMENDATION:

That Council requests that the Chief Executive Officer advise the Department of Planning, Lands and Heritage to proceed with the land exchange of freehold Lot 31 on Deposited Plan 222186 by:

1.       Creating a new freehold Lot as per option 5 in Attachment 4, being a portion of Lot 31 on Deposited Plan 222186 and Lot 1332 on Deposited Plan 182950.

2.       Amalgamating the remaining portion of freehold Lot 31 on Deposited Plan 222186 into Reserve 8656.

3.       Amalgamating the remaining portions of Lot 31 on Deposited Plan 222186 and Lot 1332 on Deposited Plan 182950, along with Lot 30 on Deposited Plan 222187, Lot 686 on Deposited Plan 209025 and Lot 951 on Deposited Plan 174517 into a single lot forming Reserve 8656.

 

Attachments

1.

Proposed land exchange Lot 31 and newly created Lot 531

2.

Lot valuations November 2017 (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)(ii)) as it contains “a matter that if disclosed, would reveal information that has a commercial value to a person, where the information is held by, or is about, a person other than the local government”.

3.

Lot valuations September 2018 (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)(ii)) as it contains “a matter that if disclosed, would reveal information that has a commercial value to a person, where the information is held by, or is about, a person other than the local government”.

4.

Proposed new lot for land exchange with Lot 31

  


Item 9.2.1 - AMALGAMATION OF PORTION OF LOT 31 DP 222186 INTO RESERVE 8656 AND EXCISION OF PORTION OF RESERVE 8656 AS FREEHOLD – LAND EXCHANGE

 

 

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Item 9.2.1 - AMALGAMATION OF PORTION OF LOT 31 DP 222186 INTO RESERVE 8656 AND EXCISION OF PORTION OF RESERVE 8656 AS FREEHOLD – LAND EXCHANGE

 

 

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Agenda – Ordinary Meeting of Council 28 February 2019                                                                                  Page 0 of 1

 

9.2.2      ADOPTION OF PROPOSED AMENDMENT NO.9 TO LOCAL PLANNING SCHEME NO.6

LOCATION/ADDRESS:                             Nil

APPLICANT:                                              Shrapnel Planning

FILE:                                                           LPS6/9

AUTHOR:                                                   Strategic Planning Coordinator

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                           Director Development & Community

DISCLOSURE OF INTEREST:                      Proximity Interest - Chief Executive Officer and Manager Planning and Building Services

DATE OF REPORT:                                    3 January 2019

 

SUMMARY:         At the Ordinary Meeting of Council held on 30 August 2018, Council resolved to advertise Scheme Amendment No. 9 to Shire of Broome Local Planning Scheme No.6.

The amendment proposes to remove a ‘Restricted Use’ condition for the purposes of ‘Motel’ on Part Lot 97 of Strata Plan 57160, and rezone Lots 30, 31 and 32 Walcott Street from Residential zone with a residential density coding of R20 to Mixed Use zone.

The amendment was advertised for 43 days from 8 November 2018 to 21 December 2018, thus satisfying the required 42 days advertising period pursuant to regulation 47(4) of the Planning and Development (Local Planning Schemes) Regulations 2015.

A total of 3 submissions were received, including 1 objection and 2 non-objections.

It is recommended that Council consider the submissions received and support the proposed amendment.

 

 

BACKGROUND

 

Previous Considerations

 

OMC 30 August 2018                        Item 9.2.3

 

Site and Surrounds

 

The land subject to Scheme Amendment No. 9 includes 3 vacant lots (Lots 30, 31 and 32 Walcott Street) currently zoned Residential R20 and part of Lot 97 of Strata Plan 57160, which is currently zoned Mixed Use zone. The Lot 97 is subject to a restricted use provision for ’Motel’ in Local Planning Scheme No.6 (LPS6) and the relevant portion is currently the location of a single storey motel development (Old Tropicana Motel).

 

The subject land is bounded by Saville Street to the south, Walcott Street to the west, a motel (Town Beach Oaks) to the east and a Residential R10 lot with a single dwelling to the north. The land to the west of the site on Walcott Street is zoned Residential R10 and is identified in the Old Broome Development Strategy as part of Old Broome Special Character Area. A location plan is included in Figure No. 2 of the Scheme Amendment Report in Attachment No. 1.

 

The most notable recent development in the locality is the Town Beach Oaks development. This was approved in 2005 and incorporated a 3-stage motel development. To date, only 2 of the stages have been completed. The original application made provision for a third stage to include the part of Lot 97 on Strata Plan 57160 relevant to this scheme amendment.  However, this final stage of the 2005 development application has not been acted upon.

 

According to the proponent’s scheme amendment report, the use of this land for Motel is no longer the land owner’s intention. Instead, the scheme amendment seeks to increase the land use and design potential by removing the restricted use over the relevant part of Lot 97 on Strata Plan 57160 and extending the Mixed Use zone designation to cover Lots 30, 31 and 32 Walcott Street.  

 

COMMENT

 

An assessment has been undertaken to determine the suitability of the rezoning in the context of the broader planning framework.  This is set out under the headings below.

 

Shire of Broome Local Planning Strategy

 

The Local Planning Strategy was endorsed in August 2014 and provides for the long-term use, development and conservation of land within the Shire of Broome through zones, reserves and other designations depicted on the Local Planning Strategy Maps.

 

Some of the zones, reservations and other designations in the Local Planning Strategy are already reflected in LPS6. However, where there is an inconsistency between the Local Planning Strategy and the Local Planning Scheme, a scheme amendment is required.

 

In this instance, the totality of land subject to this amendment is identified as Mixed Use within the Local Planning Strategy, hence a scheme amendment is required to remove the restricted use designation over the relevant part of Lot 97 on Strata Plan 57160 and to rezone Lots 30, 31 and 32 Walcott Street from Residential R20 to Mixed Use. This will ensure consistency between the Local Planning Strategy and LPS6.

 

The Local Planning Strategy outlines that the predominant land uses associated with the Mixed Use zoning are to include offices, medium density residential (R40) and tourist accommodation. However, it also notes that in certain locations a lower density of R10 is considered appropriate to preserve the historic character of the area.  This provision is not considered to be applicable to the subject land as it is not zoned R10 or located within the Special Character Area under the Old Broome Development Strategy.  The prevailing built form in the locality, most notably Oaks Town Beach, is consistent with the development potential that would be created through this amendment.

 

The Local Planning Strategy outlines that any future rezoning from ‘Residential’ to ‘Mixed Use’ is to be consistent with the Shire’s Local Commercial Strategy, noting that additional information is required to support rezoning, including a commercial needs analysis.

 

In October 2017 Council adopted the Local Commercial Strategy. This is an informing document for the future Local Planning Strategy and outlines that the current planning framework provides adequate zoned land to accommodate the growth in retail and commercial floorspace demand, excluding supermarket floorspace. Given that the current planning framework makes provision for the proposed rezoning of the lots from Residential to Mixed Use, it is considered that the rezoning satisfies the requirements for the rezoning to be consistent with the Local Commercial Strategy. 

 

A commercial floor space analysis was undertaken to inform the Old Broome Development Strategy adopted by Council in 2014. This sets out the planning direction for Old Broome and identifies that scheme amendments within Area D to up-code existing ‘Residential’ zoned land to a maximum density of R40 may be supported if it can be demonstrated that such a rezoning will not adversely affect the existing character of the area. The impact upon surrounding character is explored in more detail below.

 

Local Planning Scheme No.6

 

Part Lot 97 on Strata Plan 57160 (the Old Tropicana Motel site) is zoned Mixed Use with a restricted use for Motel and Lots 30, 31 and 32 Walcott Street are zoned Residential R20 in LPS6. The proposed scheme amendment would remove the restricted use for Motel and rezone the Residential R20 lots as Mixed Use Zone, removing the current residential density coding as part of the process.

 

•       Removal of Restricted Use over part Lot 97 on Strata Plan 57160

 

It is understood that the existing restricted use provision is intended to avoid purpose-built short stay accommodation being converted into permanent accommodation at the existing Oaks Town Beach Development. The restrictive use will remain over the existing Oaks Town Beach development, it is only the stage 3 portion of the site where it is proposed to be removed.

 

The restricted use over Lot 97 for Motel includes a condition intended to reduce future overlooking to lots to the west of the site. Irrespective of the restricted use condition, the bulk and scale of future development and overlooking of this land would be assessed against the provisions of the Old Broome Development Strategy and LPS6. The only difference would be that the proposed amendment would enable future development proposals to incorporate major openings and balconies to front onto Walcott Street. It is therefore considered that removal of the restricted use conditions would improve design flexibility and the amenity of the development, and ultimately lead to activation of the street.

 

•       Rezoning of Residential R20 lots to Mixed Use

 

The rezoning of 3 Residential R20 lots to Mixed Use zone would require future development to comply with clause 3.34 of LPS6, which sets out the design requirements for the Mixed Use zone.  The rezoning would increase the development potential of the site and may have some adverse impacts upon the adjoining properties.  However, given the prevailing built form surrounding the site, such as the Oaks Town Beach, and the desired Mixed Use zoning as outlined in the Local Planning Strategy and Old Broome Development Strategy, any impacts are considered to be minimal.

 

Scheme Amendment No.7 (Omnibus Amendment) increased discretion over land use permissibility within the Mixed Use zone. The intention was to provide increased flexibility to applicants in terms of permissible land uses and provide the Shire with discretion over the uses that may be acceptable, having regard to the Old Broome Development Strategy.

 

Old Broome Development Strategy

 

The Old Broome Development Strategy outlines the medium – long term planning direction for Old Broome over the next 10 – 15 years, a similar timeframe to that contemplated in the Local Planning Strategy.

 

The Development Strategy sets out the following vision statement for Old Broome:

 

Old Broome will be a vibrant, accessible and equitable mixed use precinct meeting the needs of residents and visitors through development that is respectful of the rich cultural heritage and natural environment.

 

The subject land is located within Area D - Mixed Use Tourist / Residential in the Old Broome Development Strategy, which sets out a number of actions, including to “support Scheme Amendments within Area D to up-code existing ‘Residential’ zoned land to a maximum density of R40 if it can be demonstrated that such a rezoning will not adversely affect the existing character of the area. This does not apply to land located along a ‘priority active frontage’ as outlined above or within the ‘Old Broome Special Character Area’”. 

 

As identified in the assessment of the scheme amendment against LPS6, the land itself is not included within the Old Broome Special Character Area, and the rezoning of residential zoned lots is a logical evolution of the existing Mixed Use zone which currently incorporates the Oaks Town Beach development.

 

It is considered that any concerns related to the design and siting of future development could be adequately addressed through a development application, having regard to the provisions of LPS6 and the Old Broome Development Strategy.

 

Conclusion

 

The amendment is consistent with the strategic planning framework and it is recommended that Council support the amendment. The resolution of Council will be forwarded to Western Australian Planning Commission for determination.

 

CONSULTATION

 

At the Ordinary Meeting of Council held on 30 August 2018, Council resolved to advertise Scheme Amendment No.9.

 

Prior to advertising, the application was referred to the Environmental Protection Authority (EPA) in accordance with Section 81 of the Planning and Development Act 2005. The EPA determined that the proposed scheme amendment should not be assessed under Part IV Division 3 of the Environmental Protection Act 1986

 

The amendment was then advertised for 43 days from 8 November 2018 to 21 December 2018, thus satisfying the required 42 days advertising period pursuant to regulation 47(4) of the Planning and Development (Local Planning Schemes) Regulations 2015.

 

Advertising consisted of:

 

•       Publication of a public notice in a locally circulating newspaper (Broome Advertiser);

•       Display of a copy of the notice in the Shire administration office and on the Shire website;

•       Display of a copy of the scheme amendment documentation for public inspection, including notification to any Public Authority the Shire considers will be affected by the amendment; and

•       Providing the notice to any landowners within a 100m radius of the subject land as well as key stakeholders, including Horizon Power, Water Corporation, Department of Planning Lands and Heritage and Environmental Protection Authority.

 

The Shire received a total of 3 submissions, including 1 objection and 2 non-objections. The objection raised a number of concerns, including the impact on local character, potential increase in traffic levels and safety implications, insufficient infrastructure in the locality, lack of information within the amendment, concerns regarding increase of tourism uses, and general sustainability of the proposal.  One of the non-objections advised that a number of parties have no issue with the proposal and the other non-objection sought to have an additional lot included within the scheme amendment.

 

A schedule of submissions and officers’ responses is located in Attachment No.2. A summary of the issues raised, and officers’ responses, is provided below:

 

Increased traffic

 

The submitter raises concerns over the impact of the scheme amendment on traffic. The amendment seeks to remove a restricted use over Old Tropicana Broome site, which had previously been approved as Stage 3 of the Town Beach Oaks Development. Any future redevelopment of this site is unlikely to result in a significant increase in traffic numbers relative to what is currently permissible under LPS6.  The rezoning of 3 residential lots to mixed use may result in an increase in traffic numbers, however, this would be assessed as part of a future development application. In any event, the rationale behind the Mixed Use zone has already been established through the Old Broome Development Strategy and Local Planning Strategy.

 

No footpaths

 

The submitter raises concerns in relation to the lack of footpaths in the locality. Footpaths are not a pre-requisite for mixed use zoning. However, it should be noted that the Old Broome Development Strategy makes provision for a future pedestrian pathway along eastern boundary Walcott Street, fronting the proposed scheme amendment site. If an application is submitted prior to the construction of a footpath, a planning condition could form part of development approval ensuring that a footpath is constructed prior to the occupation of the development.

 

Poor lighting

 

The submitter raises concerns in relation to the quality of street lighting in the area. However, the existing level of lighting provision is not considered to dictate the suitability of mixed use development. That being said, it is understood that the Shire will be undertaking a lighting audit in the near future, which may result in the upgrade of street lighting in the future.

 

Lack of information and need for a local development plan or concept plan to understand what is being proposed

 

The submitter raises a lack of certainty of the form of development that may occur on the site and requests more detail for consideration by Council.  Officers consider the level of information to be adequate, given the size of the site and nature of the proposed scheme amendment.

 

Due to the size of area subject to the amendment, there would be little value in developing a Local Development Plan as both a planning application and Development Plan would have to be considered against the provisions of LPS6, thus creating unnecessary barriers to development.  

 

The scheme amendment aligns with the current strategic planning framework and covers a relatively small portion of land, therefore it is not considered necessary to place extensive requirements on the proponent.  Any future development would be subject to development application, in which design and siting concerns could be considered in more detail.  

 

Concern about impact of potential tourism uses on surrounding residential uses

 

The submitter raises concerns about the impact of potential tourism uses resulting from the scheme amendment on surrounding residential uses. The Old Broome Development Strategy identifies the land as Mixed Use (Tourist Residential). This was endorsed by Council and forms part of the strategic planning framework.

 

Loss of character

 

The submitter raises concerns about the impact of future development on the character of the locality. In this regard, the OBDS notes the following:

 

To Support Scheme Amendments within Area D to up-code existing ‘Residential’ zoned land to a maximum density of R40 if it can be demonstrated that such a rezoning will not adversely affect the existing character of the area. This does not apply to land located along a ‘priority active frontage’ as outlined above or within the ‘Old Broome Special Character Area.’

 

The subject land is not located within the Old Broome Special Character Area. It is acknowledged that the rezoning would increase the development potential of the site and may have some adverse impacts upon the adjoining properties.  However, given the prevailing built form surrounding the site, such as the Oaks Town Beach, and the desired Mixed Use zoning as outlined in the Local Planning Strategy and OBDS, it is considered that any impacts would be minimal.

 

Any future development application would be required to comply with the design requirements of LPS6 and the Old Broome Development Strategy, thus ensuring siting and design of development is compatible with the character of the locality.

 

Not a sustainable land use

 

The submitter states that the amendment cannot be seen as a sustainable land use, and questions the meaning of this term in this context. It is acknowledged that sustainability is a very subjective term and there is not one commonly agreed definition. That being said, it is considered that mixed use development is more suited to existing urban areas for the following reasons:

·        benefits of cluster development and surrounding service provision;

·        lesser demand on private vehicle use when located close to public transport and other services;

·        reduced infrastructure costs;

·        reduced pressure on greenfield areas and urban sprawl; and

·        revitalisation of existing urban areas. 

 

In this way, the scheme amendment can be seen as sustainable from a planning perspective.

 

Inclusion of 74 Walcott Street

One of the submissions requested the inclusion of 74 (Lot 106) Walcott Street into the proposed amendment, noting that this property is within 100m of the scheme amendment, and within close proximity of other apartment units to the south.

 

In considering the scheme amendment and the possible addition of 74 Walcott Street, it is important to have regard to the Shire of Broome’s adopted strategic planning framework, specifically the Old Broome Development Strategy.

 

The Old Broome Development contains the following actions:

5. Support Scheme Amendments within Area D to up-code existing ‘Residential’ zoned land to a maximum density of R40 if it can be demonstrated that such a rezoning will not adversely affect the existing character of the area. This does not apply to land located along a ‘priority active frontage’ as outlined above or within the ‘Old Broome Special Character Area.’

