Minutes of Ordinary Meeting - 27 November 2014

Minutes – Ordinary Meeting of Council 27 November 2014 Page 8 of 9

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 27 November 2014, COMMENCING AT 5.00pm.

1. Official Opening

The Chairman welcomed Councillors, Officers and members of the public and declared the meeting open at 5.01pm.

2. Attendance and Apologies

Attendance: Cr G Campbell Shire President

Cr H Tracey Deputy Shire President

Cr A Poelina

Cr P Matsumoto

Cr M Lewis

Cr M Manado

Cr D Male

Cr C Mitchell

Leave of Absence: Nil

Apologies: Nil

Officers: Mr K Donohoe Chief Executive Officer

Mr P Martin Deputy Chief Executive Officer

Mr S Mastrolembo Director Corporate Services

Mr A Schonfeldt Director Development Services

Mr M Dale Director Engineering Services

Ms J Moloney Council Secretary

Mr S Penn Media and Promotions Officer

Public Gallery: Danielle Dwyer Shire of Broome

Melissa Taylor Shire of Broome

Suzie Haslehurst Shire of Broome

Paul Plummer UWA

Tamara Cusack Shire of Broome

Stephanie McCormick Shire of Broome

Sandy Darrington Nagula Jarndu Art Centre

Lyn Yu-Mackay Nagula Jarndu Art Centre

Joe Hogan Local resident

Elisabeth Lucke Expo

Peter Taylor

Louise Middleton

Adam Seiler Shire of Broome

Sean Salmon Resident

Simon Proud Landcorp

Holly Scott KPHU-WACHS

Rani Middleton SMC

Coco Yu

3. Declarations Of Financial Interest / Impartiality

FINANCIAL INTEREST
Councillor	Item No	Item	Nature of Interest
Cr D Male	9.1.2	NORTH WEST EXPO - VENUE LICENCE, SPONSORSHIP AGREEMENT AND BANK OVERDRAFT GUARANTEE	Financial – The applicant is a client of my business.
Cr H Tracey	9.1.3	APPLICATION FOR RATE EXEMPTION - FOUNDATION HOUSING LIMITED	Financial – Have completed construction contracts for FHL.
Cr M Manado	9.2.1	PROPOSED WOODS DRIVE LANEWAY CLOSURE - RESPONSE TO COMMUNITY ENGAGEMENT	Financial – Rent a house nearby on Woods Drive.
Cr G Campbell	9.2.2	FINAL ADOPTION - LOCAL PLANNING POLICY - OLD BROOME DEVELOPMENT STRATEGY	Financial/Proximity – Director of a company that leases Financial - Roebuck Bay Caravan Park which is immediately adjacent to Town Beach Precinct.
Cr P Matsumoto	9.2.2	FINAL ADOPTION - LOCAL PLANNING POLICY - OLD BROOME DEVELOPMENT STRATEGY	Financial – I am an owner of Lot 222, 52 Robinson St.
Cr M Manado	9.3.1	KIMBERLEY REGIONAL OFFICES - REVIEW OF OUTGOINGS	Financial – Employee – Dept. Corrective Services who rent office spaces.

Director	Item No	Item	Nature of Interest
S Mastrolembo	9.2.2	FINAL ADOPTION - LOCAL PLANNING POLICY - OLD BROOME DEVELOPMENT STRATEGY	Financial – Property owner within the subject area.

IMPARTIALITY
Councillor	Item No	Item	Nature of Interest
Cr C Mitchell	9.1.2	NORTH WEST EXPO - VENUE LICENCE, SPONSORSHIP AGREEMENT AND BANK OVERDRAFT GUARANTEE	Impartiality – N W Expo as a committee member (unpaid)
Cr C Mitchell	9.1.4	TENDER 14/15 4 JONES PLACE	Impartiality – Broome Mens Shed as a member and current secretary (unpaid)
Cr P Matsumoto	10.2	YAWURU PARK COUNCIL – PROGRESS REPORT and YPC MINUTES 12 MARCH 2014, 7 APRIL 2014 and 11 JUNE 2014	Impartiality – Nyamba Buru and is a member of Native title.

4. Public Question Time

The following questions were submitted prior to the Ordinary Meeting of Council 27 November 2014 by Sean Salmon.

