Our Vision

"Broome - a future for everyone."

 

UNCONFIRMED

MINUTES

 

 

OF THE

 

Ordinary Meeting of Council

 

25 February 2021


NOTICE OF MEETING

 

 

Dear Council Member,

 

 

The next Ordinary Meeting of Council will be held on Thursday, 25 February 2021 in the Council Chambers, Corner Weld and Haas Streets, Broome, commencing at 5:00 PM.

 

Social distancing measures are in place throughout the building. It is a condition of entry that people adhere to remaining the prescribed 2 meters apart.

 

 

Regards,

 

 

S MASTROLEMBO

Chief Executive Officer

 

25/02/2021

 

 

 

 

 

Our Mission

"To deliver affordable and quality Local Government services."

 

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 in section 5.25 of the Local Government Act 1995 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.


Minutes – Ordinary Meeting of Council 25 February 2021                                                                        Page 1 of 2

 

Councillor Attendance Register

Post 2019 Local Government Elections

Councillor

Cr H Tracey

Cr D Male

Cr E Foy

Cr P Matsumoto

Cr C Mitchell

Cr B Rudeforth

Cr P Taylor

Cr N Wevers

Cr F West

2019

21 November

 

 

 

LOA

 

 

LOA

 

 

2019

12 December

 

 

 

 

 

 

 

 

 

2020

27 February

 

 

 

 

 

 

LOA

 

 

2020

26 March

 

 

 

 

 

 

 

 

 

2020

30 April

 

 

LOA

 

 

 

 

 

 

2020

28 May

 

 

 

 

 

 

 

 

LOA

2020

25 June

LOA

 

 

 

 

 

 

 

 

2020

30 July

 

A

LOA

 

 

 

 

 

 

2020

31 August

 

 

LOA

LOA

 

 

 

 

 

2020

23 September

 

 

 

LOA

 

 

 

 

LOA

2020

29 October

 

 

 

LOA

 

 

 

 

 

2020

19 November

 

 

LOA

A

 

 

 

 

 

2020

10 December

 

 

 

 

 

 

 

 

 

2021

25 February

A

 

 

 

 

 

 

 

 

 

·       LOA (Leave of Absence)

·           NA (Non Attendance)

·       A (Apologies)

·          R  (Resignation)

 

 

 

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 Part 8; 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 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: No. 49 of 2004 s. 19(1); No. 17 of 2009 s. 5; No. 31 of 2018 s. 5.]

 

 


MinutesOrdinary Meeting of Council 25 February 2021                                                                                   Page 1 of 2

 

SHIRE OF BROOME

Ordinary Meeting of Council

Thursday 25 February 2021

INDEX – Minutes

 

1.               Official Opening.. 7

2.               Attendance and Apologies. 7

3.               Announcements By President Without Discussion.. 8

4.               Declarations Of Interest. 8

5.               Public Question Time. 8

6.               Applications for Leave of Absence. 21

7.               Confirmation Of Minutes. 21

8.               Presentations / Petitions / Deputations. 21

8.1      PETITION - LOCAL PLANNING SCHEME NO.6 - AMENDMENT NO.12. 22

9.               Reports From Officers. 23

9.1   People. 23

Nil

9.2   Place. 24

9.2.1     ADOPTION OF PROPOSED PLANNING SCHEME AMENDMENT NO.12 TO LOCAL PLANNING SCHEME NO.6. 24

9.2.2     DEVELOPMENT APPLICATION 2020/97 - USE NOT LISTED - BETTING AGENCY. 134

9.2.3     REQUEST FOR REDUCTION OF APPLICATION FEES FOR THE INSTALLATION OF BATTERY POWERED SMOKE ALARMS IN INDIGENOUS COMMUNITY HOUSING WITHIN THE SHIRE OF BROOME. 148

9.2.4     DEVELOPMENT APPLICATION- 2020/95 - R-CODE VARIATION AT 16 KOOLAMA DRIVE, CABLE BEACH.. 162

9.2.5     DOG CONTROL MEASURES - TOWN BEACH RESERVE. 183

9.2.6     WASTE LOCAL LAW 2021 - FINAL ADOPTION.. 191

9.3   Prosperity. 240

9.3.1     DRAFT ECONOMIC DEVELOPMENT STRATEGY FOR ENDORSEMENT FOR PUBLIC COMMENT. 240

9.4   PERFORMANCE. 277

9.4.1     ANNUAL ELECTORS MEETING - 4 FEBRUARY 2021. 277

9.4.2     LOCAL GOVERNMENT ELECTIONS 2021. 310

9.4.3     MODEL CODE OF CONDUCT FOR COUNCIL MEMBERS, COMMITTEE MEMBERS AND CANDIDATES. 316

9.4.4     MONTHLY PAYMENT LISTING DECEMBER 2020. 334

9.4.5     MONTHLY PAYMENT LISTING JANUARY 2021. 347

9.4.6     MONTHLY STATEMENT OF FINANCIAL ACTIVITY REPORT DECEMBER 2020. 359

9.4.7     MONTHLY STATEMENT OF FINANCIAL ACTIVITY JANUARY 2021. 394

9.4.8     AUDIT AND RISK COMMITTEE MINUTES 10 FEBRUARY 2021. 429

10.            Reports of Committees. 471

10.1   BUSH FIRE ADVISORY COMMITTEE MINUTES 9 DECEMBER 2020. 471

10.2   LOCAL EMERGENCY MANAGEMENT COMMITTEE MINUTES 9 DECEMBER 2020. 488

11.            Notices of Motion.. 521

12.            Questions By Members Without Notice. 521

13.            Business of an Urgent Nature. 521

14.            Meeting Closed To Public.. 521

14.1   RFT20/12 BROOME RECREATION AND AQUATIC CENTRE (BRAC) INDOOR SPORTS COURTS - FLOOR REPLACEMENT. 522

14.2   RFT20/10 SUPPLY OF PLANT HIRE AND SERVICES. 523

14.3   RFT20/13 - PROVISION OF ROUTINE AND REACTIVE AIR-CONDITIONING RELATED SERVICES. 524

14.4   RFT20/11 SUPPLY AND DELIVERY OF UNIFORMS AND PERSONAL PROTECTIVE EQUIPMENT. 525

15.            Meeting Closure. 527

 


Minutes – Ordinary Meeting of Council 25 February 2021                                                                        Page 1 of 2

MINUTES OF THE Ordinary Meeting of Council OF THE SHIRE OF BROOME,

HELD IN THE Council Chambers, Corner Weld and Haas Streets, Broome, ON Thursday 25 February 2021, COMMENCING AT 5:00 PM.

 

1.         Official Opening

 

The Chairperson welcomed Councillors, officers and members of the public and declared the meeting open at 5:01 PM.

 

2.         Attendance and Apologies

 

ATTENDANCE

 

 

 

 

 

Councillors:

Cr D Male

Deputy Shire President (Chairperson)

 

Cr E Foy

From 5.10 pm

 

Cr P Matsumoto

 

 

Cr C Mitchell

 

 

Cr B Rudeforth

 

 

Cr P Taylor

 

 

Cr F West

 

 

Cr N Wevers

 

 

Apologies:

Cr H Tracey

Shire President

 

Leave of Absence:

Nil

 

 

Officers:

Mr S Mastrolembo

Chief Executive Officer

 

Mr J Watt

Director Corporate Services

 

Mr N Cain

Director Development and Community

 

Mr A Graffen

Director Infrastructure

 

Mr D Kennedy

Manager Governance, Strategy and Risk

 

Ms L Levi

Senior Administration and Governance Officer

 

Mr L Fouche

Manager Planning and Building Services

 

Mr L Cervi

Coordinator Planning Services

 

Mr G McKnight

Marketing and Communications Coordinator

 

Media:

Hinako Shiraishi

ABC

 

Sam Jones

Seven West Media

 

 

 

 

 

 

Public Gallery:

Kent Brockenshire

Rate Payer

 

Kylie Brockenshire

Rate Payer

 

Paul Ferrante

Via Microsoft Teams (until end item 9.2.1)

 

Craig Starcevich

Squash Club

 

Andrew Chambers

Elector

 

Olivia Triferis

Rate Payer

 

Michael Leake

Self

 

Jannah Lott

Self

 

Diana Oliver

Rate Payer

 

Rebecca Mitchell

Rate Payer

 

Kimberley Smith

The Greens (WA)

 

Brendan Renkin

 

 

 

3.         Announcements By President Without Discussion

 

Nil.

 

4.         Declarations Of Interest

 

 

FINANCIAL INTERESTS (s5.60A)

Councillor

Item No

Item

Nature of Interest

Cr D Male

9.2.4

Development Application – 2020/95 – R-Code Variation at 16 Koolama Drive, Cable Beach

Applicant is a client of my business

 

INDIRECT FINANCIAL INTERESTS (s5.61)

Councillor

Item No

Item

Nature of Interest

Cr P Taylor

9.2.4

Development Application – 2020/95 – R-Code Variation at 16 Koolama Drive, Cable Beach

Closely associated person

 

PROXIMITY INTERESTS (s5.60B)

Councillor

Item No

Item

Nature of Interest

Nil

 

IMPARTIALITY

Councillor

Item No

Item

Nature of Interest

Cr F West

8.1 & 9.2.1

Adoption of Proposed Planning Scheme Amendment No.12 to Local Planning Scheme No.6

I live in the neighbourhood near the location

 

 

5.         Public Question Time

 

Questions Taken on Notice

 

Ordinary Council Meeting – 10 December 2020

 

The following questions were submitted by Brendan Renkin prior to the meeting and taken on notice due to Council exceeding the set time limit for public questions. The Shire’s administrative responses are provided below.

 

Question One (1)

 

In September 2019, in response to a public question the CEO indicated the Shire is currently investigating options to progress a Reconciliation Framework or the like, which may contain Indigenous employment targets. Can the Shire provide an update on any progress on this issue, and whether any targets have been agreed?

 

Response provided by Sam Mastrolembo, Chief Executive Officer:

 

A Draft Reconciliation framework or the like remains under investigation at this time.

 

Question Two (2)

 

9.4.2 Corporate Business plan Outcome 1.2, Action 1.2.1. Has the Shire undertaken any evaluation of the impact of CCTV cameras on crime or antisocial behaviour, and can this be shared with ratepayers? If not, does the Shire have any plans to do so, and can that be included in the business plan?

 

Response provided by Nathan Cain, Director Development and Community:

 

As per the Western Australian State CCTV Strategy – ‘When combined with other crime prevention strategies, the visible presence of CCTV in public spaces can contribute to a reduction in the fear of crime and act as a visible deterrent to potential offenders in crime hotspots.’

 

The Shire has received anecdotal feedback that the installation of CCTV in various locations has been a deterrent to some anti-social behaviour, although acknowledges it has not ceased entirely.

 

Over a period, the Broome Police have also supported and identified priority locations for CCTV cameras; and have provided positive feedback on the assistance provided to policing particularly in relation to early intervention and identification / apprehension of offenders.

 

CCTV has been combined with additional crime prevention initiatives, such as lighting upgrades, additional lighting, amenity improvements and policing activities, which complicates an evaluation of CCTV in isolation.

 

Question Three (3)

 

Further to my question 5 at the November 2020 OMC, can the Shire explain what definition it was using for "shovel ready" for the selection criteria for the Covid Response Plan (Investment Prospectus)? Can the Shire explain how this definition applies to:

a)   Broome Boating Facility; and

b)   Cable Beach Redevelopment

 

Response provided by Nathan Cain, Director Development and Community:

 

As answered at the November 2020 Ordinary Meeting of Council, projects (including Broome Boating Facility and Cable Beach Foreshore Redevelopment) were drawn primarily from the Broome Growth Plan while Shire projects were primarily drawn from the Shire’s Strategic Community Plan and supporting Long Term Financial Plan. These documents have had significant community consultation and engagement.

 

Projects were also considered based on their ability to:

  1. Deliver local jobs and business opportunities during construction and in the longer term;
  2. Are shovel ready or facilitate projects of regional significance;
  3. Support reconciliation through closing the gap, cultural recognition and/or Aboriginal employment and business opportunities;
  4. Leverage existing projects and/or deliver investment growth; and
  5. Facilitate resilience (such as improved infrastructure, skills development programs, climate and environmental resilience).

 

‘Shovel ready’ is a phrase often used to describe projects (usually larger-scale infrastructure) where planning, feasibility, consultation and technical investigation is advanced enough that with enough funding, construction on elements of the project can begin within a short and reasonable time.

 

Question Four (4)

 

Given that the Covid Recovery Plan identified the need to spend stimulus funds at soon as possible to head off the significant economic impact of Covid, did the Shire give consideration to the 2009 Global Finance Collapse experience in which funds remained unspent due to the failure of identified projects ready to go never actually proceeding, and if so what risk mitigation strategies has the Shire adopted?

 

Response provided by Nathan Cain, Director Development and Community:

 

Shire-led projects in the 3-Year Broome Recovery Plan undergo risk management analysis to ensure mitigation strategies can contribute to achieving project completion within time, budget and scope.

 

Question Five (5)

 

Did these risk mitigation strategies include broadening the scope of possible projects to include seeking funds for investment in the human and social capital of the Shire of Broome rather than focusing predominantly on construction projects?

 

Response provided by Nathan  Cain, Director Development and Community:

 

The Shire of Broome provides, facilitates and advocates for services and facilities to improve quality of life for everyone in the Broome district. This includes programs and projects aimed to improve human and social capital. To be active in recovery, some of Broome’s key organisations have focused on projects to:

  1. Stimulate the economy
  2. Benefit the region
  3. Assist in rebounding from COVID-19 impacts.

 

The purpose of the document aimed at securing government co-investment in high impact projects, leveraging the consultation already undertaken to develop a pipeline of initiatives which would contribute to meeting Broome’s economic, jobs and social targets.

 

At the time of document was development, construction projects were favoured to deliver the three (3) focus areas, as listed above.

 

The following questions were submitted by Andrew Chambers prior to the meeting and taken on notice due to Council exceeding the set time limit for public questions. The Shire’s administrative responses are provided below.

 

Question One (1)

 

9.4.2 Strategic Community Plan 2021 – 2031 - Broome a Future for Everyone – Vision and Values Campaign.

 

In light of the recent Community Safety Forum and the feedback on previous sessions can I ask how this Shire is going to enable greater community engagement in the creation of solutions to issues and ultimately in empowering them to be a part of the process?

 

Response provided by Nathan Cain, Director Development and Community:

 

Council’s Community Engagement Policy, developed using the International Association of Public Participation (IAP2) Spectrum, is designed to assist with the selection of the level of participation that defines the public’s role in any community engagement program.

 

The Spectrum shows that differing levels of participation are legitimate depending on the goals, timeframes, resources and levels of concern shown towards decisions to be made. However, and most importantly, the Spectrum sets out the promise being made to the public at each participation level. The Spectrum is widely used and is quoted in many community engagement manuals.

 

Council continuously review and update its Community Engagement Framework.

 

Question Two (2)

 

Broome Health and Well Being Campus NBY

 

Can anyone on Shire explain the value of supporting a partner, who is not supporting the Shire and the general community, in developing this facility that has no clearly articulated purpose (other than some fluffy marketing sentiment?) in a field of two existing well-funded and very successful Aboriginal Health services?

 

Response provided by Chief Executive Officer:

 

Council has endorsed support of this project through its inclusion in the 3 Year Broome COVID-19 Recovery Plan. The Broome Health and Wellbeing Campus will be a health services hub that is designed as an indigenous led clinical and allied health service centre for Broome and the wider Kimberley Region. We understand the project is being developed in partnership with a range of stakeholders and with co-location opportunities being pursued.

 

Question Three (3)

 

Broome Motocross Track

 

This is claimed as a Shire achievement yet when questioned previously the Shire President and officers rejected any investment had been made in this project (either capital or in-kind). Is this a true statement and, if not, what was the Shire’s actual contribution in “achieving” this facility?

 

Response provided by Andrew Graffen, Director Infrastructure:

 

Shire officers have been engaged with DevelopmentWA (previously LandCorp) through all phases of this project including site selection, procurement, development approval, inspections, building approvals and lease negotiations.

 

Some specific examples of this are:

-        The new Motocross site is situated on Reserve 53311 which the Shire of Broome has a Management Order over for the purpose of Motorplex Site with a power to lease.

-        The Reserve and Management Order was requested over Lot 591 Broome Road following technical investigations, due diligence and site selection reports to facilitate the relocation which was endorsed by Council at OMC 26 May 2014.

-        Council at OMC 7 September 2017 endorsed the subject area being zoned as Public Purpose Reserve for the purpose of Motor Sports under Local Planning Scheme 6.

-        Shire Officers have worked with the Broome Motocross club to negotiate the final terms of a lease over portion of reserve 53311 for a term of 21 years at peppercorn rent of $1 per annum.

-        The Shire of Broome has provided support and assistance to, and done all things reasonably required to facilitate the construction of this facility and relocation of the Motocross Club. I can confirm that all funds expended on the relocation were through DevelopmentWA’s Broome North Infrastructure Contribution Agreement.

 

Question Four (4)

 

Prosperity, What we will do - Facilitate the growth and development of iconic festivals, community and sporting events.

 

Is there any actual plan or strategy in place backed up by a realistic budget to action this statement? Of the $50k p/a allocated in the additional operating expenditure, Corporate Business Plan, How much is already allocated to Shinju Matsuri and existing events?

 

Response provided by Nathan Cain, Director Development and Community:

 

The Long-Term Financial Plan allocates funding towards Events, Economic and Tourism Development, supported in part by Council’s Identifying Opportunities for Events in Broome (informing document), to facilitate the growth and development of iconic festivals, community and sporting events.

 

This is an annual funding program which has proven to be highly competitive and is variable depending on available budget and quality of applications. The $50,000 allocated in additional operating expenditure is intended to assist in the Shire’s delivery of additional events and is not allocated to any existing events.

 

Question Five (5)

 

Corporate Business Plan – Outcome 9

 

9.3 Activate the Dampier Peninsular – this reads like these communities are not in the Shire of Broome. While they are not direct ratepayers (yet) increased tourism activity will be driven primarily from Broome (town) and, the Shire receives support from both State and Federal to support ALL residents of the Shire. Why is it that there’s no plan for greater partnership in delivering basic services to these communities such as waste management, clean water, safe sewage systems, parks and gardens services, ranger services, health and safety compliance, building approvals?

 

Response provided by Nathan Cain, Director Development and Community:

 

The Shire undertakes local government functions within responsible areas, as contained in the Local Government Act 1995.

 

Many areas with the district of the Shire of Broome are managed under individual agreements with State government agencies, or the State government itself, to supply compliance and other service provision.

 

The Shire works collaboratively with other agencies for the betterment of the ratepayers and residents of the entire district.

 

Question Six (6)

 

9.4.3 Wards & Representation Review

 

Can the Shire explain why it is penalising residential communities that do not vote (low elector numbers) by removing their chance at representation for the special interests and needs of residents in the already under serviced Dampier Ward?

 

Response provided by James Watt, Director Corporate Services:

 

At it’s 10 December 2020 Ordinary Meeting Council resolved to maintain the status quo in relation to Ward Representation.

 

The Local Government Advisory Board has reviewed Council’s decision and has requested that a further review be undertaken prior to the 2023 election to resolve the imbalance between elector numbers and representation in the Dampier Ward. Officers will schedule the review to commence in late 2022.

 

Question Seven (7)

 

Are we now only providing service and representation to those who have the time, education, confidence to engage in an informal electoral process?

 

Response provided by James Watt, Director Corporate Services:

 

Council resolved to maintain the status quo in relation to Ward Representation.

 

Question Eight (8)

 

Shinju Matsuri Festival 2020

 

It’s been a few meetings and I know we’ve had trouble communicating lately, but, I’m still waiting on my answer to the question on what economic returns there were to the management, arts and allied sectors within Broome?

 

This was dependent on the Shire receiving documentation from the Perth based contractor outlining what was spent here in procuring equipment & services in support of their community events (very little).

 

Response provided by Nathan Cain, Director Development and Community:

 

Shire officers have recently received the Audited Financial Statements, and other accompanying acquittal documentation, from Shinju Matsuri Inc. and are in the process of reviewing them.

 

Question Nine (9)

 

Why has the Shire withdrawn the proposed toilet from the Cemetery redevelopment plan?

 

Response provided by Andrew Graffen, Director Infrastructure:

 

As detailed in item 9.1.3 Broome Cemetery Master Plan 2020 a Councillor project Brief was presented for consideration as part of the 2020/21 Budget. This Project brief was supported, and budget allocated within the 2020/21 financial year on the basis that the toilet would be for restricted access and the final location informed by the Cemetery Master Plan 2020. These works are anticipated to commence early in 2021. The toilet location is included in the Cemetery Master Plan 2020 as attached to the item.

 

The following questions were asked by Brendan Renkin at the Annual Electors Meeting and taken on notice by the Chair.

 

Question One (1)

 

The annual report refers to the community scorecard. In that scorecard only 35% of residents agreed that rates provided value for money, 9 points below the State average and 28 points below the best rated Shire in the State. Does the Shire have an explanation for why 65% of residents think that rates aren’t value for money? Does the Shire plan to do anything different to address this?

 

Response provided by James Watt, Director Corporate Services:

 

Responses to the survey on value for money for rates indicated an increase of 3 points since the previous survey suggesting a minor improvement in this area. Rates are still high in comparison to other local governments in the State for a variety of reasons including the additional cost of doing business in the Kimberley.

 

Council has developed an action in its Corporate Business Plan to provide a framework for assessing and reporting on value for money and continues to work towards ensuring long term financial sustainability, while delivering value for money for rates.

 

This commitment has been demonstrated over the past 5 years with rate increases of 2% in 2016-17, 1.75% in 2017-18, 1.78% in 2018-19, 1.75% in 2019-20 and 0% in 2020-21. The five-year period has delivered the lowest rate increases in recent history while still allowing Council to deliver significant transformative projects and improve service delivery within the district. 

 

Question Two (2)

 

Why are staff attending the meetings of the Broome Futures when it’s a private board and what are they doing there?

 

Response provided by Nathan Cain, Director Development and Community:

 

The West Kimberley Alliance (formally Broome Future Alliance) can invite stakeholders to their meetings as either presenters or observers. Shire of Broome Officers have been invited to attend meetings during 2020 as either observers or to present updates on specific projects (e.g. 3 Year Broome COVID-19 Recovery Plan and Cable Beach Foreshore Redevelopment business case).

 

 

Public Question Time – Ordinary Meeting of Council 25 February 2021

 

The following questions were submitted by Andrew Chambers prior to the meeting:

 

Question One (1)

 

Item 9.4.3 – Model Code of Conduct for Council Members, Committee Members and Candidates.

 

The background to this matter has the following point: greater transparency through more information being made more easily accessible online.

 

Can the officers and CEO please outline what steps are in play to meet this objective with regard Agenda Briefing Meetings and any Public Council Meetings?

 

Response provided by James Watt, Director Corporate Services:

 

The State Government’s Local Government Act reforms introduced significant legislative changes, some of which pertain to the availability of online information. The intent of the change is to ensure that information is more easily accessible for community members who cannot visit their local government office during working hours, including those in remote locations.

 

The reforms require that various documents currently held by the local government are published online as detailed in Regulation 29(c) of the Local Government (Administration) Regulations 1996. There are numerous documents included however most were already available on the Shire’s website. The following documents have been made available since the introduction of the reforms:

-       Gift and Travel Register (section 5.82 and 5.83)

-       Councillor Mandatory Training Register

-       Attendance at Events Policy.

 

Council’s Forums of Council Policy outlines the management of Ordinary Council Meeting and Agenda Briefings. This Policy was last reviewed in December 2019 with the next review scheduled to be completed in December this year.

 

Question Two (2)

 

May we consider remote attendance for communities? Is there a plan in place that will make it successful

 

Response provided by James Watt, Director Corporate Service:

 

There were conservations during the recent Local Government Act review consultation however no changes have been mandated through the revised legislation. There were changes made to allow attendance of Councillors and officers through electronic means during a State of Emergency. The Shire has been operating under these amended regulations since the COVID pandemic started.

 

A number of other local governments have recently implemented remote attendance and it is an industry trend that Council is keeping a close watch on, however at this point Council has not made a decision to stream meetings.

 

Question Three (3)

 

Item 9.3.1 Draft Economic Development Strategy for Endorsement for Public Comment.

 

Can officers of the Shire please explain how and why the West Kimberley Alliance, funded through this Shire manages to attain Level 1 Stakeholder Status when it’s membership is almost entirely drawn from organisations already present and identified?