6. Retain the R10 density coding in the Old Broome Special Character Area.

 

74 Walcott Street is located in a Residential zone with a density coding of R10. It is also located within the Old Broome Special Character Area. Therefore, the inclusion of 74 Walcott Street into the scheme amendment would not be consistent with Council’s strategic planning framework and officers recommend that it is not supported.

 

STATUTORY ENVIRONMENT

 

Planning and Development Act 2005 - Sect 84

 

84.     Advertising proposed scheme or amendment

 

After compliance with sections 81 and 82, a local planning scheme prepared or adopted, or an amendment to a local planning scheme prepared or adopted, by a local government, is to be advertised for public inspection in accordance with the regulations.

 

Planning and Development Regulations 2015

 

34.     Terms used

 

standard amendment means any of the following amendments to a local planning

scheme —

(a)    an amendment relating to a zone or reserve that is consistent with the  objectives identified in the scheme for that zone or reserve;

(b)     an amendment that is consistent with a local planning strategy for the scheme

that has been endorsed by the Commission;

(c)     an amendment to the scheme so that it is consistent with a region planning scheme that applies to the scheme area, other than an amendment that is a

basic amendment;

(d)     an amendment to the scheme map that is consistent with a structure plan, activity centre plan or local development plan that has been approved under the scheme for the land to which the amendment relates if the scheme does not currently include zones of all the types that are outlined in the plan;

(e)     an amendment that would have minimal impact on land in the scheme area that is not the subject of the amendment;

(f)      an amendment that does not result in any significant environmental, social, economic or governance impacts on land in the scheme area;

(g)    any other amendment that is not a complex or basic amendment.

 

35.     Resolution to prepare or adopt amendment to local planning scheme

 

(1)     A resolution of a local government to prepare or adopt an amendment to a local

planning scheme must be in a form approved by the Commission.

 

Note: Section 75 of the Act provides for a local government to amend a local planning scheme or adopt an amendment to a local planning scheme proposed by

all or any of the owners of land in the scheme area.

 

(2)     A resolution must —

(a)    specify whether, in the opinion of the local government, the amendment is a complex amendment, a standard amendment or a basic amendment; and

(b)    include an explanation of the reason for the local government forming that opinion.

 

(3)     An amendment to a local planning scheme must be accompanied by all documents necessary to convey the intent and reasons for the amendment.

 

47.     Advertisement of standard amendment

 

(1)     Subject to sections 81 and 82 of the Act, if a local government resolves under regulation 35(1) to prepare a standard amendment to a local planning scheme or to adopt a standard amendment to a local planning scheme proposed by the owner of land in the scheme area, the local government must, as soon as is reasonably practicable, prepare a notice in a form approved by the Commission giving details of –

(a)    the purpose of the amendment; and

(b)    where the amendment may be inspected; and

(c)     to whom and during what period submissions in respect of the amendment

may be made.

 

(2)     On completion of the preparation of the notice, the local government must advertise the standard amendment to a local planning scheme as follows —

(a)    publish the notice in a newspaper circulating in the scheme area;

(b)    display a copy of the notice in the offices of the local government for the   period for making submissions set out in the notice;

(c)     give a copy of the notice to each public authority that the local government considers is likely to be affected by the amendment;

(d)     publish a copy of the notice and the amendment on the website of the local government;

(e)     advertise the scheme as directed by the Commission and in any other way the

local government considers appropriate.

 

(3)     The local government must ensure that the standard amendment to the local planning scheme is made available for inspection by the public during office hours at the office of the local government.

 

(4)     The period for submissions set out in a notice must be not less than a period of 42 days commencing on the day on which the notice is published in a newspaper circulating in the scheme area.

 

50.     Consideration of submissions on standard amendments

 

(1)     In this regulation — consideration period, in relation to a standard amendment to a local planning scheme, means the period ending on the latest of the following days —

 

(a)     the day that is 60 days after the end of the submission period for the 

(b)     the day that is 21 days after the receipt of a statement in respect of the amendment delivered under section 48F(2)(a) of the EP Act;

(c)     the day that is 21 days after the receipt of a statement in respect of the amendment delivered under section 48G(3) of the EP Act if that statement is in response to a request by the local government made under section 48G(1) of the EP Act before the later of the days set out in paragraphs (a) and (b);

(d)     a day approved by the Commission; submission period, in relation to a standard amendment to a local planning scheme, means the period for making submissions specified in the notice in respect of the amendment referred to in regulation 47(1).

 

(2)     The local government —

(a)     must consider all submissions in relation to a standard amendment to a local planning scheme lodged with the local government within the submission period; and

(b)     may, at the discretion of the local government, consider submissions in relation to the amendment lodged after the end of the submission period but before the end of the consideration period.

 

(3)     Before the end of the consideration period for a standard amendment to a local planning scheme, or a later date approved by the Commission, the local government must pass a resolution —

(a)     to support the amendment without modification; or

(b)     to support the amendment with proposed modifications to address issues raised in the submissions; or

(c)     not to support the amendment.

 

(4)     If no submissions have been received within the submission period, the resolution referred to in subregulation (3) must be passed as soon as is reasonably practicable after the end of the submission period.

 

POLICY IMPLICATIONS

 

Nil.

 

FINANCIAL IMPLICATIONS

 

All costs associated with undertaking the scheme amendment, including advertising costs and staff time, were met by the applicant.

 

RISK

 

The amendment proposes to remove the restricted use over Part Lot 97 of Strata Plan 57160 and rezone Lots 30, 31 and 32 Walcott Street from Residential zone with a residential density coding of R20 to Mixed Use zone.  It is considered that potential risks from future development can be mitigated through a suitable design, and will be explored through the development application process.

 

STRATEGIC IMPLICATIONS  

 

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

 

Accessible and safe community spaces

 

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

 

A built environment that reflects tropical climate design principles and

 

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

 

A preserved, 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:

 

Effective community engagement

 

 

VOTING REQUIREMENTS

Simple Majority

 

REPORT RECOMMENDATION:

That Council:  

1.       Considers all the submissions received through the public advertising submission period of proposed Amendment No. 9 to the Shire’s Local Planning Scheme No.6 in accordance with regulation 50 (2) of the Planning and Development (Local Planning Schemes) Regulations 2015.

2.       Supports Amendment No. 9 to Local Planning Scheme No.6 to remove a ‘Restricted Use’ condition for the purposes of ‘Motel’ on Part Lot 97 of Strata Plan 57160, and rezone Lots 30, 31 and 32 Walcott Street from Residential zone with a residential density coding of R20 to Mixed Use zone.

3.       In accordance with regulation 53 (1) of the Planning and Development (Local Planning Schemes) Regulations 2015, provides the Western Australian Planning Commission with a copy of:

(a)     the advertised amendment;

(b)     a schedule of submissions;

(c)     the response of the local government in respect of each submission;

(d)     a copy of the Council resolution; and

(e)     a copy of the proposed mapping changes.

4.       Forwards the amendment documentation to the Western Australian Planning Commission and the Minister for Planning in accordance with regulation 53 (1) of the Planning and Development (Local Planning Schemes) Regulations 2015.

5.       Acknowledges in writing the receipt of each submission received in accordance with regulation 49 (2) of the Planning and Development (Local Planning Schemes) Regulations 2015.

 

Attachments

1.

Scheme Amendment Report

2.

Schedule of Submissions

  


Item 9.2.2 - ADOPTION OF PROPOSED AMENDMENT NO.9 TO LOCAL PLANNING SCHEME NO.6

 

 

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Item 9.2.2 - ADOPTION OF PROPOSED AMENDMENT NO.9 TO LOCAL PLANNING SCHEME NO.6

 

 

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Agenda – Ordinary Meeting of Council 28 February 2019                                                                                  Page 0 of 1

 

9.2.3      APPLICATION FOR DEVELOPMENT APPROVAL - BROOME GOLF CLUB REDEVELOPMENT - LOT 1197 & 511 PORT DRIVE

LOCATION/ADDRESS:                             Lot 1197 & 511 Port Drive, Minyirr

APPLICANT:                                              Edward Tran (Laird Tran Studio)

FILE:                                                           RES 33592

AUTHOR:                                                   Planning Officer

CONTRIBUTOR/S:                                    Manager Planning and Building Services

RESPONSIBLE OFFICER:                           Acting Director Development and Community

DISCLOSURE OF INTEREST:                      Nil

DATE OF REPORT:                                    7 February 2019

 

SUMMARY: The Shire has received a development application for the redevelopment of Broome Golf Club, located on Lot 1197, No. 223 Port Drive, Minyirr.

The application seeks to construct new facilities which will include a new clubhouse, pro shop, restaurant and function centre. The application is being referred to Council as the development proposes a variation to the onsite parking requirements outlined under LPS6.

This report recommends that the application is conditionally approved.

 

 

BACKGROUND

 

Previous Considerations

 

OMC 4 May 2004                               Item 9.5.1

OMC 21 March 2013                         Item 9.2.2

OMC 24 April 2013                             Item 9.1.3

OMC 15 October 2015                     12.1 (Matters of Urgent Business)

OMC 15 December 2016                 Item 9.2.5

OMC 14 December 2017                 Item 9.2.7

OMC 13 September 2018                 11.1 (Notice of Motion)

OMC 13 December 2018                 Item 9.2.7

 

The items mentioned above relate to the lease and business case development for the golf club.

 

Site and Surrounds

 

The Broome Golf Club’s clubhouse is currently constructed on Lot 1197, which is 5,015sqm in area. Lot 1197 is Reserve 33592 which is vested with the Shire of Broome for the purposes of ‘Club and Club Premises’. The golf course and access to the clubhouse is through Lot 511 Port Drive which is Reserve 29300 and is vested with the Shire of Broome for the purpose of ‘Public Recreation Golf Links’. Both lots are identified as a Local Scheme Reserve – Parks, Recreation and Drainage under Local Planning Scheme No 6.

 

The subject site is currently utilised and operating as Broome Golf Club and has two existing structures on-site, owned by the Shire of Broome. The existing structures include a clubroom, kitchen, bar, small office, a small pro-shop, ablution facilities and a small storage shed. The existing clubhouse is principally constructed on Lot 1197, although a portion does extend into the adjacent golf course reserve (Lot 511).

 

The Proposal

The development application proposes to construct two (2) double storey buildings (referred in this report as Building A and Building B). Building A will accommodate a clubhouse which will consist of clubrooms with bar and alfresco areas, a pro-shop (retail shop), office and administration room, storeroom, golf cart garage and cool room, change rooms and a Club Committee meeting room. Building B will accommodate a restaurant inclusive of a commercial kitchen and cool/freezer room as well as a function room with a caterer’s preparation area and storage area. Copies of the proposed site plan, floor plans and elevations are detailed in Attachment No 2.

 

The applicant has also supplied a report that summaries the matters that have been considered in the design of the development, this is included in Attachment No 3.

 

The existing access track to the clubhouse will be maintained, including the portion which currently encroaches into Reserve 51304 which is jointly vested with the Shire of Broome and Yawuru. The total area of encroachment is 167sqm.

 

The application is seeking approval to install sealed parking to the immediate east of Building A and B. This sealed parking area will include 48 car parking pays and 12 motorcycle bays on Lot 1197. It is proposed that an additional 52 bays to the immediate east of the sealed parking area adjacent to the clubhouse be installed.  

 

COMMENT

 

An assessment of the application against the Local Planning Framework is set out below:

 

Local Planning Scheme No 6 (LPS6)

 

The subject site is identified as a Local Scheme Reserve for Parks, Recreation and Drainage. Clause 2.6 of LPS6 establishes the purpose of this reserve, which includes ‘to serve the active and passive recreation needs of the local community and allow for the development of sporting facilities and related compatible uses including recreation buildings’. The development that is proposed is consistent with the purpose of the Reserve.

 

The proposed development is also positioned within Special Control Area 7 (SCA7) – Landscape Protection Area. Clause 5.2.7 of LPS6 establishes the matters that are to be considered for development proposed in this SCA. The application has addressed the provisions of the SCA and a summary of this assessment is set out in Attachment No 4.

 

Site & Development Requirements – Car Parking Provision

 

The application is seeking a variation to the required provision of carparking bays for the redevelopment, based on calculations for the proposed land uses and LPS6 – Schedule 9 Car, Motorcycle and Bicycle ratios.

 

The below table outlines the required number of car parking bays as per the provisions of LPS6, which requires a total of 134 bays. The application proposes to construct 48 sealed car parking bays, 12 sealed motorcycle parking bays on Lot 1197 and 52 unsealed parking adjacent to the lease boundary bays on Lot 551. Therefore, there would be a shortfall of 22 bays to support the development. 

 

Land Use

Sub-uses

Bays Required

Calculation

Total

Golf Club

Community Purposes/Club

1 bay per 4 persons capable of being accommodated

250 people/2

62.5

Restaurant

1 bay per 6sqm of dining area

200sqm/6

33.3

Function Centre

1 bay per 4 persons capable of being accommodated

150 people/4

37.5

TOTAL

 

 

 

133.3 = 134 bays

 

The applicant has shown on the submitted plans that an area of overflow parking around the existing shed at the base of the dune leading to the golf course, can accommodate the additional bays required. This area has capacity to cater for an additional 23 parking bays. This area is located approximately 250m from the clubhouse. The applicant has detailed, that if required, a patron’s transportation buggy will be provided by the Golf Club to ferry people between the top and bottom of the hill. Accounting for this overflow parking area, the applicant has demonstrated that there is adequate parking to cater for the future needs of the development.

 

Furthermore, as noted in the applicant’s submission, with the exception of one-off events such as Golf Pro Events, all three (3) facilitates (inclusive of the clubhouse, restaurant and function Room), generally will not be operating at full capacity at any one time and thus maximum capacity is unlikely to be reached, reducing the demand for parking. Therefore, the need for the overflow parking area nominated is likely to be infrequent and only in use on isolated occasions.

 

LPP 5.6 – Parking establishes the parking construction standards throughout the Shire. This is based on land use zones under LPS6 and given that the area is a Local Scheme Reserve, the Policy does not specify the construction standards. Given the type of land use activity proposed and the commercial nature of the development, it is common that bays should be finished to a sealed standard. The development has made provision for 48 vehicle bays and 12 motorbike bays which will be finished to a two-coat seal standard. This will be a similar footprint to the current parking area for the Golf Club, which is currently pindan.

 

These 48 vehicle bays and 12 motorcycle bays are likely to meet the ordinary generated parking demand, particularly as it will be common that the golf course/clubhouse will be occupied by the members during the day-light hours and the function centre/restaurant would typically experience higher demand in the evening/night. Therefore, it is considered reasonable that the identified additional overflow areas do not have to be sealed and can be finished to a gravel standard.

 

Overall it is considered that adequate provision has been made for parking. Conditions of approval are recommended to be incorporated regarding the construction and maintenance of parking bays. Ordinarily, in situations when parking is developed over two lots to support a land use, legal agreements would form a condition of approval, however in this case given that the sites are Reserves and as the purposes of the reserve is controlled under the Land Administration Act 1997, this is not required in this case.

 

LPP 5.12 - Public Art

Local Planning Policy 5.12 – Provision of Public Art applies to all development within the Shire of Broome over the value of $4 million (unless otherwise falling within the exemptions provided for under Clause 1.0, which does not apply in this case). The Policy sets out that development is required to contribute a monetary amount or the installation of a public art work on the site subject to the development, within a crown reserve adjoining or near the development site, that is half of a percent (0.5%) of the estimated construction cost. The estimated construction cost of the development subject of this application is $5,500,000 and thus a public art contribution of $27,500 or a public art installation equal to that dollar value. The applicant has outlined that they are considering art panels to be clad over the lift shaft, and further public art opportunities to be achieved in the landscaping design.

A condition of approval has been recommended.

 

Encroachment into Yawuru Intown Conservation Estate

 

The access track to the golf club currently encroaches into the adjacent conservation estate which is jointly vested with the Shire of Broome and Yawuru. Options for the relocation of the access track were investigated through the design of the redevelopment. The applicant has advised for the following reasons the track is proposed to be maintained in the current alignment:

 

·    Civil review of alternative designs to remove the encroachment would have resulted in the construction of retaining walls in excess of 2m in height.

·    The retaining walls would have added construction costs and would be visually prominent in the landscape as opposed to maintaining the current access.

·    Retaining current access results in improved outcomes through greater landscaping area on the approach to the building. 

 

The issue of the encroachment into the conservation estate was considered at the Yawuru Park Council meeting on the 5 September 2018, where the following resolution was made:

 

1.   Acknowledge the Broome Golf Club’s existing access track encroaches into Reserve 51304 and that no objections are raised to the continued use of the access track in the redevelopment of the site, should an alternative access track not be possible.

2.   Should alternate access track not be possible, the future act will be addressed in accordance with the Native Title Act 1993.

Given the above resolution and as the removal of the encroachment would lead to a compromised design outcome, it is considered in this case no adjustments are required. Any implications regarding the Native Title Act will have to be resolved by the Golf Club and an advice note to that effect is recommended to be incorporated into the approval. 

 

Conclusion

 

Further to the above, the redevelopment of the clubhouse as proposed is consistent with the provisions of LPS6. Accordingly, it is recommended that Council resolve to approve the application, subject to conditions as set out in the recommendation of this report.

 

CONSULTATION

 

In accordance with Local Planning Policy 5.14 – Public Consultation, the application does not require wider public consultation as the land uses proposed as part of the application are deemed to be Level A under the policy, which establishes that no consultation is required.