Question 1: Many of the submissions on The Old Broome Development Strategy outlined requests for Residential areas not to change to Mixed Use. The Shire Officers comment acknowledges there was concern shown and that there was preference for the Precinct to remain residential.

Proposing to move residential areas to mixed use results in a significant increase in acceptable airport noise as recommended by Australian standards.

As the proposed change to mixed use is obviously not supported, can the Shire guarantee that any existing residential areas that are proposed to become mixed use will retain noise pollution criteria, particularly relating to airport noise, to that of recommended Australian standards for Residential areas?

Answer provided by Director Development Services

With regards to Airport Noise, the Shire cannot guarantee that the existing residential areas will not be further impacted by the increased activities of the airport, as this is not regulated by Local Government. Airservices Australia or the Environmental Protection Authority may be able to assist with regards to this question.

Question 2: The Broome Airport Development Plan lacks information and contains information which is inaccurate and outdated. For example the Australian Noise Exposure Forecasts (ANEF) is supposed to be relevant until the Year 2025, yet is based upon only 12 heavy helicopter movements a day, that is 6 flights, which would only operate in daytime. Information from Air Services Australia indicates they have already reached this threshold and also have flights at night time, and that heavy helicopter movements are going to further increase. This would obviously impact the ANEF.

How can the Shire Officers and the Councilors make informed planning decisions, such as the Old Broome Development Plan, without current and accurate noise forecasts?

Answer provided by Director Development Services

Council in 2011 adopted the Airport Development Plan with associated ANEF contours. These have also been included into LPS 6. When airport activity increases the airport may be required to remodel the ANEF contours. Airservices Australia may be required to endorse the ANEF contours.

The Shire may raise issues with regards to the new ANEF modeling at the time it is done. Generally in preparation of such a submission Council would consider strategies such as the Old Broome Development Strategy to consider the potential impacts that noise may have on existing and future land uses.

Question 3: Other Shires in WA, such as Karratha and Busselton, when considering Airport Development Plans and their consequences, utilise current ANEF Australian Noise Exposure Forecasts (ANEF), Australian Noise Exposure Index, N70 contours (number of events of 70 decibels) or greater, N60 contours, independent noise assessments and referrals to the EPA for noise assessment. Considering the relocation of the Broome airport and airport noise has been a long standing issue for the Broome community, why has the Broome Shire not collected and utilized such information or referrals with regards to the Broome airport and can they do so for future planning?

Answer provided by Director Development Services

This question will be taken on notice

The following questions were submitted prior to the Ordinary Meeting of Council 27 November 2014 by Louise Middleton.

Question 1: Coastal Vulnerability Study for Broome. Who will undertake Peer Reviews, when will they be completed and what are the costs associated with these Peer Reviews? When will this be made available to the Community?

Answer provided by Director Development Services

Studies are currently being reviewed by Department of Transport, Department of Water and Department of Planning which has no costs associated with it. Depending on Council’s decision on an item part of this Agenda, the Project may be delayed. Therefore, I cannot give you the timeframe as to when the report will be finished. Further development is needed of the related planning policies prior to it being made available.

Question 2: With more heavy water dependent industries establishing at the Port, the newly proposed Industrial Park on Broome Road, the proposed new tip site, the fracking regime planned for the Roebuck Plains, our current residential, agriculture and tourism water needs, how confident is the Broome Shire that our underground water supplies can sustainably meet are these projected needs while remaining contamination free and fit for human use?

Answer provided by Director Development Services

The Shire of Broome is working with the Department of Water, Landcorp and Watercorp, by looking at total demand supply analysis for current and future use particularly water re use and other sources. The question regarding supply is better addressed to the Department of Water. With regards to contamination the Local Planning Scheme 6 does have specific provision and includes the Public Drinking Water catchment area in a special control area to reduce potential contamination.

Question 3 On the 23 January 2014, the KJDAP/4 met in the Shire of Broome Council Chambers to hear Mi Australia development application for a Drilling Fluids Facility and bulk chemical storage and toxic wastes on the foreshore of Roebuck Bay, at the Broome Port.

Condition 5 of that approval required a legal agreement between Mi Australia, the Shire of Broome and the Broome Port Authority that detailed appropriate penalties in the event that the storm water drainage system fails.

When was that legal agreement signed and what are the details of the appropriate penalties?

Condition 11 was that prior to occupation of the development MI Australia was to make a $125,000 contribution to the Shire of Broome in accordance with the Local Planning Policy 8.20 – Provisions of Public Art.