 

Response provided by Nathan Cain, Director Development and Community:

 

The mission of the West Kimberley Alliance is to advocate for, promote and facilitate environmentally sustainable, economic, social and cultural development in Broome and the West Kimberley Region in areas where there are strong economic fundamentals when broad community alignment can be achieved.

 

It’s board representation is broader than other level 1 stakeholders identified.

 

The following questions were submitted by Brendan Renkin prior to the meeting:

 

Question One (1)

 

Can the Shire advise how it manages conflicts of interest for the directors of WKA who are also Shire Councillors? For example, in the minutes of WKA in November 2019 WKA Director Harold Tracey gave advice to the board about a funding application by WKA to the Shire of Broome. How does the Shire manage an issue like this when a director of a company seeking funds may also be a Shire Councillor?

 

Response provided by Nathan Cain, Director Development and Community:

 

The Local Government Act 1995 (the Act) places specific obligations on elected members to act honestly and responsibly in carrying out their functions.

 

Generally, those obligations include the lodgement of disclosure of interest returns, the lodgement of written declarations and the verbal disclosure of financial interests at council and committee meetings.

 

The onus is on elected members to determine whether they are affected by the financial interest provisions in relation to a matter under consideration by the Council.

 

Question Two (2)

 

Can the Shire provide the public with details about the planning group that was proposed to examine opportunities and challenges arising from the KMSB project? Was the Shire invited to attend such a group, was the matter brought before the Shire Council and was a representative of the Shire appointed to the group?

 

Response provided by Nathan Cain, Director Development and Community

 

Shire officers are not sure of the details of “the planning group” referenced in the question and who this relates to. Therefore the question is taken on notice.

 

The Chairperson asked for questions from the floor. Michael Leake asked the following questions:

 

Question One (1)

 

In today’s agenda there is an item relating to RPS Group and their role in the Economic Development Strategy which cites that this organisation comes with extensive experience in that particular field.

 

It is my understanding that at the time of the signing of the MOU with BFA, that BFA had no staff. Therefore, to ensure that ratepayers funds were not going to be wasted, what due diligence and procedures were followed to ensure that BFA had the necessary staff, expertise and experience to carry out the requirements as per the MOU, and what alternate organisations were not accepted for this role and why?

 

The Chairperson took the question on notice.

 

Question Two (2)

 

Clause 8 of the MOU with Broome Futures clearly outlines that a Strategic Plan is to be completed within 12 months of signing of the MOU which I believe was sometime early in 2020.

 

Has the Shire received a copy of the strategic plan and will it be made available publicly, or if the Shire hasn’t received such a plan, how will the Shire obtain such a strategic plan (given that I now believe that BFA no longer has any staff), and thus ensure that ratepayers funds have been used effectively and not wasted?

 

The Chairperson took the question on notice. There were no more questions from the floor. The Chairperson asked for additional question submitted prior to the meeting.

 

The following questions were submitted by Andrew Chambers prior to the meeting:

 

Question - Item 9.4.3 – Model Code of Conduct for Council Members, Committee Members and Candidates.

 

Schedule 1. Model Code of Conduct –

A Council or Committee member should:

(d) be open, accountable to, and represent, the community in the district.

 

In reference to previous notices (or threats there of) of breach or disciplinary actions against Councillors for publicly representing their community in opposition to Council actions and or decisions how will any future public comment or protest against future or current Council actions be treated if you are to respect the clause on accountability, respect the diversity of this community, and that while the Council views itself as a collective of impartial, harmonious representatives, respect the necessity for publicly expressed opposition to the actions and choices made by a simple majority of voting Councillors?

 

Response provided by James Watt, Director Corporate Services:

 

The Local Government (Model Code of Conduct) Regulations 2021 replace the now repealed Local Government (Rules of Conduct) Regulations 2007.

 

Provisions within the repealed Rules of Conduct Regulations prevented elected members from publicly opposing a decision of Council, regardless of whether the elected member believed they were acting in a personal capacity. The Chief Executive Officer was required to report breaches of the Rules of Conduct Regulations to the Local Government Standards Panel.

 

Elected members have been provided training on their obligations under the Rules of Conduct Regulations following election, through mandatory induction and training delivered by the Department and through induction and training offered by the Shire.

 

The recently introduced Model Code of Conduct Regulations include identical provisions as the repealed Rules of Conduct Regulations and as such breaches of these provisions will be treated in a similar manner.

 

The following questions were submitted by Brendan Renkin prior to the meeting:

 

Question One (1)

 

My question refers to the relationship between the Shire of Broome and Broome Futures – now known as the West Kimberley Alliance (WKA). When the Shire provided around $160,000 to WKA it entered into a memorandum of understanding with WKA, that imposed obligations on the WKA - my questions relate to whether the Shire has taken any steps to make sure WKA is complying with the agreement and that the Shire is getting value for money.

 

Has the Shire received any written reports on WKA’s activities in implementing the Broome Growth Plan? And have these reports been made public? If not, what actions has the Shire taken to ensure that WKA is meeting its obligations to the Shire under the MOU?

 

Can the Shire explain why it is again seeking the acquittal – as set out in the agenda papers – when it has the right under the MOU to demand the accounts of WKA at any time?

 

Response provided by Nathan Cain, Director Development and Community:

 

It is common practice to receive an annual progress report and acquittal of funding from recipients of granted funds by government.

 

The Shire has requested this from West Kimberley Alliance and has not had cause to “demand” these accounts to date having viewed a draft document outlining the key activities undertaken by West Kimberley Alliance (formerly Broome Future Alliance).

 

When finalised, the report produced by the West Kimberley Alliance will be their report to make public, should they so choose.

 

Question Two (2)

 

The Shire recently awarded a tender for the construction of a roundabout at the intersection of Saville and Herbert Street. Since the completion of the roundabout there have been 4 rainfall events which have resulted in pindan runoff washing on to the road, completing covering the north east exit, to a depth of 100mm or more, creating a traffic hazard. The pindan has been subsequently removed by the Shire’s streetsweeper spending several hours at the intersection, only for it to return the next time it rains.

 

Can the Shire explain if the roundabout was designed to wash pindan on to the road and if not, who is responsible for the defect? And who is responsible for its rectification and the costs of the streetsweeper?

 

Response provided by Andrew Graffen, Director Infrastructure:

 

The roundabout was not designed specifically to wash pindan on to the road. Roundabouts are generally adopted at an intersection due to their safety benefits (i.e. low speeds and improved impact angles). The key components for the design of roundabouts have the following objectives:

·         Maximise safety;

·         Maximise operational efficiency;

·         Minimise costs associated with construction, maintenance and use of the route;

·         Minimise adverse impacts on the environment; and

·         Be aesthetically pleasing.

 

Due to the flat topography of Broome, it is generally unfeasible to utilise underground drainage, and as such, the road and road reserves are designed to function as open-drain channels. Egress of material from the verge onto the road network is an unfortunate outcome of our drainage solutions and the weather events we experience.

 

For this reason, the Shire of Broome have a Scarab Mistral Street Sweeper as part of our fleet and a dedicated fulltime position to deliver planned and reactive street sweeping activities. There is no additional cost for the reactive sweeping of this intersection as it is delivered using internal resources and is captured within the annual operational budgets.

 

The $690,000 project was fully funded through the Australian Government Black Spot program and will be finalised with landscaping and associated verge treatments in March 2021. The volume of material egress is anticipated to reduce as the material behind the kerb balances and the landscaping works are completed.

 

Public Question Time closed at 5:19 PM.

 

The following questions were submitted by Brendan Renkin prior to the meeting but were not responded to at the meeting due to public question time exceeding the time limit:

 

Question One (1)

 

At the December OMC, during the debate on Cr West’s amendment to reallocate $185,000 from Cable Beach to community safety Cr Male said, and I quote "if you were at the community safety meeting on Monday you would have heard that the Treasurer said he can fund anything".

 

Given Cr Male's long experience in the disappointments of the Shire having funding requests knocked back from the State Government, can the Councillor explain what exactly she meant by the statement?

 

Response prepared by Cr Desiree Male:

 

The debate and comments to which you refer to were in regard to Council’s deliberations on the adoption of our Corporate Business Plan (CBP). The CBP contains actions and initiatives that the Shire proposes to deliver on in the next 4 years, including a funding strategy. The debate was in regard to $185k of municipal funds being reallocated from the Council endorsed Cable Beach Foreshore Masterplan Redevelopment project towards community safety. As background, the Cable Beach Project has been subject to many years of planning and community consultation and now has a completed Business Case. The Shire’s Draft Community Safety Plan has not been tabled to Council for formal endorsement at this time.

 

My reference to the Treasurer was in regard to external funding being available for community safety initiatives. This being the case it would be more appropriate for the Shire to secure the external funds in the first instance than burden ratepayers with the expense. In the first instance we need to actually determine what the community safety initiative is that we wish to pursue.

 

As we all know funding is not always a given, however I don’t think anyone here tonight can dispute the amount of funding the Shire of Broome has received in the past four years has well exceeded any funding support from any government in the history of Broome.

 

Question Two (2)

 

Is the Shire of Broome aware that the Shire’s representative on the WKA board is unable to locate copies of documents sent to his Shire Councillor email address for the August 2020 WKA board meeting? Can the Shire indicate whether this is in accordance with the Shire’s document management policy? And if not, what steps is the Shire is taking to remedy this?

 

Response provided by James Watt, Director Corporate Services:

 

Councillors are required to retain records relating to their role as a Councillor for the Shire of Broome in a manner commensurate with legislation and the Shire’s policies and procedures for record keeping.

 

Councils Records Management Policy prescribes a systematic and organised approach to the management of Shire records. The policy applies to all records created or received by employees and Councillors in their official capacity and is available on the Shire website.

 

Councillors must create and keep records of communications or transactions, which convey information relating to local government business or functions. Council electioneering and personal records of Councillors are exempt, as are materials that do not relate to local government projects or business activities.

 

The Shire provides an induction to elected members which includes details on Councillor record keeping responsibilities, and provides training and information in relation to record keeping requirements to staff and Councillors.

 

Question Three (3)

 

In the evaluation of the Banded Drinkers Register in the Northern Territory the medium-term evaluation found that the introduction of the system had a number of unintended consequences that negatively effected the perception of tourists visiting the Northern Territory and made a number of recommendations to improve the register system. Has the Shire read the evaluation and what steps is the Shire taking to avoid the same negative impacts in Broome this tourist season?

 

Response provided by Nathan Cain, Director Development and Community

 

One of the findings of the evaluation to which you refer was tourists did not fully understand the rationale of the Register, which often then required retailers to explain this, hence delaying the purchasing process and creating a degree of frustration.

 

The evaluation report quotes, as follows:

‘Tourists were not aware of the aims of the BDR and viewed the additional procedure at POS as an inconvenience.’

 

Shire officers note the evaluation did not detail or quantify any further ‘negative impacts’ on tourism or visitation to the Territory.

 

The Department of Local Government, Sport and Cultural Industries, who will be implementing and administering the new system, will be distributing information materials to the public and takeaway alcohol retailers throughout the Kimberley region, as it has recently done in the Pilbara region, which explain the aims of the new system.

 

A web site has also been developed by State Government and includes a Frequently Asked Questions section on the Banned Drinkers’ Register.

 

In December 2020, Council resolved to contribute to pledge to support a two-year trial of the Banned Drinkers’ Register and contributing $50,000 to the State Government for an independent evaluation.

 

The Broome Liquor Accord is participating in the trial and considering exemptions for bona-fide tourists should quantity restrictions be implemented following the lifting of the State-of-Emergency Declaration conditions currently in place.

 

Shire officers deem the inconvenience of the requirement to show, and have verified, personal identification to be minor by comparison to the impact on tourists who witness anti-social behaviour generated by excessive alcohol consumption.

 

The evaluation did not quantify the “negative impacts” of said inconvenience.

 

 

6.         Applications for Leave of Absence   

 

Nil.

 

7.         Confirmation Of Minutes

 

Council Resolution:

(Recommendation)                                               Minute No. C/0221/001

Moved: Cr C Mitchell                                               Seconded: Cr B Rudeforth

That the Minutes of the Ordinary Meeting of Council held on 10 December 2020, as published and circulated, be confirmed as a true and accurate record of that meeting.

CARRIED UNANIMOUSLY 8/0

 

Council Resolution:

(Recommendation)                                               Minute No. C/0221/002

Moved: Cr P Matsumoto                                          Seconded: Cr C Mitchell

That the Minutes of the Annual Electors Meeting  of Council held on 4 February 2021, as published and circulated, be confirmed as a true and accurate record of that meeting.

CARRIED UNANIMOUSLY 8/0

 

8.         Presentations / Petitions / Deputations

Cr F West declared an Impartiality Interest in Item 8.1, the reason being ‘I live in the neighbourhood near the location. Cr F West made written declaration that she will consider the matter on its merits and vote accordingly.

 

8.1         PETITION - LOCAL PLANNING SCHEME NO.6 - AMENDMENT NO.12

A compliant petition in accordance with Clause 6.10 of the Shire of Broome Meeting Procedures Local Law 2020 signed by 122 electors was received by the Shire on 14 January 2021.

The request is as follows:

‘We the ratepayers and residents of Broome North (Bilingurr) request the Shire of Broome to cease Local Planning Scheme No 6 – Amendment No 12. We strongly oppose the rezoning of the central shopping/community precinct to residential housing for the following reasons:

 

1.   The majority of Broome North residents bought, built and invested in Bilingurr based on published plans and a clear commitment to community services and local shopping facilities as zoned within the area in question.

2.   Broome North already suffers a lot of youth-related crime and this proposed re-zoning runs the risk of worsening the situation by removing any prospect of community services in a central community location. Building more public & private housing in an area that is not designed for the extra population substantially increases this risk.

3.   Our primary school is already at capacity and a sharp increase in families into our suburb will put significant stress on the school and cause safety issues on small residential roads simply not designed for this additional use.

4.   We are here for the long term and seek good decisions for the future of Bilingurr.

The ratepayers and residents of Broome North have well considered ideas about how our ‘local centre’ can be better used in keeping with the intent of the zoning. We ask the Shire of Broome work with us to develop and progress these ideas through an effective consultation process in 2021.’

 

Council Resolution:

(Recommendation)                                               Minute No. C/0221/003

Moved: Cr F West                                                      Seconded: Cr E Foy

That Council:  

1.   Receives the petition from the ratepayers and residents of Broome North (Bilingurr); and

2.   Notes that a report on the matter that is the subject of the petition will be considered by Council at Item 9.1.2 in the agenda.

CARRIED UNANIMOUSLY 8/0

 

Attachments

 Nil

 

 

8.3 DEPUTATIONS

 

8.3.1 Kylie Brockenshire from Broome North provided a deputation in relation to Item 9.2.1 – Adoption of Proposed Planning Scheme Amendment No. 12 to Local Planning Scheme No. 6.

 

8.3.2 Paul Ferrante from Development WA provided a deputation in relation to Item 9.2.1 – Adoption of Proposed Planning Scheme Amendment No. 12 to Local Planning Scheme No. 6.

 

9.         Reports From Officers

 

9.1       People  

 

There are no reports in this section. 

 


Minutes – Ordinary Meeting of Council 25 February 2021                                                                        Page 1 of 2

9.2       Place  

Cr F West declared an Impartiality Interest in 9.2.1, the reason being “I live in the neighbourhood near the location”. Cr F West made written declaration that she will consider the matter on its merits and vote accordingly.

 

9.2.1      ADOPTION OF PROPOSED PLANNING SCHEME AMENDMENT NO.12 TO LOCAL PLANNING SCHEME NO.6

LOCATION/ADDRESS:                             Part lot 9007 on Deposited Plan 74189, Magabala Road, Bilingurr

APPLICANT:                                              RFF Pty Ltd on behalf of DevelopmentWA

FILE:                                                           LPS6/12

AUTHOR:                                                   Coordinator Planning Services

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                           Director Development and Community

DISCLOSURE OF INTEREST:                      Nil

 

 

SUMMARY:

At the Ordinary Meeting of Council held 23 September 2020, Council resolved to initiate Scheme Amendment No.12 to Local Planning Scheme No. 6 (LPS6) for the purpose of public advertising.

The application seeks to amend LPS6 by rezoning land from ‘Local Centre’ zone, ‘Local Road’ and ‘Parks, Recreation and Drainage’ to ‘Residential’, including an Additional Use for ‘Child Care Centre’ in Broome North.

The amendment was advertised for 63 days from 12 November 2020 to 14 January 2021, exceeding the required 42 days advertising period pursuant to regulation 47(4) of the Planning and Development (Local Planning Schemes) Regulations 2015.

Nine submissions (including one joint submission) and one petition were received during the advertising period.

As the amendment is consistent with the recommendations of the Shire’s Local Commercial Strategy 2017, it is recommended Council support the proposed amendment.

 

BACKGROUND

 

Previous Considerations

 

SMC 22 February 2010        Item 9.3.2

OMC 26 February 20015     Item 9.2.3

OMC 25 June 2015              Item 9.2.5

OMC 24 November 2016   Item 9.2.5

OMC 23 September 2020  Item 9.2.3

 

In March 2010 the Western Australian Planning Commission (WAPC) granted approval for the Broome North District Development Plan (BNDDP), which was prepared by DevelopmentWA to guide the future development and land uses within the Broome North development area.

 

 

The BNDDP provides for the development of two Local Centres, which would serve a secondary role to Chinatown as the primary commercial centre for Broome.

 

Located to maximise the number of dwellings within their respective walkable catchments, the role of Local Centres is to serve the convenience goods needs of the surrounding neighbourhood.

 

The BNDDP aspires for each of these Local Centres to have a total retail floor-space of 3000m2, with half of this capacity to be taken by an anchor tenant in the form of a small (1,500m2) supermarket, which is approximately half the size of a typical suburban supermarket.

 

The first of the two centres, located in ‘Waranyjarri Estate’, was released to the market by DevelopmentWA in mid-2015 via an expression of interest process.

 

Envisaged to ultimately comprise a childcare centre, medical facility, supermarket, café, specialty shops and community centre, the expressions of interest process did not attract any major anchor clients.

 

In response to this, DevelopmentWA outlined it wanted to review the two Broome North Local Centres as part of a review of the BNDDP.

 

Subsequently, DevelopmentWA in 2016 requested the Shire bring forward the review of the Local Commercial Strategy to inform the review of the BNDDP as it was originally identified in the Corporate Business Plan to occur in the 2018-2019 financial year.

 

At the Ordinary Council Meeting on 24 November 2016, Council resolved to enter into an agreement with DevelopmentWA to fund 50% of the Local Commercial Strategy, which enabled the project to be brought forward.

 

The Local Commercial Strategy recommends the position of the Local Centre in the BNDDP is reviewed.

 

In response to the recommendations of the Local Commercial Strategy, and to meet demand for residential lots, DevelopmentWA are now seeking to rezone the land to Residential.

 

At the Ordinary Council Meeting on the 23 September 2020, Council considered a request to initiate Scheme Amendment No. 12 and made the following resolution:

 

Council Resolution:

(Report Recommendation)                                 Minute No. C/0920/001

Moved: Cr C Mitchell                                               Seconded: Cr B Rudeforth

That Council:  

1.       Pursuant to section 75 of the Planning and Development Act 2005, amends the Shire of Broome Local Planning Scheme No. 6 for the purposes of public advertising by:

(a)    rezoning part lot 9007 on Deposited Plan 74189 in Bilingurr from Residential R30/40; Residential R40; Local Road Reserve and Town Centre to Residential R20;

(b)    amending the Scheme Map accordingly.

2.       Advises the applicant the Scheme Amendment Report is to be updated to incorporate the following:

(a)    Additional use for ‘Child Care Centre’ being removed or the additional use boundary is adjusted to cover the proposed footprint of the Child Care Centre.

3.       Determines the amendment is a standard amendment under the provisions of the Planning and Development (Local Planning Schemes) Regulations 2015 for the following reasons:

(a)    It is consistent with the Shire’s Local Planning Strategy and Shire’s Local Commercial Strategy;

(b)    It will have minimal impact on land in the scheme area; and

(c)    It will not result in any significant environmental, social, economic or governance impacts on the land in the scheme area.

4.       Requests the Chief Executive Officer forward this resolution and the amendment documentation to the Environmental Protection Authority pursuant to section 81 of the Planning and Development Act 2005; and

5.       Subject to the advice of the Environmental Protection Authority under section 48A of the Environmental Protection Act 1986 the amendment is not subject to formal environmental assessment, requests the Chief Executive Officer advertise the amendment for 42 days as per the Planning and Development (Local Planning Schemes) Regulations 2015.

CARRIED UNANIMOUSLY 5/0

 

 

The Scheme Amendment Report (see Attachment 1) was updated by adjusting the additional use boundary for ‘Child Care Centre’ to only cover a 2600 m2 area of the site as per action 2 of the resolution before being advertised.

 

The revised zoning map is available at Attachment 2.

 

Given the timing of the consent to advertise occurring over the Christmas / New Year period, the proponent agreed to advertising being extended to three weeks to ensure the community had extensive opportunity to comment.

 

Nine submissions (including a joint submission with 213 signatures) and one petition with 122 signatures were received during the advertising process.

 

COMMENT

 

In accordance with the resolution of Council at the September 2020 Ordinary Meeting, the Scheme Amendment was forwarded to the Environmental Protection Authority which advised the amendment did not need to be assessed under the Environmental Protection Act 1986.

 

The amendment was then advertised for 63 days (being a period in excess of the required 42 days) and is now being presented to Council for final consideration.

 

Planning Considerations

 

The Planning and Development Act 2005 (the Act) and the Planning and Development (Local Planning Scheme’s) Regulations 2015 (the Regulations) prescribe the process for amending a Local Planning Scheme.

 

In considering a request to amend a Local Planning Scheme, consideration is required to be given to relevant State Planning Policies, the Local Planning Strategy and any State informing strategy or document prepared to guide land use and development.

 

There is also a requirement to consider submissions received.

 

The request for amendment is assessed against the relevant considerations, as follows:

 

State Planning Strategy 2050 (SPS 2050)

 

The SPS 2050 was adopted in 2014 by the WAPC.

 

The State Planning Strategy provides the strategic context for planning and development decisions throughout the State.

 

The Strategy includes key elements regarding land supply which are relevant to the proposed amendment outlined in Table 8 of the SPS 2050 including:

-        Well-serviced regional towns have a built-in capacity to cater for forecast growth and future expansion;

-        Effective land supply monitoring and modelling tools guide infrastructure and servicing agencies;

-        Affordable and well-located land is accessible and well-serviced, especially to align with affordable housing demands; and

-        Government leads by example in the delivery of affordable land.

 

The proposed amendment is lodged by DevelopmentWA to support its efforts to ensure an adequate pipeline of readily accessible, affordable, and well-located residential land can be quickly brought to market in Broome.

 

The loss of the commercial land zoned Local Centre has been raised as a concern through submissions including the petition received, however the proposed Scheme Amendment is consistent with the Shire’s Local Commercial Strategy and the concerns raised are responded to in more detail in the relevant section of the report.

 


 

Kimberley Regional Planning and Infrastructure Framework 2015 (KRPIF)

 

The KRPIF was adopted by the Department of Planning to provide strategic direction for the future development of the Kimberley region over the next 25 years and seeks to ensure development and change in the Kimberley is achieved in a way improving people’s lives and enhances the character and environment of the region.

 

Key Planning initiatives with respect to settlement in the KRPIF relevant to the proposed amendment are:

4b.    Identify future land requirements for residential, commercial and industrial purposes in local planning strategies and schemes by:

-        determining future demand and timing scenarios;

-        identifying opportunities for private sector involvement in urban and development;

-        identifying infrastructure requirements; and

-        identify future land requirements for public utilities

 

4c.    Facilitate the release of additional residential, commercial and industrial land in areas have been identified for future development by:

-        timely resolution of land tenure issues;

-        identifying and addressing development constraints and formulating strategies to address these;

-        inundation as a result of climate change;

-        providing adequate and appropriately zoned land; and

-        ensuring utility, community and transport infrastructure capacity is enough.

Given the Shire’s Local Commercial Strategy 2017 indicates the site is not viable for commercial purposes (refer to the Local Commercial Strategy Section of this report), alternative land use and zoning should be considered.

Whilst the proponent has suggested ‘residential’ is an appropriate alternative zoning, several submissions have raised concerns with additional ‘residential land’.

This issue is considered further in the Local Planning Strategy section of this report.

 

Local Planning Strategy (LPS)

The LPS was adopted by the Shire of Broome and endorsed by the Western Australian Planning Commission in August 2014.