 

As detailed in Attachment No 3 the applicant has undertaken consultation with Yawuru in relation to the encroachment and heritage considerations.

 

It should also be noted, that in August 2016, extensive community engagement was undertaken regarding the proposed redevelopment of the golf club/clubhouse and the ‘best use’ of the site. A community engagement report was tabled and adopted by Council at the Ordinary Meeting on the 15 December 2016.

 

STATUTORY ENVIRONMENT

 

Planning and Development Act 2005

 

Shire of Broome Local Planning Scheme No.6 – refer to planning assessment under Attachment No 3.

 

POLICY IMPLICATIONS

 

LPP 5.6 - Parking

 

LPP 5.7 – Development Standards for Development Applications

 

LPP 5.12 – Provision of Public Art

 

FINANCIAL IMPLICATIONS

 

The condition of planning approval with respect to public art would result in a cash contribution of $27,500 to the Shire or the installation of art work of an equivalent amount to be installed by the developer.

The site on which the redevelopment is proposed is vested with the Shire of Broome and as such once constructed will become a Shire asset. These financial implications have been assessed through earlier items regarding funding/lease arrangements and are not a consideration at the development assessment stage.

 

RISK

 

Nil

 

STRATEGIC IMPLICATIONS  

 

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

 

Accessible and safe community spaces

 

Participation in recreational and leisure 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:

 

A built environment that reflects tropical climate design principles and

 

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

 

A preserved, 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 and equitable services and infrastructure

 

Key economic development strategies for the Shire which are aligned to regional outcomes working through recognised planning and development groups/committees

 

 

VOTING REQUIREMENTS

Simple Majority

 

REPORT RECOMMENDATION:

That Council:  

1.         Approves the application for development approval 2019/6 for a ‘Clubhouse, Restaurant and Reception Centre’ at Lot 1197 and 511 Port Drive, Minyirr submitted by Laird Tran Studios subject to the following conditions:

i)     The development plans, as date marked and stamped ‘Approved’, together with any requirements and annotations detailed thereon by the Shire of Broome, are the plans approved as part of this application and shall form part of the development approval issued, except where amended by other condition of this approval.

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 as shown on the approved site plan;

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

c.    A landscaping plan.

          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 in accordance with the approved engineering plan and storm water drainage plan.

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

 

iv)      At all times, the Asset Protection Zone must be maintained in accordance with the Bushfire Management Pan prepared by Bushfire Smart dated 21 January 2019.

 

v)      A contribution to public art to the value of $27,500, is to be made to the Shire     prior to the occupation of the development in accordance with the provisions       of LPP 5.12. 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 is a Development Approval of the Shire under its Local Planning Scheme No 6.  It is not a Building Permit or an approval to commence or carry out development under any other law.  It is the responsibility of the owner to obtain any other necessary approvals, consents and licenses required under any other law, and to commence and carry out development in accordance with all relevant laws.

 

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 Development 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 1972. The developer will need to make enquiry and application to the Department of Planning, Lands and Heritage in order to ensure compliance with the Aboriginal Heritage Act 1972.

 

iv. Any implications under the Native Title Act 1993 with regard to the existing access encroachment are to be resolved by the Broome Golf Club.

 

Attachments

1.

Location Plan

2.

Site Plan, Floorplan and Elevations

3.

Applicant's Development Application Report

4.

Planning Assessment Summary

  


Item 9.2.3 - APPLICATION FOR DEVELOPMENT APPROVAL - BROOME GOLF CLUB REDEVELOPMENT - LOT 1197 & 511 PORT DRIVE

 

 

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Item 9.2.3 - APPLICATION FOR DEVELOPMENT APPROVAL - BROOME GOLF CLUB REDEVELOPMENT - LOT 1197 & 511 PORT DRIVE

 

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Item 9.2.3 - APPLICATION FOR DEVELOPMENT APPROVAL - BROOME GOLF CLUB REDEVELOPMENT - LOT 1197 & 511 PORT DRIVE

 

 

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Agenda – Ordinary Meeting of Council 28 February 2019                                                                                  Page 0 of 1

 

9.2.4      REQUEST FOR TENDER 18/07 - Airconditioning Renewal at Kimberley Regional Offices

LOCATION/ADDRESS:                             Reserve 8656

APPLICANT:                                              Nil

FILE:                                                           RFT18/07

AUTHOR:                                                   Asset & Building Coordinator

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                           Director Infrastructure

DISCLOSURE OF INTEREST:                      Nil

DATE OF REPORT:                                    14 February 2019

 

SUMMARY:         This report considers tenders received for Request for Tender (RFT) 18/07 and seeks Council’s adoption of the recommendation contained within the attached confidential evaluation report.

 

BACKGROUND

 

Previous Considerations

 

Nil.

 

Following the cancellation of the new Kimberley Regional Offices (KRO) 3 building project, Council resolved to significantly overhaul the existing KRO buildings to ensure that they continued to provide suitable accommodation for Government agencies and not for profit organisations

 

Renewal of the airconditioning systems is the key component of the functional enhancements to the buildings and will ensure that they provide a modern efficient system that is adaptable to different tenant requirements.

 

Sufficient budget was approved in Jobs 147374 and 147375 to undertake the works.

 

COMMENT

 

Scope of Works

The Scope of Works was based on a study carried out by Tim Franklin Engineering which recommended renewal of the existing aircon systems with a hybrid system combining large ducted packaged plant with small split systems.  Complete renewal of the ducting in KRO 1 and KRO 2 was recommended along with complete renewal of the aircon plant in KRO 2.  Existing plant in KRO 1 was to be retained and reconfigured as it benefitted from a  partial renewal in 2011.

 

Following the study a detailed Scope of Works was prepared which included the following key inclusions:-

 

·    Works to be completed by 30 June 2019

·    Airconditioning to be maintained to occupied tenancies during works

·    Removal and disposal of existing ducting

·    Renewal of ducting throughout

·    Reconfigure existing packaged plant at KRO 1 to reduce capacity and increase efficiency

·    Replacement of existing packaged plant KRO2

·    Electrical connections of new plant

·    Commission and maintain new plant for a period of one year.

 

Process

Tenders were managed internally by officers through the Shire’s e-tendering procurement system Tenderlink.  As required by legislation, an advertisement was placed in the West Australian on 24 November 2018 and on the Administration Office and Library noticeboards.  The submission period was open for the required minimum of 14 days and closed at 13:00 WST 18 December 2018.

 

One tender was received by the closing date and this was subsequently evaluated against the RFT’s Compliance Criteria and assessed as compliant.  The tender was then fully assessed against the Qualitative Criteria.

 

Value for Money Assessment

In accordance with Council’s Purchasing Policy 2.1.2, officers utilised a value for money assessment to determine the most advantageous tender through a formal evaluation process including three panel members consisting of Shire officers.  This included an assessment of several critical compliance and qualitative criteria.  Qualitative criteria considered critical to this project were :-

 

·    Previous Experience of packaged plant aircon installations in Northwest – 45%

·    Schedule and plan to maintain air conditioning to occupied tenancies – 30%

·    Percentage local content - 25%

 

A detailed description of the tender evaluation process is included within the confidential evaluation report which is provided for Council’s review and information in Attachment 1. Council is requested to consider the tender responses received and it is recommended that Council resolve to adopt the recommendation contained within the confidential evaluation report.

 

CONSULTATION

 

Tim Franklin Engineering provided a technical assessment of the tender submission and noted that it complied with the Scope of Works.

 

STATUTORY ENVIRONMENT

 

3.57 Tenders for providing goods or services

(1)     A local government is required to invite tenders before it enters into a contract of a prescribed kind under which another person is to supply good or services.

(2)     Regulations may make provision about tenders

Local Government (Functions and General) Regulations 1996

11.     When tenders have to be publicly invited

(1)     Tenders are to be publicly invited according to the requirements of this Division before a local government enters into a contract for another person to supply goods or services if the consideration under the contract is, or is expected to be, more, or worth more, than $150 000 unless subregulation (2) states otherwise.

 

POLICY IMPLICATIONS

 

Purchasing 2.1.2

Local Regional Price Preference 2.1.3

 

FINANCIAL IMPLICATIONS

 

Asset:

Kimberley Regional Offices Renewal

Capital Expense

Lifecycle Cost (annually)

Remarks

Capital Expense

 

 

 

Renewal

$668,800

$33,400

Based on 20 year life

TOTAL

 

$10,000

 

*   Operation and Maintenance costs - calculated as an increase to existing costs for upgrade and new assets.

 

The table below outlines funding sources for the capital and lifecycle costs.

 

Funding Source:  Kimberley Regional Offices Renewal

Funding Type

Capital or Start Up Expense

Life Cycle Costs (Annual)

Funding Details (eg RLCIP)

Account Number

Cost $

*Cost Type

Grant

 

 

 

 

 

Reserve

$668,800

 

Asset renewal

 

147374

147375

 

 

 

 

 

 

TOTAL

$668,800

 

 

 

 

*Cost Type – Asset: New, Upgrade, Renewal, Maintenance, Operating.

                     Service:   Start up and Operating

 

RISK

 

There is a medium level of risk of the Contractor being unable to complete the project due to financial contraints.  This is mitigated by independent financial assessment having been undertaken on the preferred tenderer, and the contract will be structured with progress payments based on physical milestones achieved.

 

There is a medium level of risk of weather impacting the renewal of the aircon systems, particularly with regard to the installation of replacement ducting which will require lifting off of roof sheets from the building to provide access. 

 

This risk is mitigated by these works commencing on site late April when likelihood of monsoonal rain events is low and only small sections of roof to be opened up at any one time.

 

There is a medium risk of interruption to tenants within the building during the installation of the replacement plant and ducting.

 

This is mitigated to low by the Contractor scheduling disruptive works out of hours, the contractor providing portable air conditioning units and scheduling of activities agreed with tenants to take advantage of their operationally quiet periods.

 

There is a high Safety risk on site with ducting replacement works being undertaken while the buildings are occupied by tenants.

 

This is mitigated to low with the contractor to provide a safety plan agreed with tenants and approved by the Shire before works commence, which will address exclusion zones below ducting activity, out of hours working, electrical isolations and deliveries and handling of materials.  Weekly site meetings will be held to discuss concerns and act on any issues.

 

STRATEGIC IMPLICATIONS  

 

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

 

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

 

Core asset management to optimise the Shire’s 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

 

VOTING REQUIREMENTS

Simple Majority

 

REPORT RECOMMENDATION:

That Council:

1.   Accepts the tender submitted by _______________       _ as the most advantageous tender to form a contract for RFT18/07 Airconditioning Renewal at Kimberley Regional Offices, for the fixed lump sump price of __________ excluding GST.

2.   Authorises the Chief Executive Officer to negotiate minor contract variations to an aggregated value of not more than 10% of the total contract value of __________ excluding GST, with any variations beyond this limitation being referred for Council decision.

 

 

Attachments

1.

Attachment 1: Confidential Evaluation Report (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)(ii)) as it contains “a matter that if disclosed, would reveal information that has a commercial value to a person, where the information is held by, or is about, a person other than the local government”.

  


Agenda – Ordinary Meeting of Council 28 February 2019                                                                                  Page 0 of 1

 

9.2.5      ADOPTION OF COASTAL PLANNING POLICY

LOCATION/ADDRESS:                             Broome Townsite

APPLICANT:                                              N/A

FILE:                                                           LPS6/5

AUTHOR:                                                   Strategic Planning Coordinator

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                           Acting Director Development and Community

DISCLOSURE OF INTEREST:                      NIL

DATE OF REPORT:                                    8 January 2019

 

SUMMARY:         At the Ordinary Meeting of Council held on 30 August 2018, Council resolved to advertise the draft Coastal Planning Policy.

The draft policy has been prepared to guide development in areas within the Broome townsite that have been identified as being subject to Coastal Hazard risk within a 100-year planning timeframe. 

The draft policy was advertised for a total of 44 days in accordance with Council Resolution at the 30 August 2018. A total of 2 non-objections were received,

It is recommended that Council adopt the draft Coastal Planning Policy as a Local Planning Policy to guide development subject to coastal hazard risk.

 

 

 

BACKGROUND

 

Previous Considerations

 

OMC 07 September 2017                 Item 9.2.3

OMC 30 March 2017                         Item 9.2.1

OMC 30 June 2016                            Item 9.2.2

OMC 30 August 2018                        Item 9.2.2

 

Background

 

The Shire of Broome and the engaged coastal engineering consultants have undertaken coastal hazard risk management and adaptation planning for the Broome townsite in accordance with State Planning Policy 2.6 - State Coastal Planning Policy (SPP 2.6). Work completed to date has identified coastal hazard risk and set out adaptation options to improve the townsite’s resilience to extreme weather events and future sea level rise. The draft Coastal Planning Policy included in Attachment No.1 builds upon this work, providing guidance on how development on land subject to coastal hazard risk will be assessed and determined.

 

A summary of the coastal planning work that has been undertaken is outlined below:

 

 

 

Coastal Vulnerability Study

 

The first step of the coastal planning process was to prepare a Coastal Vulnerability Study (CVS) to understand potential future threats from coastal inundation, erosion, stormwater flooding and climate change. The Broome CVS was received by Council in June 2016 and identified the portions of the Broome townsite that are at risk of coastal hazards, namely inundation and erosion, within a 100-year planning timeframe.

 

Broome Townsite Coastal Hazard Risk Management Adaptation Plan

 

Building on the outcomes of the CVS, the Shire developed a Coastal Hazard Risk Management Adaptation Plan (CHRMAP) in accordance with the Department of Planning, Lands and Heritage (DPLH) Guidelines.  The CHRMAP separates the coastline into 9 distinct coastal compartments (also used in the draft Coastal Planning Policy) based on geomorphological characteristics, coastal processes and geographical locations of interest, and sets out a recommended planning approach for each based on the Risk Management and Adaptation Hierarchy. A copy of the recommended planning approach for each compartment is included within the draft Coastal Planning Policy. 

 

As part of the wider adaptation options, the CHRMAP recommends that the Shire develop a Special Control Area (SCA) to delineate the areas vulnerable to coastal hazard risk over a 100-year timeframe and develop a Local Planning Policy to help guide development within this area.

 

Scheme Amendment to create a ‘Coastal Hazard Risk Area’ Special Control Area No.9

 

In March 2017 Council resolved to support the proposed inclusion of a ‘Coastal Hazard Risk Area’ SCA into Local Planning Scheme No.6 (LPS6). The purpose of the SCA is to delineate areas of the Broome townsite that will be required to undertake coastal hazard risk management and adaptation planning (Adaption Planning) prior to undertaking development. The amendment was gazetted by the State Government on 9 November 2018.

 

 

COMMENT

 

The draft Coastal Planning Policy has been developed to assist with the implementation of SCA No.9 – Coastal Hazard Risk Area (SCA9) within LPS6. The policy provides guidance on how proposals for development will be assessed and determined for each of the 9 coastal compartments as outlined in the CHRMAP. The draft Policy outlines development controls for land subject to coastal inundation and coastal erosion.

 

Coastal Erosion Risk

 

For land that is identified as being subject to future coastal erosion within the CVS, the policy provisions have been guided by the DPLH’s ‘Draft Manage Retreat Guidelines’ released in August 2017. The draft policy establishes that no permanent structures can be located within the coastal erosion processes setback area for the 2110 planning period unless provision has been made within the Broome Townsite CHRMAP. An example of where development may be permitted within the 2110 coastal process allowance setback would be where a section of coast has been identified for protection.

 

Structures that are coastally dependent or have a lifespan less that of the coastal erosion planning timeframe may also be permitted subject to the recommended approaches set out in the CHRMAP. However, any approval would be conditional on the owner removing approved structures in advance of the anticipated erosion date. This approach is consistent with the DPLH’s Draft Managed Retreat Guidelines and will help to ensure developer flexibility is balanced against coastal hazard risk.

 

Coastal Storm Surge Inundation Risk and Associated Development Standards

 

The policy sets out development standards for land that is subject to storm surge inundation risk, allowing concessions for new development in areas that are identified for protection in the longer term, such as Chinatown.

 

In areas where no protection option is proposed, new development is to ensure a minimum Finished Floor Level (FFL) of 7.03m Australian Height Datum (AHD) for all habitable rooms or net lettable areas for commercial / retail / community buildings. This is to increase resilience of new development to the combination of predicted sea level rise and the risk of storm surge inundation within the 2110 planning timeframe.

 

The CHRMAP identifies that a protection option is to be constructed in Chinatown by 2070. Accordingly, the development standards in Chinatown have been designed in accordance with the 2070 planning timeframe rather than 2110 planning timeframe.  

 

The original draft policy presented to Council in August 2018 required the FFL of any development within Chinatown protection area to be consistent with a 1-in-500-year storm event within the 2070 timeframe. However, following a review of policy requirements in the eastern states, and in acknowledgement of Chinatown’s low-lying historic built form, it is considered that new development should only be required to construct to a 1-in 100-year event within the 2070 planning period.

 

This policy also sets out other design requirements to ensure that buildings are designed to withstand structural loads associated with a storm surge flood event, as well as foundations and footings being adequate to withstand potential erosive action during coastal inundation. A comprehensive list of planning requirements can be found in the draft Policy in Attachment No.1.