When did the Shire of Broome receive this payment and how is the Shire planning to utilise these funds for Public Art?

It is noted that Louise Middleton requested that she wished for her questions to be recorded in full in the minutes.

In accordance with Regulation 11 of the Local Government (Administration) Regulations 1996 a summary of each question raised by members of the public at the meeting has been recorded.

Answer provided by Director Development Services

This question will be taken on notice.

The following questions were submitted at to the Ordinary Meeting of Council 27 November 2014 by Anne Poelina.

As a clarification as a citizen of Broome and a ratepayer of Broome. I would like to know whether all attachments can be minuted and recorded?

For the purpose of the minutes, in accordance with Regulation 11 of the Local Government (Administration) Regulations 1996 a summary of each question raised by members of the public at the meeting will be recorded.

Question 1: In relation to the public, the constituents of the Shire of Broome. Why are they here tonight as constituents of our Shire? Are they coming because they believe the Shire of Broome is their democratic process for advocating to promote well being and the well being of your family and community, where ever your community may be in the Shire of Broome?

In accordance with Regulation 7(1)(a) of the Local Government (Admin) Regulations 1996, the Presiding member advised that questions should be directed to the Council.

Question 2: The following questions are directed to the Premier, Colin Barnett, the Honourable Minister for State Development.

Why do you still want to pursue Walmadany James Price Point as an Industrial Precinct?

Why is the Premier creating new planning reform policy and legislation to excise the land from the Broome Shire Council and further more who will be responsible for the regulation of any environmental impacts relating to human health and the environment, particularly to water, air movement and air pollution proposed by any developers to this Industrial development?

Who will be legally liable for any cultural and or environmental impacts to the Walmadany, James Price Point Precinct?

Could the investment being directed to the “New EPA Assessment Team to reassess the State Strategic Assessment for Walmadany James Price Point be better directed to some innovation, science and better practice in keeping Aboriginal people and their families in their communities on country within the Shire of Broome?

Answer provided by the Shire President

These questions will be taken on notice.

5. Confirmation Of Minutes

Council Resolution:

Moved: Cr C Mitchell Seconded: Cr D Male

That the Minutes of the Ordinary Meeting of Council held on 23 October 2014 be confirmed as a true and accurate record of that meeting. Subject to the following amendment on Page 9 and 10:

(a) The recording of the questions asked by Joy Crosswell be amended through the deletion of questions 3, 4, 6 and 8.

CARRIED UNANIMOUSLY 8/0

Council Resolution:

Moved: Cr D Male Seconded: Cr P Matsumoto

That the Minutes of the Special Meeting of Council held on 6 November 2014 be confirmed as a true and accurate record of that meeting.

CARRIED UNANIMOUSLY 8/0

6. Announcements By President Without Discussion

Nil

7. Petitions

The Shire President advised that a Petition containing 101 signatures has been received on 27 November 2014 from Mr Joe Hogan of 2 Ellies Court, Broome. Mr Joe Hogan presented the petition on behalf of the petitioners, which requests:

‘We the undersigned local ratepayers and resident of Broome Shire, request that Broome Shire Council complete a cycle path down the length of Pembroke Road to Clementson Street and from Germanus Kent down Dickson Drive to Pembroke Road. These cycle-paths are required for the following reasons:

· Provide a safe means for travel for local residents and tourists, (pedestrians and cyclists), especially at night.

· Encourage local ratepayers and their families, to maintain an active, healthy lifestyle, (cycling and walking etc).

· Offering an alternative for Germanus Kent staff and residents, Kimberly Land Council employees, dance studio patrons and other small businesses in Pembroke Rd and Dixon Drive, ie; walk or cycle rather than take car or bus.

· Assist all families in make Pembroke Road and Dickson Drive more in line with many other streets in Broome that currently have path-ways.

· Give the children and staff of Catherine House (Babagarra Nyirrwa) an access for prams, bikes, scooters etc when going out to places such as Demco and Town Beach.

The Shire President advised that under Section 3.5 of the Shire of Broome’s Standing Order’s Local Law, the signature would be verified before Council could receive the Petition.

A report will be presented to the next Ordinary Meeting of Council.