The Shire has commenced a review of the Strategy in parallel with LPS6.

The Report of Review was adopted by the Shire of Broome in February 2020 and subsequently by the WAPC in April 2020.

Whilst the current LPS remains, it is important to note one of the actions identified within the document is to review the Shire of Broome Local Commercial Centre Strategy.

 

This review has occurred with Council adopting a revised Local Commercial Strategy in 2017.

 

Importantly, the LPS regularly references the Local Commercial Strategy with relevant instances being:

 

1.   Section 2.4.7 Retail, Commercial and Activity Centres

 

This section provides several objectives, strategies and actions are linked to the Local Commercial Strategy as an informing document. Relevant examples include:

 

-     Objective 1: To provide for a range of retail and commercial uses to support the economic and population growth of the Shire.

-     Objective 3: To provide local activity centres within residential neighbourhoods and secondary centres.

-     Strategy 5: Ensure appropriately located local activity centres to provide for the day-to-day retail and service needs of the population.

-     Action: Review the Shire of Broome Local Commercial Centre Strategy.

-     Action: Zone the local centres identified within local development plans for Broome North as local centres.

 

2.   Section 3.2.10 of the LPS provides the following description of Local Centre areas (note: the subject site is identified as ‘Local Centre’ under the LPS):

 

Areas designated as local centres identify existing and proposed neighbourhood and local centres, which provide for convenience shopping. The designation reinforces the role of these centres to serve the surrounding neighbourhood for convenience goods, as outlined in the Local Commercial Strategy. Community facilities may also develop in these centres.

 

3.   Section 5.5 Local Commercial Strategy 2007 (LCS07)

 

Provides an overview of the LCS07 which gives context to how it was considered throughout the LPS.

 

Whilst part of the subject site is identified as ‘Local Centre’ under the LPS, the remainder is identified as ‘Residential’.

 

Given the revised Local Commercial Strategy 2017 indicates the land is not recommended to be developed for commercial (i.e. ‘Local Centre’) purposes, it has been contended by the proponent the surrounding ‘Residential’ land use should be applied.

 

The proposed ‘Residential’ zoning was raised as a concern in several of the submissions received.

 

Concerns include a lack of accessible community infrastructure to support the increased population ‘Residential’ rezoning would provide and potential for increased anti social activity particularly if more community housing was provided.

 

There were also comments made regarding other ‘Residential’ opportunities being already available.

 

The LPS includes population projections which clearly identified there will be demand for ‘Residential’ land to support the increased population.

 

The site is appropriately located and has access to a range of community infrastructure including a primary school and parks.

 

A yield assessment has been undertaken between the current Residential land and R Code densities and compared with the Residential land and R Code densities proposed by the Scheme Amendment.

 

Current zoned land and densities provide for up to seventy-four (74) multiple dwellings based on a 75m2 average multiple dwelling size.

 

An indicative residential subdivision for the proposed zoning and density provides for thirty-four (34) single house lots. (See page 15 of Attachment 4).

 

This suggests the changes would reduce the population being housed on the land and therefore no increased demand for community infrastructure would result due to the proposed Scheme Amendment.

 

Existing community infrastructure and facilities are shown on Figure 13 of the LPS (Attachment 6).

 

This shows there are no existing Community Infrastructure and Facilities within Broome North with most existing Community Infrastructure and Facilities being in Chinatown and Old Broome locations.

 

This reflects the historical development of Broome and the population being served. In most instances the Community Infrastructure and Facilities are servicing the entire population, which is the most effective and efficient way of serving the community.

 

However, it is acknowledged as the population increases, service pressures may result in new and / or duplication of Community Infrastructure and Facilities to meet with the growing demand for services. The Local Planning Framework provides processes for the consideration and location of such facilities including within the Broome North locality.

 

Local Commercial Strategy 2017 (LCS17)

 

The Shire’s LCS17 was adopted by Council on 19 October 2017.

 

LCS17 reviewed the previous Local Commercial Strategy adopted by Council on 7 June 2007.

 

LCS07 was an informing document of the LPS.

 

The context of LCS17 is it has reviewed the LCS07 recommendations, drawing on insights from local commercial enterprises, government and major facility operators, population trends and household and business expenditure data, to prepare recommendations for a new medium and long-term Commercial Land Strategy.

 

Of specific consequence to the merits of the proposed Scheme Amendment, LCS17 identifies a four-level commercial centre hierarchy of:

1.   Regional Centre (i.e. Chinatown)

2.   District Centre (e.g. Boulevard Shopping Centre)

3.   Local Centre (e.g. Reid Road IGA)

4.   Convenience Retail (e.g. Fongs Store)

 

LCS17 concluded:

while there is enough vacant land to support future (projected) demand, the location and suitability of much of this land is less than ideal’.

 

In summary, LCS17 recommended Broome North could only support one District Centre and one Local Centre.

 

Furthermore, LCS17 recommends the location of the District Centre be on the northern corner of Fairway Drive and Gubinge Road and the Local Centre at the future intersection of Magabala Road and Fairway Drive (refer Attachment 5).

 

In relation to the existing ‘Local Centre’ zoned land (i.e. the proposed amendment site) LCS17 states:

 

The land currently set aside for the Broome North (South) local centre is considered insufficient for accommodating a district centre and may be too close to the future district centre to be sustainable. Further consideration is needed on appropriate, alternative land uses for this site and the need for an engagement strategy with residents on the future use of the site.

 

In this instance, Council is not proposing the rezoning of the land, the landowner (DevelopmentWA) is. Subsequently, statutory requirements to consider the merits of this scheme amendment precedes the review of relevant Structure Plans in Broome North, which would consider alternative uses for the land with associated community engagement with residents. (See Broome North District Development Plan section in the report).

 

The Scheme Amendment has been advertised in accordance with statutory requirements which has highlighted considerable community interest in the zoning of this parcel of land with many submissions advocating tor the land to remain ‘Local Centre’ and other suggesting it be used for other ‘community’ purposes and/or infrastructure.

 

Given the Local Commercial Strategy concludes the site is not suitable for a Local Centre, an alternative land use and therefore zoning should be considered. Whilst the engagement strategy alluded to in LCS17 may have led to a range of alternative being considered, Council is required to consider the merits of the proposed ‘Residential’ land use and zoning for the site.

 

Broome North District Development Plan (BNDDP)

 

The subject site was previously zoned ‘Development’ under Town Planning Scheme No 4 and formed part of the broader Broome North precinct. Prior to any development occurring within the precinct, a ‘Structure Plan’ was required. The Deemed Provisions describes a Structure Plan as ‘a plan for the coordination of future subdivision and zoning of an area of land’. The objective of a Structure Plan is to implement the Local Planning Strategy.

 

The structure planning for Broome North was provided in the form of the BNDDP and three ‘Local Development Plans’. The BNDDP provided a higher order planning response to the precinct whereas the three ‘Local Development Plans’ provide further details on specific areas within the Broome North precinct.

 

Whilst the BNDDP remains a relevant consideration, it is important to note the Shire is not bound by a BNDDP. This is best identified by clause 27 (1) of the Deemed Provisions, which states:

 

A decision-maker for an application for development approval or subdivision approval in an area is covered by a structure plan has been approved by the Commission is to have due regard to, but is not bound by, the structure plan when deciding the application.

 

In this regard, the BNDDP currently identifies the site as ‘Local Centre’ which as previously noted, is inconsistent with the Local Commercial Strategy 2017 and in effect, the Local Planning Strategy. DevelopmentWA have engaged consultants to submit an amendment to the BNDDP however, this plan is still being prepared and is expected to be presented to Council for consideration soon.

 

When initiation of the proposed Scheme Amendment was considered by Council, the following was highlighted:

 

Whilst for completeness, it would be beneficial to have the proposed amendment to the BNDDP under consideration before or in conjunction with this proposed Scheme Amendment, the Shire is not bound by the BNDDP. By requiring the BNDDP amendment to be completed prior to, or concurrently with, the proposed Scheme Amendment would result in time delays to the consideration of the proposed Scheme Amendment. This in turn would have flow on effects to the release of land now being proposed for residential purposes.

 

Given the commitments to review the BNDDP and the changes proposed are supported by the Local Commercial Strategy, on this occasion, it is considered the Scheme Amendment can progress in advance of the amendment to the BNDDP.

 

The proposed BNDDP review would include revised maps consistent with LCS17 and reiterate how the Shire’s commercial strategy (i.e. LCS17) will be achieved within Broome North.

 

Importantly, it will show commercial opportunities and key community infrastructure such as schools and parks (key concerns raised through submissions) are planned for within Broome North, including the developer’s intent for the subject site.

 

Given the concerns raised through submissions, consideration of ‘proper and orderly’ planning is relevant (i.e. whether the BNDDP review is to be completed prior to adopting the proposed Scheme Amendment). This is not recommended for the following reasons:

1.   It would be inconsistent with Council’s decision to initiate the Scheme Amendment prior to the BNDDP being reviewed.

2.   Any revised BNDDP should reflect the established Local Planning Framework including the Shire’s commercial vision and spatial layout for Broome North which is detailed through LCS17 previously adopted by Council.

3.   The BNDDP is unlikely to support an alternative outcome to that proposed by the Scheme Amendment.

4.   Council is required to consider the scheme amendment within 60 days of the of the submission period closing.

 

Broome North Local Development Plan No1 (LDP1)

 

LDP1 provided for the more detailed structure planning of the current Broome North footprint within the broader Broome North precinct of the BNDDP.

 

Whilst LDP1 assists in providing context to the planning consideration and processes leading to the current zoning of the subject site, it is not considered to be a relevant consideration for the proposed Scheme Amendment, given the land is now zoned in LPS6.

 

Residential Coding in terms of State Planning Policy 7.3 - Residential Design Codes (RDC)

 

In addition to proposing the entire site be zoned for ‘Residential’ purposes, it is also proposed to apply a R20 coding to the entire site.

 

This section will consider the appropriateness of the density.

 

R20 coding is a low-density coding whereas the existing R30/40 and R40 coding applying to the existing ‘Residential’ zoned parts of the site are medium density codlings.

 

R20 coding requires a minimum site area of 350m2, while R30 and R40 require minimum site areas of 260m2 and 180m2 respectively. 

 

The LPS provides direction regarding the provision of housing density and in this regard the following are relevant:

 

The Residential designation provides for a variety of dwelling densities across the Scheme Area, based on the Housing Strategy. It reflects densities to accommodate the population structure and growth and to reflect the character of the various Precincts. Planning for future residential areas is predominantly based on a gross density of around 10 lots per hectare, which provides for a net density of around R20.

 

Support and provide medium density in areas that are near to community services or facilities including local centres and recreation areas.

 

Given the previously proposed ‘Local Centre’ is no longer considered appropriate, one of the key considerations supporting the land being developed to medium density will have been lost.

 

Therefore, if the rezoning to ‘Residential’ is supported, the lower density R20 coding would be more appropriate given the neighbourhood context and characteristics of the site.

 

‘Child Care Centre’ as an Additional Use under Schedule 2 of LPS6 for the subject site

 

‘Child Care Centre’ is a “P” permitted use under the existing Local Centre zone and a level of community expectation exists that such a facility would be provided in this general location.

 

However, under the proposed Residential zoning, Child Care Centre is identified as an “A” (discretionary) land use requiring advertising prior to an approval being granted.

 

DevelopmentWA continues to liaise with the Child Care sector and is seeking to provide greater certainty for the development of a new Child Care Centre.

 

In this regard, the applicant has now identified an area of 2600m2 on the Shingoro Street frontage of the site between Tanami Drive and Yakoo Mall for the additional use.

 

This would have the affect of ‘Child Care Centre’ being a “P” (permitted) use in the identified location.

 

Relocation of community garden

 

The subject site currently contains a community garden and book exchange.

 

These facilities are located partially on land zoned ‘Local Centre’ and partially on land reserved for ‘Parks, Recreation and Drainage’.

 

The portion of the land currently reserved for ‘Parks, Recreation and Drainage’ is approximately 375m2.

 

The Scheme Amendment seeks to zone the land currently reserved for ‘Parks, Recreation and Drainage’ to ‘Residential’.

 

If supported, DevelopmentWA have advised the community garden and book exchange would be relocated to another appropriate location accessible to community members.

 

Whilst no alternative locations have been provided, the proponent has advised that relocation would be to a reserve either already vested to the Shire or intended to be vested to the Shire as Public Open Space via a future subdivision.

 

Given the footprint needed for the community garden and book exchange, incorporating these into existing or future Public Open Space is considered appropriate.

 

State Planning Policy

 

The following State Planning Policies are applicable to this Scheme Amendment:

 

SPP 3.0 – Urban Growth and Settlement (SPP 3.0)

SPP 3.7 – Planning in Bushfire Prone Areas (SPP 3.7)

 

State Planning Policy 3.0 sets out the principles and considerations which apply to planning for urban growth and settlement in Western Australia.

 

Core principles and objectives of SPP 3.0 include the efficient use of existing and serviced land to support regional population growth in advance of new development. 

 

The proposed amendment will enable new residential development where existing infrastructure is already in place to service the development and a high level of amenity can be offered to future residents given the existing recreational infrastructure near the site.

 

The subdivision and development of the site for residential purposes can occur in advance of new greenfield expansion in Broome North which will see the provision of additional Public Open Space and other infrastructure to meet Liveable Neighbourhood design principles. 

 

The subject site is partly within the bushfire prone area.

 

SPP 3.7 requires a Scheme Amendment be accompanied by a Bushfire Hazard Level (BHL) assessment or Bushfire Management plan to determine the applicable bushfire hazard level and bushfire risk across the subject land.

 

The Scheme Amendment Report contains a Bushfire Attack Level (BAL) assessment and response (refer to Appendix 3). The report specifies a Bushfire Attack Level (BAL) range of BAL-LOW to BAL-19 applies.

 

The report was referred to and supported by the Department of Fire and Emergency Services (DFES) subject to a minor modification. No further bushfire management measures are required for the proposed Scheme Amendment.

 

Matters raised in submissions

 

Many of the matters raised in submissions have been responded to throughout the report above and at Attachment 3 - Schedule of submissions).

Additionally, the proponent was also provided with a copy of the submissions and provided a response which can be found at Attachment 4 – Applicant’s response to submissions.

 

Matters raised are summarised as follows:

1.   Residents would like to see the land developed as a ‘Local Centre’;

2.   Concerns residential development will include social housing and result in increased anti social activity;

3.   Lack of community infrastructure for existing population including for older children;

4.   Traffic Concerns relating to development of the site; and

5.   Lack of capacity within Broome North Primary School.

 

Several submissions highlight community expectations had been established when properties were first purchased including the subject site would be developed as a ‘Local Centre’.

 

However, the proponent has stated efforts to establish a Local Centre have failed in part due to locational and commercial viability issues.

 

This position is consistent with the Shire’s LCS17 and further emphasised by the failed experience of the Roebuck Estate ‘Local Centre’, which is now owned and used by a local church.

 

Importantly, LCS17 went through a public consultation process prior to being adopted.

 

LCS17 recommended the commercial areas for Broome North be relocated, which is intended to be implemented through a revised BNDDP, and this proposed Scheme Amendment.

 

This will facilitate opportunities for Local and District shopping needs within the Broome North precinct in the future.

 

Whilst concerns have been raised regarding increased social housing and anti-social activity, the reality is equivalent levels of housing and population will be supported by the proposed changes as previously provided for.

 

This is due to the R Coding changes incorporated into the amendment which will ultimately see an equivalent dwelling yield for the land at a lower density than previously proposed.

 

The Shire is aware that increased instances of anti-social activity have been experienced in areas of concentrated social housing. The Shire has been actively advocating to relevant decision makers on the provision of social housing in Broome including the appropriate design and distribution of social housing with the objectives of reducing levels of anti-social activity and increasing the living standards of social housing residents. 

 

Many of the submissions raised concerns about the lack of community infrastructure.

 

In most instances a local commercial precinct and community centre were referenced together suggesting many people consider them to be linked and the commercial infrastructure to be the infrastructure most lacking.

 

However, there were also some specific examples such as the lack of facilities for older children, community noticeboard or a multi use community building raised.

 

When providing community facilities and services, the demand for, and accessibility of, facilities to users is considered.

 

In this regard, Broome North currently lacks the service population needed to provide many of the facilities and services within the footprint of the Broome North community.

 

The repositioning of commercial precincts within the BNDDP will maximise catchment areas and provide the best opportunity for commercial and community services to be feasible and sustainable long term for the betterment of the broader Broome North community.

 

Unfortunately, this may result in some facilities not being as closely accessible to submitters than if they were located on the subject site.

 

The issue of traffic safety was raised in the petition and within another submission.

 

The proposed rezoning would reduce the number of vehicle movements experienced at the site and within the surrounds once the land is developed.

 

This is due to similar residential yields being achieved by both the existing and proposed zonings and the removal of the ‘Local Centre’, which would be a significant traffic generator, in the proposed zoning under the Scheme Amendment.

 

Concerns were also raised regarding the capacity of Broome North Primary School and the impact additional residential land would have.

 

As previously mentioned, the dwelling yield will be consistent with the current zoning and therefore negligible impacts on enrolments envisaged. This was also the position of the Department of Education who had no objection to the amendment as the proposal would have ‘no significant impact’ on student enrolment demand at nearby public schools.

 

Conclusion - Suitability of Proposal

 

The Scheme Amendment application is generally consistent with the strategic direction and land use objectives under the Shire’s Local Planning Framework.

 

The proposal is also deemed to be consistent with the State Planning Strategy.

 

Whilst the concerns of the community are noted, the proposal is of sound planning merit.

 

Accordingly, it is recommended Council support the amendment and forward a copy of the Council’s resolution to Western Australian Planning Commission for determination.

 

 

 

CONSULTATION

 

The Scheme Amendment was publicly notified for 63 days being in excess of the 42-day minimum period.

 

9 submissions (including 1 joint submission) and 1 petition were received through the public consultation process.

 

Of these submissions, 7 opposed the Scheme Amendment and 2 had no objection.

 

The petition opposes the Scheme Amendment.

 

STATUTORY ENVIRONMENT

 

Planning & Development Act 2005 (P&D Act)

 

The P&D Act is the primary State legislative planning instrument and makes provision for the making of Regulations.

 

The Act makes provision for Scheme Amendments:

75.     Amending scheme

                  

A local government may amend a local planning scheme with reference to any land within its district, or with reference to land within its district and other land within any adjacent district, by an amendment —

(a)     prepared by the local government, approved by the Minister and published in the Gazette; or

(b)     proposed by all or any of the owners of any land in the scheme area, adopted, with or without modifications, by the local government, approved by the Minister and published in the Gazette.

 

Division 2 of the Act provides the Minister for Planning powers in relation to local planning schemes:

 

76.     Minister may order local government to prepare or adopt scheme or amendment

          (1)     If the Minister is satisfied on any representation a local government —

 

(a)    has failed to take the requisite steps for having a satisfactory local planning scheme or an amendment to a local planning scheme prepared and approved in a case where a local planning scheme or an amendment to a local planning scheme ought to be made; or

(b)    has failed to adopt a local planning scheme or an amendment to a local planning scheme proposed by owners of any land, in a case where a local planning scheme or an amendment to a local planning scheme ought to be adopted; or

(c)    has refused to consent to any modifications or conditions imposed by the Minister,

 

the Minister may order the local government, within such time as is specified in the order, to prepare and submit for the approval of the Minister a local planning scheme, or an amendment to a local planning scheme or to adopt a local planning scheme, or an amendment to a local planning scheme or to consent to the modifications or conditions imposed.

 

(2)     If the representation under subsection (1) is a local government has failed to adopt a local planning scheme or an amendment to a local planning scheme, the Minister, in lieu of making an order to adopt the scheme or amendment, may approve of the proposed scheme or amendment subject to such modifications and conditions, if any, as the Minister thinks fit.

 

173.   Injurious affection, compensation for

(1)     Subject to this Part any person whose land is injuriously affected by the making or amendment of a planning scheme is entitled to obtain compensation in respect of the injurious affection from the responsible authority.

(2)     Despite subsection (1) a person is not entitled to obtain compensation under this section on account of any building erected, or any contract made, or other thing done with respect to land included in a planning scheme after the date of the approval of a planning scheme or amendment, or after such other date as the Minister may fix for the purpose, being not earlier than the date of the approval of the scheme or amendment.

(3)     A responsible authority may make agreements with owners for the development of their land during the time that the planning scheme or amendment is being prepared.

 

174.   When land is injuriously affected

(1)     Subject to subsection (2), land is injuriously affected by reason of the making or amendment of a planning scheme if, and only if —

(a)     that land is reserved (whether before or after the coming into operation of this section) under the planning scheme for a public purpose; or

(b)     the scheme permits development on that land for no purpose other than a public purpose; or

          (c)     the scheme prohibits wholly or partially —

                   (i)      the continuance of any non‑conforming use of that land; or

(ii)     the erection, alteration or extension on the land of any building in connection with or in furtherance of, any non‑conforming use of the land, which, but for that prohibition, would not have been an unlawful erection, alteration or extension under the laws of the State or the local laws of the local government within whose district the land is situated.

 

 

Local Government Act 1995

 

Section 9.49A of the Act specifies the requirements for the valid execution of documents on behalf of a local government including affixing the common seal.

 

Planning and Development (Local Planning Schemes) Regulations 2015

 

Division 3 of the Regulations prescribes the process to be followed for Standard Amendments to Local Planning Schemes (Regulations 47 – 56).

 

POLICY IMPLICATIONS

 

Local Planning Policy 5.14 Public Consultation – Planning Matters (LPP 5.14)

 

The amendment was advertised in accordance with LPP 5.14

 

FINANCIAL IMPLICATIONS

 

The Scheme Amendment attracted regulated fees prescribed in Council’s adopted Fees and Charges as well as budgeted staff time.

 

Should Council not support the proposed Scheme Amendment, consideration should be given to reviewing the Local Commercial Strategy.

 

RISK

 

Reputation

 

There is risk of reputational damage due to the multi-faceted role of Council.

 

In this instance, Council has a regulatory function in the administration and assessment of the Scheme Amendment as guided by relevant legislation, strategy and policy.

 

Council’s regulatory role in determining town planning applications can at times be seen to conflict with views and concerns of individual residents.

 

In this instance, while the concerns of submitters are noted, the Scheme Amendment and the submissions need to be considered in the context of the Local Planning Framework, which is an adopted framework, developed with significant community engagement and input and informed by several planning strategies.

 

Departures from the adopted planning framework, should be exercised with caution as these documents provide the basis for all planning decisions.

 

To undermine the value of the Local Planning Framework by approving departures, in the absence of sound planning rationale, is not considered good practice.

 

Such decisions can impact upon developer investment decisions and can create uncertainty in the community in relation to Council’s position on its adopted strategies.

 

Some submitters opposing the Scheme Amendment have incorrectly assumed, or implied, the Shire of Broome is responsible for development of the subject land.

 

Financial

 

One submitter has reserved their right to seek compensation on a presumption that the proposed rezoning, if approved, will adversely impact on their property value.

 

There is a long-established precedent that property values are not a valid planning consideration.  S173 and S174 of the Planning and Development Act makes provision for compensation for injurious affection as a result of a scheme amendment, however these provisions are related to land being rezoned or reserved. As the submitter’s property is not being rezoned or reserved, the avenue for successfully seeking compensation from the Shire is unknown.

 

 

 

 

 

Ministerial Powers

 

Should Council not support the Scheme Amendment, the Minister may direct Council to do so or approve the proposed scheme amendment subject to such modifications and conditions as the Minister thinks fit.

 

STRATEGIC IMPLICATIONS  

 

People – We will continue to enjoy Broome-time, our special way of life. It’s laid-back but bursting with energy, inclusive, safe and healthy, for everyone:

 

Affordable services and initiatives to satisfy community need

 

Accessible and safe community spaces

 

A healthy and safe environment

 

Place – We will grow and develop responsibly, caring for our natural, cultural and built heritage, for everyone.:

 

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

 

Core asset management to optimise the Shire’s infrastructure whilst minimising life cycle costs.

 

Prosperity – Together, we will build a strong, diversified and growing economy with work opportunities for everyone:

 

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

 

Performance - We will deliver excellent governance, service and value, for everyone:

 

Sustainable and integrated strategic and operational plans

 

Effective community engagement

 

VOTING REQUIREMENTS

Simple Majority

 

Council Resolution

(Report Recommendation)                                 Minute No. C/0221/004

Moved: Cr N Wevers                                                Seconded: Cr E Foy

That Council:  

1.       Considers all the submissions received through the public advertising submission period for proposed Amendment No.12 to the Shire’s Local Planning Scheme No.6 as shown in Attachment 3 in accordance with regulation 50 of the Planning and Development (Local Planning Schemes) Regulations 2015.