 

Notification on Title

 

In addition to the requirements set out above, any subdivision or development located within SCA9 will require registration of a Section 70A Notification being placed on the Certificate of Title, under the provisions of Section 75A of the Transfer of Land Act 1893:

 

VULNERABLE COASTAL AREA - This lot is located in an area likely to be subject to coastal erosion and/or inundation over the 100-year planning timeframe (2110).

 

Summary

 

The Shire of Broome and the engaged coastal engineering consultants have undertaken significant research to understand the coastal hazard risks affecting the Broome townsite over the 2110 planning timeframe.  Further to this, Council resolved to support the creation of a Special Control Area (SCA9) in LPS6 to delineate those areas within Broome townsite at risk from coastal hazards and ensure that future development either mitigates, or avoids, the risk posed. 

 

The draft policy provides adaptation requirements for applicants and will assist officers in assessing development applications within SCA9. The adaptation options have been developed based on recommendations set out in the CHRMAP and are consistent with DPLH’s SPP 2.6 Coastal Planning and Draft Planned or Managed Retreat Guidelines.

 

It is considered that the draft Coastal Planning Policy not only increases the townsite’s resilience to current and future coastal hazard risk, but it also balances development pressures and heritage considerations with the need to conserve and enhance coastal values, particularly in terms of biodiversity and ecosystem integrity.

 

The coastal hazard risks outlined in the CVS are not unforeseen, nor are they insignificant. Therefore it is considered that Council has a duty of care to outline these risks within the Shire’s planning framework, and ensure that development is appropriately planned to avoid and mitigate future coastal hazard risk. As a result, it is requested that Council resolve to adopt the draft Coastal Planning Policy as a Local Planning Policy to guide development subject to coastal hazard risk. 

 

CONSULTATION

 

Schedule 2 Part 1 Regulation 4 of the Planning and Development (Local Planning) Regulations 2015 outlines the consultation requirements for the development of a Local Planning Policy.  Consultation was undertaken in accordance with the State and Local Government requirements, and included:

 

·    A notice displayed on Council’s website;

·    Workshop with Council;

·    44 day public comment period;

·    Notice in the Local Newspaper;

·    Letters sent to key stakeholders, including:

Department of Biodiversity, Conservation and Attractions

Yawuru

Horizon Power

Department of Planning, Lands and Heritage

Water Corporation

Broome International Airport

LandCorp

Department of Transport

Kimberley Ports Authority

Department of Water and Environmental Regulation

State Heritage Office

 

Through the preparation of SCA9, all property owners falling within the policy area were consulted. Given the previous notification through the scheme amendment, it is not deemed necessary to write to all landowners again.

 

Only two submissions were received during the public comment period. Responses were received from Department for Planning, Lands and Heritage (DPLH) and Department for Biodiversity, Conservation and Attractions (DBCA). A schedule of submission can be found in Attachment No. 2.

 

Comments from DPLH

 

DPLH raised no objections to the policy, noting that the Shire has been proactive in planning for coastal vulnerability of public and private assets within its jurisdiction.

 

It should be noted that further advice was sought from DPLH following their submission. Specifically, Shire officers questioned whether the FFL for new development in Chinatown is required to be consistent with a 1-in-500 year event within the 2070 period (6.45m AHD), or could be further reduced to a FFL consistent with a 1-in-100 year event (5.96m AHD).

 

Officers are cognisant that there are already several design constraints that affect new development in Chinatown, such as building height restrictions due to the close proximity of Broome International Airport, and increased design standards due to Chinatown’s designation as a registered Conservation Area. Officers are concerned that that the policy in its original draft form could place onerous requirements on land owners, which would adversely impact commercial viability of development and result in design outcomes that are incongruous with the surrounding built form. Consequently, it is recommended that the policy is further revised to require development to withstand storm surge associated with a 1-in-100 year event within the 2070 period to improve the economic viability of future development and its compatibility with Chinatown’s historic built form.

 

In pursuing this approach, Shire officers consider that they are proactively responding to a that risk that is not unforeseen and not insignificant, whilst also ensuring that development standards do not stifle development within the Broome town centre. It should also be noted that planning for a risk of a 1-in-100 year event is consistent with risk planning in other areas, such as riverine flooding.

 

Comments from DBCA

 

DBCA raised questions about coastally dependent infrastructure, and whether it would need to comply with the draft Coastal Planning Policy. In response, the policy does not propose a variation to clause 7 of State Planning Policy 2.6, which identifies a number of circumstances where development may need to occur within coastal hazard risk area. Such instances include coastally dependent structures, such as fencing, and public recreation facilities with a finite lifespan. There are also provisions within the Scheme to exempt development subject to coastal hazard risk in instances where the proposed development is of a minor nature, or where it is a change of use to a permitted land use with no other material implications. 

 

DBCA also requested further clarification on the application of the Policy, specifically in relation to lot and development footprints. In response, further clarification has been provided in the policy, noting For example, a lot may have a partial encroachment within the SCA boundary, however, if the proposed development is located outside the SCA area, the policy would not apply.”

 

The final request from DBCA was for further clarification in relation to the boundaries of the coastal compartments. In response, the mapping within the draft Coastal Planning Policy have been updated to more accurately reflect the coastal compartment included within the Broome Townsite CHRMAP.

 

STATUTORY ENVIRONMENT

 

Planning and Development (Local Planning Schemes) Regulations 2015

 

4. Procedure for making local planning policy

 

(1)     If the local government resolves to prepare a local planning policy the local government must, unless the Commission otherwise agrees, advertise the proposed policy as follows —

(a)    publish a notice of the proposed policy in a newspaper circulating in the Scheme area, giving details of —

(i)      the subject and nature of the proposed policy; and

(ii) the objectives of the proposed policy; and

(iii) where the proposed policy may be inspected; and

(iv) to whom, in what form and during what period submissions in relation to the proposed policy may be made;

(b)    if, in the opinion of the local government, the policy is inconsistent with any State planning policy, give notice of the proposed policy to the Commission;

(c) give notice of the proposed policy in any other way and carry out any other consultation the local government considers appropriate.

(2)     The period for making submissions in relation to a local planning policy must not be less than a period of 21 days commencing on the day on which the notice of the policy is published under subclause (1)(a).

(3)     After the expiry of the period within which submissions may be made, the local government must —

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

(b) resolve to —

(i) proceed with the policy without modification; or

(ii) proceed with the policy with modification; or

(iii) not to proceed with the policy.

(4)     If the local government resolves to proceed with the policy, the local government must publish notice of the policy in a newspaper circulating in the Scheme area.

(5)     A policy has effect on publication of a notice under subclause (4). (6) The local government —

(a) must ensure that an up-to-date copy of each local planning policy made under this Scheme is kept and made available for public inspection during business hours at the offices of the local government; and

(b) may publish a copy of each of those local planning policies on the website of the local government.

 

67.     Matters to be considered by local government

 

In considering an application for development approval the local government is to have due regard to the following matters to the extent that, in the opinion of the local government, those matters are relevant to the development the subject of the application —

 

(c)       any approved State planning policy;

(q)       the suitability of the land for the development taking into account the possible risk of flooding, tidal inundation, subsidence, landslip, bush fire, soil erosion, land  degradation or any other risk;

(r)        the suitability of the land for the development taking into account the possible risk to human health or safety

 

POLICY IMPLICATIONS

 

State Coastal Planning Policy 2.6 (WAPC, 2006)

Coastal Hazard Risk Management and Adaptation Planning Guidelines (WAPC, 2014)

 

FINANCIAL IMPLICATIONS

 

Nil

 

RISK

 

The preparation of draft Coastal Planning Policy demonstrates that the Shire has considered the ongoing risk of coastal hazards and has taken the necessary action to implement development controls to address this risk.

 

In the event that no action is taken, there is a risk of future liability claims against the Shire, as the risks are not unforeseen (they are based on the best available information at the time) and are not insignificant. It is considered that the draft Coastal Planning Policy satisfies the Shire’s duty of care to address coastal risk. 

 

STRATEGIC IMPLICATIONS  

 

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

 

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

 

A built environment that reflects tropical climate design principles and

 

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

 

A preserved, historical and cultural heritage of Broome

 

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

 

Affordable land for residential, industrial, commercial and community use

 

Key economic development strategies for the Shire which are aligned to regional outcomes working through recognised planning and development groups/committees

 

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

 

Effective community engagement

 

Improved systems, processes and compliance

 

 

VOTING REQUIREMENTS

Simple Majority

 

REPORT RECOMMENDATION:

That Council:

1.   Pursuant to Clause 4 (3) of Schedule 2 (Deemed Provisions for Local Planning Schemes) in the Planning and Development (Local Planning Schemes) Regulations 2015 resolve to proceed with the policy with modifications as shown in Attachment No 1.

2.   Pursuant to Clause 4 (4) of Schedule 2 (Deemed Provisions for Local Planning Schemes) in the Planning and Development (Local Planning Schemes) Regulations 2015 resolve to publish notice of the policy in a newspaper circulating in the Scheme area.

 

 

Attachments

1.

Draft Coastal Planning Policy

2.

Schedule of Submissions

  


Item 9.2.5 - ADOPTION OF COASTAL PLANNING POLICY

 

 

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Item 9.2.5 - ADOPTION OF COASTAL PLANNING POLICY

 

 

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Agenda – Ordinary Meeting of Council 28 February 2019                                                                                  Page 0 of 1

This item and any attachments are confidential in accordance with Section 5.23(2) of the Local Government Act 1995 section 5.23(2)((e)(i)) as it contains “a matter that if disclosed, would reveal a trade secret, where the trade secret is held by, or is about, a person other than the local government”, and section 5.23(2)((e)(ii)) as it contains “a matter that if disclosed, would reveal information that has a commercial value to a person, where the information is held by, or is about, a person other than the local government”, and 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”.

9.2.6      2019 Singapore Flight Trial - Request for Funding

LOCATION/ADDRESS:                             Various

APPLICANT:                                              Australia's North West

FILE:                                                           EDP11

AUTHOR:                                                   Manager Community and Economic Development

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                           Acting Director Development and Community

DISCLOSURE OF INTEREST:                      Nil

DATE OF REPORT:                                    19 February 2019

 

SUMMARY:         The Shire of Broome has received correspondence requesting support for a second trial of flights during 2019 from Singapore to the Broome International Airport to further explore the potential and viability for the development of regular flights between the two locations into the future.

 

  


 

9.3

 

Our Prosperity

 

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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 28 February 2019                                                                                  Page 0 of 1

 

9.3.1      UPDATE ON BROOME SAFE BOAT HARBOUR AND COMMUNITY ENGAGEMENT PLAN

LOCATION/ADDRESS:                             Nil

APPLICANT:                                              Nil

FILE:                                                           CTE33

AUTHOR:                                                   Special Projects Coordinator

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                           Chief Executive Officer

DISCLOSURE OF INTEREST:                      Nil

DATE OF REPORT:                                    26 November 2018

 

SUMMARY: This report seeks to provide Council with an update on the progress made to date by the Broome Boat Harbour Advisory Group on the Safe Boat Harbour Project. The report also seeks endorsement from Council on the direction the Safe Boat Harbour Project is heading and requests Council to endorse a Community Engagement Plan for the project.

 

 

BACKGROUND

 

Previous Considerations

 

OMC 19 December 2013                 Item 12.2

 

In 2010 the State Government committed approximately $55M towards a small boating facility in Broome. Following a $2.8M spend on planning, design and research, the State Government pulled the balance of allocated funding and cancelled the project. At the OMC held 19 December 2013, Council resolved the following in response:

 

COUNCIL RESOLUTION:

Moved: Cr J Bloom                                              Seconded: Cr C Mitchell

That Council:

1.   Writes to the Minister for Transport and Treasury requesting a meeting to discuss the reconsideration of the Small Boating Facility for Broome in the 2014/2015 State Government Budget due to concerns for community safety and wellbeing.

1.1. Council authorises the delegation to comprise the President, Deputy President, Chief Executive Officer and members of the Broome Port Authority and Broome Fishing Club.

 

2.   Requests the Chief Executive Officer to form a CEO Advisory Group comprising Broome Fishing Club, Broome Port Authority and other stakeholders as determined by the Chief Executive Officer to consider interim options for upgrades to facilities at Gantheaume and the Broome Port Authorities land at Entrance Point.

 

3.   Writes to the Minister for Regional Development requesting a meeting to discuss Royalty for Regions funding to implement interim upgrades at Entrance Point and Gantheaume.

3.1. Council authorises the delegation to comprise the President, Deputy President, Chief Executive Officer and members of the Broome Port Authority and Broome Fishing Club.

 

4.   The Chief Executive Officer develops an implementation policy for Capital projects considering Aboriginal Heritage and local planning requirements for Council’s consideration.

 

CARRIED UNANIMOUSLY 9/0

 

Following this resolution, the CEO Advisory Group was established and subsequently prioritised some interim boating facility upgrades across Broome. These priorities have helped inform a subsequent election promise by the now Labour State Government for upgrades at Entrance Point and Town Beach. Further to this work, the Broome Boat Harbour Advisory Group (BBHAG) was established in July 2016 through the Department of Transport (DoT). The following table outlines the key project milestones and focuses on actions undertaken by the BBHAG since its inception and project milestones achieved.

 

Date

Description

Jul 2016

Broome Boat Harbour Advisory Group (BBHAG) established to investigate new safe boat harbor locations and review other proposals for marine developments

Aug 2016

Short list of six options presented to BBHAG by Department of Transport

Sep 2016

Meeting held between Shire of Broome, LandCorp, Kimberley Development Commission and Nyamba Buru Yawuru (NBY) where four potential sites were determined

Oct 2016

BBHAG agrees a desktop study focusing on two potential sites (West Roebuck Bay and Entrance Point) to be undertaken

Dec 2016

Department of Transport presents comparison concepts to BBHAG for West Roebuck and Entrance Point options

Jan 2017

Site Heritage Survey undertaken by Consultant Deep Woods

Conditional Heritage Clearance Granted and in- principal support provided for ‘Option C West’ by NBY and to be taken to PBC Board for endorsement.

Feb 2017

Option E presented by Department of Transport to BBHAG

Options Matrix presented, with focus on both recreational boating and servicing commercial boating (naval, customs, oil and gas)

In principal agreement from BBHAG on this option

Awaiting Yawuru PBC Board approval in March 2017

Aug 2017

Floating pontoons discussed amongst BBHAG

Sep 2017

$1million committed by State Government for Business Case and Technical Investigations.

Jan 2018

Meeting held with Dinosaur Coast Management Group regarding Dinosaur Footprints in Reddell/Entrance Point area.

May 2018

BHHAG Terms of Reference and Membership revised with aims of project to now return to key focus on recreational boating.

Project Plan, Options Matrix and Concept Plan presented to BBHAG

Feedback sent to DoT who will revise plans prior to 7 August meeting

Broome Marina Limited presented Marina concept to BBHAG

Kimberley Marine Support Base (KMSB) Proposal launched

Jun 2018

Meeting with Department of Environment and Energy (DEE) held with Shire of Broome and Department of Transport to discuss environmental impacts and referral process for Reddel Beach Site.

Based on National Heritage Values identified by Dinosaur Coast Management Group, The University of Queensland (UQ) engaged to undertake Dinosaur Trackway Field Studies survey from Reddell Point to Broome Port slipway.

Jul 2018

Dinosaur Trackway Field Study undertaken by UQ 15 to 18 July 2018

Aug 2018

Town planning, Environmental referrals, Dinosaur Trackway Field Study and design update given to BBHAG

Community Engagement Plan discussed with BBHAG

BBHAG agree Broome Marina Ltd. and Safe Boat Harbour are separate projects

KMSB Proposal presentation and discussion between SoB, DoT and KMSB

Sep 2018

Draft Dinosaur Trackway Report received

Oct 2018

Final Dinosaur Trackway Report received

Nov 2018

Dinosaur Trackway Report presented to BBHAG. Safe Boat Harbour deemed to have direct impacts to Dinosaur Trackways from construction activity and potential impacts from changes to marine processes (not quantified). The report found concluded that if referred to DEE, impact on Dinosaur Trackways would likely trigger a fatal flaw, based on National Heritage Values protected under the Environment Protection and Biodiversity Conservation (EPBC) Act 1999

BBHAG endorsed move away from Reddell Beach Concept

BBHAG endorsed investigating further design and co-location opportunities with KSMB

BBHAG endorsed development of Community Engagement Plan

Dec 2018

Desktop Heritage Survey undertaken by Nyamba Buru Yawuru Officers, recommending on site survey and Site Avoidance Assessment is undertaken by Heritage Archaeologist at site adjacent to KMSB site.

Feb 2019

Community Engagement Plan presented and endorsed by BBHAG

BBHAG endorse ‘co location’ proposal with KMSB at new site

 

COMMENT

 

This report seeks to inform Council on the Safe Boat Harbour Project, including an outline of the project, an outline of the Broome Boat Harbour Advisory Group, a summary of the Dinosaur Trackways Field Investigations and Report process and a briefing on the proposed co-location of Safe Boating Facilities with KMSB.