8. Matters For Which The Meeting May Be Closed

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

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

9.1.2 NORTH WEST EXPO – VENUE LICENCE, SPONSORSHIP AGREEMENT AND BANK OVERDRAFT GUARANTEE

Item 9.1.2 attachments only are confidential in accordance with Section 5.23(2) of the Local Government Act 1995 section 5.23(2)(e)(iii) as it contains “a matter that if disclosed, would reveal information about the business, professional, commercial or financial affairs of a person, where the information is held by, or is about, a person other than the local government”.

9.1.3 APPLICATION FOR RATE EXEMPTION - FOUNDATION HOUSING LIMITED

Item 9.1.3 and any attachments are confidential in accordance with Section 5.23(2) of the Local Government Act 1995 section 5.23(2)((e)(iii)) as it contains “a matter that if disclosed, would reveal information about the business, professional, commercial or financial affairs of a person, where the information is held by, or is about, a person other than the local government”, and section 5.23(2)(b) as it contains “the personal affairs of any person”, and section 5.23(2)(d) as it contains “legal advice obtained, or which may be obtained, by the local government and which relates to a matter to be discussed at the meeting”.

9.1.4 TENDER 14/15 4 JONES PLACE

Item 9.1.4 attachments are confidential in accordance with Section 5.23(2) of the Local Government Act 1995 section 5.23(2)(c) as it contains “a contract entered into, or which may be entered into, by the local government and which relates to a matter to be discussed at the meeting”.

9.3.1 Kimberley Regional Offices- Review of Outgoings

Item 9.3.1 and any attachments are confidential in accordance with Section 5.23(2) of the Local Government Act 1995 section 5.23(2)((e)(i)) as it contains “a matter that if disclosed, would reveal a trade secret, where the trade secret is held by, or is about, a person other than the local government”, and section 5.23(2)(c) as it contains “a contract entered into, or which may be entered into, by the local government and which relates to a matter to be discussed at the meeting”.

9.4.7 Request for Waiver of Rates Penalty Interest

Item 9.4.7 and any attachments are confidential in accordance with Section 5.23(2) of the Local Government Act 1995 section 5.23(2)(b) as it contains “the personal affairs of any person”.

10.2 YAWURU PARK COUNCIL – PROGRESS REPORT AND YPC MINUTES 12 MARCH 2014, 7 APRIL 2014 AND 11 JUNE 2014

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

Minutes – Ordinary Meeting of Council 27 November 2014 Page 17 of 18

9.1.1 Proposed Policy Keeping of 3-6 Dogs

LOCATION/ADDRESS: Nil

APPLICANT: Nil

FILE: LAW002

AUTHOR: Manager Environmental Health & Rangers

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Director of Development Services

DISCLOSURE OF INTEREST: Nil

DATE OF REPORT: 7 October 2014

SUMMARY: Section 26 of The Dog Act 1976 allows Council to make a local law that can limit the number of dogs that can be kept on premises to between two (2) and six (6).

Clause 3.2 of The Shire of Broome Dogs local Law 2012 limits the number of dogs that can be kept on the premises to two (2) unless there is an approved kennel establishment or exemption granted under Section 26(3) of the Dog Act 1976.

This approval of an exemption is invested in Council and in order to delegate this function to the Chief Executive Officer it is recommended that Council adopts a policy to provide guidance to Council, officers and the public on the circumstances under which between three (3) and six (6) dogs may be kept on a property. The controls are intended to promote animal welfare, the responsible ownership of dogs and the protection of the environment.

This report presents Council with a draft policy and recommends Council adopts the policy and delegates the Chief Executive Officer to make determinations in accordance with the Policy.

BACKGROUND

Previous Considerations

OMC 24 April 2014 Item 9.2.5

OMC 24 April 2014 Item 9.2.6

OMC 24 April 2014 Item 9.2.7

OMC 26 June 2014 Item 9.2.2

OMC 26 June 2014 Item 9.2.3

OMC 26 June 2014 Item 9.2.4

COMMENT

The draft policy (see Attachment 1) considers a number of factors for determining whether a person can keep more than two (2) dogs, including –

· Property size;

· Property location – inside or outside of a town or community boundary;

· Number of dogs;

· Why the applicant wishes to keep more than 2 dogs;

· Fencing and exercise areas;

· Waste removal;

· Dog registration;

· Whether or not the dogs are desexed’

· If dangerous (Declared) or dangerous (Restricted Breed) dogs’

· Previous relevant issues or complaints received associated with the dogs or premises;

· If required to be licensed as a kennel establishment; and

· Consent of neighbouring properties owners.