2.       Pursuant to regulation 50 (3) (a) of the Planning and Development (Local Planning Schemes) Regulations 2015 resolves to support Amendment No 12 to Local Planning Scheme No 6, without modification by:

(a)    rezoning part lot 9007 on Deposited Plan 74189 in Bilingurr from Residential R30/40; Residential R40; Local Road Reserve and Town Centre to Residential R20, including an Additional Use for ‘Child Care Centre’;

(b)    amending the Scheme Map accordingly.

for the following reasons:

a.   The amendment is consistent with the Local Planning Framework including the Local Planning Strategy and Local Commercial Strategy; and

b.   The proposed additional use is consistent with the purpose and objectives for the Residential zone;

3.       Authorise the Chief Executive Officer and Shire President to execute three (3) copies of Standard Amendment No. 12 documentation.

4.       In accordance with Regulation 53 (1) of the Planning and Development (Local Planning Schemes) Regulations 2015, provides the Western Australian Planning Commission with:

a)      the schedule of submissions including the response of the local government in respect of each submission as shown in Attachment 3; and

b)      a copy of the Council resolution.

5.       Forwards the amendment documentation to the Western Australian Planning Commission and the Minister for Planning in accordance with regulation 44 (1) of the Planning and Development (Local Planning Schemes) Regulations 2015.

6.       Advise the Scheme Amendment applicant and submitters of Council’s decision.

CARRIED 5/4

 

The Chairperson used their casting vote in the affirmative.

 

Attachments

1.

Scheme Amendment No.12 - Report

2.

Zoning Map

3.

Schedule of Submissions

4.

Applicant's response to submissions

5.

Local Commercial Strategy Map

6.

Community Infrastructure & Facilities Map

  


Item 9.2.1 - ADOPTION OF PROPOSED PLANNING SCHEME AMENDMENT NO.12 TO LOCAL PLANNING SCHEME NO.6

 

 

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Item 9.2.1 - ADOPTION OF PROPOSED PLANNING SCHEME AMENDMENT NO.12 TO LOCAL PLANNING SCHEME NO.6

 

 

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Item 9.2.1 - ADOPTION OF PROPOSED PLANNING SCHEME AMENDMENT NO.12 TO LOCAL PLANNING SCHEME NO.6

 

 

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Item 9.2.1 - ADOPTION OF PROPOSED PLANNING SCHEME AMENDMENT NO.12 TO LOCAL PLANNING SCHEME NO.6

 

 

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Item 9.2.1 - ADOPTION OF PROPOSED PLANNING SCHEME AMENDMENT NO.12 TO LOCAL PLANNING SCHEME NO.6

 

 

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Item 9.2.1 - ADOPTION OF PROPOSED PLANNING SCHEME AMENDMENT NO.12 TO LOCAL PLANNING SCHEME NO.6

 

 

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Minutes – Ordinary Meeting of Council 25 February 2021                                                                        Page 1 of 2

 

9.2.2      DEVELOPMENT APPLICATION 2020/97 - USE NOT LISTED - BETTING AGENCY

LOCATION/ADDRESS:                             Lot 202, 106 Frederick Street, Broome

APPLICANT:                                              Hendry Group

FILE:                                                           FRE-1/106

AUTHOR:                                                   Coordinator Planning Services

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                           Director Development and Community

DISCLOSURE OF INTEREST:                      Nil

 

 

SUMMARY:

The Shire has received a development application seeking approval for a ‘Use Not Listed’ Betting Agency at Shop T22 Lot 202, 106 Frederick Street, Broome.

The application has been assessed against the Shire’s Local Planning Scheme No 6, including the purpose and objectives of the Local Centre Zone.

The application is being referred to Council for determination as several submissions have been received.

This report recommends the application be approved.

 

BACKGROUND

 

Site and Surrounds

 

Lot 202, 106 Frederick Street, Broome is a 55,840m2 property, which is zoned Local Centre under Local Planning Scheme No 6 (LPS6).

 

The site is currently developed as the Boulevard Shopping Centre containing several shops, liquor store, offices, restaurants, service station with ancillary signage and car parking.

 

The site is accessible from two points on Frederick Street including one point for access only and the other for access and egress.

 

 

 

 

 

 

 

 

 

 

 

 

Proposal

 

The application is seeking approval to use shop T22, on the outside of the Boulevard Shopping Centre, as a Betting Agency (Attachment 1) which is a Use defined in the Model Scheme Text but not within LPS6.

 

As a ‘Use Not Listed’ (in the zoning table of LPS6), which has been subject to several submissions, a decision is required on whether a ‘Betting Agency’ is an appropriate use on the site given the purpose and objectives of the Local Centre Zone.

 

 

COMMENT

 

In accordance with delegation PLA5 - Determine Development Application and Clause 3.18.2(a) of LPS6, officers determined the ‘Use not Listed – Betting Agency’ may be appropriate in the Local Centre zone and required public notice to be given prior to a determination being made.

 

Public notice of the application resulted in 10 submissions being received.

 

Details of the submissions including the officer response can be found at Attachment 2.

 

The submissions are summarised as follows:

1.       Anti-gambling sentiments;

2.       Concerns the proposed location is frequented by families and children;

3.       Concerns anti-social activity will occur in proximity of the proposed use; and

4.       Alternative location considered more appropriate.

 

Most of the submissions expressed anti-gambling sentiments and opposed the proposed location.

 

Whilst it is acknowledged that there are differing community morals in relation to gambling, it is not the role of town planning to adjudicate on the topic.

 

From a Town Planning perspective, it is important to focus on the locational factors of the proposal and determine whether it is appropriate at the proposed location. In this regard, a betting agency is like those businesses which sell alcohol or tobacco, which are legitimate businesses, despite the products they sell being subject to differing community morals (noting such businesses are located at the Boulevard Shopping Centre).

 

Several submissions raised concerns regarding the prominent location within an area frequented by families and children and the impacts this may have on ‘normalising’ gambling.

 

It is important to note entry to the proposed betting agency is restricted to adults (persons 18 years and over).

 

The proposed location is on the outside of the Boulevard Shopping Centre away from the centre entrance and near a liquor store, which is also an age restricted premise.

 

It is acknowledged many families and children access the shopping centre, however the site of the proposed betting agency is in an area unlikely to be regularly frequented by families and children due to the nature of the businesses in the immediate vicinity of the application site.

 

Whilst the concerns of ‘normalising’ gambling is noted, the promotion of gambling is controlled by State and Federal regulation of the industry not Local Government. The gambling services on offer within the business are not proposed to be advertised from outside of the premise. The signage proposed for the premises is limited to the business name ‘TAB’ and key operating matters such as hours of operation and restriction on persons under 18 from entering the building. The size and locations of these signs are in accordance with Council’s Planning Policies and are therefore exempt from the need to obtain Development Approval

 

Most submissions strongly opposed the location, and one also suggested an alternative location may be more suitable.

 

The suggested alternative is for a site located on Coghlan Street which is understood to have previously been occupied by a motor vehicle dealership and is within the Town Centre Zone.

 

It is noted there will be alternative sites the betting agency may be able to operate from in Broome, however Council is required to consider the application for the current proposed location on its town planning merit.

 

When considering what zoning would be appropriate, the purpose and objectives of the zone must be considered.

 

In this regard the Local Centre Zone which applies to the proposed Boulevard Shopping Site states as follows:

 

3.5.1  The purpose of the zone is to provide for convenience retailing, health, welfare and community facilities which serve the local neighbourhood, but which do not detract from Chinatown as the principal centre for retail and commercial activity.

 

3.5.2  The objectives of the Local Centre Zone are to:

(a)     Ensure development within the Local Centre Zone, is consistent with the Local Planning Strategy and the Local Commercial Strategy

(b)     make provision for development providing a range of convenience goods and services whilst excluding activities which may adversely impact upon the residential amenity, generate large traffic volumes or detract from the role of the Town Centre Zone as the principal centre for retail and commercial activity;

(c)     ensure the scale and design of development is consistent with a small-scale local centre serving the day to day needs of the immediate locality;

(d)     guide and control development to achieve optimum levels of safety and accessibility and allow for strategic vehicular, pedestrian, cycling and open space linkages;

(e)     ensure land uses, and developments and open space areas are of high quality and preserve or enhance the streetscape; and

(f)      ensure the local centre, land uses, and developments are complemented by landscaping and other features which enhance the appearance and reflects Broome-style architecture as specified in clause 4.12.

 

The ‘Betting Agency’ is essentially similar to a retailing activity and therefore is consistent with the purpose of the zone.

 

Additionally, given the site is located away from residential areas, it is not envisaged to impact on residential amenity.

 

The concerns of exposing children to gambling is noted, however the location of the application site on the outside of the centre, would decrease the exposure to children and families to the use itself.

 

It is acknowledged anti-social activity occurs at commercial premises from time to time, however the direct link to Betting Agencies is not clearly established.

 

Regardless, to limit the exposure of gambling to the general public, a condition can be included in the approval to restrict broadcasting from the site.

 

Conclusion

 

The number of submissions received on the application indicates a level of community concern regarding the nature of the activities associated with the proposed betting agency.

 

Although these concerns are acknowledged, the proposed use is consistent with similar retail uses currently located in the Boulevard Shopping Centre.

 

Based on the assessment of the application against the provisions of LPS6 and relevant town planning principles, the application is recommended for approval subject to appropriate conditions and advice notes.

 

CONSULTATION

 

Public consultation was undertaken in accordance with Local Planning Policy 5.14 Public Consultation – Planning Matters.

 

The application was advertised for 21 days and included a public notice in the Broome Advertiser, letters to all landowners within 100m of the site, a public notice placed on site and the application being displayed on the Shire’s website.

 

Ten (10) submissions were received during the public consultation period.

 

STATUTORY ENVIRONMENT

 

Planning and Development Act 2005

 

Planning and Development (Local Planning Schemes) Regulations 2015

 

68.     Determination of applications

(1)     The local government must not determine an application for development approval until the later of —

(a)     if the application is advertised under clause 64 — the end of each period for making submissions to the local government specified in a notice referred to in clause 64(3); and

(b)     if a copy of the application has been provided to a statutory, public or planning authority under clause 66 — the end of each period for providing a memorandum to the local government referred to in clause 66(3).

(2)     The local government may determine an application for development approval by —

          (a)     granting development approval without conditions; or

          (b)     granting development approval with conditions; or

          (c)     refusing to grant development approval.

 

77.     Amending or cancelling development approval

(1)     An owner of land in respect of which development approval has been granted by the local government may make an application to the local government requesting the local government to do any or all the following —

(a)     to amend the approval to extend the period within which any development approved must be substantially commenced;

          (b)     to amend or delete any condition to which the approval is subject;

(c)     to amend an aspect of the development approved which, if amended, would not substantially change the development approved;

          (d)     to cancel the approval.

(2)     An application under subclause (1) —

(a)     is to be made in accordance with the requirements in Part 8 and dealt with under this Part as if it were an application for development approval; and

(b)     may be made during or after the period within which the development approved must be substantially commenced.

(3)     Despite subclause (2), the local government may waive or vary a requirement in Part 8 or this Part in respect of an application if the local government is satisfied the application relates to a minor amendment to the development approval.

(4)     The local government may determine an application made under subclause (1) by —

          (a)     approving the application without conditions; or

          (b)     approving the application with conditions; or

          (c)     refusing the application.

 

 

 

Local Planning Scheme No.6

 

Deemed provisions for local planning schemes (Schedule 2).

 

 

3.18.2         If a person proposes to carry out on land any use is not specifically mentioned in the Zoning Table and cannot reasonably be determined as falling within the type, class or genus of activity of any other use category the local government may:

(a)     determine the use is consistent with the purpose and objectives of the zone and is therefore permitted;

(b)     determine the use may be consistent with purpose and the objectives of the zone and thereafter follow the advertising procedures of clause 64 of the deemed provisions in considering an application for development approval; or

(c)     determine the use is not consistent with the purpose and objectives of the zone and is therefore not permitted.

 

POLICY IMPLICATIONS

 

Local Planning Policy 5.14 Public Consultation – Planning Matters (LPP 5.14)

 

The application was publicly advertised in accordance with LPP 5.14.

 

FINANCIAL IMPLICATIONS

 

Nil

 

RISK

 

Reputation

 

There is risk of reputational damage due to the multi-faceted role of Council.

 

In this instance, Council has a regulatory function in the administration and determination of the Development Application and is guided by the Local Planning Scheme No.6.

 

Council’s determination of development applications can, at times, be seen to conflict with the views and concerns of individual constituents.

 

In this instance, while the concerns of submitters are noted, they need to be considered in the context of the local planning framework and legislation which enables gambling businesses.

 

It is also noted some submitters opposing the Development Application have incorrectly assumed or implied the Shire of Broome is the proponent.

 

Decision Review

 

If aggrieved by Council’s decision, the applicant may seek a review of the decision to the State Administrative Tribunal.

 

The applicant can also seek an amendment of the Development Approval and amendment or removal of conditions of approval from the local government.

 

 

STRATEGIC IMPLICATIONS  

 

People – We will continue to enjoy Broome-time, our special way of life. It’s laid-back but bursting with energy, inclusive, safe and healthy, for everyone:

 

Effective communication

 

Accessible and safe community spaces

 

A healthy and safe environment

 

Place – We will grow and develop responsibly, caring for our natural, cultural and built heritage, for everyone:

 

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

 

Prosperity – Together, we will build a strong, diversified and growing economy with work opportunities for everyone:

 

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

 

Performance - We will deliver excellent governance, service and value, for everyone:

 

Effective community engagement

 

Improved systems, processes and compliance

 

VOTING REQUIREMENTS

Simple Majority

 

Council Resolution

(Report Recommendation)                                 Minute No. C/0221/005

Moved: Cr C Mitchell                                               Seconded: Cr B Rudeforth

That Council:  

1.       Approves Development Application 2020/97 for a Use Not Listed – Betting Agency at Tenancy T22, Lot 202, 106 Frederick Street, Broome subject to the following conditions and advice notes:

Conditions:

(a)    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.

(b)    Broadcasting of race and other events is to be restricted to inside the building only and must not be visible or audible from outside the building.

(c)    Any litter associated with the use of the premises as a Betting Agency is to be collected daily and appropriately disposed of to the satisfaction of the Coordinator Planning Services.

ADVICE NOTES

Note 1:  If the development the subject of this approval is not substantially commenced within a period of 2 years, or another period specified in this approval after the date of determination, the approval will lapse and be of no further effect.

Note 2:  Where an approval has so lapsed, no development must be carried out without the further approval of the local government having first been sought and obtained.

Note 3: If the applicant or owner is aggrieved by this determination there is a right of review by the State Administrative Tribunal in accordance with the Planning and Development Act 2005 Part 14. An application must be made within 28 days of the determination.

Note 4: An owner of land in respect of which development approval has been granted by the local government may make an application to the local government requesting the local government to do any or all the following:

(a)    to amend the approval to extend the period within which any development approved must be substantially commenced;

(b)    to amend or delete any condition to which the approval is subject;

(c)    to amend an aspect of the development approved which, if amended, would not substantially change the development approved;

(d)    to cancel the approval.

The application is to be made in accordance with the requirements in Part 8 of the Planning and Development (Local Planning Schemes) Regulations 2015 and dealt with under this Part as if it were an application for development approval; and may be made during or after the period within which the development approved must be substantially commenced.

 Note 5: 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.

2.       Advises the Development Application applicant and submitters of Council’s decision.

CARRIED 5/3

 

Attachments

1.

Development Plans

2.

Schedule of submissions

  


Item 9.2.2 - DEVELOPMENT APPLICATION 2020/97 - USE NOT LISTED - BETTING AGENCY

 

 




Item 9.2.2 - DEVELOPMENT APPLICATION 2020/97 - USE NOT LISTED - BETTING AGENCY

 

 

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Minutes – Ordinary Meeting of Council 25 February 2021                                                                        Page 1 of 2

 

9.2.3      REQUEST FOR REDUCTION OF APPLICATION FEES FOR THE INSTALLATION OF BATTERY POWERED SMOKE ALARMS IN INDIGENOUS COMMUNITY HOUSING WITHIN THE SHIRE OF BROOME

LOCATION/ADDRESS:                             Ardyaloon, Beagle Bay, Bobieding, Djarindjin, Lombadina, Bidyandanga.

APPLICANT:                                              Department of Communities

FILE:                                                           ABL01

AUTHOR:                                                   Coordinator Building Services

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                           Director Development and Community

DISCLOSURE OF INTEREST:                      Nil

 

 

SUMMARY:    The Shire of Broome has received a request from the Department of Communities (Department) seeking approval to replace hardwired smoke alarms with 10-year lithium battery powered smoke alarms at several Aboriginal communities. The Building Regulations 2012 prescribe a form on which application must be made and to charge $179.50 per application.

Given the large number of properties this charge will apply to (384), the Department is seeking a reduction in the total application fees normally applicable as many of the properties have the same floor plan (95 uniform floor plan types).

Further, the Department is also requesting a discount on the remaining properties.

Council is requested to consider the application by the Department of Communities.

 

BACKGROUND

 

Previous Considerations

 

10 June 2016

 

Council has previously considered a similar application at the Special Meeting of Council held on 10 June 2016, where Council resolved:

 

COUNCIL RESOLUTION:

(REPORT RECOMMENDATION)

Moved: Cr P Matsumoto                                         Seconded: Cr C Mitchell

That Council advise the WA Housing Authority that:

1.    The total application fees that apply to the applications for battery powered smoke alarms for houses in each Aboriginal Community outlined below is as stated for each Community:

(a) Ardyaloon (94 houses)       $1,661.00

(b) Beagle Bay (76 houses)     $1,359.00

(c) Bobieding (6 houses)          $226.50

(d) Djarindjin (49 houses)         $906.00

(e) Lombadina (4 houses)        $226.50

(f)  Bidyandanga (127 houses) $2,265.00

(g) Nillir Irbanjin (9 houses)      $226.50

2.    The above applications fees represent approximately 10% of the total application fee applied per house for each community.

3.    The above application fees apply to the applications for the installation of battery powered smoke alarms subject to:

(a)       a single application being submitted for the houses in each of the above Aboriginal Communities; and

(b)       full and complete documentation being submitted with each application to allow the Shire to undertake the required assessment of the applications in accordance with legislative requirements.

CARRIED UNANIMOUSLY BY ABSOLUTE MAJORITY 9/0

 

 

The above works were not completed.

 

The Department has submitted a fresh application to cover the current 384 houses, that they manage across several Aboriginal Communities, within the Shire of Broome.

 

These houses contain hard-wired mains powered smoke alarms.

 

The Department has advised they have difficulties maintaining hard-wired mains powered smoke alarms due to frequent interruptions to the power supply in the Aboriginal Communities. 

 

When the power is interrupted, the smoke alarms emit a sharp noise to indicate the loss of power, resulting in tenants damaging the smoke alarms to stop the noise.

 

Therefore, the Department is proposing to install long life battery powered smoke alarms in these 384 houses, to replace the hard-wired mains powered smoke alarms.

 

 

COMMENT

 

Regulation 61 of the Building Regulations 2012 allows for an application to be made to a Local Government for approval to install battery powered smoke alarms in a house, in lieu of hard-wired mains powered smoke alarms.

Under the relevant provisions of this regulation, any application submitted must to be able to clearly demonstrate, to the Shire’s satisfaction, the requirements of these provisions can be met.

The Shire has the right to refuse the application. 

The Department has advised it will be seeking approval for the installation of the battery powered smoke alarms in six different Aboriginal communities.


 

The table below outlines the relevant communities and the number of houses in each:

 

Location

No. of Houses

Ardyaloon

94

Beagle Bay

83

Bobieding

6

Djarindjin

48

Lombadina

16

Bidyadanga

137

Total

384

The Department is seeking a reduction in the standard application fees normally applicable.

In accordance with Regulation 61, a Local Government cannot set a fee of more than $179.50 per house for this type of application.

This maximum fee of $179.50 is reflected in Council’s schedule of fees and charges.

In accordance with section 6.12(1)(b) of the Local Government Act 1995, Council can waive or grant concessions in relation to any amount of money owed to the local government.

The Department has requested:

a)        The Department will submit applications based on a per uniform floor plan (type) basis, in which case applications for the 95 uniform floor plans will be submitted as soon as the project is approved internally by Department; and

b)        Following approvals for the 95 floor plans, the Shire to provide in-principle approval for the Department to commence works on all their managed properties within these communities, on condition they obtain floor plans for each of the 132 unknown properties and retrospectively submit and pay for any additional applications for all other unique plans identified.

Officers have examined the proposal and are comfortable assessing the 95 confirmed uniform floor plan types.

There are risks associated with part (b) of the Department’s request, being retrospectively approving the works to the existing housing stock as Shire officers will not have assessed the locations of the proposed safety devices.

It is recommended the Department submits applications, and receive building approval, before commencing any building works.

 

 

CONSULTATION

Several discussions have occurred between the Shire’s Coordinator Building Services and the Department Project Manager in relation to this matter.

These discussions are continuing and will be ongoing throughout the process. 

 

The Department has indicated in-principle agreement to the reduced fees outlined above, with different applications being lodged for each community and providing the information required to satisfy the building permit approval process.

 

STATUTORY ENVIRONMENT

 

Building Regulations 2012

 

Regulation 61.   Local government approval of battery powered smoke alarms.

      (1)     The local government of the district in which a dwelling is located may approve of the use, in the dwelling or a part of the dwelling, of a battery powered smoke alarm (rather than one that is connected to the mains power supply) if satisfied that, at the time of giving the approval, installing a smoke alarm connected to the mains power supply would involve—

                 (a)     a sufficient problem of a structural nature; or

                 (b)     a sufficient problem of any other nature, the cause of which is not within the control of the owner.

      (2)     The local government may give its approval in relation to an alarm that was installed before the approval is to be given.

      (3)     An application for approval must be made in the manner and form approved by the local government, and must include or be accompanied by—

                 (a)     the plans and information required by the local government; and

                 (b)     the fee set by the local government, which cannot exceed $174.40.

      (4)     The local government is to be taken to have refused approval if it has not made a decision whether to give approval within 35 days after the later of—

                 (a)     the day on which the person made the application for approval; or

                 (b)     the day on which the person complied with a, or the latest, request by the local government for further plans or information.

 

Local Government Act 1995

 Section 6.12.      Power to defer, grant discounts, waive or write off debts

      (1)     Subject to subsection (2) and any other written law, a local government may —

                 (a)     when adopting the annual budget, grant* a discount or other incentive for the early payment of any amount of money; or

                 (b)     waive or grant concessions in relation to any amount of money; or

                 (c)     write off any amount of money,

               which is owed to the local government.

          * Absolute majority required.

          

POLICY IMPLICATIONS

Nil.

 

FINANCIAL IMPLICATIONS

 

The proposed reduced fee calculation is considered adequate to achieve full cost recovery for the Shire’s assessment of the applications due to the uniform nature of the building plans.

This is consistent with the general principles for the setting of fees and charges by a Local Government in accordance with section 6.17 of the Local Government Act 1995.

 

Based the current fee set of $179.50 for 384 houses, the total application fees would be $68,928.

 

The Department has requested a reduced application fee to be considered based upon an application being submitted for each uniform floor plan type.

 

The Authority has undertaken a stocktake of houses in the communities they manage and confirmed 95 uniform floor plan types and 132 individual floor plans of a modified nature.

 

This would mean a maximum number of 277 separate applications would be received by the Shire, with application fees totalling $40,746.50.

 

RISK

The risk to the Shire in relation to reducing the application fee and accepting the applications, in general, are considered low based upon the following factors: 

1)   The standard and nature of documentation to be submitted by the Department, including the relevant justification for considering the installation of the battery powered smoke alarms, is considered adequate to assess the applications;

2)   The Shire can consider the applications in accordance with the relevant provisions of the Building Regulations 2012, bearing in mind the Shire has the right to refuse the application if the Department cannot justify the need for the battery powered smoke alarms;

3)   To consider a reduced application fee in lieu of the standard full fee is promoting cooperation and goodwill between Local and State government agencies; and

4)   The Shire could be viewed as meeting its obligation regarding the promotion of a safe and sustainable built environment. 

 

In-principle approval

 

Officers consider the risk to the Council in providing in principle approval prior to receiving building plans is relatively high with unnecessary compliance action required should the relevant plans not be submitted and therefore are not supportive of this component.