 

Safe Boat Harbour Project Outline

 

The Safe Boat Harbour Project seeks to develop a Business Case for a community infrastructure facility allowing safe all tide access to launch recreational marine vessels in Broome. The project has been funded $1M through Royalties for Regions for the development of a business case and technical investigations that will be used to seek further funding for the construction of the proposed development. The project is a partnership between the Shire of Broome and the Department of Transport. The Shire of Broome are responsible for managing community engagement and communication for the project, which includes administering the Broome Boat Harbour Advisory Group (BBHAG). The Department of Transport is responsible for technical investigations, facility design and business case development.

 

Broome Boat Harbour Advisory Group

 

The Broome Boat Harbour Advisory Group was established in July 2016. The general charter of the Advisory Group is to provide advice on the requirements for, and to assist the Department of Transport with the planning for the development of a regional boat harbour (or facilities) that can best meet the local boat launching, mooring and servicing requirements of the Broome boating fleet and community consistent with the current State government’s election commitment and funding of $1M over two years. The role of the BBHAG is as follows:

·    Scope boating infrastructure requirements

·    Identify and assess potential sites

·    Provide advice on communication with business, government, residents and special interest groups

·    Provide advice on appropriate strategies for management of any concerns identified

·    Assist DoT in the development of a business plan for a proposed site for the development of the Boat Harbour

 

Membership is made up of the following representatives of key stakeholder organisations that have statutory and or strategic interest in the project to participate including:

·    Shire of Broome (3 including Chair and 1 Observer)

·    Nyamba Buru Yawuru Ltd (1)

·    Kimberley Port Authority (1)

·    Department of Transport (2)

·    Community representation from the Broome Fishing Club (1)

·    Community representation from Marine Charter Industry (1)

·    Kimberley Development Commission (Observer)

 

The Terms of Reference (ToR) was revised in May 2018 following the recommencement of the project and is included as Attachment 1. The ToR state that the BBHAG will meet every two months, however the group have met on the following occasions in 2018/19:

·    7 May 2018

·    7 August 2018

·    12 November 2018

·    11 February 2019.

 

Minutes from these meetings have been provided to Council via the Councillor Information Bulletin and project updates have been provided at Council workshops. The following BBHAG meeting dates have also been set for the reminder of 2019:

·    8 April 2019

·    10 June 2019

·    12 August 2019

·    14 October 2019

·    9 December 2019.

 

The following actions and resolutions have been taken from BBHAG Meeting Minutes held on 12 November 2018 and February 11 2019. These can be found as Attachment 2 and inform the considerations required from Council:

 

9 December 2018

·    BBHAG endorsed moving away from the existing Reddell Beach site.

·    BBHAG endorsed investigating further design and co-location opportunities with KSMB.

 

11 February 2019

·    The BBHAG endorsed the Dinosaur Trackways Report undertaken by UQ.

·    The BBHAG endorsed proceeding with co-located site with KMSB.

·    The BHAG endorsed the Safe Boat Harbour Community Engagement Plan.

 

The actions and resolutions above provide a basis for the considerations below regarding Dinosaur Trackways Studies, co- location of Safe Boat Harbour facilities with KMSB and the adoption of the CEP.

 

Dinosaur Trackways Field Investigations and Report

 

Following initial project planning, the project team recognised the need to undertake fatal flaw assessments to de-risk the Business Case process. Through this inquiry, the Project Team established that the site location was within the federally protected (EPBC Act 1999) West Kimberley Environmental Protection Area based on the dinosaur trackways that exist within the Broome Sandstone. This legislation demands all development to undertake a referral process to the Department of Environment and Energy (DEE). As a result, the Project Team established that field studies to explore the impact that the Safe Boat Harbour would pose on the Dinosaur Trackways surrounding the Reddell Point site would need to take place. The project team proactively sought the guidance of the Dinosaur Coast Management Group who provided invaluable contacts and information to progress the fatal flaw assessment. University of Queensland (UQ) Dinosaur Lab Team Doctors Steve Salisbury and Dr Anthony Romillo visited Broome in between 12 – 19 July 2018 to undertake Field Studies between Reddell Point and the slipway. The UQ team were also engaged to prepare a report on dinosaur track findings and potential impacts of the safe boat harbor on trackways.

 

The report found a significant distribution of dinosaur trackways throughout the intertidal zone. Four main ‘horizons’ were found containing extensive (>500) Sauropod, Therapod and Ornithopod tracks. The report found that the Safe Boat Harbour would have direct impact on dinosaur trackways from construction activity and potential impacts from changes to marine processes (not quantified). The report concluded that the project would likely reach a fatal flaw if referred to DEE based on National Heritage Values protected under the EPBC Act 1999. The report Attachment 3 was presented to the BBHAG 9 December meeting where the BBHAG endorsed moving away from the Reddell Point site and investigate other site options for the project.

 

It should be noted that the findings of this report are an exciting and unique opportunity for Broome. At the 13 December 2019 OMC, Council adopted a revised Corporate Business Plan including a project for a feasibility study to investigate a Dinosaur Trackway Interpretive Centre/ Trail.

 

Co Location of Boating Facilities with KMSB

 

The BBAHG advisory group are acutely aware of other marine infrastructure ventures within Broome and have been briefed on several occasions by the KMSB project team. Following the findings of the Dinosaur Trackways Report, the project team have undertaken initial investigations into co locating safe boating facilities with the KMSB project. This proposition will offer synergies in project outcomes, may offer financial benefits for both projects by sharing resources and infrastructure and will minimise shoreline disturbance benefiting the people and environment of Broome.

 

Based on the findings of the Dinosaur Trackways Report and the opportunity to co- locate Safe Boat Harbour Project facilities with the KMSB Proposal, it is recommended that Council endorse moving away from the Reddell Beach Site and endorse investigating further design and co-location opportunities with KMSB Pty. Ltd.

 

Proposed Community Engagement Plan 

 

Officers have prepared a Community Engagement Plan (CE Plan) for Council’s consideration setting out how the community will be involved in the Safe Boat Harbour Project. The CE Plan is included as Attachment 4 to this report. The attached CE Plan sets the Level of Engagement for this project as “Collaborate” and proposes the following engagement tools to be used throughout the Safe Boat Harbour Business Case Project:

 

Targeted Communication

1.   Stakeholder Meetings

·    Ongoing BBHAG Meetings.

·    Individual stakeholder meetings as required.

 

Broad Communication

1.   Information Sessions

·    ‘Meet and Greet’ - information session at Broome Fishing Club, launching public display boards that will remain erected for duration of project.

·    ‘Question Time‘- Focused engagement sessions to target fishing community, including during fishing competitions and at fishing clinics.

 

2.   Information Displays

·    Public Displays in Shire Administration Office, Library, Fishing Stores and Boulevard Shopping Centre.

·    Public Displays at key Shire events, including Australia Day, Chinatown Christmas Party and any other events that fall within project period.

·    Project signage at Entrance Point boat ramp.

 

3.   Advertising – Print Media

·    Shire News and formal notices in the Broome Advertiser.

·    Advertorial in key industry magazines or Recfishwest broadcasts.

 

4.   Other

·    Quarterly fact sheet for general public Shire of Broome website updates.

·    Social Media presence.

·    Questionnaire.

 

It is considered that this process will meet the consultation requirements for the design of such a facility and the associated Business Case. Based on the above, it is recommended that Council endorse the Safe Boat Harbour Project Community Engagement Plan to ensure strategic engagement and proactive communication with the broader community on this highly sought-after community infrastructure project.

 

CONSULTATION

 

To date, the Safe Boat Harbour Project has had formal consultation with the BBHAG. The Dinosaur Coast Management Group has also been engaged in an ad- hoc fashion relating to Dinosaur Trackway Field Studies. The CE Plan outlines a strategy for ongoing community consultation for the project.

STATUTORY ENVIRONMENT

 

Nil

 

POLICY IMPLICATIONS

 

3.4.6 Community Engagement

 

FINANCIAL IMPLICATIONS

 

The development of the Business Case for the Safe Boat Harbour Project is fully funded by the Department of Transport’s Royalties for Regions Grant. The Department of Transport are the beneficiary and fund holder for the project. The cost to develop and implement the CE Plan has been estimated at $24,500 ex GST. Any costs incurred to develop the CE Plan will be covered by the project grant.

 

STRATEGIC IMPLICATIONS  

 

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

 

Effective communication

Participation in recreational and leisure activity

 

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 tropical climate design principles

 

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

Key economic development strategies for the Shire which are aligned to regional outcomes working through recognised planning and development groups/committees

 

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

 

Effective community engagement

 

 

VOTING REQUIREMENTS

Simple Majority

 

REPORT RECOMMENDATION:

That Council:  

1.       Notes the progress achieved to date in the delivery of the Safe Boat Harbour Project as outlined in this report;

2.       Notes and endorses the Terms of Reference for the Broome Boat Harbour Advisory Group as set out in Attachment 1;

3.       Requests the Chief Executive Officer to provide six monthly updates on the progress of the Safe Boat Harbour Project henceforth;

4.       Endorses the direction to move away from Reddell Beach Concept based on the findings of the Dinosaur Trackways Field Studies Report as set out in Attachment 3;

5.       Endorses investigating further design and co-location opportunities with Kimberley Marine Support Base Pty. Ltd.

6.       Endorses the Community Engagement Plan for the Safe Boat Harbour Project as set out in Attachment 4; and

7.       Authorises the Chief Executive Officer to make minor changes to the plan as required during implementation. 

 

Attachments

1.

BBHAG Terms of Reference

2.

BBHAG Minutes Nov 18, Feb 19

3.

Dinosaur Trackways Report

4.

Safe Boat Harbour Community Engagement Plan

  


Item 9.3.1 - UPDATE ON BROOME SAFE BOAT HARBOUR AND COMMUNITY ENGAGEMENT PLAN

 

 

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9.4

 

Our Organisation

 

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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 28 February 2019                                                                                  Page 0 of 1

 

9.4.1      ANNUAL ELECTORS MEETING HELD 13 DECEMBER 2018

LOCATION/ADDRESS:                             Nil

APPLICANT:                                              Nil

FILE:                                                           AME02

AUTHOR:                                                   Senior Procurement, Risk & Governance Officer

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                           Director Corporate Services

DISCLOSURE OF INTEREST:                      Nil

DATE OF REPORT:                                    17 December 2018

 

SUMMARY:         The purpose of this report is to present to Council the Minutes of the Annual Electors Meeting held 13 December 2018.

 

 

BACKGROUND

 

Previous Considerations

 

Nil.

 

COMMENT

 

Pursuant to section 5.27 of the Local Government Act 1995, the Annual Electors Meeting was held on Thursday 13 December 2018 commencing at 4.00pm.

 

The Shire President’s Report and the Annual Report for the financial year 1 July 2017 to 30 June 2018 were received, and there were no further decisions made. The Minutes of that meeting are contained in Attachment 1.

 

CONSULTATION

 

The Annual Electors Meeting was advertised in the Broome Advertiser on the 6 December 2018, Shire News November and December editions. Notices were also placed on the Shire Administration Building and Library notice boards and on the Shire’s website.

 

STATUTORY ENVIRONMENT

 

Local Government Act 1995

 

5.27      Electors’ general meetings

(1)          A general meeting of the electors of a district is to be held once every financial year.

(2)          A general meeting is to be held on a day selected by the local government but not more than 56 days after the local government accepts the annual report for the previous financial year.

(3)          The matters to be discussed at general electors’ meetings are to be those prescribed.

 

5.33.     Decisions made at electors’ meetings

(1)          All decisions made at an electors’ meeting are to be considered at the next ordinary council meeting or, if that is not practicable —

              (a)       at the first ordinary council meeting after that meeting; or

              (b)       at a special meeting called for that purpose,

               whichever happens first.

(2)          If at a meeting of the council a local government makes a decision in response to a decision made at an electors’ meeting, the reasons for the decision are to be recorded in the minutes of the council meeting.

 

Local Government Administration Regulations 1996

 

15.        Matters to be discussed at general meeting (Act s. 5.27(3))

For the purposes of section 5.27(3), the matters to be discussed at a general electors’ meeting are, firstly, the contents of the annual report for the previous financial year and then any other general business.

 

POLICY IMPLICATIONS

 

Nil

 

FINANCIAL IMPLICATIONS

 

Nil

 

RISK

 

Section 5.33 of the Local Government Act 1995 requires that all decisions made at an electors’ meeting are to be considered at the next ordinary council meeting or, if that is not practicable at the first ordinary council meeting after that meeting, or at a special meeting called for that purpose.

 

As the Annual Electors Meeting was held on the 13 December 2018 legislative compliance has been met.

 

STRATEGIC IMPLICATIONS  

 

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

 

Effective communication

 

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

 

Effective community engagement

 

 

VOTING REQUIREMENTS

Simple Majority

 

REPORT RECOMMENDATION:

That Council notes that the Shire President’s Report and the Annual Report for the financial year ended 30 June 2018 were received, and that there were no further decisions made at the Annual Electors Meeting held 13 December 2018.

 

Attachments

1.

Minutes - Annual Electors Meeting held 13 December 2018

  


Item 9.4.1 - ANNUAL ELECTORS MEETING HELD 13 DECEMBER 2018

 

 

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Agenda – Ordinary Meeting of Council 28 February 2019                                                                                  Page 0 of 1

 

9.4.2      LOCAL GOVERNMENT ELECTIONS 2019

LOCATION/ADDRESS:                             Nil

APPLICANT:                                              Nil

FILE:                                                           GOE04

AUTHOR:                                                   Senior Procurement, Risk & Governance Officer

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                           Director Corporate Services

DISCLOSURE OF INTEREST:                      Nil

DATE OF REPORT:                                    8 February 2019

 

SUMMARY:         This report has been prepared to advise Council of estimated costs associated with the Western Australian Electoral Commission (WAEC) conducting the 2019 Local Government Ordinary Election as an ‘In Person’ election and recommends that the WAEC conduct the 2019 Ordinary Election on behalf of the Shire of Broome as an ‘In Person’ election.

 

 

BACKGROUND

 

Previous Considerations

 

Nil.

 

The Chief Executive Officer of a local authority is responsible for the conduct of local government elections unless arrangements are made in accordance with section 4.20 of the Local Government Act 1995 (the Act) to appoint another person.  This appointment must occur at least 80 days prior to election day.

 

Section 4.61(1) of the Act provides for an election to be conducted as a:

 

·        postal election which is an election at which the method of casting votes is by posting or delivering them to an electoral officer on or before election day; or

·        voting in person election which is an election at which the principal method of casting votes is by voting in person on election day but at which votes can also be cast in person before election day, or posted or delivered, in accordance with regulations.

 

The current system for voting in the Shire of Broome Local Government elections is in person, whereby voters attend the Shire of Broome Offices on election day to cast their vote. In person elections also provide electors with the option of casting an early vote at the Shire of Broome Administration office prior to election day.  Early voting is also conducted at Bidyadanga (La Grange), Beagle Bay, Lombadina, Djarindjin and Ardyaloon (One Arm Point) on advertised days.  An In Person election still enables electors to choose to submit their vote via post if this is their preferred voting method.

 

A postal election would involve ALL electors on the Shire of Broome electoral roll receiving a voting pack from the WAEC via post.  Electors would then be required to either post or deliver their vote to an electoral officer on or before election day. 

 

 

A number of local governments undertake postal elections and this option was investigated in detail in 2013, with community consultation undertaken through manned displays, information in the Shire Newsletter and press releases. 60% of respondents were in favour of In Person local government elections along with the communities of Bidyadanga (La Grange), Djarindjin and Lombadina. Ardyaloon (One Arm Point) advised of an inconclusive response.  At the time Beagle Bay did not have a Community Council and no response was received.

 

Based on the 2013 results it is again recommended that the 2019 Shire of Broome Local Government Ordinary Election be conducted as an In Person election.

 

The WAEC have conducted all Shire of Broome Ordinary Elections since 2009 as In Person elections.  Prior to this the elections were conducted in house by Shire Officers as In Person elections. Voter turnout for the last five Shire of Broome in person elections is as follows:

 

Ward

2017

2015

2013

2011

2009

Broome

24.48%

26.3%

34.44%

44.03%

33.44%

Dampier

Elected unopposed

21.62%

27.38%

25.53%

22.17%

 

COMMENT

 

The next local government ordinary election is scheduled to be held on Saturday 19 October 2019 with five of the nine offices of members to be contested.  Offices of Council up for election at this time consist of:

 

                   Broome Ward             4 Councillors (4 year terms)

                   Dampier Ward            1 Councillor (4 year term)

 

On 19 October 2018 the Electoral Commissioner wrote to the Shire of Broome providing an estimated cost for the WAEC to conduct a voting in person election on behalf of the Shire of Broome for the 2019 Ordinary Election on 19 October 2019. 

 

The estimated cost is $34,000 including GST.  This is based on the following assumptions:

·    8,700 electors

·    Response rate of approximately 30%

·    5 vacancies

·    The count being conducted at the offices of the Shire of Broome

·    The appointment of a local Returning Officer (RO).

 

Costs not incorporated in the estimate are:

·    Non-statutory advertising (i.e. additional advertisements in community newspapers and promotional advertising)

·    Any legal expenses other than those that are determined to be borne by the WAEC in a Court of Disputed Returns.