The policy requires applicants to obtain consent from surrounding land owners prior to approving applications to keep three (3) to six (6) dogs. This enables officers to consider any perceived impact approval of the application will have on neighbours, including noise issues from barking. It will also require that Authorised Officers carry out an inspection and provide a recommendation.

It is recommended that Council adopts the policy and associated delegation instrument (See Attachment 2) which delegates the power to the Chief Executive Officer to approve applications which conform with the policy provisions. Where there are variations to the policy requested an application can still be referred to Council for consideration.

CONSULTATION

Councillor workshop held 11 November 2014 with attendees Councillors G Campbell, C Mitchell and D Male.

STATUTORY ENVIRONMENT

Dog Act 1976:

s10AA. Delegation of local government powers and duties

(1) A local government may, by absolute majority as defined in the Local Government Act 1995 section 1.4, delegate to its chief executive officer any power or duty of the local government under another provision of this Act.

(2) The delegation must be in writing.

(3) The delegation may expressly authorise the delegate to further delegate the power or duty.

s26. Limitation as to numbers

(1) A local government may, by a local law under this Act —

(a) limit the number of dogs that have reached 3 months of age that can be kept in or at premises in the local government’s district; or

(b) limit the number of dogs of a breed specified in the local law that can be kept in or at premises in the local government’s district.

(2) A local law mentioned in subsection (1) —

(a) may limit the number of dogs that can be kept in or at premises to 2, 3, 4, 5 or 6 only; and

(b) cannot prevent the keeping in or at premises of one or 2 dogs that have reached 3 months of age and any pup of either of those dogs under that age; and

(c) cannot apply to dogs kept at premises that are licensed under section 27 as an approved kennel establishment; and

(d) cannot apply to dangerous dogs (declared) or dangerous dogs (restricted breed).

(3) Where by a local law under this Act a local government has placed a limit on the keeping of dogs in any specified area but the local government is satisfied in relation to any particular premises that the provisions of this Act relating to approved kennel establishments need not be applied in the circumstances, the local government may grant an exemption in respect of those premises but any such exemption —

(a) may be made subject to conditions, including a condition that it applies only to the dogs specified in the exemption; and

(b) cannot authorise the keeping in or at those premises of —

(i) more than 6 dogs that have reached 3 months of age; or

(ii) a dog under that age unless it is a pup of a dog whose keeping is authorised by the exemption; and

(c) may be revoked or varied at any time.

(4) A person must not keep in or at any premises, not being licensed under section 27 as an approved kennel establishment —

(a) in the case of dogs that have reached 3 months of age, other than dangerous dogs (declared) or dangerous dogs (restricted breed), more than the number of dogs than the limit imposed under —

(i) a local law mentioned in subsection (1); or

(ii) an exemption granted under subsection (3); or

(b) more than —

(i) 2 dangerous dogs (declared); or

(ii) 2 dangerous dogs (restricted breed); or

(iii) one of each of those kinds of dangerous dogs,

that have reached 3 months of age; or

(c) any pup, of a dangerous dog (restricted breed), that is under 3 months of age.

Penalty:

(a) for an offence relating to a dangerous dog —

(i) a fine of $10 000, but the minimum penalty is a fine of $500;

(ii) for each separate and further offence committed by the person under the Interpretation Act 1984 section 71, a fine of $500;

(b) for an offence relating to a dog other than a dangerous dog —

(i) a fine of $5 000;

(ii) for each separate and further offence committed by the person under the Interpretation Act 1984 section 71, a fine of $100.

(5) Any person who is aggrieved —

(a) by the conditions imposed in relation to any exemption under subsection (3); or

(b) by the refusal of a local government to grant such an exemption, or by the revocation of an exemption, may apply to the State Administrative Tribunal for a review of the decision.

(6) An application under subsection (5) cannot be made later than the expiry of a period of 28 days after the day on which a notice of the decision is served on the person affected by that decision.

Shire of Broome Dogs Local Laws 2012: s3.2 Limitation on the number of dogs

(1) This clause does not apply to premises which have been -

(a) licensed under Part 4 as an approved kennel establishment; or

(b) granted an exemption under section 26(3) of the Act.