 

 

STRATEGIC IMPLICATIONS  

 

Our Performance Aspiration – We will deliver excellent governance, service and value, for everyone.

 

Deliver best practice governance and risk management.

 

VOTING REQUIREMENTS

Simple Majority

 

Council Resolution

(Report Recommendation)                                 Minute No. C/0221/006

Moved: Cr N Wevers                                                Seconded: Cr C Mitchell

That Council: 

1.       Approve the lodgement of applications from the Department of Communities for battery powered smoke alarms for the confirmed number of uniform floor plan types, at a cost of $179.50 per application.

2.       Confirm the cost of lodgement of applications from the Department of Communities   for battery powered smoke alarms for the remaining floor plans to be $179.50 per application.

3.       Not support the Department of Communities’ request to provide in principle approval for battery powered smoke alarms prior to application.

CARRIED 6/2

 

Attachments

1.

Department of Communities Correspondence - Request for Approval: Installation of Battery Powered Smoke Alarms.

2.

Aboriginal Communities Housing Audit.

  


Item 9.2.3 - REQUEST FOR REDUCTION OF APPLICATION FEES FOR THE INSTALLATION OF BATTERY POWERED SMOKE ALARMS IN INDIGENOUS COMMUNITY HOUSING WITHIN THE SHIRE OF BROOME

 

 

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Item 9.2.3 - REQUEST FOR REDUCTION OF APPLICATION FEES FOR THE INSTALLATION OF BATTERY POWERED SMOKE ALARMS IN INDIGENOUS COMMUNITY HOUSING WITHIN THE SHIRE OF BROOME

 

 

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Minutes – Ordinary Meeting of Council 25 February 2021                                                                        Page 1 of 2

 

Council Resolution:

                                                                                     Minute No. C/0221/007

Moved: Cr D Male                                                    Seconded: Cr F West

That Councillor Cr Mitchel take the position of Chair.

CARRIED UNANIMOUSLY 8/0

Cr D Male declared a Financial Interest in 9.2.4, the reason being “Applicant is a client of my business”.

Cr P Taylor declared an Indirect Financial Interest in 9.2.4, the reason being “Closely associated person”.

Cr D Male moved a motion to nominate Cr Mitchell to the position of Chair.

Council Resolution:                                            Minute No. C/0221/008

Moved: Cr D Male                                                    Seconded: Cr F West

That Councillor Mitchell take the position of Chair.

CARRIED UNANIMOUSLY 8/0

Cr D Male and Cr P Taylor left the Chambers at 6:59pm.

Cr F West left the Chambers at 6:59 pm.

 

9.2.4      DEVELOPMENT APPLICATION- 2020/95 - R-CODE VARIATION AT 16 KOOLAMA DRIVE, CABLE BEACH

LOCATION/ADDRESS:                             Lot 7, 16 Koolama Drive, Cable Beach

APPLICANT:                                              Phil Connolly Homes

FILE:                                                           KOO-1/16

AUTHOR:                                                   Planning Officer

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                           Director Development and Community

DISCLOSURE OF INTEREST:                      Nil

 

 

SUMMARY:

The Shire has received a development application seeking approval to construct a two-storey single house.

The application has been assessed against the Residential Design Codes.

The application is referred to Council for determination as the proposal does not meet the deemed-to-comply criteria of the Residential Design codes in relation to its location within a side setback.

An objection was received from the adjoining neighbour, which officers have not been able to resolve to the satisfaction of both parties.

This report recommends the application be approved.

 

BACKGROUND

 

Previous Considerations

 

Nil.

 

Site and surrounds

 

Lot 7, 16 Koolama Drive, Cable Beach is a 1,000m2 property which is zoned Residential with a R10 density coding under Local Planning Scheme No. 6 (LPS6). Surrounding properties are zoned Residential with a R10 density coding and the rear lot is zoned Tourist.

 

The site is currently a vacant lot (See below Figure 1).

Figure 1- Site Plan 16 Koolama Drive, Cable Beach

 

Proposal

 

The application is seeking approval to construct a two-storey single house.

 

The proposed house does not meet the deemed-to-comply criteria of the Residential Design Codes Part 5.1.3 Lot Boundary Setback as the garage wall is set back 0.05m in lieu of the required 1m to the Northern boundary.

 

The proposed house meets all other deemed-to-comply criteria of the Residential Design Codes. (See Attachment 1).

 

COMMENT

 

Local Planning Scheme No. 6 (LPS6)

 

As detailed above, the subject site is zoned ‘Residential’ with a density coding of R10.

 

In accordance with Clause 3.17 of LPS6, ‘Single House’ is a ‘P’ use meaning the use is permitted by the scheme providing the use complies with the relevant Development standards and the requirements of the scheme.

 

Local Planning Scheme No.6 requires development approval for houses posing a variation to the Residential Design Codes.

 

An assessment of the application against the local Framework is outlined below:

 

Residential Design Codes

 

Provision

Deemed-to-comply provisions

Provided

Compliance

Wall Height

Does not exceed 6m

3.4m

Complies

Peak Roof Height (Ridge Height)

Does not Exceed 9m

4.5m

Complies

Setbacks

1m from the Northern boundary

0.05m from the Northern boundary

Variation assessed against the design principles below.

Open Space

60%

70%

Complies

 

The proposed dwelling does not meet the deemed-to-comply criteria of the Residential Design Codes for Lot Boundary Setback as a ‘Boundary Wall’, being a wall that is within 0.6m of a boundary, which are only permitted through the deemed-to-comply criteria on lots with a density coding of R20 or greater. As the subject site is coded R10, a merit-based assessment based on the relevant design principles is required.

The design principles for lot boundary setbacks are:

·    Make more effective use of space for enhanced privacy for the occupant/s or outdoor living areas;

·    Not compromise the design principle contained in clause 5.1.3 P3.1; namely:

- Reduce impacts of building bulk on adjoining properties;

- Provide adequate direct sun and ventilation to the building and open spaces on the site and adjoining properties; and

- Minimise the extent of overlooking and resultant loss of privacy on adjoining

properties.

·    Does not have any adverse impact on the amenity of the adjoining property;

·    Ensures direct sun to major openings to habitable rooms and outdoor living areas for adjoining properties is not restricted; and

·    Positively contributes to the prevailing or future development context and streetscape as outlined in the local planning framework.

The proposed Northern boundary 0.05m setback makes more effective use of space for the property, as opposed to setting the wall back 1m, which would result in dead space which cannot be used as outdoor living.

It is considered the reduced Northern boundary setback of 0.05m, in lieu of the required 1m, will not adversely increase the building bulk or sunlight and ventilation as the wall length has been reduced to 7.2m (from an initially proposed 9.5m) and the height is considerably less (3.5m) than the deemed-to-comply criteria of 6m. If the dwelling was set back 1m to the Northern boundary, a planning application would not be required as it will meet all other deemed-to-comply criteria of the Residential Design Codes.

The house will not result in a loss of privacy, loss of sunlight or overlooking as:

·    the setback variation is abutting the neighbouring property’s carport, which is a non-habitable space;

·    the proposed solid wall does not include any windows or other openings facing the neighbouring property; and

·    the proposed structure does not impact on the neighbouring property’s private open space.

The proposed house will contribute positively to the existing streetscape by providing a house of a similar scale and materials to existing development.

The setting back of the upper storey, varying roof pitches and materials used provide articulation to the house frontage which provides interest to the streetscape.

Concerns were raised by the neighbour regarding the setback of the garage increasing bulk to the adjoining property as well as water run off (See Attachment 2).

In response, the applicant amended the proposal by reducing the wall length and moving the wall closer to the boundary to facilitate a parapet wall to address drainage concerns.

The now proposed wall is of a height and length which is less than the maximums permitted by the deemed-to-comply provisions, had the wall been set back 1m.

Therefore, having a smaller wall albeit closer to the boundary, is considered to meet the design principles by providing an equivalent and appropriate level of bulk permitted under the deemed-to-comply provisions.

Stormwater runoff has been addressed by incorporating a boxed gutter and parapet wall (refer to Attachment 3) as suggested by the submitter.

A drainage condition has also been recommended requiring no stormwater be discharged onto other private property.

 

CONSULTATION

 

In accordance with Local Planning Policy 5.14 - Public Consultation, the application was deemed to be Level B - Consultation with owners of adjoining land, and therefore, the adjoining neighbour at 14 Koolama Drive, Cable Beach was provided notice of the proposed application.

 

An objection was received (as per Attachment 2), with a general summary provided below:

 

The adjoining neighbour objected on the basis the setback variation will allow for water run-off to the neighbouring property, the building will present as ‘large’ and ‘imposing’ to the adjoining property.

 

The Applicant then suggested a compromise of reducing the garage wall from 9.5m to 7.2m long, set back 0.05m to the boundary and a parapet wall with boxed gutter to prevent any overflow issues. (See Attachment 3).

 

The neighbour agreed to the reduction of the garage length, but still sought a setback of 750mm, to which the applicant did not agree.

 

The merits of the final proposed position of the wall has been considered in the comment section above and has been recommended for approval.

 

STATUTORY ENVIRONMENT

 

Planning and Development Act 2005

 

If the applicant or owner is aggrieved by Council’s determination, there is a right of review by the State Administrative Tribunal in accordance with Part 14 of the Act.

 

An application must be made within 28 days of the determination.

 

Planning and Development (Local Planning Schemes) Regulations 2015

 

68. (2)    The local government may determine an application for development approval by —

(a)    granting development approval without conditions; or

(b)    granting development approval with conditions; or

(c)     refusing to grant development approval.

 

77.         Amending or cancelling development approval

 

(1)   An owner of land in respect of which development approval has been granted by the local government may make an application to the local government requesting the local government to do any or all the following —

(a)     to amend the approval to extend the period within which any development approved must be substantially commenced;

(b)     to amend or delete any condition to which the approval is subject;

(c)     to amend an aspect of the development approved which, if amended, would not substantially change the development approved;

(d)     to cancel the approval.

         

(2)   An application under subclause (1) —

(a)     is to be made in accordance with the requirements in Part 8 and dealt with under this Part as if it were an application for development approval; and

(b)     may be made during or after the period within which the development approved must be substantially commenced.

         

(3)   Despite subclause (2), the local government may waive or vary a requirement in Part 8 or this Part in respect of an application if the local government is satisfied the application relates to a minor amendment to the development approval.

 

(4)   The local government may determine an application made under subclause (1) by —

(a)     approving the application without conditions; or

(b)     approving the application with conditions; or

(c)     refusing the application.

 

State Planning Policy 3.1 – Residential Design Codes

 

Local Planning Scheme No.6

 

POLICY IMPLICATIONS

 

Local Planning Policy 5.14 Public Consultation – Planning Matters (LPP 5.14)

 

The application was publicly advertised in accordance with LPP 5.14.

 

FINANCIAL IMPLICATIONS

 

Nil.

 

RISK

 

A determination either way by Council has risks.

If Council approves the application the adjoining neighbour may be aggrieved by Council’s decision.

If Council does not approve the application the applicant may seek a review of the decision of Council to the State Administrative Tribunal.

STRATEGIC IMPLICATIONS  

 

Place – We will grow and develop responsibly, caring for our natural, cultural and built heritage, for everyone:

 

A built environment that reflects tropical climate design principles

 

VOTING REQUIREMENTS

Simple Majority

 

Council Resolution:

(Report Recommendation)                                 Minute No. C/0221/009

Moved: Cr B Rudeforth                                             Seconded: Cr N Wevers

That Council:  

1.       Approves development application 2020/95 for a two-storey single house at 16 Koolama Drive, Cable Beach, subject to the following conditions and advice notes:

        Conditions:

a)   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.

b)   A stormwater drainage system is to be provided, that drains to an existing system or Shire roadway/drain to the satisfaction of the Shire. No stormwater is to be discharged onto other private property.

c)   The parapet wall and footings shall be constructed inside the property boundary.

Advice Notes:

Note 1: If the development which is the subject of this approval is not substantially commenced within a period of 2 years, or another period specified in this approval after the date of determination, the approval will lapse and be of no further effect.

Note 2:    Where an approval has so lapsed, no development must be carried out without the further approval of the local government having first been sought and obtained.

Note 3:    If the applicant or owner is aggrieved by this determination there is a right of review by the State Administrative Tribunal in accordance with the Planning and Development Act 2005 Part 14. An application must be made within 28 days of the determination.

Note 4:    An owner of land in respect of which development approval has been granted by the local government may make an application to the local government requesting the local government to do any or all the following:

(a)  to amend the approval to extend the period within which any development approved must be substantially commenced;

(b)  to amend or delete any condition to which the approval is subject;

(c)  to amend an aspect of the development approved which, if amended, would not substantially change the development approved;

(d)  to cancel the approval.

The application is to be made in accordance with the requirements in Part 8 of the Planning and Development (Local Planning Schemes) Regulations 2015 and dealt with under this Part as if it were an application for development approval; and may be made during or after the period within which the development approved must be substantially commenced.

Note 5:  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.

Note 6:  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 owner 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.

2.       Advise the applicant and submitter of Council's decision.

CARRIED UNANIMOUSLY 5/0

 

Cr D Male and Cr P Taylor returned to the Chambers at 7:00pm. Cr Mitchell read aloud the resolution of Council.

Cr D male resumed the position of Chair.

Attachments

1.

Plans

2.

Submission and applicant response

3.

Site Plan-Parapet Wall

  


Item 9.2.4 - DEVELOPMENT APPLICATION- 2020/95 - R-CODE VARIATION AT 16 KOOLAMA DRIVE, CABLE BEACH

 

 





Item 9.2.4 - DEVELOPMENT APPLICATION- 2020/95 - R-CODE VARIATION AT 16 KOOLAMA DRIVE, CABLE BEACH

 

 

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Item 9.2.4 - DEVELOPMENT APPLICATION- 2020/95 - R-CODE VARIATION AT 16 KOOLAMA DRIVE, CABLE BEACH

 

 

 

 


Minutes – Ordinary Meeting of Council 25 February 2021                                                                        Page 1 of 2

Cr F West returned to the Chambers at 7:00 PM.

9.2.5      DOG CONTROL MEASURES - TOWN BEACH RESERVE

LOCATION/ADDRESS:                             TOWN BEACH PRECINCT (RESERVE 1643, RESERVE 31340)

APPLICANT:                                              Nil

FILE:                                                           LAW002

AUTHOR:                                                   Manager Environmental Health Emergency and Rangers

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                           Director Development and Community

DISCLOSURE OF INTEREST:                      Nil

 

 

SUMMARY:

Council at its ordinary meeting on 26 June 2014 resolved, by absolute majority, to establish dog exercise and dog prohibited areas in accordance with the Dog Act 1976.

As part of this resolution, almost the entire Town Beach precinct (Reserve 1643, Reserve 31340) was resolved to be a dog prohibited area.

Upgrades to the Town Beach precinct have resulted in an increase and change in usage patterns of the area and a change to community expectations, with the current dog prohibited area status no longer considered as meeting the community need for the precinct.

This report recommends removing the dog prohibited area previously established over the Town Beach precinct (Reserve 1643, Reserve 31340).

 

BACKGROUND

 

Previous Considerations

OMC 26 June 2014 - Item 9.2.5 Dog Control Measures

 

Prior to 1 November 2013, dog exercise areas and places where dogs are prohibited absolutely or restricted (permitted on a leash only), were specified in the Dog Local Law 2012 and required a change in the local law to enable new areas to be specified or other areas amended or removed.

 

The Dog Act 1976 was amended effective 1 November 2013 with sections 51(b), (ba) and (bb) which gave the power to specify prohibited, restricted and dog exercise areas through a local law, being deleted and section 31 being amended to provide the ability for Council to specify prohibited, restricted and dog exercise areas by way of an absolute majority decision of Council.

 

On 20 May 2014 the Dog Amendment Regulations 2014 (Dog Regulations) and the Cat Amendment Regulations 2014 (Cat Regulations) were gazetted.

 

The Dog Regulations specified 31 July 2014 as a sunset clause for dog exercise areas and prohibited or restricted areas established under local laws.

 

It further required Local Governments to establish these areas by way of a resolution, made by absolute majority and giving 28 days notice.

Council at its ordinary meeting on 26 June 2014 resolved by absolute majority to establish the existing dog exercise and dog prohibited areas in accordance with the Dog Act 1976.

Almost the entire Town Beach precinct (Reserve 1643, Reserve 31340) was resolved to be a dog prohibited area.

 

Upgrades to the Town Beach precinct have resulted in an increase and change in usage patterns of the area and a change to community expectations.

 

The current dog prohibited area status is considered as no longer meeting the community need for the precinct.

 

COMMENT

 

Town Beach Dog Prohibited Area

 

Currently, the majority of the Town Beach Precinct is a dog prohibited area including the caravan park, carpark, café, water park, playground and markets areas. (refer to Attachment 1)

 

The designation of the area as a dog prohibited area has been in place under Local Law (1992, 2203 and 2012) and then the Dog Act 1976.

 

Dogs can be in the prohibited area only for the purpose of gaining access to the adjacent dog exercise area by the most direct route.  The dog exercise area adjacent to the Town Beach Precinct is the beach.  Dogs must be controlled while they are transiting and cannot remain in the dog prohibited area.

 

The Town Beach redevelopment has resulted in a major change in how and when the public generally use the precinct.

 

Watering points have been provided to enable responsible pet owners the opportunity to give their dog a drink while in the precinct.  Discovery Parks are also permitting dogs to be kept in the caravan park, under conditions.

 

Removing the dog prohibited area designation will result in the precinct being no different to the adjacent public places in the Broome townsite not declared dog exercise areas.

 

Dogs will be able to be in the precinct but must be tethered under effective control as per the requirements of the Dog Act 1976.

 

Off-Leash Dog Exercise Areas

The existing off-leash dog exercise areas in Broome are designated on beaches including Town Beach, Simpsons Beach, Entrance Point, Reddell Beach and the majority of Cable Beach, excluding a 1.75km section of the beach centered on the rocky headland to the north of the Cable Beach Amphitheatre. (refer to Attachment 2)

 

There has not been a significant review of dog exercise areas in Broome in many years with the existing dog exercise areas having been designated under Local Law (1992, 2203 and 2012) and then the Dog Act 1976.  A strategic review of dog exercise areas would be beneficial as part of the Public Open Space strategy.

 

CONSULTATION

The Shire is required to give notice of Council’s intention to change the current specified restrictions by local public notice for a period of 28 days in accordance with the Dog Act 1976 and associated Regulations.

 

STATUTORY ENVIRONMENT

 

Western Australia Dog Act 1976

31 Control of dogs in certain public places

(1)   A dog shall not be in a public place unless it is:

 (a)  held by a person who is capable of controlling the dog; or

(b)  securely tethered for a temporary purpose, by means of a chain, cord, leash or harness of sufficient strength and not exceeding the prescribed length.

Therefore, by excluding from the specification of dog prohibited areas and dog exercise areas the natural areas described above, they will, by default, remain as areas where a dog must always be on a leash.

(2A)   Despite subsection (1), a dog shall not be in a public place

(a)    at all if the place is specified under subsection (2B) as a place where dogs are prohibited at all times; or

(b)    at a time when the place is specified under subsection (2B) as a place where dogs are prohibited at that time.

(2B)    A local government may, by absolute majority as defined in the Local Government Act 1995 section 1.4, specify a public place, or a class of public place, that is under the care, control or management of the local government to be a place where dogs are prohibited —

(a)    at all times; or

(b)    at specified times.

(2)      A dog is exempt from the requirements of subsection (1) if —

(a)    it is in a dog exercise area specified under subsection (3A); or

(b)    it is in a public place that is in an area of the State outside the metropolitan region or outside a townsite, and that is not a rural leashing area specified under subsection (3B); or

(c)    it is in or on a vehicle; or

(d)   it is being exhibited for show purposes; or

(e)   it is participating in an obedience trial or classes conducted under the auspices of the body known as the Canine Association of Western Australia (Inc.) or a body approved by the local government in whose district the obedience trial or classes are conducted; or

(f)    it is registered as being bona fide used in the droving or tending of stock and is being so used or is going to or returning from a place where it will be, or has been, so used; or

(g)    it is a foxhound in a pack bona fide engaged in hunting or hound exercise or in going to or returning from hunting or hound exercise; or

(h)    it is being used for retrieving, duck hunting or other customary sporting purposes.

(3A) A local government may, by absolute majority as defined in the Local Government Act 1995 section 1.4, specify a public place, or a class of public place, that is under the care, control or management of the local government to be a dog exercise area.

On 20 May 2014 the Dog Regulations 2013 were amended with the addition of regulation 37 that has the effect of making areas that have been specified as prohibited or restricted for dogs or specified as dog exercise areas in the Shire of Broome Dog Local Law 2012 inoperative after 31 July 2014.

(3B)   A local government may, by absolute majority as defined in the Local Government Act 1995 section 1.4, specify a public place that is under the care, control or management of the local government to be a rural leashing area.

(3C)   At least 28 days before specifying a place to be —

(a)    a place where dogs are prohibited at all times or at a time specified under subsection (2B); or

(b)    a dog exercise area under subsection (3A); or

(c)    a rural leashing area under subsection (3B), a local government must give local public notice as defined in the Local Government Act 1995 section 1.7 of its intention to so specify.

(3)    If a dog is at any time in any public place in contravention of subsection (1) or (2A), every person liable for the control of the dog at that time commits an offence unless the person establishes a defence under section 33B.

(4)      This section does not apply to a dangerous dog.

(5)    A local government must specify under subsection (3A) such dog exercise areas as are, in the opinion of the local government, sufficient in number, and suitable, for the exercising of dogs in the district.

 

POLICY IMPLICATIONS

Nil.

 

FINANCIAL IMPLICATIONS

In accordance with section 31(3C) of the Act the Shire must advertise Council’s intention to specify places by publishing a local public notice in a newspaper circulating generally throughout the district, by exhibiting the notice at the Shire offices and by exhibiting the notice at the Shire library.

 

Existing signage in the Town Beach precinct will not need significant alteration to reflect the change to the designation of the area. The cost of advertising can be accommodated within the current budget funds.

 

RISK

A reputational risk is present due to the installation of facilities during the precinct upgrades encouraging having dogs in the area and signage which, whilst compliant, can be confusing.

 

Removing the prohibited area status will bring the precinct into line with the surrounding area as it relates to movement of the public with their dogs.

 

The existing signage is adequate to manage dogs in the precinct once the prohibited area status is removed.

 

STRATEGIC IMPLICATIONS  

 

People – We will continue to enjoy Broome-time, our special way of life. It’s laid-back but bursting with energy, inclusive, safe and healthy, for everyone:

 

A healthy and safe environment

 

VOTING REQUIREMENTS

Absolute Majority

 

REPORT RECOMMENDATION:

That Council,

1.   Pursuant to the Dog Act 1976, removes the ‘dog prohibited’ status of the public places of Reserve 1643 and Reserve 31340 (collectively known as Town Beach Reserve) noting:

a.   This will return the referenced public place to a ‘general’ status; and

b.   Dogs in the area will always require to be held by a person who can control the dog or is tethered for a temporary purpose by means of a chain, cord, leash or harness of suitable strength not exceeding the legislated length in place from time to time; and

2.   Request the Chief Executive Officer to consider a strategic review of dog exercise areas in the Broome townsite as part of the development of a Public Open Space Strategy in 2021/2022.

 

Cr N Wevers requested to have the points in the recommendation considered separately.

 

Council Resolution:

(Report Recommendation)                                 Minute No. C/0221/010

Moved: Cr C Mitchell                                               Seconded: Cr D Male

That Council:

1.   Pursuant to the Dog Act 1976, removes the ‘dog prohibited’ status of the public places of Reserve 1643 and Reserve 31340 (collectively known as Town Beach Reserve) noting:

a)  This will return the referenced public place to a ‘general’ status; and

b)  Dogs in the area will always require to be held by a person who can control the dog or is tethered for a temporary purpose by means of a chain, cord, leash or harness of suitable strength not exceeding the legislated length in place from time to time.

CARRIED UNANIMOUSLY*  BY ABSOLUTE MAJORITY 5/3

 

For: Cr C Mitchell, Cr D Male, Cr P Matsumoto, Cr F West and Cr E Foy.

Against: Cr N Wevers, Cr B Rudeforth and Cr P Taylor.

* Amended 24/03/2021. The recommendation was carried by absolute majority not unanimously.

 

Council Resolution:

(Report Recommendation)                                 Minute No. C/0221/011

Moved: Cr B Rudeforth                                             Seconded: Cr C Mitchell

That Council request the Chief Executive Officer to consider a strategic review of dog exercise areas in the Broome townsite as part of the development of a Public Open Space Strategy in 2021/2022.