 

A further estimate was sought from the WAEC to provide an external RO. If the Shire can supply accommodation for an external RO, the cost will be $3,000 or alternatively $6,000 if accommodation is required as extra. These figures cover both the nomination period and election period (including remote early voting during the week preceding election day). 

In accordance with section 4.23 of the Act the functions of an RO are:

·    to appoint places for the casting of votes, places for the delivery of postal votes and places for the counting of votes for elections (within or outside the district); and

·    to appoint other electoral officers to assist in the conduct of elections; and

·    to ensure that the necessary preparations are made for the conduct of elections; and

·    to do anything which the RO is authorised or required to do under this Act or which is necessary or expedient in order to ensure that elections are conducted in accordance with this Act; and

·    in the case of a RO appointed under section 4.20(4), to do other things if directed to do so by the Electoral Commissioner.

 

The Commission is required by the Act to conduct local government elections on a full cost recovery basis.  Final costs may vary depending on a range of factors including the cost of materials or number of replies received.  The basis for charges is all materials at cost and a margin on Commission staff time only.  Should a significant change become evident prior to or during the election, the Shire will be advised as early as possible.

 

Officers consider that due to perceived political and personal influence that an external Responsible Officer is engaged through the WAEC. This will provide increased assurance to candidates and the community that the election is undertaken in an open and transparent manner.

 

Should the Council decide to proceed with either option outlined above, the current procedure required by the Act is that written agreement from the Electoral Commissioner has to be obtained before the vote is taken.  To facilitate the process, the letter from the Electoral Commissioner dated 19 October 2018 can be taken as the Commissioner’s agreement to be responsible for the conduct of the ordinary election in 2019 for the Shire of Broome in accordance with section 4.20(4) of the Act, together with any other elections or polls that may also be required.

 

Shire officers are still required to undertake a number of administration duties including but not limited to processing Owner/Occupier roll applications and maintaining relevant registers. 

 

CONSULTATION

 

Western Australian Electoral Commission.

 

STATUTORY ENVIRONMENT

4.20.       CEO to be returning officer unless other arrangements made

      (1)     Subject to this section the CEO is the returning officer of a local government for each election.

      (2)     A local government may, having first obtained the written agreement of the person concerned and the written approval of the Electoral Commissioner, appoint* a person other than the CEO to be the returning officer of the local government for —

                 (a)     an election; or

                 (b)     all elections held while the appointment of the person subsists.

               * Absolute majority required.

      (3)     An appointment under subsection (2) —

                 (a)     is to specify the term of the person’s appointment; and

                 (b)     has no effect if it is made after the 80th day before an election day.

      (4)     A local government may, having first obtained the written agreement of the Electoral Commissioner, declare* the Electoral Commissioner to be responsible for the conduct of an election, or all elections conducted within a particular period of time, and, if such a declaration is made, the Electoral Commissioner is to appoint a person to be the returning officer of the local government for the election or elections.

               * Absolute majority required.

      (5)     A declaration under subsection (4) has no effect if it is made after the 80th day before election day unless a declaration has already been made in respect of an election for the local government and the declaration is in respect of an additional election for the same local government.

      (6)     A declaration made under subsection (4) on or before the 80th day before election day cannot be rescinded after that 80th day.

               [Section 4.20 amended by No. 64 of 1998 s. 19(1); No. 49 of 2004 s. 16(4) and 32(1)‑(4).]

 

4.21.       Deputy returning officers

      (1)     A returning officer appointed under section 4.20(1) or (2) is to appoint one or more deputy returning officers.

      (2)     If the returning officer is appointed under section 4.20(4), the Electoral Commissioner is to appoint one or more deputy returning officers.

 

4.22.       Returning officer to conduct elections

      (1)     An election is to be conducted by the returning officer of the local government for that election.

      (2)     In the case of a returning officer appointed under section 4.20(4), the returning officer is to conduct the election for and under the direction of the Electoral Commissioner.

      (3)     If the returning officer is absent or cannot perform his or her functions a deputy returning officer is to perform the returning officer’s functions.

 

4.23.       Returning officer’s functions

               The returning officer’s functions are — 

                 (a)     to appoint places for the casting of votes, places for the delivery of postal votes and places for the counting of votes for elections (within or outside the district); and

                 (b)     to appoint other electoral officers to assist in the conduct of elections; and

                 (c)     to ensure that the necessary preparations are made for the conduct of elections; and

                 (d)     to do anything which the returning officer is authorised or required to do under this Act or which is necessary or expedient in order to ensure that elections are conducted in accordance with this Act; and

                 (e)     in the case of a returning officer appointed under section 4.20(4), to do other things if directed to do so by the Electoral Commissioner.

 

4.24.       Electoral Commissioner’s functions

               The Electoral Commissioner’s functions under this Act are to do anything which the Electoral Commissioner is authorised or required to do under this Act and, where the Electoral Commissioner is responsible for the conduct of the election, to do anything which is necessary or expedient for the proper and efficient conduct of the election.

 

4.28.       Fees and expenses

               A local government is to — 

                 (a)     pay fees to the electoral officers, in accordance with regulations, for conducting an election; and

                 (b)     meet expenses incurred by the electoral officers in connection with an election; and

                 (c)     if a declaration under section 4.20(4) has been made in relation to the election, meet the expenses of the Electoral Commissioner in connection with the election to the extent required by regulations.

4.61.       Choice of methods of conducting election

      (1)     The election can be conducted as a — 

               postal election which is an election at which the method of casting votes is by posting or delivering them to an electoral officer on or before election day; or

               voting in person election which is an election at which the principal method of casting votes is by voting in person on election day but at which votes can also be cast in person before election day, or posted or delivered, in accordance with regulations.

      (2)     The local government may decide* to conduct the election as a postal election.

               * Absolute majority required.

      (3)     A decision under subsection (2) has no effect if it is made after the 80th day before election day unless a declaration has already been made in respect of an election for the local government and the declaration is in respect of an additional election for the same local government.

 

POLICY IMPLICATIONS

 

1.4.2 – Local Government Elections - Promotions

 

FINANCIAL IMPLICATIONS

 

If Council endorses the Report Recommendation, an amount of $40,000 (incl. GST) will be allocated in the 2019/20 budget (GL 24040) for the WAEC to conduct the Shire of Broome 2019 Ordinary Election as an In Person election.  It should be noted that this figure is based on the estimate provided by the WAEC and includes the provision of an external Returning Officer.

 

Not included in the estimate are non-statutory advertising, any legal expenses other than those that are determined to be borne by the WAEC in a Court of Disputed Returns and one local government staff member to work in the polling place on election day.

 

RISK

 

When written agreement from the Electoral Commissioner has previously been obtained, section 4.20(4) of the Local Government Act 1995 provides for a local government to declare the Electoral Commissioner to be responsible for the conduct of an election.  As the agreement was received from the Electoral Commissioner in a letter dated 19 October 2018 legislative compliance has been met.

 

Elections conducted by the WAEC utilise their resources and expertise in conducting elections and also ensure the impartiality of the election process.

 

STRATEGIC IMPLICATIONS  

 

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

 

Affordable services and initiatives to satisfy community need

 

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

 

Effective community engagement

 

Improved systems, processes and compliance

 

 

VOTING REQUIREMENTS

Absolute Majority

 

REPORT RECOMMENDATION:

That Council:  

1.       Declare, in accordance with section 4.20(4) of the Local Government Act 1995, the Electoral Commissioner to be responsible for the conduct of the 2019 Ordinary Election together with any other elections or polls which may also be required;

2.       Determines the Shire of Broome 2019 Ordinary Election be conducted as a voting In Person election as defined in section 4.61(1) of the Local Government Act 1995; and

3.       Requests the Chief Executive Officer to make appropriate allocations for election expenses in the 2019/20 budget.

                                                                                     (Absolute Majority Required)

 

Attachments

Nil


Agenda – Ordinary Meeting of Council 28 February 2019                                                                                  Page 0 of 1

 

9.4.3      LOCAL GOVERNMENT ACT REVIEW - WALGA SUBMISSION

LOCATION/ADDRESS:                             Nil

APPLICANT:                                              Nil

FILE:                                                           ACT03

AUTHOR:                                                   Senior Administration and Governance Officer

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                           Director Corporate Services

DISCLOSURE OF INTEREST:                      Nil

DATE OF REPORT:                                    13 February 2019

 

SUMMARY: For Council to endorse the Shire’s submission to WALGA in response to their Advocacy Positions on the Department of Local Government, Sport and Cultural Industries (DLGSC) Local Government Act Review.

 

 

BACKGROUND

 

OMC 13 February 2018                     Item 9.4.6

On 20 June 2017, the State Government announced that a review of the Local Government Act 1995 (the Act) would be undertaken. The McGowan Government decided to progress this review and DLGSC commenced public consultation in November 2017.

The review is being undertaken in two phases and is supported by a reference group with representation from the Western Australian Local Government Association (WALGA), Local Government Professionals Australia (WA), Western Australian Electoral Commission, Western Australian Council of Social Service, Regional Chamber of Commerce and Industry and the WA Rangers Association.

This is the first major review since the Act was introduced more than 20 years ago. The objective of the review is to introduce changes that will modernise the Act with the intent of reducing red tape and empowering local governments to better deliver for their communities.

During phase 1 of the community consultation process the Shire made a Submission to DLGSC (Phase 1 Submission, attachment 1). It supported the intent of the review placing emphasis on the Act being principles based, focused on outcomes, with powers and responsibilities being addressed in regulations or other guidance material. This would ensure that legislation remains relevant over time and does not restrict its methods of implementation. The phase 1 submission was endorsed by Council at Ordinary Council Meeting, 13 February 2018.

Following phase 1, the State Government announced policy positions on priority reforms sourced from the DLGSCI website; https://www.dlgsc.wa.gov.au/localgovernment/strengthening/Pages/Local-Government-Act-Review-policy-positions.aspx.  The State Governments intent is to introduce legislation prior to the end of the year, an Amendment Bill based on theses priority reforms is currently underway.

Phase 2 of the Local Government Act Review is now open for local government and community comment. This phase focuses on nine key topic areas:

1.   Beneficial enterprises

2.   Financial management

3.   Rates, fees and chargers

4.   Administrative efficiencies – local laws

5.   Council meetings

6.   Interventions

7.   Community engagement – IPR

8.   Complaints management

9.   Elections

These topic areas are outlined in discussion papers sourced from the DLGSC website; https://www.dlgsc.wa.gov.au/localgovernment/strengthening/Pages/LG-Act-Review.aspx

On the 16 November 2018, WALGA wrote to local governments requesting feedback on their State Council Advocacy Positions (attachment 2).

COMMENT

The following process was followed to prepare a draft submission on the WALGA advocacy positions;

1.   Reviewed background information and the Council endorsed phase 1 submission sent to DLGSC.

2.   Feedback sought from Councillors and Shire employees responsible for the Local Government Review topic areas. 

3.   Compiled feedback received through Shire’s consultation period.

4.   Present draft Shire Submission on WALGA Advocacy Positions (attachment 3) to Council with request for endorsement.

Below is a summary of what is included in the Shire’s Draft Submission to WALGA;

WALGA LOCAL GOVERNMENT ACT REVIEW PRINCIPLES

That State Council endorse the following general principles as being fundamental to its response to the review of the Local Government Act:

(a)       Uphold the General Competence Principle currently embodied in the Local Government Act;

(b)    Provide for a flexible, principles-based legislative framework; and

(c)    Promote a size and scale compliance regime.

Shire Response

Supportive - Council endorsed support in the Shire’s Phase 1 Submission to DLGSC, WALGA’s general principles viewed as fundamental in considering changes to the Local Government Act.

1.   Beneficial Enterprises

WALGA Position Statements

‘The Local Government Act 1995 should be amended to enable Local Governments to establish Beneficial Enterprises (formerly known as Council Controlled Organisations)’.

Shire Response

Supportive - The Shire recognises positive opportunities for the local community where managed effectively through legislation. The establishment of Beneficial Enterprises should be decided on by Council vote after prolific community consultation. Criteria should be established to ensure that enterprises are not in competition with existing local businesses.

2.   Financial Management

Tender Threshold

 

‘WALGA supports an increase in the tender threshold to align with the State Government tender threshold of $250 000, with a timeframe of one financial year for individual vendors.’

Shire Response

Supportive – Council endorsed support in the Shire’s Phase 1 Submission to DLGSC. The Phase 1 Submission also supported the proposal to set tender thresholds in Regulations rather than the Act.

Procurement

 

‘That Regulation 30(3) be amended to delete any financial threshold limitation (currently $75,000) on a disposition where it is used exclusively to purchase other property in the course of acquiring goods and services, commonly applied to a trade-in activity’.

Shire Response

Supportive – Council endorsed support for this in the Shire’s Phase 1 Submission to DLGSC.

Power to Borrow: Section 6.20

 

‘That Section 6.20(2) of the Local Government Act, requiring one month’s public notice of the intent to borrow, be deleted’.

Shire Response

Supportive – Council endorsed support for this in the Shire’s Phase 1 Submission to DLGSC. Respondents over the consultation period stressed the burden this places on Shire resources.

Basis of Rates: Section 6.28

 

‘That Section 6.28 be reviewed to examine the limitations of the current methods of valuation of land, Gross Rental Value or Unimproved Value, and explore other alternatives including simplifying and providing consistency in the rating of mining activities’.

Shire Response

Supportive – Council endorsed support for this in the Shire’s Phase 1 Submission to DLGSC.

Basis of Rates: Section 6.28

 

‘That Section 6.28 be reviewed to examine the limitations of the current methods of valuation of land, Gross Rental Value or Unimproved Value, and explore other alternatives including simplifying and providing consistency in the rating of mining activities’.

Shire Response

Supportive – Council endorsed support for this in the Shire’s Phase 1 Submission to DLGSC.

Differential General Rates: Section 6.33

 

That Section 6.33 of the Local Government Act be reviewed in contemplation of time-based differential rating, to encourage development of vacant land.

Shire Response

Supportive – Council endorsed support for this in the Shire’s Phase 1 Submission to DLGSC.

Member Interests – Exemption from AASB 124

 

‘Elected Member obligations to declare interest are sufficiently inclusive that WALGA seeks an amendment to create an exemption under Regulation 4 of the Local Government (Financial Management) Regulations relating to AASB 124 ‘Related Party Transactions’ of the Australian Accounting Standards (AAS)’.

Shire Response

Supportive – Council endorsed support for this in the Shire’s Phase 1 Submission to DLGSC.

3.   Rates, Fees and Charges

Imposition of Fees and Charges: Section 6.16.

 

‘That a review be undertaken to remove fees and charges from legislation and Councils be empowered to set fees and charges for Local Government services’.

Shire Response

Supportive - Council endorsed support for this in the Shire’s Phase 1 Submission to DLGSC. Further comments were made in the Phase 1 Submission regarding improved methodology around the calculation of fees and charges.

Rates Exemptions – Charitable Purposes: Section 6.26(2)(G)

 

‘1. Amend the Local Government Act to clarify that Independent Living Units should only be exempt from rates where they qualify under the Commonwealth Aged Care Act 1997;

2.       Either:

(a)    amend the charitable organisations section of the Local Government Act 1995 to eliminate exemptions for commercial (non-charitable) business activities of charitable organisations; or

(b)    establish a compensatory fund for Local Governments, similar to the pensioner discount provisions, if the State Government believes charitable organisations remain exempt from payment of Local Government rates; and

3. Request that a broad review be conducted into the justification and fairness of all rating exemption categories currently prescribed under Section 6.26 of the Local Government Act’.

Shire Response

Supportive – Council endorsed support for 2(a) and 2(b) in it’s Phase 1 Submission to DLGSC. Clarity around who the exemption applies to was strongly supported by respondents during the Shires consultation period.

Council supports the proposal to amend the Act to clarify exemptions in relation to Independent Living Units.

Rating Exemptions – Rate Equivalency Payments

 

‘Legislation should be amended so rate equivalency payments made by LandCorp and other Government Trading Entities are made to the relevant Local Governments instead of the State Government’.

Shire Response

Supportive – Respondents during the Shire’s consultation period showed unanimous support of compensation being paid to local government for services provided to Government Trading Entities.

Rates of Services Chargers Recoverable in Court: Section 6.56

 

‘That Section 6.56 be amended to clarify that all debt recovery action costs incurred by a Local Government in pursuing recovery of unpaid rates and services charges be recoverable and not be limited by reference to the cost of proceedings’.

Shire Response

Supportive – Council endorsed support for the Shire’s Phase 1 Submission to DLGSC.

Rating Restrictions – State Agreement Acts

 

Resource projects covered by State Agreement Acts should be liable for Local Government rates.

Shire Response

Supportive – Council endorsed support in the Shire’s Phase 1Submission to DLGSC.

4.   Administration Efficiencies – Local Laws

Control of Certain Unvested Facilities: Section 3.53

 

‘WALGA seeks consideration that Section 3.53 be repealed and that responsibility for facilities located on Crown Land return to the State as the appropriate land manager’.

Shire Response

Supportive – Council endorsed support for this in the Shire’s Phase 1 Submission to DLGSC.

Local Government Grants Commission and Local Government Advisory Board.