CARRIED UNANIMOUSLY 8/0

 

 

Attachments

1.

Existing Town Beach Dog Prohibited Area

2.

Existing Broome Dog Exercise Areas

  


Item 9.2.5 - DOG CONTROL MEASURES - TOWN BEACH RESERVE

 

 

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Item 9.2.5 - DOG CONTROL MEASURES - TOWN BEACH RESERVE

 

 

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Minutes – Ordinary Meeting of Council 25 February 2021                                                                        Page 1 of 2

 

9.2.6      WASTE LOCAL LAW 2021 - FINAL ADOPTION

LOCATION/ADDRESS:                             Nil

APPLICANT:                                              Nil

FILE:                                                           BYL17

AUTHOR:                                                   Manager Governance, Strategy and Risk

CONTRIBUTOR/S:                                    Waste Coordinator

Manager Works

RESPONSIBLE OFFICER:                           Director Infrastructure

DISCLOSURE OF INTEREST:                      Nil

 

 

SUMMARY:

This report recommends Council formally adopt the Shire of Broome Waste Local Law 2021 and advertise Council’s intention to make this local law, in accordance with section 3.12 of the Local Government Act 1995 (Act)

 

BACKGROUND

 

At its meeting on 27 February 2020, Council resolved to:

 

Council Resolution:

Minute No. C/0220/001

Moved: Cr C Mitchell                                               Seconded: Cr N Wevers

That Council:  

1.       Pursuant to section 3.12(3) and (3a) of the Local Government Act 1995, state-wide and local public notice be given stating that the Council intends to make the following local law:

Waste Local Law 2020

Purpose – is to regulate the collection, disposal and storage of waste and recyclable materials.

Effect – is to control the collection, disposal and storage of waste and recyclable materials for the benefits and health of the community and protection of the environment.

2.   Requests the results of the public consultation to be presented to Council for consideration of any submissions received.

CARRIED UNANIMOUSLY 8/0

 

 

A notice advising of Council’s intention and of the purpose and effect of the proposed local law was published in accordance with s3.12 of the Act in the following places:

·    West Australian Newspaper on 19 March 2020

·    Broome Advertiser on 26 March 2020

·    Shire Administration and Library notice boards on 17 March 2020

·    Shire of Broome website on 17 March 2020

 

The time for making a public submission closed at 4:00pm on 8 May 2020.

COMMENT

 

No public submissions were received and the Department of Local Government, Sport and Cultural Industries (DLGSC) had no comment.

 

The WALGA model waste local law template had not been reviewed for some time. As a result, the Department of Water and Environmental Regulation (DWER) updated the template prior to providing their consent. DWER requested several minor changes that enhance the draft local law. The changes do not impact the original intent of the local law to an extent that re-advertising would need to be considered.

 

Council received initial comments from DWER on 16 August 2020.  Ongoing correspondence between Council and DWER continued until mid January 2021, with final consent of the Shire of Broome Waste Local Law 2021 received from DWER on 3 February 2021.

 

A summary of the changes is provided below:

 

Clause

DWER Request

Officer Comment

Contents Page & Page 1

Shire of Broome to be included in the title of the local law

Added

Local Law 2020

Amend suffix to 2021

Local Law originally advertised in 2020. DWER legal department have confirmed that this should now be changed to year of gazettal.

1.4 – Repeal

Insert – This Waste Local Law repeals Division 2 of Part 4 of the Shire of Broome Health Local Law 2006¸with the exception of clause 4.2.11, as published in the Government Gazette on 20 March 2007.

Added – repealed section of Health Local Law 2006 included as attachment to the agenda item.

1.5 – Meaning of terms used in this local law

Delete the definition of commencement date.

Delete. Covered under Clause 1.2

2.7 – Duties of owner or occupier

Add the word ‘placed’ at the start of subclause (b)(ii)

Added

5.1 – Objection and appeal rights

Add new clause from the updated Waste Local Law model template and renumber the subsequent clauses accordingly.

Added

Schedule 1 – Meaning of ‘non-collectable waste’

Delete (l) non-frangible metal

Agree. Removed. Not a used material definition.

Schedule 2 – Prescribed Offences

Amend description on Items 33,34,35 & 36 to conform to the updated Waste Local Law model template

Added ‘a waste facility’ to the end of each item.

Schedule 2 – Prescribed Offences

Amend description on Item 37 to conform to the updated Waste Local Law model template

Changed word ‘flora’ to ‘fauna’ and added ‘without approval in a waste facility’.

Signature block

A signature block for the CEO DWER, which aligns with the correct terminology of the Waste Avoidance and Resource Recovery Act 2007, should be inserted at the end of the waste local law

Added

 

The recommended changes from DWER to the Shire of Broome Waste Local Law 2021 template have been completed.  

 

CONSULTATION

No public submissions received following the 6-week public advertising period.

WALGA

Department of Water and Environmental Regulation (DWER)

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

 

STATUTORY ENVIRONMENT

 

Local Government Act 1995

 

Section 3.12 – Procedures for making local laws

(1)      In making a local law a local government is to follow the procedure described in this section, in the sequence in which it is described.

   (2A)       Despite subsection (1), a failure to follow the procedure described in this section does not invalidate a local law if there has been substantial compliance with the procedure.

      (2)       At a council meeting the person presiding is to give notice to the meeting of the purpose and effect of the proposed local law in the prescribed manner.

      (3)       The local government is to — 

                 (a)   give local public notice stating that — 

              (i)    the local government proposes to make a local law the purpose and effect of which is summarized in the notice; and

                     (ii)    a copy of the proposed local law may be inspected or obtained at any place specified in the notice; and

                    (iii)     submissions about the proposed local law may be made to the local government before a day to be specified in the notice, being a day that is not less than 6 weeks after the notice is given;

                 and

                 (b)     as soon as the notice is given, give a copy of the proposed local law and a copy of the notice to the Minister and, if another Minister administers the Act under which the local law is proposed to be made, to that other Minister; and

                 (c)      provide a copy of the proposed local law, in accordance with the notice, to any person requesting it.  

     (4)       After the last day for submissions, the local government is to consider any submissions made and may make the local law* as proposed or make a local law* that is not significantly different from what was proposed.

          * Absolute majority required.

      (5)     After making the local law, the local government is to publish it in the Gazette and give a copy of it to the Minister and, if another Minister administers the Act under which the local law is proposed to be made, to that other Minister.

      (6)     After the local law has been published in the Gazette the local government is to give local public notice — 

                 (a)     stating the title of the local law; and

                 (b)     summarizing the purpose and effect of the local law (specifying the day on which it comes into operation); and

                 (c)     advising that the local law is published on the local government’s official website and that copies of the local law may be inspected at or obtained from the local government’s office.

      (7)     The Minister may give directions to local governments requiring them to provide to the Parliament copies of local laws they have made and any explanatory or other material relating to them.

      (8)     In this section —

               making in relation to a local law, includes making a local law to amend the text of, or repeal, a local law.

 

Waste Avoidance and Resource Recovery Act 2007

Waste Avoidance and Resource Recovery Regulations 2008

Shire of Broome Health Local Law 2006

 

POLICY IMPLICATIONS

 

Nil

 

Once the Shire of Broome Waste Local Law 2021 has been gazetted the current Council Waste Management Policy will be redundant and can be retired.

 

The Shire of Broome Health Local Law (2006) will have Division 2 of Part 4 with the exception of clause 4.2.11 repealed.

 

FINANCIAL IMPLICATIONS

 

The estimated cost of advertising in the West and the Broome Advertiser is $1,000. This covers all State wide and local public notice requirements.

 

The estimated cost of gazettal with State Law Publisher is $5,000.

 

This will be accommodated within the Waste Management Budget.

 

RISK

 

Minor reputational risk and compliance risk if local laws are not maintained in accordance with current legislative requirements and best practice.

 

By adopting the model local law as developed by WALGA and enhanced with suggestion from DWER, Council has reduced the risk of having this local law disallowed by the Joint Standing Committee for Delegated Legislation (JSCDL).

 

STRATEGIC IMPLICATIONS  

 

Our Place Aspiration – We will grow and develop responsibly, caring for our natural, cultural and built heritage, for everyone

 

5.3 Adopt and encourage sustainable practices.

 

VOTING REQUIREMENTS

Absolute Majority

 

Council Resolution:

(Report Recommendation)                                 Minute No. C/0221/012

Moved: Cr C Mitchell                                               Seconded: Cr N Wevers

That Council:  

1.       Adopts the Shire of Broome Waste Local Law 2021, as detailed at Attachment 1;

2.       Approves the Shire President and Chief Executive Officer to sign and affix the Common Seal to the adopted Shire of Broome Waste Local Law 2021; and

3.       Approves for the Chief Executive Officer to:

(a)    Publish in the Government Gazette the Shire of Broome Waste Local Law 2021, as adopted;

(b)    Forward a copy of the adopted local law to the Minister for Local Government, Minister for Environment and the Director General of DWER;

(c)    Give local public notice of the adoption of the local law; and

(d)    Complete and submit all explanatory memorandums, statutory procedures checklists and other supporting information on the local law to the Joint Standing Committee on Delegated Legislation.

CARRIED UNANIMOUSLY BY ABSOLUTE MAJORITY 8/0

 

Attachments

1.

SHIRE OF BROOME WASTE LOCAL LAW 2021

2.

SHIRE OF BROOME WASTE LOCAL LAW 2021 TRACKED CHANGES

3.

SHIRE OF BROOME HEALTH LOCAL LAW 2006 CLAUSES TO BE REPEALED BY WASTE LOCAL LAW 2021

  


Item 9.2.6 - WASTE LOCAL LAW 2021 - FINAL ADOPTION

 

 

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Item 9.2.6 - WASTE LOCAL LAW 2021 - FINAL ADOPTION

 

 

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Item 9.2.6 - WASTE LOCAL LAW 2021 - FINAL ADOPTION

 

 

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Minutes – Ordinary Meeting of Council 25 February 2021                                                                        Page 1 of 2

9.3       Prosperity 

 

9.3.1      DRAFT ECONOMIC DEVELOPMENT STRATEGY FOR ENDORSEMENT FOR PUBLIC COMMENT

LOCATION/ADDRESS:                             Nil

APPLICANT:                                              Nil

FILE:                                                           EDP013

AUTHOR:                                                   Economic Development Coordinator

CONTRIBUTOR/S:                                    Manager Community and Economic Development

RESPONSIBLE OFFICER:                           Director Development and Community

DISCLOSURE OF INTEREST:                      Nil

 

 

SUMMARY:

Strategic informing documents help provide information for the Strategic Community Plan.

The ‘Economic Development Strategy 2021-2026 for the Shire of Broome’ provides an overarching approach to economic development by the Shire for the next five years.

The draft Strategy is presented for Council’s consideration.

This report recommends Council endorse the draft Strategy for a six-week public advertising and comment period, after which a final document will be presented to Council for endorsement.

 

BACKGROUND

 

The Shire’s informing strategies feed into the Strategic Community Plan and Corporate Business Plan.

 

The draft ‘Economic Development Strategy 2021-2026 for the Shire of Broome’ (the draft Strategy) has been developed to support the Shire’s role and contribution following the strategies outlined in the Broome Growth Plan.

 

RPS Group has been engaged by the Shire of Broome to lead the development of the Strategy in collaboration with the Shire’s Economic Development team.

 

The lead consultant from RPS Group on this project comes with extensive regional economic development and strategic advisory experience across Western Australia and Queensland, including long-term engagement with major metropolitan and regional local governments, multiple Regional Development Commissions and State Government agencies and is well placed to guide and assist the development of this strategic informing document.

 

COMMENT

 

Content Overview

 

The draft Strategy is attached for review and endorsement for release for public comment (refer Attachment 1).


 

The draft Strategy provides detail on:

a)  The role of local government, and the Shire of Broome specifically, in economic development. This section also celebrates major Shire-led initiatives;

b)  Broome’s economic profile;

c)  Broome’s competitive advantages and challenges; and

d)  The Shire of Broome’s economic development vision, desired outcomes, and programs.

 

The below table summarises the Shire’s economic development vision, desired outcomes and programs, as outlined in the draft Strategy:

 

 

Vision

 

 

Broome – Economically Diverse, for everyone.

 

Desired Outcomes

 

 

More People

More Investment

More Businesses

More Economic Diversity

 

 

Programs

 

 

Business and Industry Support

Skills Development and Training

Investment Attraction, Branding and Liveability

Connectivity, Transport and Access

 

 

The economic development programs section of the Strategy celebrates current / recent actions and lists potential actions for further investigation over the next five years.

 

This section of the Strategy illustrates the multi-disciplinary approach to economic development and demonstrates how the Shire is comprehensively working towards meeting the vision and desired outcomes for the benefit of Broome’s community and economy.

 

The list of potential actions for consideration and investigation have not yet been budgeted, fully scoped or prioritised.

 

This activity will occur during the 2021-2026 timeframe of the strategy.

 

Engagement

 

The Stakeholder Engagement Plan for this project was endorsed in July 2020.

 

Tier 1 Stakeholders were determined as having a primary regional economic development role. The organisations included in this list were presented as part of the project update at the August 2020 Council Workshop. The presentation was circulated to Council following the Workshop.

 

The engagement process to-date has involved targeted interviews and feedback on draft versions of the Strategy with regional economic development organisations (Tier 1 Stakeholders):

 

Organisation

Position

Regional Development Australia Kimberley

 

·    Chair

·    Executive Officer

 

Kimberley Development Commission

 

·    Director, Regional Planning and Projects Delivery

·    Director, Strategic Planning and Projects Delivery

 

Nyamba Buru Yawuru

 

·    CEO

·    Deputy CEO

·    Business Development Manager

 

Development WA

 

·    Manager Regional North

 

West Kimberley Alliance

 

·    Chair

·    Executive Officer

 

Broome International Airport

 

·    Commercial Officer

 

Department of Primary Industries and Regional Development

 

·    Director Northern Agricultural Development

·    Manager Strategic Projects

·    Manager Strategic Projects (Fitzroy River Catchment economic development)

·    Senior Development Officer

 

Broome Chamber of Commerce and Industry

 

·    President

 

Kimberley Ports Authority

 

·    CEO

 

 

Australia’s North West Tourism

 

·    CEO

 

Broome Visitor Centre

 

·    General Manager

 

The one-on-one interviews occurred in August 2020 and sought to gain information and insights into the:

 

1.   Drivers and challenges of the Broome economy;

2.   Key opportunities and assets; and

3.   Role and function of each stakeholder in the wider economic development approach.

 

The first draft of the Strategy was circulated on 29 September 2020 to the Shire’s Executive Management Group, Management Coordination Group, and Tier 1 Stakeholders for feedback.

 

Following a request by Nyamba Buru Yawuru, the review period for the first draft was extended for one month.

 

Feedback closed on Friday 30 October 2020.

 

Engagement in this process was high with all external agencies providing constructive written or verbal feedback.

 

In addition, the first draft of the Strategy was circulated to the following supporting consultants for their consideration:

1.   Hames Sharley – Review of Shire of Broome Local Planning Strategy and Scheme; and

2.   Catalyse – Review of the Strategic Community Plan and Corporate Business Plan.

 

Officers have ensured as much alignment and cross-information between these significant bodies of work, which are under development simultaneously.

 

RPS and Officers have presented to Council providing project updates and seeking direct input at the following Workshop dates:

1.   11 August 2020;

2.   8 September 2020;

3.   1 December 2020; and

4.   9 February 2021.

 

Council attendance for the above workshops is listed below.

 

Council Workshop 11 August 2020:

1.   Cr H Tracey

2.   Cr N Wevers

3.   Cr P Taylor

 

Council Workshop 8 September 2020:

1.   Cr D Male

2.   Cr F West

3.   Cr N Wevers

4.   Cr P Taylor

5.   Cr C Mitchell

 

Council Workshop 1 December 2020:

1.   Cr P Taylor

2.   Cr P Matsumoto

3.   Cr N Wevers

4.   Cr F West

 

Council Workshop 9 February 2021:

1.   Cr H Tracey

2.   Cr D Male

3.   Cr P Taylor

4.   Cr N Wevers

5.   Cr F West

6.   Cr B Rudeforth

 

The changes agreed through this process have been incorporated in the attached draft Strategy.

 

The public comment period is an important next step in finalising the Strategy for the Shire of Broome.

 

CONSULTATION

 

Please see the engagement process undertaken to-date outlined in the Comment section of this report.

 

Officers are seeking endorsement from Council to release the draft Strategy for public comment for a six-week period.

 

If endorsed, the public comment period will commence 27 February 2021 and close on 12 April 2021.

 

Officers will utilise the following methods to advertise this opportunity:

·    Press Release;

·    Shire website;

·    Social media;

·    Inclusion in the Shire News section in the Broome Advertiser;

·    Promotion at Shire facilities;

·    Encourage stakeholders to distribute to their networks;

·    Direct email to Tier 2 Stakeholder which includes the Broome District’s Aboriginal communities, broader State and Federal Government agencies, and other key stakeholders; and

·    Offer of one-on-one meetings to provide further clarification if required. 

 

Consideration of feedback will inform the finalisation of the Strategy.

 

It is planned to table the final document at the May 2021 Council Workshop and June 2021 Ordinary Meeting of Council.

 

STATUTORY ENVIRONMENT

 

Nil.

 

POLICY IMPLICATIONS

 

Community Engagement

 

FINANCIAL IMPLICATIONS

 

Costs associated with advertising the draft Strategy for comment are anticipated to be minimal and will be included in other Shire advertising initiatives funded from operational accounts.

 

Estimated project variation costs of up to $10,000 are expected with RPS to accommodate the following requirements:

 

1.   Timeframe extension.

2.   Content updates.

3.   Additional revision batches.

4.   Preparing a separate Executive Summary Brochure (4 – 8 pages) following Council endorsement of the Final Strategy.

 

The variation costs have been factored into the Quarter Two of the Shire of Broome’s Finance and Costing Review.

 

RISK

 

The following table outlines the key risks identified with this project and the mitigation strategies proposed to address these risks in accordance with the Shire’s Risk Management Policy.

 

Risk

Type

Rank

Mitigation

 

Concerns regarding the level of Councillor engagement

 

Reputational

 

 

Low

 

Councillors have received updates on scope and progress via email correspondence and Workshop presentation since commencing the project in July 2020.

 

Detailed feedback on the draft Strategy was sought at Council Workshops held 1 December 2020 and 9 February 2021 to inform the version recommended for public comment.

 

If endorsed, Councillors will receive further updates and briefings during the six-week public comment period.

 

This will enable the opportunity for the draft Strategy to be adjusted further prior to consideration for final adoption.

 

 

Lack of community feedback on draft plan

 

Reputational

 

Low

 

The organisations included in the Tier 1 Stakeholder list have considerable expertise in the economic and regional development fields.

 

They represent State and Federal Governments, and areas of the private sector.

 

The Tier 1 Stakeholders have positively and constructively contributed to the content of the draft Strategy presented to Council.

 

Public consultation is being proposed for a six-week period.

 

Community feedback will be taken into consideration when finalising the Strategy.

 

 

Lack of staffing resources to deliver actions

 

Financial / Reputational

 

Medium

 

This is a strategy document rather than a detailed Action / Implementation Plan.

 

Officers have carefully considered the actions included in the draft Strategy from a practicality versus aspirational perspective.

 

The actions included in the Economic Development Programs represent current or existing activities which have already been considered in approved budgets.

 

The potential actions flagged for investigation in the Strategy recognise resources may require review if prioritised over the next five years.

 

Many of the actions in the draft Strategy are included in the Strategic Community Plan and Corporate Business Plan endorsed in December 2020. These documents are informing the Long-Term Financial Plan.

 

 

Concerns regarding the high number of Shire documents released for public comment

 

 

Reputational

 

Medium

 

Officers are recommending the draft Strategy is released for a six-week period commencing 2 March 2021 and closing 12 April 2021.

 

This is after the closing date for public comment on the draft Community Development Framework and informing strategies (31 December 2020).

 

Other proposed informing strategies are intended to be released following the Economic Development Strategy public comment period.

 

This staggered approach will provide adequate time for community consideration of the informing Strategy.

 

 

Delays in releasing for public comment

 

Financial / Reputational

 

Medium

 

Timeframe extensions to the project has resulted in a contract and cost variation for the Shire of Broome. There will be an additional financial risk for the Shire of Broome should there be a further delay to the proposed public comment period.

 

Further delays will also pose a reputational risk for the Shire of Broome as Tier 1 Stakeholders were engaged in interviews in August 2020 and provided feedback on draft content in September and October 2020.

 

 

STRATEGIC IMPLICATIONS  

 

Prosperity – Together, we will build a strong, diversified and growing economy with work opportunities for everyone:

 

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

 

Performance - We will deliver excellent governance, service and value, for everyone:

 

Sustainable and integrated strategic and operational plans

 

Effective community engagement

 

VOTING REQUIREMENTS

Simple Majority

 

Council Resolution:

(Report Recommendation)                                 Minute No. C/0221/013

Moved: Cr B Rudeforth                                             Seconded: Cr C Mitchell

That Council:

1.       Endorses the draft ‘Economic Development Strategy 2021-2026 for the Shire of Broome’ to be released for a six-week public comment period from 2 March 2021 to 12 April 2021 to seek community feedback.

2.       Requests the Chief Executive Officer to provide a report to Council on submissions received through public consultation and present the final ‘Economic Development Strategy 2021-2026 for the Shire of Broome’ to Council for adoption.

CARRIED 6/2

 

Cr F West requested that her vote against be recorded in the minutes.

Attachments

1.

Attachment 1: DRAFT Economic Strategy 2021-2026 for the Shire of Broome


Item 9.3.1 - DRAFT ECONOMIC DEVELOPMENT STRATEGY FOR ENDORSEMENT FOR PUBLIC COMMENT

 

 

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Minutes – Ordinary Meeting of Council 25 February 2021                                                                        Page 1 of 2

9.4       PERFORMANCE  

 

9.4.1      ANNUAL ELECTORS MEETING - 4 FEBRUARY 2021

LOCATION/ADDRESS:                             Nil

APPLICANT:                                              Nil

FILE:                                                           AME02

AUTHOR:                                                   Senior Administration and Governance Officer

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                           Director Corporate Services

DISCLOSURE OF INTEREST:                      Nil

 

 

SUMMARY:

The purpose of this report is to present to Council the Minutes of the Annual Electors Meeting held 4 February 2021 and to seek Council consideration of Elector Motions made at this meeting.

 

BACKGROUND

 

Pursuant to section 5.27 of the Local Government Act 1995, the Shire held their Annual Electors Meeting on Thursday, 04 February 2021. Sixteen (16) Electors were  in attendance and Minutes from the meeting can be sourced from the Shire website: https://www.broome.wa.gov.au/Council/Council-Meetings-and-Minutes.

 

The Shire President’s Report and the Annual Report for the previous financial year, 1 July 2019 to 30 June 2020, was received as per Regulation 15 of the Local Government (Administration) Regulations 1996.

 

During General Business a number of Elector Motions were raised. Shire officers have investigated each of these motions and have provided Council with recommendations for consideration as detailed below.

 

COMMENT

 

ELECTOR MOTION 1: JAN LEWIS

 

ELECTOR MOTION 1:                                                  Minute No. /0221/001

Moved: Jan Lewis                                                     Seconded: Brendan Renkin

That the Shire of Broome brings forward the review of the Shire’s weed management plan scheduled for 2023-24 to the 2021-22 financial year and adds a fully costed and best practice implementation strategy to the updated plan.

CARRIED

 

COMMENT – MANAGER WORKS

 

The Shire of Broome’s Corporate Business Plan 2021 – 2025 details a number of priorities to assist with caring for our natural, cultural and built heritage. Under Outcome 5 – Responsible management of natural resource; Action 5.2.5 highlights the facilitation of a review of the Weed Management Strategy. This action is timed for completion in the 2022/23 financial year. The Shire of Broome is currently developing the Weed Management Strategy which is in a draft form. Officers believe that the review of this document in the 2022/23 financial year is appropriately timed based on it’s finalisation in the 2020/21 financial year.

 

CONSULTATION

 

A community consultation plan will be developed for this review in line with the Shire’s Community Engagement Policy.

 

OFFICERS RECOMMENDATION:

That Council:

1.   Notes the Elector Motion; and

2.   Requests the Chief Executive Officer proceed with the review of the Weed Management Strategy in the 2022/23 financial year as detailed in the Corporate Business Plan 2021 – 2025.