 

WALGA seeks inclusion of a proposal to allow electors of a Local Government affected by any boundary change or amalgamation proposal entitlement to petition the Minister for a binding poll under Schedule 2.1 of the Local Government Act.

Shire Response

Neutral – Changes of this nature would probably have little impact on the Shire considering the topographical circumstances in our region.

Schedule 2.1 Proposal to the Advisory Board, Number of Electors

 

That Schedule 2.1 Clause 2(1)(d) be amended so that the prescribed number of electors required to put forward a proposal for change increase from ‘250 (or 10% of electors) to 500 (or 10% of electors) whichever is fewer.

Shire Response

Supportive – percentage thresholds provide a more representative indication of community support and translates across local governments of differing sizes.

Schedule 2.2 Proposal to Amend Names, Wards and Representation, Number of Electors

 

‘That Schedule 2.2 Clause 3(1) be amended so that the prescribed number of electors required to put forward a submission increase from 250 (or 10% of electors) to 500 (or 10% of electors) whichever is fewer’.

Shire Response

Supportive – percentage thresholds provide a more representative indication of community support and translates across local governments of differing sizes.

Transferability of Employees Between State & Local Government (Questions 82-84)

 

A General Agreement between State and Local Government should be established to facilitate the transfer of accrued leave entitlements (annual leave, sick leave, superannuation and long service leave) for staff between the two sectors of Government. This will benefit public sector employees and employers by increasing the skills and diversity of the public sector, and lead to improved collaboration between State and Local Government.

Shire Response

Supportive – Council supported the Shire’s Submission to DLGSC, provided consideration is given to potential skill shortages being created through the interchange. The Shire’s Phase 1 Submission also commented that there is potential to extend this initiative throughout local governments in Australia.

Proof in Vehicle Offences May be Shifted: Section 9.13(6)

 

That Section 9.13 of the Local Government Act be amended by introducing the definition of ‘responsible person’ to enable Local Governments to administer and apply effective provisions associated with vehicle related offences.

Shire Response

Supportive – Council endorsed support for this in the Shire’s Phase 1 Submission to DLGSC.  

5.   Council Meetings

Electors’ General Meeting: Section 5.27

 

Section 5.27 of the Local Government Act 1995 should be amended so that Electors’ General Meetings are not compulsory.

Shire Response

Supportive – Council endorsed support for this in the Phase 1 Submission to DLGSC. There is a lack of attendance at Annual Electors Meeting, annual reports can be adopted at Ordinary Meetings of Council, Public Question Time allows electors to ask questions at any Ordinary Meeting.

Special Electors’ Meeting: Section 5.28

 

That Section 5.28(1)(a) be amended: 

(a)    so that the prescribed number of electors required to request a meeting increase from 100 (or 5% of electors) to 500 (or 5% of electors), whichever is fewer; and

(b)    to preclude the calling of Electors’ Special Meeting on the same issue within a 12 month period, unless Council determines otherwise.

Shire Response

Supportive – Council Supported this in the Phase 1 Submission to DLGSC. Comments made during the Shires consultation period were around the necessity of specifying a number when the percentage should suffix.

Minutes, Contents of: Regulation 11

Regulation 11 should be amended to require that information presented in a Council or Committee Agenda must also be included in the Minutes to that meeting.

 

Shire Response

 

Supportive – Respondents during the Shire’s consultation period supported this amendment. Having all the information recorded in the minutes creates transparency. Now that minutes can be recorded and viewed electronically there is reduced printing requirements involved in making these documents accessible. The Shire of Broome already includes all the information from the meeting agenda in its minutes.

 

Revoking or Changing Decisions: Regulation 10

That Regulation 10 be amended to clarify that a revocation or change to a previous decision does not apply to Council decisions that have already been implemented.

Shire Response

Supportive – respondents were unanimously supportive of more clarity around Regulation 10 would be helpful in determining what is considered an implemented decision, especially when legal contracts are also involved or implications when revoking decisions on delegations.

 

Elected Member Attendance at Council Meeting by Technology

 

The current Local Government (Administration) Regulations 1996 allows for attendance by telephone, however only if approved by Council and in a suitable place. A suitable place is then defined as in a townsite as defined in the Land Administration Act 1997. This restricts an Elected Members ability to attend the meeting to a townsite in Western Australia. 

This requirement does not cater for remote locations or the ability to attend via teleconference whilst in another state or overseas. The regulations require amendment to consider allowing attendance at a meeting via technology from any location suitable to a Council.

Shire Response

Supportive – Council supported this in the Shire’s Phase 1 Submission to DLGSC. Further consultation also showed unanimous support from Shire respondents. Other advantages stated were greater participation opportunities for remote communities.

6.   Interventions

Remedial Intervention Powers of Appointed Person; Remedial Action Process

In respect to remedial intervention, the appointed person should be a Departmental employee with the required qualifications and experience. This provides a connection back to the Department and its requirements.

The appointed person should only have an advice and support role. Funding of the remedial action should be by the Department where the intervention is mandatory. The Local Government to pay where the assistance is requested.

 

This area relates to the bigger picture of differentiating between Local Governments based on their size and scale. Suitable arrangements to determine a size and scale compliance regime should be prioritised.

 

The Shire did not comment in it’s phase 1 Submission in relation to any specific proposals but were supportive of the overall objectives. Comments were also made in the Shire’s phase 1 Submission requesting the Department to shift their focus from policing local government compliance to prevention of breaches through local government capacity building.

 

Shire Response

Council did not have any specific comments in relation to proposals but were supportive of the overarching objective that a scale of remedial actions is need, as stated in the Shire’s Submission to DLGSC.

7.   Community engagement – IPR

No WALGA Advocacy Positions.

8.   Complaints Management

Querulous, Vexatious and Frivolous Complaints

 

The Complaints Management commentary contemplates the issue up to the point of unresolved complaints and then references the Ombudsman resources with regard to unreasonable complainants. WALGA seeks inclusion of commentary and questions relating to Local Governments adopting within their proposed complaints management framework, the capacity to permit a Local Government to declare a member of the public a vexatious or frivolous complainant, subject to the declaration relating to the nature of complaint and not to the person. 

Amend the Local Government Act 1995, to:

-        Enable Local Government discretion to refuse to further respond to a complainant where the CEO is of the opinion that the complaint is trivial, frivolous or vexatious or is not made in good faith, or has been determined to have been previously properly investigated and concluded, similar to the terms of section 18 of the Parliamentary Commissioner Act 1971.

-        Provide for a complainant, who receives a Local Government discretion to refuse to deal with that complainant, to refer the Local Government’s decision for third party review.

-        Enable Local Government discretion to declare a member of the public a vexatious or frivolous complainant for reasons, including:

·          Abuse of process;

·          Harassing or intimidating an individual or an employee of the Local Government in relation to the complaint;

·          Unreasonably interfering with the operations of the Local Government in relation to complaint.

Shire Response

Supportive – support was shown in the Phase 1 Submission to DLGSC. Further consultation across the Shire also saw unanimous support for establishing standard complaint management charters. Comments were made supporting the need for clear definitions around complaints that potentially could result in a breach of the Act and general complaints. Respondents thought that, where a complaint could result in a breach a Standards Panel should assess the complaint. There was a strong emphasis placed on zero tolerance to abuse of Councillors or local government employees. Comments were also made that duty of care provisions need to be established around mental health.

9.   Elections

Conduct of Postal Elections: Sections 4.20 and 4.61

 

The Local Government Act 1995 should be amended to allow the Australian Electoral Commission (AEC) and or any other third-party provider to conduct postal elections.

Shire Response

Supportive – Council endorsed support for this in the Shire’s Phase 1 Submission to DLGSC.

Voluntary Voting: Section 4.65

 

Voting in Local Government elections should remain voluntary.

Shire Response

Supportive - Respondents in the Shires consultation period supported elections remaining voluntary. Comments made were concerned about the financial costs to local governments. 

 

Method of Election of Mayor/President: Section 2.11

 

Local Governments should determine whether their Mayor or President will be elected by the Council or elected by the community.

Shire Response

Supportive – Council was supportive of being able to determine the method of election in the Shire’s Phase 1 Submission to DLGSC.

Online Voting

 

That WALGA continue to investigate online voting and other opportunities to increase voter turnout.

Shire Response

Supportive - Council endorsed support in the Shire’s Phase 1 Submission to DLGSC.

Elections should be conducted utilising the first-past the post (FPTP) method of voting.

Shire Response

Supportive - Council endorsed support in the Phase 1 Submission to DLGSC. Respondents in the Shire’s consultation period recommended Council having the final say on voting methods. This aligns with WALGA’s principle (b), provide for a flexible, principles-based legislative framework.

Leave of Absence When Contesting State of Federal Election

Amend the Act to require an Elected Member to take leave of absence when contesting a State or Federal election, applying from the issue of Writs. The options to consider include:

(i)      that an Elected Member remove themselves from any decision-making role and not attend Council and Committee meetings; or

(ii)     that an Elected Member take leave of absence from all aspects of their role as a Councillor and not be able to perform the role as specified in Section 2.10 of the Local Government Act.

Shire Response

Supportive – Council supported this in the Shire’s Phase 1 Submission to DLGSC.

CONSULTATION

 

In preparation of the Shires submission consultation was sought from;

1.   Department of Local Government, Sport and Cultural Industries (DLGSC).

2.   Western Australian Local Government Association (WALGA).

3.   Council Members

4.   Community Members

5.   Shire Employees.

DLGSC and WALGA have run community consultation sessions and workshops across Western Australia to seek feedback on issues covered by the Consultation Paper. The DLGSC in collaboration with WALGA conducted consultation sessions in Broome on 5 November 2018. The consultation sessions were open to community members, Elected Members, the CEO and Shire employees. Cr Tracey, the CEO and two other Shire employees were able to attend. Several key issues were raised which are summarised in the workshops facilitator’s report (attachment 4) and included in the submission.

DLGSC phase 2 surveys and WALGA’s Advocacy positions were replicated and distributed to Elected Members and pertinent Shire employees throughout January 2019. The feedback was compiled and used in the draft submission to WALGA.

STATUTORY ENVIRONMENT

 

Local Government Act 1995

RISK

The Local Government Act 1995 governs all functions and responsibilities of local governments, elected members and employees.

This is the first major review of the legislation in more than 20 years. Not making a submission will be a missed opportunity to influence the review, and risk that issues of importance to the Shire will not be considered. Further, there are some issues where the Shire’s position differs to the policy position endorsed by WALGA.

POLICY IMPLICATIONS

 

Nil at this stage. However, note that any future amendments to the Local Government Act 1995 and associated regulations may require subsequent changes to Council policies.

FINANCIAL IMPLICATIONS

 

Nil.

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

 

Accessible and safe community spaces

 

Participation in recreational and leisure 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:

 

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 tropical climate design principles and

 

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

 

A preserved, historical and cultural heritage of Broome

 

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

 

Core asset management to optimise the Shire’s 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

 

Affordable land for residential, industrial, commercial and community use

 

Key economic development strategies for the Shire which are aligned to regional outcomes working through recognised planning and development groups/committees

 

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

 

Responsible resource allocation

 

Effective community engagement

 

Improved systems, processes and compliance

 

 

VOTING REQUIREMENTS

Simple Majority

 

REPORT RECOMMENDATION:

That Council:  

1.       Endorse the submission to Western Australian Local Government Association on their State Council endorsed Local Government Act Review Advocacy Positions.

2.       Request the Chief Executive Officer forward the submission at attachment 3 to the Western Australian Local Government Association. 

 

Attachments

1.

Shire Submission to DLGSC

2.

WALGA State Council Advocacy Positions

3.

Shire Submission on WALGA Advocacy Positions

4.

WALGA ZONE LG ACT Forum West Kimberley Zone Report

  


Item 9.4.3 - LOCAL GOVERNMENT ACT REVIEW - WALGA SUBMISSION

 

 

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Item 9.4.3 - LOCAL GOVERNMENT ACT REVIEW - WALGA SUBMISSION

 

 

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Item 9.4.3 - LOCAL GOVERNMENT ACT REVIEW - WALGA SUBMISSION

 

 

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Item 9.4.3 - LOCAL GOVERNMENT ACT REVIEW - WALGA SUBMISSION

 

 

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Agenda – Ordinary Meeting of Council 28 February 2019                                                                                  Page 0 of 1

 

9.4.4      REVIEW OF DELEGATIONS OF AUTHORITY

LOCATION/ADDRESS:                             Nil

APPLICANT:                                              Nil

FILE:                                                           ARE02

AUTHOR:                                                   Senior Procurement, Risk & Governance Officer

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                           Director Corporate Services

DISCLOSURE OF INTEREST:                      Nil

DATE OF REPORT:                                    30 January 2019

 

SUMMARY:         The purpose of this report is for Council to review and consider its delegations to the Chief Executive Officer (CEO), and to adopt the reviewed Delegations of Authority Register.

 

BACKGROUND

 

Previous Considerations

 

OMC 21 December 2006                      Item 9.1.3

OMC 24 July 2008                                  Item 9.1.5

OMC 17 December 2008                      Item 9.1.7

OMC 19 March 2009                              Item 9.1.2

OMC 18 March 2010                              Item 9.1.1

OMC 17 March 2011                              Item 9.1.2

OMC 15 March 2012                              Item 9.4.4

OMC 20 June 2013                                 Item 9.4.4

OMC 27 March 2014                              Item 9.4.4

OMC 18 December 2014                      Item 9.4.2

OMC 31 March 2016                              Item 9.4.4

OMC 23 February 2017                          Item 9.4.6

OMC 14 December 2018                      Item 9.4.4

 

Under section 5.42 of the Local Government Act 1995 (the Act), a local government may delegate to the CEO any of its powers or the discharge of any of its duties under the Act, other than those prescribed under section 5.43 and any of its duties under the Planning and Development Act 2005 section 214(2)(3) or (5). 

 

Local governments also have an ability to carry out statutory functions and duties via other related legislation.  To delegate authority provides for the conferral of the ability to exercise a power or duty to a person from a person that is vested with the responsibility to exercise that power or duty.

 

The primary aim of delegated authority is to assist with improving time taken to make decisions within the constraints allowed by relevant legislation.  Having appropriate delegations in place allow day to day decisions to be made by the CEO, who in turn can sub delegate these decisions to staff if statutorily allowable.

 

Section 5.18 and 5.46(2) of the Act requires that a local government keep a register of delegations of authority made under the Act and that these are reviewed at least once every financial year.  Section 5.18 relates to Register of Delegations to Committees, and it is noted that there are no Committees with delegated authority.

 

The Delegation Register is a comprehensive document that includes delegations made under legislation other than the Act.  The Instrument of Delegation Register was last presented to Council for review on 14 December 2017.

 

COMMENT

 

The CEO, Directors and responsible officers have reviewed the current delegations.  The Instrument of Delegation Register, with proposed amendments marked, forms an attachment to this report.  

 

It should be noted that section 5.44 of the Act allows for the CEO to sub-delegate to any employee of the local government the exercise of any of the CEO’s powers or the discharge of any of the CEO’s duties under the Act, other than the power of delegation.  Sub delegations are included in the Shire of Broome Instrument of Delegation Register for consolidation purposes only and are not a matter for Council consideration. 

 

The delegations are listed below and are categorised into ‘Reviewed’ and in the order of the relevant legislation, and ‘Recommended for Withdrawal’ for ease of reference.

 

Reviewed

 

Local Government Act 1995

 

·    LGA1 Activities Requiring Approval

Reviewed - minor amendment proposed to remove reference to Traffic Management Policy which was rescinded by Council on the 31 May 2018.

 

·    LGA2 Administering the Local Government (Miscellaneous Provisions) Act 1960

Reviewed – reference to s.364(2), (3C), (6), (7) and (9) proposed to be deleted as matters relating to roads are dealt with under the Land Administration Act and administered by the Department of Planning, Lands and Heritage.  Reference to s.499 relating to appointment of a Ranger or Rangers and the reference to Rangers under s.451(1) are proposed to be deleted as these are considered part of the CEO’s Functions under s.5.41(g) and therefore does not require a delegation. The following are also proposed to be deleted as they are compliance requirements and therefore there is no discretion – s.452(1), 453, 455(1), 456, 457(3) and 457(4).

 

·    LGA5 Approval of Signage within Active Reserves

Reviewed – no changes proposed.

 

·    LGA6 Approval to use Council Property for Activities Involving the Sale, Supply and Consumption of Liquor

Reviewed – minor amendment to update Policy number referenced.

 

·    LGA7 Approve Applications for Public Health Initiatives

Reviewed – no changes proposed.

 

·    LGA10 Waiving and refunding of fees for applications administered by Development Services

Reviewed – minor grammatical amendments that do not change the intent of the delegation.

 

·    LGA11 Cape Leveque Road, Wet Season Closure and Load Limits

Reviewed and shall remain as is, subject to a further detailed review.

 

·    LGA13 Declaring a Vehicle to be an Abandoned Vehicle Wreck

Reviewed - no changes proposed.

 

·    LGA14 Disposal and Acquisition of Assets (Other than Land)

Reviewed and shall remain as is, subject to a further detailed review for both the delegation and relevant Policy 4.3.2 Asset Disposal.

 

·    LGA15 Disposal of Impounded Vehicles and Goods

Reviewed – no changes proposed. 