 

ELECTOR MOTION 2: ANDREW CHAMBERS

 

ELECTOR MOTION 2:                                                  Minute No. /0221/002

Moved: Andrew Chambers                                     Seconded: Gaye Wotherspoon

That this Shire commit to working with State and Federal Agencies to develop plans for the expansion of our hospital facilities to include more beds, clinic facilities for specialist services currently not available or only by visiting specialists most importantly in geriatric care, paediatrics, tropical/poverty diseases and mental health.

CARRIED

 

COMMENT – MANAGER COMMUNITY AND ECONOMIC DEVELOPMENT

 

This motion seeks Council’s commitment to partner with the State and Federal governments on planning for expansion of the town’s hospital facilities. A similar theme was raised throughout the engagement to develop the Shire’s Strategic Community Plan 2021 – 2031 (SCP) and Corporate Business Plan 2021 – 2025 (CBP).

 

In finalising and subsequently endorsing the plan, Council considered the Shire as best placed to advocate in relation for future improvements to the hospital. This role is defined within the SCP and CBP as:

Advocate - We are a voice for the local community, promoting local interests in relation to health and safety, youth services, marine facilities, responsible development and more.

 

The hospital expansion is therefore referenced as per below:

 

Shire of Broome Strategic Community Plan 2021 – 2031

Outcome 3:  A healthy, active community

Objective 3.1: Improve access to health facilities, services and programs to achieve good general and mental health in the community.

Corporate Business Plan 2021 - 2025

Action 3.1.2: Advocate for hospital facilities and services to address long-term health needs.

 

Given these plans and the Shire’s role on this matter having previously been endorsed by Council, it is recommended that the status quo remains.

 

OFFICERS RECOMMENDATION:

That Council:

1.   Notes the Elector Motion;

2.   Continues to advocate for improved access to health facilities, services and programs to achieve good general and mental health in the community; and

3.   Continues to advocate for hospital facilities and services to address long-term health needs.

 

 

ELECTOR MOTION 3: ANDREW CHAMBERS

 

ELECTOR MOTION 3:                                                  Minute No. /0221/003

Moved: Andrew Chambers                                     Seconded: Michael Leake

That this Shire commit to working with State and Federal Agencies to develop plans for building public access, affordable aged care residential facilities within this Shire that are culturally appropriate for our ethnically diverse population. 

That this Shire utilise its capacity and expertise to develop an ongoing and financially sustainable management structure to ensure that the facilities remain open and accessible and not be run "for profit".

That this Shire develops employment and training plans that fully engage local residents in permanent careers within the industry and our local facilities.

CARRIED

 

COMMENT – MANAGER COMMUNITY AND ECONOMIC DEVELOPMENT

 

Following similar feedback received through community engagement to develop the Shire’s Strategic Community Plan 2021 – 2031 (SCP) and Corporate Business Plan 2021 – 2025 (CBP), Council considered the Shire as best placed to advocate in relation to aged care facilities in the district.

This role is defined within the SCP and CBP as:

Advocate - We are a voice for the local community, promoting local interests in relation to health and safety, youth services, marine facilities, responsible development and more.

 

The matter referred to in the motion is therefore referenced as per below:

 

Shire of Broome Strategic Community Plan 2021 – 2031

Outcome 2: Everyone has a place to call home

Objective 2.1: Promote access to safe, affordable accommodation to meet all needs, including itinerants, homeless people, those at risk, youth and the elderly.

 

Corporate Business Plan 2021 - 2025

Action 2.1.3:  Advocate for housing diversity to meet community needs (retirement village, aged care facilities, accommodation for seasonal workers, etc.)

 

Given these plans and the Shire’s role on this matter having previously been endorsed by Council, it is recommended that the status quo remains.

 

OFFICERS RECOMMENDATION:

That Council:

1.   Notes the Elector Motion;

2.   Continues to advocate for housing diversity to meet community needs (e.g. retirement village, aged care facilities, accommodation for seasonal workers etc.); and

3.   Continues to advocate for the promotion of access to safe, affordable accommodation to meet all needs, including itinerants, homeless people, those at risk, youth and the elderly.

 

ELECTOR MOTION 4: ANDREW CHAMBERS

 

ELECTOR MOTION 4:

                                                                                     Minute No. /0221/004

Moved: Andrew Chambers                                     Seconded: Brendan Renkin

That the Shire develop an integrated and inclusive development plan, 2021-2026, in consultation with the Dampier Ward Communities, State and Federal Agencies, utilising dedicated Federal Grant Funding, that sees those communities develop amenities and lift standards of public health and service to levels town residents take for granted and that visiting tourists expect.

That Federal funds received specifically for the purpose, over that five-year period, be dedicated solely toward budgets to enact these plans and that the Shire work with these communities in applying for and managing (if needed or requested) project funding and delivery.

That the Shire use its existing departmental management, HR, payroll expertise, infrastructure and capital equipment acquisition abilities to extend existing town-based services out into the Dampier Ward Communities, to provide the administrative and training capabilities required to develop and support community based, permanent, employment and training opportunities to deliver these services and developments.

CARRIED

 

COMMENT – DIRECTOR CORPORATE SERVICES

 

State Government Service Provision

 

The State Government is responsible for the delivery of essential and municipal services to Aboriginal Communities including those on the Dampier Peninsula. This includes services such as housing, health and medical, education, childcare, family and human services, water (including wastewater), power, roads, pathways, streetlights, drainage, public open space infrastructure and waste management.

 

The Government of Western Australia announced regional services reform in May 2015 to improve the lives of Aboriginal people in regional and remote Western Australia. The reform aims to bring about long-term, systemic change. In July 2016, the State Government committed in the Regional Services Reform Roadmap to progressively bring basic services in remote Aboriginal communities up to minimum standards.

 

The Regional Services Reform Unit was established to drive the reform and in July 2017 it became part of the Department of Communities. The Regional Services Reform Unit receives funding from State Government service delivery agencies and the Royalties for Regions program.

 

Aboriginal families and communities are integral to the success of regional services reform. The interests and priorities of Aboriginal people are being represented by Aboriginal advisors on regional groups in the Pilbara and Kimberley set up to guide the work of the reform. District leadership groups are implementing change at a local level.

 

Ardyaloon, Beagle Bay, Bidyadanga, Djarindjin and Lombadina have been identified to participate in the Essential and Municipal Services Upgrade Program. Council should note that there are currently 61 “Remote – Permanent” and 18 “Remote Seasonal” Aboriginal communities identified within the Shire of Broome. According to 2016 census statistics the Shire has a population of 16,222 with 28.2% (4,574) identifying as Aboriginal. The townsite of Broome has a population of 13,984 with 21.4% (or 2,997) identifying as Aboriginal.

 

In October 2020, the State Government allocated $750M through the 2020-21 Budget to build the resilience and capacity of Aboriginal communities and individuals. The funding is split over three key policy areas: building strong communities, improving health and wellbeing and delivering social and economic opportunities.

 

Initiatives contained within these policy areas relevant to the Shire of Broome include:

 

Building stronger communities:

·     $193 million to deliver essential services in remote Aboriginal communities, including repairs and maintenance for Aboriginal housing, tenancy support, and delivery of essential and municipal services, following the withdrawal of Commonwealth funding;

·     $25 million for targeted maintenance of social housing in remote Aboriginal communities, as part of a broader $80 million provided to maintain regional social housing and subsidised housing for regional government workers;

·     $12.9 million towards the response to 'Closing the Gap', as a result of the withdrawal of Commonwealth funding;

·     $38.9 million to deliver improved water and wastewater services in remote communities and town-based communities, including Ardyaloon, Djarindjin, Lombadina and Beagle Bay;

·     $18.5 million over four years to support Aboriginal Short Stay Accommodation services in Derby, Broome and Kalgoorlie. These three facilities provide accommodation for Aboriginal people for up to 28 days while they access health or other government services in these regional hub towns.

Improving health and wellbeing:

·     $3.9 million will be spent over two years on the Syphilis Prevention and Control Program in the Kimberley, Pilbara and the Goldfields. This includes the recruitment of additional Aboriginal team members to work within syphilis prevention;

·     $19.8 million to be spent on mental health initiatives to improve the wellbeing of Aboriginal people, including $9.8 million for Aboriginal Suicide Prevention Plans and $10 million under the Commitment to Aboriginal Youth Wellbeing package;

·     $6.8 million in 2020-21 to fund the Aboriginal Community Connectors program to help improve community safety and reduce community consequences of alcohol and drug related at risk behaviours;

·     $9.2 million over four years for ambulance services in the Kimberley, including three paid paramedics at Derby, Fitzroy Crossing and Halls Creek and six new ambulances for the Kimberley; and

·     $11.5 million over four years to support adult dental services, support for people affected by lymphoedema, and improving employment of Aboriginal and Torres Strait Islander people in the aged-care sector.

 

Delivering social and economic opportunities:

·     As part of the Kimberley Juvenile Justice Strategy, an additional $6.2 million will be spent over the next four years to improve youth justice outcomes in the Kimberley, including $1.2 million in 2020-21 to deliver a work pilot skills program for juveniles in Broome and Kununurra;

·     $1.3 million will be spent over 2020-21 to 2022-23 to establish an Empowered Youth Leadership Network in the Kimberley;

·     $310,000 to support Aboriginal people to participate in elections, with the employment of a dedicated community liaison officer and casual regional community liaison officers to engage with Aboriginal communities in order to enhance the effectiveness of election services being delivered; and

·     The Green Jobs Plan will not only protect WA's natural environment and promote growth in conservation jobs across the State, it will also support Aboriginal employment on country and provide significant opportunities for young people and unskilled workers.

The Commonwealth and State governments facilitate the delivery of human services including health care and education, with various programs supporting individual and community requirements. These are delivered through federal and State programs such as the federal Community Development Program

 

Local Government Responsibilities

 

The Shire is not responsible for essential and municipal service delivery in Aboriginal communities within the district and as such no funds have been received by the Shire specifically for that purpose.

Tenure in Aboriginal communities generally lies with the Aboriginal Land Trust and is non-rateable. This means that the Shire in effect receives no revenue to deliver services to Aboriginal communities within the district from either rates, fees and charges or Federal / State funding.

Additionally, in most cases the Shire has no control of lands within Aboriginal Communities under the Local Government Act 1995. The fact that communities are located on Aboriginal Land Trust land restricts the capacity of Shires to operate facilities or maintain infrastructure or roads without first obtaining a leasehold interest or licence in relation to the land in question. Without addressing these land tenure constraints the delivery of municipal and essential services by local government would be problematic.

While not responsible for municipal and essential services the Shire of Broome does deliver a range of services to Aboriginal communities on the Dampier Peninsula under its powers and responsibilities within the Local Government Act 1995. These services include:

·    Regulatory environmental health risk mitigation activities:

registration and inspection of food businesses

registration and inspection of accommodation and camping facilities

public building inspections

regulating public health requirements for public events

wastewater treatment system approvals

inspection of water quality in public pools and

mosquito and pest control.

·    Ranger Services (delivered on a request basis):

animal management

illegal camping and

bushfire mitigation.

·    Road Maintenance

The Shire has several roads still vested with it which are maintained under the rural road regime. It should be noted that Cape Leveque Road is to be vested in the Main Roads Department of WA as of July 2021

Road maintenance and renewal including patrol grading, delineation markering, shoulder maintenance, and road patching

Non regulatory signage maintenance and renewal

Weed management

Drainage maintenance and renewal and

Verge maintenance.

·      Waste Management 

The Shire is in the process of completing a Waste Management Plan in consultation with the local communities and stakeholders. This is due for review prior to release and hopes to provide local initiatives to waste management. Currently waste bins are provided for public use on Cape Leveque Road, approximately 12km from the Broome Highway. 

·    Building approvals and compliance (in terms of the Building Act 2011 and Building Regulations 2012).

·    Statutory and Strategic Planning services to the aboriginal communities (in terms of the Planning & Development Act 2005).

·    Library outreach services including postal loans and Children’s Book Week activities are provided throughout the district.

·    Advocacy and support in preparation of funding applications for sport and recreation infrastructure projects

·    Administration of KidSport funding applications for eligible juniors to cover club registration fees in structured junior sport.

·    Community and economic funding rounds administered by the Shire are able to be accessed by applicants throughout the district.

Representatives of the Dampier Ward communities are also encouraged to nominate to sit on the Local Emergency Management Committee and Bush Fire Advisory Committee to assist in the strategic direction of emergency management activities in the Shire of Broome.

The Shire has recognised the impact the recent sealing of Cape Leveque Road will have on Peninsula communities from an economic development perspective and has included a new objective to advocate for increased business support services:

Corporate Business Plan 2021 - 2025

Outcome 9: A strong, diverse and inclusive economy where all can participate

Objective 9.3: Activate the Dampier Peninsula

Action 2.1.3:  Advocate to State and Federal government to provide increased business support services to Dampier Peninsula communities (e.g. financial / legal advice, grant writing, business case development, innovation support and networking)

In addition, numerous objectives and actions within the Shire’s Corporate Business Plan reference the advocacy of State and Federal government agencies for improvements in service delivery more generally:

Additionally the following Actions are included in Council’s Corporate Business Plan:

Corporate Business Plan 2021 - 2025

Outcome 3: A healthy active community

Objective 3.2: Improve access to sport, leisure and recreation facilities, services and programs.

Action 3.2.1:  Advocate for funding to improve sporting infrastructure in Aboriginal Communities within the Shire.

Corporate Business Plan 2021 - 2025

Outcome 5: Responsible management of natural resources

Objective 5.2: Manage and conserve the natural environment, lands and water.

Action 5.2.2:  Advocate that State government improves drinking water quality and water source protection in Aboriginal communities.

Corporate Business Plan 2021 - 2025

Outcome 6: Responsible growth and development with respect for Broome’s natural and built heritage

Objective 6.1: Promote sensible and sustainable growth and development.

Action 6.1.4:  Advocate the State Government to facilitate land tenure solutions including resolving native title.

 

Funding

 

There is a misconception that a portion of funding received through Financial Assistance Grant’s (FAG’s) is tied specifically to the delivery of services to Aboriginal people within the community. This is not the case; Financial Assistance Grant funding is untied with no conditions placed on how the funds should be spent.

 

No specific funding is received for this purpose and as such any costs associated with servicing Aboriginal communities would be borne through municipal funds (rates and/or fees and charges). This increase in cost would effectively be borne by ratepayers and residents of the Shire.

 

Interestingly case studies on the transition of municipal and essential services from the Northern Territory Government to local government indicate that “Shires generally struggle to find the resources to provide an adequate range and standard of services to the meet the needs of local communities”[1]. While the transition of service delivery from Commonwealth / State to Local Government has been enacted, “delivery” issues in Aboriginal communities continue in large part due to funding limitations and an inability to raise revenue through land rating or fees and charges.

 

Summary

 

Delivery of essential and municipal services in Aboriginal communities is currently in train through the State led Regional Services Reform Unit.

 

Officers recommend that Council acknowledge the Elector Motion, noting that the delivery and funding of essential and municipal services in Aboriginal communities is the responsibility of the State Government via the Regional Services Reform Unit.

 

Officers also recommend that Council invite the Regional Services Reform Unit to provide an update on the Municipal and Essential Services Reform Roadmap at a future Council Workshop, with information to be provided to electors.

 

CONSULTATION

 

Department of Local Government Sport and Cultural Industries

 

FINANCIAL IMPLICATIONS

 

Should the officer recommendation be supported there will be no financial impact.

 

If the Elector Motion is supported there would be significant expenses associated with developing and implementing the proposed “integrated and inclusive development plan[s]”. A complete review of the Shire’s strategic and financial planning documents including operational service delivery and rating objectives would be required.

 

As no specific funding is received for this purpose, any costs associated with this activity would be borne through a direct increase in rates and/or fees and charges. All costs associated with this approach would effectively be borne by ratepayers and residents of the Shire.

RISK

There is significant risk associated with supporting the Elector Motion.

The delivery of municipal and essential services to Aboriginal communities is the responsibility of the State. As such Council has no legislative powers to undertake the delivery of such services and receives no funding to do so.

 

Council is also limited in its ability to deliver services having no legislated power over land on which Aboriginal communities are located.

 

This lack of power to deliver services and undertake operations on lands on which Aboriginal communities are located would make the practical delivery of the services proposed extremely difficult.

 

Encroaching on the delivery of municipal and essential services in Aboriginal communities would also have reputational and relationship impacts with the State and the various State agencies tasked with current service delivery.

 

OFFICERS RECOMMENDATION:

That Council:

1.   Notes the Elector Motion;

2.   Acknowledges the delivery and funding of essential and municipal services in Aboriginal communities is the responsibility of the State Government (not Local Government); and

3.   Requests the Chief Executive Officer invite the Regional Services Reform Unit to provide an update on the Municipal and Essential Services Reform Roadmap at a future Council Workshop, with information provided to be made available to electors where possible.

 

ELECTOR MOTION 5: MICHAEL LEAKE

 

ELECTOR MOTION FIVE (5):                                       Minute No. /0221/005

Moved: Michael Leake                                            Seconded: Nik Wevers

That the Shire work collaboratively with the Broome Squash Club to revisit the ongoing planning for the development of suitable community space at BRAC, including the development of extra squash courts, to meet the needs of many parts of the community, especially junior sports and school participants.

CARRIED

 

 

COMMENT – MANAGER SPORT & RECREATION

 

The investment into sport and recreation infrastructure by the Shire of Broome is guided by the Shire’s Sport and Recreation Plan (2019 – 2029). The most recent version of this plan was adopted at the February Ordinary Meeting of Council in 2019. The Sport and Recreation Plan is due to be reviewed in the 2021/22 financial year. This is an action identified in the Shire’s Corporate Business Plan (3.2.2).

 

A key element of the development of the existing plan, and a key part of the review, will be to engage with sporting clubs that operate out of the Shire’s facilities, including the Broome Squash Club.

 

An additional action within the Shire’s Corporate Business Plan is to provide a gym and fitness facility at the Broome Recreation Aquatic Centre (3.2.8). It is anticipated that with the most suitable location for this facility to be placed on site, the planning of future squash courts will also need to be considered.

 

The growth and performance of the Broome Squash Club is acknowledged, and the club should be congratulated on the commitment to their sport and their members.

 

CONSULTATION

 

During the development of the current sport and recreation plan, every sporting club in Broome was given the opportunity to meet with the consultant and discuss their needs and any specific club issues. 22 clubs chose to take part and provided their input into their formulation of the plan prior to being presented to Council. The Broome Squash Club was involved in this consultation.

 

It is intended that the clubs will again be consulted during the review of the sport and recreation plan as per Corporate Business Plan item 3.2.2.

 

RISK

 

If a review of the sport and recreation plan is not undertaken prior to commitment to significant infrastructure projects, the key priorities will not be clearly identified for Council consideration or for support of funding applications from State and Federal Government. Several key items from the current sport and recreation plan have been achieved and it is timely to reset and ensure that identified trends and infrastructure requirements are still current. 

 

OFFICERS RECOMMENDATION:

That Council:

1.   Notes the Elector Motion; and

2.   Requests the Chief Executive Officer, as part of a future review of the Shire’s Sport and Recreation Plan, work collaboratively with the Broome Squash Club, and other Broome sporting clubs, to revisit the ongoing planning for the development of suitable community space at the Broome Recreation and Aquatic Centre, including the possible development of additional squash courts, to meet the needs of many parts of the community, especially junior sports and school participants.

 

ELECTOR MOTION 6: MICHAEL LEAKE 

 

Elector motion six (6):                                         Minute No. /0221/006

Moved: Michael Leake                                            Seconded: Jan Lewis

That the Council provides a detailed report back to the ratepayers of Broome regarding the Shire’s dealings and relationships with Broome Futures Ltd (BFL/West Kimberley Alliance) including at least the following - funding and results, appointment terms and time frame, governance, accountability back to the council and benefits to the rate payers and other points that provide transparency and accountability.

CARRIED

 

COMMENT – MANAGER COMMUNITY AND DEVELOPMENT

 

The Shire of Broome is seeking an acquittal report from West Kimberley Alliance (WKA) for the funding provided by Council. This will document outcomes and outputs achieved, lessons learnt, and provide audited financials related to the funding provided.

 

Once the acquittal is assessed by the Shire of Broome, officers will prepare a report for Council consideration detailing the Shire’s engagement with WKA.

 

The Shire encourages members of the public to contact WKA directly if further information regarding the West Kimberley’s strategic vision, constitution or operations is required.

 

RISK

 

Regular public questions and freedom of information requests have been submitted over the past 12 months seeking further information on the Shire of Broome’s engagement with the WKA.

 

There is risk the number of hours of Officer time allocated to responding to public questions and freedom of information requests will continue to increase if no action is taken.

 

The Shire of Broome has authority to release Shire owned documents to the public. It does not have authority to release documents owned by the WKA.

 

OFFICERS RECOMMENDATION:

That Council:

1.   Notes the Elector Motion;

2.   Requests the Chief Executive Officer to again seek the acquittal report from West Kimberley Alliance documenting the outcomes and outputs achieved from funding provided by the Shire of Broome.

3.   Requests the Chief Executive Officer to prepare a report for Council’s consideration for public release detailing the Shire of Broome’s engagement with the West Kimberley Alliance following the review of the acquittal report.

4.   Encourages members of the public to contact West Kimberley Alliance directly if further information regarding the West Kimberley Alliance’s strategic vision or constitution is required.

 

STATUTORY ENVIRONMENT

 

Local Government Act 1995

 

Subdivision 4 — Electors’ meetings

5.26.  Term used: electors

               In this Subdivision — 

          electors include ratepayers.

 

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.

               [Section 5.27 modified: SL 2020/57 1M.]

 

STRategic implications

 

Performance - We will deliver excellent governance, service and value, for everyone:

 

Sustainable and integrated strategic and operational plans

 

Effective community engagement

 

VOTING REQUIREMENTS

Simple Majority

 

OFFICERS RECOMMENDATION: Elector Motion 1

That Council:

1.   Notes the Elector Motion; and

2.   Requests the Chief Executive Officer proceed with the review of the Weed Management Strategy in the 2022/23 financial year as detailed in the Corporate Business Plan 2021 – 2025.

 

Council Resolution:                                            Minute No. C/0221/014

Moved: Cr F West                                                      Seconded: Cr N Wevers

That Council;

1.      Notes the draft of the Shire’s Weed Management Strategy will be finalised and  presented to Council for adoption in the current financial year;

2.      Request that the development of an Action Plan be considered as part of the 2021 – 2022  budget.

CARRIED UNANIMOUSLY 8/0

Reason: To better reflect the intent of the elector motion.

 

9.4.1 ANNUAL ELECTORS MEETING - 4 FEBRUARY 2021 - ELECTOR MOTION TWO (2) - IMPROVED HEALTH FACILITIES (ANDREW CHAMBERS)

Council Resolution:

(Recommendation)                                               Minute No. C/0221/015

Moved: Cr B Rudeforth                                             Seconded: Cr E Foy

That Council:

1.   Notes the Elector Motion;

2.   Continues to advocate for improved access to health facilities, services and programs to achieve good general and mental health in the community; and

3.   Continues to advocate for hospital facilities and services to address long-term health needs.

CARRIED UNANIMOUSLY 8/0

 

9.4.1      ANNUAL ELECTORS MEETING - 4 FEBRUARY 2021 - ELECTOR MOTION THREE (3) - ADVOCATE FOR HOUSING DIVERSITY AND SAFE AFFORDABLE ACCOMMODATION (ANDREW CHAMBERS)

Council Resolution:

(Recommendation)                                               Minute No. C/0221/016

Moved: Cr C Mitchell                                               Seconded: Cr B Rudeforth

That Council:

1.   Notes the Elector Motion;

2.   Continues to advocate for housing diversity to meet community needs (e.g. retirement village, aged care facilities, accommodation for seasonal workers etc.);

3.   Continues to advocate for the promotion of access to safe, affordable accommodation to meet all needs, including itinerants, homeless people, those at risk, youth and the elderly.

CARRIED UNANIMOUSLY 8/0

 

9.4.1      ANNUAL ELECTORS MEETING - 4 FEBRUARY 2021 - ELECTOR MOTION FOUR (4) - REGIONAL SERVICES REFORM UNIT INVITE TO UPDATE ON MUNICIPAL AND ESSSENTIAL SERVICES REFORM ROADMAP (ANDREW CHAMBERS)

Council Resolution:

(Recommendation)                                               Minute No. C/0221/017

Moved: Cr C Mitchell                                               Seconded: Cr N Wevers

That Council:

1.   Notes the Elector Motion;

2.   Acknowledges the delivery and funding of essential and municipal services in Aboriginal communities is the responsibility of the State Government (not Local Government); and

3.   Requests the Chief Executive Officer invite the Regional Services Reform Unit to provide an update on the Municipal and Essential Services Reform Roadmap at a future Council Workshop, with information provided to be made available to electors where possible.

 

CARRIED UNANIMOUSLY 7/1

 

9.4.1      ANNUAL ELECTORS MEETING - 4 FEBRUARY 2021 - ELECTOR MOTION FIVE (5) - SHIRE WORK COLLABORATIVELY WITH THE BROOME SQUASH CLUB FOR A SUITABLE COMMUNITY SPACE AT BRAC - (MICHAEL LEAKE)

Council Resolution:

(Recommendation)                                               Minute No. C/0221/018

Moved: Cr C Mitchell                                               Seconded: Cr P Taylor

That Council:

1.   Notes the Elector Motion; and

2.   Requests the Chief Executive Officer, as part of a future review of the Shire’s Sport and Recreation Plan, work collaboratively with the Broome Squash Club, and other Broome sporting clubs, to revisit the ongoing planning for the development of suitable community space at the Broome Recreation and Aquatic Centre, including the possible development of additional squash courts, to meet the needs of many parts of the community, especially junior sports and school participants.

 

CARRIED UNANIMOUSLY 8/0

 

9.4.1      ANNUAL ELECTORS MEETING - MOTION SIX (6) - WEST KIMBERLEY ALLIANCE ACQUITAL REPORT - (MICHAEL LEAKE)

 

OFFICERS RECOMMENDATION:

That Council:

1.   Notes the Elector Motion;

2.   Requests the Chief Executive Officer to again seek the acquittal report from West Kimberley Alliance documenting the outcomes and outputs achieved from funding provided by the Shire of Broome.

3.   Requests the Chief Executive Officer to prepare a report for Council’s consideration for public release detailing the Shire of Broome’s engagement with the West Kimberley Alliance following the review of the acquittal report.

4.       Encourages members of the public to contact West Kimberley Alliance directly if further information regarding the West Kimberley Alliance’s strategic vision or constitution is required.

 

Council Resolution:

                                                                                     Minute No. C/0221/019

Moved: Cr N Wevers                                                Seconded: Cr F West

That Council:

1.   Notes the Elector Motion;

2.   Requests the Chief Executive Officer to again seek the acquittal report documenting the outputs and outcomes achieved from funding provided by the Shire of Broome by 25 May 2021;

3.   Requests the Chief Executive Officer to prepare a report for Council’s consideration at the June Ordinary Council Meeting, and for public release, detailing:

a)   the Shire of Broome’s engagement with the West Kimberley Alliance following the review of the acquittal report

b)   status of the Memorandum of Understanding between the West Kimberley Alliance or the previous one with Broome Futures Ltd as the case maybe

c)   governance structure, number of Directors, relevant Strategic Plan and

d)   advice about the future relationship between the Shire of Broome and the West Kimberley Alliance.

4.   Encourages members of the public to contact the West Kimberley Alliance directly if further information regarding the West Kimberley Alliance’s strategic vision or Constitution is required.

CARRIED UNANIMOUSLY 8/0

 

 

Reason: To provide a timeframe for response and to acknowledge concerns of, and provide clarity to electors.

Attachments

1.

Annual Electors Meeting Minutes - 4 February 2020

  


Minutes – Ordinary Meeting of Council 25 February 2021                                                                        Page 1 of 2

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9.4.2      LOCAL GOVERNMENT ELECTIONS 2021

LOCATION/ADDRESS:                             Nil

APPLICANT:                                              Nil

FILE:                                                           GOE04

AUTHOR:                                                   Manager Governance, Strategy and Risk

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                           Director Corporate Services

DISCLOSURE OF INTEREST:                      Nil

 

 

SUMMARY:

This report recommends that Council appoint the Western Australian Electoral Commission (WAEC)to conduct the 2021 Ordinary Election on behalf of the Shire and that the election be an ‘In-Person’ election.

 

BACKGROUND

 

The next local government ordinary election is scheduled to be held on Saturday 16 October 2021. There will be three (3) positions in the Broome Ward and one (1) position in the Dampier Ward contested.

 

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 to appoint another person. This appointment must occur at least 80 days prior to election day.

 

Section 4.61(1) of the Local Government Act 1995 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.

 

Postal voting legislation currently prohibits early polling. This limits the ability to provide pre-polling opportunities in the Dampier Ward in particular and for that reason has not been considered for the 2021 Ordinary Election.

 

The WAEC has conducted the in-person elections on behalf of the Shire since 2009. Voter turnout for the last six Shire of Broome in-person elections is as follows:

Ward

2009

2011

2013

2015

2017

2019

Broome

33.4%

44.0%

34.4%

26.3%

24.5%

27.2%

Dampier

22.2%

25.5%

27.4%

21.6%

-

-

 

COMMENT

The WAEC have provided a cost estimate of $38,000 including GST to conduct the 2021 election (Attachment 1). This is based on the appointment of a local Returning Officer (RO).

 

At the last election in 2019, Council requested that the WAEC appoint an external to Broome RO to eliminate any perception of political or personal influence. This provided increased assurance to the candidates and the community that the election was undertaken in an open and transparent manner.

 

The use of an external RO will increase the estimated cost of the election by $6,000 including GST. Based on the success of this in 2019 it is recommended that this continue for the 2021 election.

 

To confirm the WAEC engagement for the 2021 election a resolution of Council by absolute majority is required under section 4.20(4) of the Act.

                                    

Local Government Act Review Final Report 2020

 

The report contained two specific recommendations of note that have relevance to this item. Whilst not expected to be legislated prior to the October 2021 election it provides a strong indication of where electoral legislation may be headed.

 

Recommendation 23. All local government elections should be overseen by the Western Australian Electoral Commissioner.

The Shire has a well-established relationship with the WAEC and supports this continuance.

 

Recommendation 25(a) Postal voting be required, with lodgement of these votes to be allowed in person on and before election day.

This recommendation if legislated, will overcome the current postal voting limitation on not being able to conduct in-person pre-polling prior to election day. Postal voting would be a genuine alternative if this were to come into effect, mitigating the major concerns over the postal system that have been raised in the past.

 

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.

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.

 

POLICY IMPLICATIONS

 

Election Caretaker Policy

 

FINANCIAL IMPLICATIONS

 

The amount of $44,000 (incl. GST) will be allocated in the 2021/22 municipal budget (GL 20404), subject to Council endorsement.

 

RISK

 

Utilising the WAEC resources and expertise reduces the risk of non-compliance and ensures a high level of impartiality and transparency.

 

STRATEGIC IMPLICATIONS  

 

Performance - We will deliver excellent governance, service and value, for everyone.

 

Deliver best practice governance and risk management.

 

VOTING REQUIREMENTS

Absolute Majority

 

Council Resolution:

(Report Recommendation)                                 Minute No. C/0221/021

Moved: Cr B Rudeforth                                             Seconded: Cr C Mitchell

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 2021 Ordinary Election together with any other elections or polls which may also be required;

2.       Determines the Shire of Broome 2021 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 2021/22 budget.

CARRIED UNANIMOUSLY BY ABSOLUTE MAJORITY 8/0

 

Attachments

1.

WAEC 2021 Ordinary Election Cost Estimate.

  


Item 9.4.2 - LOCAL GOVERNMENT ELECTIONS 2021

 

 

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Minutes – Ordinary Meeting of Council 25 February 2021                                                                        Page 1 of 2

 

9.4.3      MODEL CODE OF CONDUCT FOR COUNCIL MEMBERS, COMMITTEE MEMBERS AND CANDIDATES

LOCATION/ADDRESS:                             Nil

APPLICANT:                                              Nil

FILE:                                                           ADC06

AUTHOR:                                                   Manager Governance, Strategy and Risk

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                           Director Corporate Services

DISCLOSURE OF INTEREST:                      Nil

 

 

SUMMARY:

This report updates Council on recent legislative changes with regards to the Code of Conduct and Chief Executive Officer (CEO) Employment Standards.

It also recommends Council approve a standard complaints form for dealing with alleged Division 3 (Behaviour) breaches of the Model Code of Conduct, and further recommends that the Director Corporate Services and the Manager Governance, Strategy and Risk be authorised to receive complaints and withdrawals of complaints under Division 3 (Behaviour). 

 

BACKGROUND

 

On 27 June 2019 the Local Government Legislation Amendment Act 2019 was passed by Parliament.

 

The Amendment Act addresses the following key areas, within the Local Government Act (1995):

·    elected member training

·    the treatment of gifts

·    a new code of conduct

·    changes to the Standards Panel

·    best practice standards for CEO recruitment, performance review and early termination; and

·    greater transparency through more information being made more easily accessible online.

 

The reforms that have already come into operation through new regulations include:

·    a new gift framework

·    universal training for council members

·    online induction course for prospective local candidates

·    changes to the Standards Panel; and

·    greater transparency and easier access to information (partly in place).

 

On 3 February 2021 regulations took effect, implementing the remaining parts of the Amendment Act as follows:

·    Model Code of Conduct (MCC)

·    Model CEO Standards and

·    Employee Code of Conduct Regulations.

 

The Department of Local Government Sport and Cultural Industries (DLGSC) has acknowledged that the regulations will take time to operationalise with an expectation that local governments complete this within three months from the date the regulations took effect, by 3 May 2021.

 

This agenda item will focus on the two specific actions recommended to be completed within 3 weeks of the regulations taking effect. This relates to approving a form for complaints to be lodged under the MCC and secondly to authorise 1 or more persons to receive complaints and withdrawal of complaints under clause 11(3) of the MCC.

 

An outline of the other actions that will need to be completed by 3 May 2021 will also be provided.

 

COMMENT

 

Model Code of Conduct; Division 3 (Behaviour)

 

Previously, each local government had their own code of conduct to manage behaviour.

 

The new MCC replaces the individual codes and applies to all members and candidates. A separate code of conduct will be developed for employees including the CEO.

 

The new MCC provides for a high-level process to deal with complaints to ensure a more consistent approach across the sector. The intent of the MCC is to address behaviour through education rather than sanctions.

 

If a council member does not comply with any action required following a substantiated breach of Division 3 (Behaviour) of the MCC, the matter may be referred to the Standards Panel as an alleged contravention of Division 4 (Rules of Conduct). The Standards Panel has the authority to make binding decisions to resolve minor breaches.

 

Form for Complaint Lodgement

 

The DLGSC has provided a template that local governments can use to receive complaints. This form has been customised for the Shire of Broome and requires Council approval under Clause 11(2)(a) of the MCC. The form is provided at Attachment 1.

 

Authorisation of 1 or more persons to receive complaints and withdrawals

 

Clause 11(3) of the MCC requires Council to authorise 1 or more persons to receive complaints and withdrawal of complaints related specifically to Division 3 (Behaviour) of the MCC.

 

This can be the same person as the Complaints Officer under section 5.120 of the Local Government Act 1995, which in the case of the Shire of Broome, is currently the CEO.

 

The purpose of the Complaints Officer under section 5.120 is effectively ‘just a mailbox’ to receive minor breach complaints arising from Division 4 (Rules of Conduct), clauses 16-23 of the MCC and forwarding them to the Standards Panel for assessment.

 

The person or persons authorised under Clause 11(3) of the MCC will be required to deal with the complaint in accordance with the Complaints Handling Policy and Procedures that need to be developed and adopted by Council.

 

Advice received from the Governance Team at WALGA suggested that it may be prudent to not have the CEO receive complaints under Clause 11(3) of the MCC. The CEO is effectively the only employee directly appointed by Council. Handling behavioural complaints could unnecessarily compromise the vital working relationship the CEO maintains with the elected members and there is a risk that this could create the perception of bias and a conflict of interest.   

 

The alternative options are to engage an external party or to authorise one or more employees considered to have the experience and qualifications to handle a complaint, particularly recognising the requirement for procedural fairness and natural justice.

 

Given the current time constraints it is recommended that the Director of Corporate Services and the Manager Governance, Strategy and Risk be initially authorised under Clause 11(3) to receive complaints and withdrawals under Division 3 of the MCC. This authorisation can be reviewed by Council at anytime and particularly during the development of a Complaint Handling Policy and Procedure.

 

Future Actions required by 3 May 2021

 

·    Council adoption of the Model Code of Conduct: Local governments can incorporate any additional behaviour requirements in Division 3 (Behaviour) that are not represented in the MCC. Any changes must be consistent with the MCC. To adopt the MCC and any amendments requires a resolution passed by absolute majority. The adopted code must then be published on the Shire’s official website.

·    Complaints handling policy and/or procedure: Both the DLGSC and WALGA recommend that these be developed as a matter of priority to ensure consistency in how complaints are managed in the future. The DLGSC has directed local governments to the Ombudsman WA’s website for resources in relation to effective complaints management.

·    CEO standards for the recruitment, selection, performance review and termination: Local Governments are required to adopt standards that incorporate the model standards. The regulations now require the position of CEO to be advertised if a period of 10 or more years has elapsed since a recruitment process has been carried out.

·    Policy for Temporary Employment or Appointment of CEO. Section 5.39C of the Local Government Act 1995, now requires local governments to adopt a policy in relation to the employment of a person in the position of CEO for a term not exceeding 1 year and the appointment of an employee to act in the position of CEO for a term not exceeding 1 year. WALGA are advocating to the DLGSC to have them develop and provide a template policy in the near future.

·    Employee Code of Conduct: The DLGSC has confirmed that Local Governments are not required to implement a new Employee Code of Conduct immediately. Rather, existing Employee Codes of Conduct should be reviewed, and a new Employee Code of Conduct prepared and implemented as soon as practicable. WALGA have indicated that they will produce a template Employee Code of Conduct for Employees, and the Public Sector Commission has produced some resources in this area.

 

CONSULTATION

 

WALGA Governance Team.

DLGSC

 

STATUTORY ENVIRONMENT

 

Local Government (Model Code of Conduct) Regulations 2021

Schedule 1        Model Code of Conduct

Division 3           Behaviour

 

Clause 11           Complaint about alleged breach

 

(1)  A person may make a complaint, in accordance with subclause (2), alleging a breach of a requirement set out in this division.

(2)  A complaint must be made –

(a) in writing in the form approved by the local government; and

(b) to a person authorised under subclause (3); and

(c) within 1 month after with occurrence of the alleged breach.

(3)  The local government must, in writing, authorise 1 or more persons to receive complaints and withdrawal of complaints.

 

POLICY IMPLICATIONS

 

The Model Code of Conduct requires a council member to comply with all policies, procedures and resolutions of the local government.

 

Policies of specific reference to the Model Code of Conduct are:

 

·    Elected Member Communications and Social Media Policy

·    Elected Member Continuing Professional Development Policy

·    Election Caretaker Policy

·    Formal Communication – Elected Members and Staff

 

Policies of specific reference to the new CEO Standards and that will require amendment are:

·    Appointment of Acting Chief Executive Officer Policy; and

·    Senior Employee Policy.

 

FINANCIAL IMPLICATIONS

 

Nil initially.

 

If Council, choose to appoint an external complaint handling resource in the future, or where external mediation may be required to resolve a complaint, additional financial implications will be incurred.

 

RISK

 

Minimal risk. This item ensures that Council meets compliance with the new legislative requirements.

 

STRATEGIC IMPLICATIONS  

 

Performance - We will deliver excellent governance, service and value, for everyone.

 

Deliver best practice governance and risk management.

 

VOTING REQUIREMENTS

Simple Majority

 

Council Resolution:

(Report Recommendation)                                 Minute No. C/0221/022

Moved: Cr C Mitchell                                               Seconded: Cr N Wevers

That Council:  

1.       Approves the Shire of Broome Complaint About Alleged Breach Form in accordance with Division 3 of the Local Government (Model Code of Conduct) Regulations 2021-Clause 11(2)(a) as attached; and

2.       Authorises the Director Corporate Services and the Manager Governance, Strategy and Risk to receive complaints and withdrawals of complaints in accordance with Division 3 of the Local Government (Model Code of Conduct) Regulations 2021 – Clause 11(3).

CARRIED UNANIMOUSLY 8/0

 

Attachments

1.

Shire of Broome - Division 3 Code of Conduct Complaint Form

2.

Shire of Broome Model Code of Conduct Feb 2021

  


Item 9.4.3 - MODEL CODE OF CONDUCT FOR COUNCIL MEMBERS, COMMITTEE MEMBERS AND CANDIDATES

 

 

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Item 9.4.3 - MODEL CODE OF CONDUCT FOR COUNCIL MEMBERS, COMMITTEE MEMBERS AND CANDIDATES

 

 

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Minutes – Ordinary Meeting of Council 25 February 2021                                                                        Page 1 of 2

 

9.4.4      MONTHLY PAYMENT LISTING DECEMBER 2020

LOCATION/ADDRESS:                             Nil

APPLICANT:                                              Nil

FILE:                                                           FRE02

AUTHOR:                                                   Finance Officer - Creditors

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                           Director Corporate Services

DISCLOSURE OF INTEREST:                      Nil

 

 

SUMMARY:

This report recommends that Council receives the list of payments made under delegated authority, as per the attachment to this report, for December 2020.

 

BACKGROUND

 

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

 

COMMENT

 

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 December 2020.

 

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 during December 2020 after $1,833,385.13 in personnel payments, $836,904.58 in utilities and other non-local sole suppliers were 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  

 

Performance - We will deliver excellent governance, service and value, for everyone.:

 

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

 

Council Resolution:

(Recommendation)                                               Minute No. C/0221/023

Moved: Cr D Male                                                    Seconded: Cr C Mitchell

That Council:  

1.   Receives the list of payments made from the Municipal and Trust Accounts in December 2020 totalling $5,452,329.79 (Attachment 1) as per the requirements of Regulation 12 of the Local Government (Financial Management) Regulations 1996 covering:

a)      EFT Vouchers EFT58568 - EFT59016 totalling $4,939,495.61;

b)      Municipal Cheque Vouchers 57665 - 57666 totalling $1309.53;

c)      Trust Cheque Vouchers 0.00 – 0.00 totalling $0.00 and

d)      Credit Card Payments and Municipal Direct Debits DD28784.1 – DD28917.1 totalling $511,524.65.

2.   Notes the local spend of $1,719,898.63. included in the amount above, equating to 61.82% of total payments excluding personnel, utilities and other external sole supplier costs.

CARRIED UNANIMOUSLY 8/0

 

Attachments

1.

Monthly Payment Listing December 2020

  


Item 9.4.4 - MONTHLY PAYMENT LISTING DECEMBER 2020

 

 

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Minutes – Ordinary Meeting of Council 25 February 2021                                                                        Page 1 of 2

 

9.4.5      MONTHLY PAYMENT LISTING JANUARY 2021

LOCATION/ADDRESS:                             Nil

APPLICANT:                                              Nil

FILE:                                                           FRE02

AUTHOR:                                                   Finance Officer - Creditors

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                           Director Corporate Services

DISCLOSURE OF INTEREST:                      Nil

 

 

SUMMARY:

This report recommends that Council receives the list of payments made under delegated authority, as per the attachment to this report, for January 2021.

 

BACKGROUND

 

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

 

COMMENT

 

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 January 2021.

 

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 January 2021 after $1,179,936.17 in personnel payments, $2,265,432.50 in utilities and other non-local sole suppliers were 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  

 

Performance Aspiration – we will deliver excellent governance, service and value, for everyone:

 

Excellence in organisational performance and service delivery.

 

VOTING REQUIREMENTS

Simple Majority

 

Council Resolution:

(Recommendation)                                               Minute No. C/0221/024

Moved: Cr D Male                                                    Seconded: Cr B Rudeforth

That Council:  

1.   Receives the list of payments made from the Municipal and Trust Accounts in January 2021 totalling in $5,163,219.40 (Attachment 1) per the requirements of Regulation 12 of the Local Government (Financial Management) Regulations 1996 covering:

a)      EFT Vouchers EFT59017 – EFT59416 totalling $4,974,917.81;

b)      Municipal Cheque Vouchers 57667 - 57669 totalling $600.00

c)      Trust Cheque Vouchers 000 - 000 totalling $0.00; and

d)      Credit Card Payments and Municipal Direct Debits DD28921.1 – DD28982.32 totalling $187,701.59.

2.   Notes the local spend of $1,258,135.78 included in the amount above, equating to 73.24%. of total payments excluding personnel, utility and other external sole supplier costs

CARRIED UNANIMOUSLY 8/0

 

Attachments

1.

MONTHLY PAYMENT LISTING JANUARY 2021

  


Item 9.4.5 - MONTHLY PAYMENT LISTING JANUARY 2021

 

 

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Minutes – Ordinary Meeting of Council 25 February 2021                                                                        Page 1 of 2

 

9.4.6      MONTHLY STATEMENT OF FINANCIAL ACTIVITY REPORT DECEMBER 2020

LOCATION/ADDRESS:                             Nil

APPLICANT:                                              Nil

FILE:                                                           FRE02

AUTHOR:                                                   Senior Finance Officer

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                           Director Corporate Services

DISCLOSURE OF INTEREST:                      Nil

 

 

 

SUMMARY:

Council is required by legislation to consider and adopt the Monthly Statement of Financial Activity Report for the period ended 31 December 2020, as required by Regulation 34(1) of the Local Government (Financial Management) Regulations 1996 (FMR).

 

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).

 

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 2020/21 Annual Budget was adopted at the Ordinary Meeting of Council on 25 June 2020.

 

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 78.06% has been collected)

Total Other Operating Revenue               50%

Total Operating Expenditure                     45%

Total Capital Revenue                               68%

Total Capital Expenditure                          31%

Total Sale of Assets Revenue                     16%

 

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 2020/21 Annual Budget presented at the Ordinary Meeting of Council on 25 June 2020, Council adopted a balanced budget to 30 June 2021.

 

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

 

Nil

 

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  

 

Performance - We will deliver excellent governance, service and value, for everyone:

 

An organisational culture that strives for service excellence

 

Responsible resource allocation

 

VOTING REQUIREMENTS

Simple Majority

 

Council Resolution:

(Recommendation)                                               Minute No. C/0221/025

Moved: Cr D Male                                                    Seconded: Cr C Mitchell

That Council adopts the Monthly Financial Activity Statement Report for the period ended 31 December 2020.

CARRIED UNANIMOUSLY 8/0

 

Attachments

1.

MONTHLY STATEMENT OF FINANCIAL ACTIVITY REPORT DECEMBER 2020

  


Item 9.4.6 - MONTHLY STATEMENT OF FINANCIAL ACTIVITY REPORT DECEMBER 2020

 

 

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Minutes – Ordinary Meeting of Council 25 February 2021                                                                        Page 1 of 2

 

9.4.7      MONTHLY STATEMENT OF FINANCIAL ACTIVITY JANUARY 2021

LOCATION/ADDRESS:                             Nil

APPLICANT:                                              Nil

FILE:                                                           FRE02

AUTHOR:                                                   Senior Finance Officer

CONTRIBUTOR/S:                                    Nil

RESPONSIBLE OFFICER:                           Director Corporate Services

DISCLOSURE OF INTEREST:                      Nil

 

 

 

SUMMARY:

Council is required by legislation to consider and adopt the Monthly Statement of Financial Activity Report for the period ended 31 January 2021, as required by Regulation 34(1) of the Local Government (Financial Management) Regulations 1996 (FMR).

 

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).

 

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 2020/21 Annual Budget was adopted at the Ordinary Meeting of Council on 25 June 2020.

 

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

Budget Year elapsed                                 58.90%

Total Rates Raised Revenue                      100% (of which 84.41% has been collected)

Total Other Operating Revenue               53%

Total Operating Expenditure                     52%

Total Capital Revenue                               69%

Total Capital Expenditure                          37%

Total Sale of Assets Revenue                     16%

 

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 2020/21 Annual Budget presented at the Ordinary Meeting of Council on 25 June 2020, Council adopted a balanced budget to 30 June 2021.

 

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

 

Nil

 

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  

 

Prosperity – Together, we will build a strong, diversified and growing economy with work opportunities for everyone:

 

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

 

Performance - We will deliver excellent governance, service and value, for everyone:

 

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

 

Council Resolution:

(Recommendation)                                               Minute No. C/0221/026

Moved: Cr C Mitchell                                               Seconded: Cr D Male

That Council adopts the Monthly Financial Activity Statement Report for the period ended 31 January 2021.

CARRIED UNANIMOUSLY 8/0

 

Attachments

1.

Monthly Statement of Financial Activity January 2021

  


Item 9.4.7 - MONTHLY STATEMENT OF FINANCIAL ACTIVITY JANUARY 2021

 

 

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