 

·    LGA16 Disposing of Sick or Injured Impounded Animals

Reviewed – no changes proposed.

 

·    LGA18 Insurance

Reviewed – no changes proposed.

 

·    LGA19 Investment of Surplus Funds

Reviewed – no changes proposed.

 

·    LGA20 Local Government (Uniform Local Provisions) Regulations 1996, Consent Permission or Approvals

Reviewed – no changes proposed.

 

·    LGA22 Municipal/Trust Fund, Authorisation of Payments, including Creditors

Reviewed – no changes proposed.

 

·    LGA23 Operational – Authorised Officers, Appointment of

Reviewed – proposed to be amended to reflect WALGA template delegation and expanded to include appointments under s.3.24 – Certain provisions about land. 

 

·    LGA24 Operational – Community Sponsorship Program

Reviewed – no changes proposed.

 

·    LGA26 Operational – Legal Representation, Costs Indemnification

Minor amendment to align the value of expenditure allowable under the delegation. Other minor amendments proposed that do not change the intent of the delegation.  Policy 1.2.3 Legal Representation - Costs Indemnification has also been updated to reflect the change and is contained in Attachment 3.

 

·    LGA27 Permits, Road Trains and Extra Mass

Reviewed – no changes proposed.

 

·    LGA28 Private Works

Reviewed – no changes proposed.

 

·    LGA30 Rates and Service Charges - Agreements

Reviewed – minor change to Policy title.

 

·    LGA32 Rating and Service Charges, Caveat

Reviewed – minor change to Policy title.

 

·    LGA33 Rating and Service Charges, Legal Action for Recovery

Reviewed – minor change to Policy title.

 

·    LGA34 Recovery of Rates and Service Charges – Leased Properties

Reviewed – updated to reference Policy 2.2.5 – Debt Recovery.

 

·    LGA35 Road Closures, General and Temporary

Reviewed and shall remain as is, subject to a further detailed review.

 

·    LGA37 Tenders for Goods and Services

Threshold for CEO’s authority to award contracts has been amended to $250,000 excluding GST to improve administrative efficiencies surrounding awarding contracts and administering contract variations. Also updated to include 10% variation threshold for contract variations to clarify limits. 10% is a common percentage used across local governments. This threshold can still be varied on a case by case basis dependent on budget contingencies for certain contracts, so when Council award contracts the recommendation can include a figure different to that of the delegation if required.

 

·    LGA38 Trading Licenses

Minor changes that do not change the intent of the delegation.

 

·    LGA39 Write Off of Debts Up to $1,000

Minor amendment to policy title and wording.

 

·    LGA40 Lease Agreements – Community Storage Facility and Staff Housing

Titles amended, inclusion of license, amendment to reserve number (Community Storage Facility) addition of ministerial approval (Section 18 Land Administration Act 1997) and inclusion of sub delegation.

 

·    LGA41 Panels of Pre-qualified Suppliers

Reviewed and amended to increase threshold for awarding contracts to $250,000 excluding in line with the amendments of LGA37.

 

Building Act 2011

 

·    BA1 Administering the Building Act 2011

Reviewed – no changes proposed.

 

·    BA2 Encroachment, Access and Works on Shire Owned or Managed Land

Reviewed – no changes proposed.

 

·    BA3 Seeking Consent to Affect Other Land

Reviewed – no changes proposed.

 

Cat Act 2011

 

·    CA1 Administering the Cat Act 2011

Reviewed and updated following advice from WALGA.

 

Dog Act 1976

 

·    DA1 Administering the Dog Act 1976

Reviewed and updated following advice from WALGA.

 

Planning and Development Act 2005 & Local Planning Scheme No 6

 

·    PLA1 Built Strata Certificate of Approval – Forms 24 & 26

Reviewed – no changes proposed.

 

·    PLA4 Delegation to Waive/Refund Planning Fees

Minor typographical error corrected.

 

·    PLA5 Determine Development Application

Reviewed, minor adjustments proposed: Part 11, section 11.3 of LPS6 has been removed through a Scheme Amendment and therefore reference to this section in the delegation is recommended to be removed. Also Clause 4.18 (Control of Advertisements) was removed through a scheme amendment and therefore should be removed from the delegation.

 

·    PLA7 Issue of Stop, Direction, Works Notices – Planning

Reviewed – no changes proposed.

 

·    PLA8 Local Development Plans

Minor formatting changes.

 

·    PLA9 Structure Plans

Reviewed – no changes proposed.

 

·    PLA10 Subdivision and Amalgamation Applications & Clearance

Reviewed – no changes proposed.

 

·    PLA11 Submit Responsible Authority Report

Remove reference to Clause 10.2 of LPS6 as this was removed through an amendment to the Scheme.

 

Bush Fires Act 1995

 

·    BFA1 Administering the Bush Fires Act 1954

Minor changes however further detailed review required.

 

Control of Vehicles (Off Road Areas) Act 1978

 

·    CVA1 Vehicular Access to Prohibited Areas of Cable Beach

Minor changes however further detailed review required.

 

Food Act 2008

 

·    FA1 Administering the Food Act 2008

Minor changes however further detailed review required.

 

Health (Miscellaneous Provisions) Act 1911

 

·    HA1 Health (Miscellaneous Provisions) Act 1911 – Appointment of Deputy to Meet Functions and Responsibilities of the Act

Minor changes however further detailed review required.

 

Public Health Act 2016

 

·    PHA1 Public Health Act 2016 – Appointment of Authorised Officers

Reviewed – Minor amendments that do not change the intent of the delegation.

 

Recommended for Withdrawal

 

·    LGA9 Broome Street Number Markers

Proposed to be withdrawn. Delegation not required to undertake this activity.

 

·    LGA12 Council Chambers

Proposed to be withdrawn as covered by Council Policy 1.2.2 – Use of Council Chambers and Administration which authorises the CEO to approve the use of the Council Chambers when special circumstances exist.

 

·    LGA29 Purchase Orders, Issue of

Proposed to be withdrawn - to issue purchase orders is to incur a liability, and therefore not a power or duty that can be delegated.  Currently controlled by Management Directive 008.

 

CONSULTATION

 

Western Australian Local Government Association

 

STATUTORY ENVIRONMENT

 

Local Government Act 1995

 

5.46.     Register of, and records relevant to, delegations to CEO and employees

(1)         The CEO is to keep a register of the delegations made under this Division to the CEO and to employees.

(2)         At least once every financial year, delegations made under this Division are to be reviewed by the delegator.

(3)         A person to whom a power or duty is delegated under this Act is to keep records in accordance with regulations in relation to the exercise of the power or the discharge of the duty.

 

Other statutes administered by local governments also enable local governments to delegate specific functions and powers. These are included in the Instrument of Delegation Register.

 

Legislation relevant to the delegations in the Instrument of Delegation Register are detailed in Attachment 2.

 

POLICY IMPLICATIONS

 

Relevant policies are cross referenced throughout the Instrument of Delegation Register.

 

FINANCIAL IMPLICATIONS

 

Nil.

 

RISK

 

Section 5.18 and 5.46(2) of the Local Government Act 1995 requires that a Local Government keep a register of delegations of authority made under the Act and that these are reviewed at least once every financial year. 

 

The Instrument of Delegation Register was last presented to Council for review on 14 December 2017.  Council are therefore required to endorse the reviewed delegations prior to 30 June 2019 to ensure compliance with legislation.  The risk is ‘High’ if this date is not met as it results in non-compliance with the legislative requirements of the Local Government Act 1995.  The likelihood of this occurring is ‘Rare’ as the Instrument of Delegation Register has been reviewed and is being presented well in advance of this date.

 

STRATEGIC IMPLICATIONS   

 

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

 

Improved systems, processes and compliance

 

VOTING REQUIREMENTS

Absolute Majority

 

REPORT RECOMMENDATION:

That Council:

1.       Notes the review of the delegations;

2.       Amends the delegations in the manner outlined within this report and as contained within Attachment 1;

3.       Withdraws the following delegations:

a)      LGA9 – Broome Street Number Markers;

b)      LGA12 – Council Chambers; and

c)      LGA29 – Purchase Orders, Issue of.

4.       Adopts the delegations as detailed in the attached Instrument of Delegation Register; and

5.       Adopts reviewed Policy 1.2.3 Legal Representation – Costs Indemnification.

 

(Absolute Majority Required)

 

Attachments

1.

Instrument of Delegation Register

2.

Legislation Relevant to Delegations

3.

Policy 1.2.3 Legal Representation - Costs Indemnifications

  


Item 9.4.4 - REVIEW OF DELEGATIONS OF AUTHORITY

 

 

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Item 9.4.4 - REVIEW OF DELEGATIONS OF AUTHORITY

 

 


 


 


 


 


 


Item 9.4.4 - REVIEW OF DELEGATIONS OF AUTHORITY

 

 

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Agenda – Ordinary Meeting of Council 28 February 2019                                                                                  Page 0 of 1

 

9.4.5      MONTHLY PAYMENT LISTING - DECEMBER 2018

LOCATION/ADDRESS:                             Nil

APPLICANT:                                              Nil

FILE:                                                           FRE02

AUTHOR:                                                   Coordinator Financial Operations

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                           Director Corporate Services

DISCLOSURE OF INTEREST:                      Nil

DATE OF REPORT:                                    13 January 2019

 

SUMMARY: This report recommends that Council receives the list of payments made under delegated authority, as per the attachment to this report, for the month of December 2018.

 

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 & BPAY), cheque, credit card or direct debit.

 

Attached is a list of all payments processed under delegated authority during the month of December 2018.

 

CONSULTATION

 

Nil.

 

STATUTORY ENVIRONMENT

 

Local Government (Financial Management) Regulations 1996

13.     Payments from municipal fund or trust fund by CEO, CEO’s duties as to etc.

(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; and

(c)    the date of the payment; and

(d)    sufficient information to identify the transaction.

 

 

(2)     A list of accounts for approval to be paid is to be prepared each month showing —

(a)    for each account which requires council authorisation in that month —

(i)      the payee’s name; and

(ii)      the amount of the payment; and

(iii)     sufficient information to identify the transaction; and

(b)    the date of the meeting of the council to which the list is to be presented.

 

(3)     A list prepared under sub regulation (1) or (2) 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. Payments can also be analysed as follows:

 

 

The above graph shows the percentage of local spend in comparison to non-local and recoupable spend for the month of December 2018 after $810,391.82 in personnel payments, $546,992.18 in utilities and other non-local sole suppliers have been excluded.

 

RISK

 

The risk of Council not adopting this report is extreme as this will result in non-compliance with Regulation 13 of the Local Government (Financial Management) Regulations 1996. The likelihood of this ever occurring is rare due to the CEO’s implementation of procedures to ensure payment details are disclosed to Council in a timely manner, as well as Procurement and Purchasing policies which ensure these payments are made in accordance with budget and delegated authority and comply with Local Government (Financial Management) Regulations 1996.

 

STRATEGIC IMPLICATIONS 

 

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

 

Responsible resource allocation

 

Effective community engagement

 

Improved systems, processes and compliance

 

VOTING REQUIREMENTS

Simple Majority

 

REPORT RECOMMENDATION:

That Council:

1.       Receives the list of payments made from the Municipal and Trust Accounts in December 2018 totalling $4,393,409.46 (Attachment 1) in accordance with the requirements of Regulation 12 of the Local Government (Financial Management) Regulations 1996 covering:

a.      EFT Vouchers 48704 – 49028 totalling $3,923,978.37;

b.      Municipal Cheque Vouchers 57553 – 57558 totalling $1,692.11;

c.      Trust Cheque Vouchers totalling $0; and

d.      Credit Card Payments and Municipal Direct Debits DD25679.1– DD25745.33 totalling $467,738.98.

 

2.       Notes the local spend of $1,929,070.65 included in the amount above, equating to 63.54% of total payments excluding personnel, utility and other external sole supplier costs.

 

Attachments

1.

1. Monthly Payment Listing December 2018

2.

2. Local Spend Payment Listing December 2018

  


Item 9.4.5 - MONTHLY PAYMENT LISTING - DECEMBER 2018

 

 

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Item 9.4.5 - MONTHLY PAYMENT LISTING - DECEMBER 2018

 

 

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Agenda – Ordinary Meeting of Council 28 February 2019                                                                                  Page 0 of 1

 

9.4.6      MONTHLY STATEMENT OF FINANCIAL ACTIVITY REPORT DECEMBER 2018

LOCATION/ADDRESS:                             Nil

APPLICANT:                                              Nil

FILE:                                                           FRE02

AUTHOR:                                                   Senior Finance Officer

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                           Director Corporate Services

DISCLOSURE OF INTEREST:                      Nil

DATE OF REPORT:                                    31 December 2018

 

SUMMARY: Council is required by legislation to consider and adopt the Monthly Statement of Financial Activity Report for the period ended 31 December 2018, as required by Regulation 34(1) of the Local Government (Financial Management) Regulations 1996 (FMR).

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.

 

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

 

Disclosure and supply of appropriate explanations for variances presented in the Statement of Financial Activity, is mandatory under FMR 34(2)(b) as stated in Policy 2.2.2 Materiality in Financial Reporting.

 

FMR 34(5) requires a local government to adopt a percentage or value, calculated in accordance with the Australian Accounting Standards (AAS) and Council’s adopted risk management matrix thresholds, to be used in statements of financial activity for reporting material variances.

 

COMMENT

 

The 2018/19 Annual Budget was adopted at the Ordinary Meeting of Council on 28 June 2018.

 

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

 

Budget Year elapsed                       50.41%

Total Rates Raised Revenue            100% (of which 77.17% has been collected)

Total Other Operating Revenue     42%

Total Operating Expenditure           46%

Total Capital Revenue                     35%   

Total Capital Expenditure                25%

Total Sale of Assets Revenue             5%

 

More detailed explanations of variances are contained in Note 2 of the Monthly Statement of Financial Activity. The commentary identifies material variations between the expected year-to-date budget position and the position at the reporting date.

 

Based on the 2018/19 Annual Budget presented at the Ordinary Meeting of Council on 28 June 2018, Council adopted a balanced budget to 30 June 2019.

 

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 sub regulation (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 sub regulation (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

(b)         recorded in the minutes of the meeting at which it is presented.

 

(5)        Each financial year, a local government is to adopt a percentage or value, calculated in accordance with the AAS, to be used in statements of financial activity for reporting material variances.

 

Local Government Act 1995

 

6.8. Expenditure from municipal fund not included in annual budget

(1)         A local government is not to incur expenditure from its municipal fund for an additional purpose except where the expenditure —

(a)         is incurred in a financial year before the adoption of the annual budget by the local government;

(b)         is authorised in advance by resolution*; or

(c)         is authorised in advance by the mayor or president in an emergency.

* Absolute majority required.

 

(1a)     In subsection (1) —

“additional purpose” means a purpose for which no expenditure estimate is included in the local government’s annual budget.

 

(2)          Where expenditure has been incurred by a local government —

(a)        pursuant to subsection (1)(a), it is to be included in the annual budget for that financial year; and

(b)        pursuant to subsection (1)(c), it is to be reported to the next ordinary meeting of the council.

 

POLICY IMPLICATIONS

 

2.2.2 Materiality in Financial Reporting

 

FINANCIAL IMPLICATIONS

 

The adoption of the Monthly Financial Report is retrospective.  Accordingly, the financial implications associated with adopting the Monthly Financial Report are nil.

 

RISK

 

The Financial Activity report is presented monthly and provides a retrospective picture of the activities at the Shire. Contained within the report is information pertaining to the financial cost and delivery of strategic initiatives and key projects.

 

In order to mitigate the risk of budget over-runs or non-delivery of projects, the Chief Executive Officer has implemented internal control measures such as regular Council and management reporting and the quarterly Finance and Costing Review (FACR) process to monitor financial performance against budget estimates. Materiality reporting thresholds have been established at half the adopted Council levels, which equate to $5,000 for operating budget line items and $10,000 for capital items, to alert management prior to there being irreversible impacts.

 

It should also be noted that there is an inherent level of risk of misrepresentation of the financials through either human error or potential fraud. The establishment of control measures through a series of efficient systems, policies and procedures, which fall under the responsibility of the CEO as laid out in the Local Government (Financial Management Regulations) 1996 regulation 5, seek to mitigate the possibility of this occurring. These controls are set in place to provide daily, weekly and monthly checks to ensure that the integrity of the data provided is reasonably assured.

 

STRATEGIC IMPLICATIONS

 

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

 

Affordable land for residential, industrial, commercial and community use

 

Key economic development strategies for the Shire which are aligned to regional outcomes working through recognised planning and development groups/committees

 

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

 

Responsible resource allocation

 

Effective community engagement

 

Improved systems, processes and compliance

 

 

VOTING REQUIREMENTS

Simple Majority

 

REPORT RECOMMENDATION:

That Council:  

1.       Adopts the Monthly Financial Activity Report for the period ended 31 December 2018; and

2.       Receives the General Fund Summary of Financial Activity (Schedules 2-14) for the period ended 31 December 2018.

 

Attachments

1.

Monthly Financial Statements - December 2018

2.

Schedule 2

3.

Schedule 3 - 16

  


Item 9.4.6 - MONTHLY STATEMENT OF FINANCIAL ACTIVITY REPORT DECEMBER 2018

 

 

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