(2) The limit on the number of dogs which may be kept on any premises is, for the purpose of section 26(4) of the Act, 2 dogs over the age of 3 months and the young of those dogs under that age.

POLICY IMPLICATIONS

The policy will reduce the need to prepare reports to Council for approvals that fall within the policy provisions. The policy intent is to identify residential areas within the Shire and limit lot sizes of less than 800 sqm to two (2) dogs whilst lots greater than 800 sqm can by delegation be approved to have three (3) dogs. It also makes provision for approval by delegation for three (3) to six (6) dogs in rural areas.

Outside these criteria applications would still need to be referred to Council for approval. It also requires applicants to undertake consultation with neighbouring properties which will reduce the administrative burden on the Shire.

FINANCIAL IMPLICATIONS

No Fee or Charge has been set for these types of Applications. As there are no regulations in place setting what the Fee should be for this it is recommended that an application fee of $50 be approved in accordance with the Local Government Act 1995.

STRATEGIC IMPLICATIONS

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

Affordable services and initiatives to satisfy community need.

Accessible and safe community spaces.

A healthy and safe environment.

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

Responsible resource allocation.

VOTING REQUIREMENTS

Absolute Majority

Council Resolution:

(Report Recommendation)

Moved: Cr C Mitchell Seconded: Cr D Male

That Council:

1. Adopts the Keeping of 3-6 Dogs Policy 4.5.4.

2. Adopts the delegation to the Chief Executive Officer to approve applications to keep more than two (2) and less than six (6) dogs in accordance with the draft policy requirements.

3. Adopts the attachment amendment to the schedule of fees and charges 2014/15: and

4. Provides Local Public notice in accordance with Section 6.19 of the Local Government Act 1995 advising that these Fees and Charges will take effect on and from 1 January 2015.

CARRIED UNANIMOUSLY BY ABSOLUTE MAJORITY 8/0

Attachments

1.	Delegation for 3-6 Dog Policy 4.5.4
2.	Keeping of 3 dogs
3.	Extract of Fees and Charges

With regard to Item 9.1.2 Cr D Male declared a Financial Interest as the “applicant is a client of my business” and departed the Chambers at 5.36pm.

COUNCIL RESOLUTION

Moved: Cr P Matsumoto Seconded: Cr M Lewis

That Council be permitted to engage directly with the public gallery.

CARRIED UNANIMOUSLY 7/0

The Chairman permitted engagement between Council and the public gallery.

Cr D Male returned to the Chambers at 5.45pm.

COUNCIL RESOLUTION

Moved: Cr C Mitchell Seconded: Cr M Manado

That in accordance with Standing Order 3.2(2), Agenda Items 9.1.2, be moved in the order of business to the end of the meeting to be considered under Section 14 Matters Behind Closed Doors.

CARRIED UNANIMOUSLY 8/0

9.1.2 NORTH WEST EXPO - VENUE LICENCE, SPONSORSHIP AGREEMENT AND BANK OVERDRAFT GUARANTEE

LOCATION/ADDRESS: Broome Recreation and Aquatic Centre Reserve 42502

APPLICANT: North West Expo Inc

FILE: LSS078, REE11, LEG285

AUTHOR: Manager Community Development

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Deputy Chief Executive Officer

DISCLOSURE OF INTEREST: Nil

DATE OF REPORT: 11 November 2014

Refer to 14. Matters Behind Closed Doors.

The Chairman advised that Item 9.1.3 would be considered under 14. Matters Behind Closed Doors.

9.1.3 APPLICATION FOR RATE EXEMPTION - FOUNDATION HOUSING LIMITED

LOCATION/ADDRESS: Nine (9) properties

APPLICANT: Foundation Housing Limited

FILE: ARA11

AUTHOR: Relief Rates Officer

CONTRIBUTOR/S: Manager Financial Services

Director Corporate Services

RESPONSIBLE OFFICER: Director Corporate Services

DISCLOSURE OF INTEREST: Nil

DATE OF REPORT: 7 October 2014

Refer to 14. Matters Behind Closed Doors.

Council Resolution:

Moved: Cr C Mitchell Seconded: Cr A Poelina

That in accordance with Standing Order 3.2(2), Agenda Items 9.1.4, be moved in the order of business to the end of the meeting to be considered under Section 14 Matters Behind Closed Doors.

CARRIED UNANIMOUSLY 8/0

9.1.4 TENDER 14/15 4 JONES PLACE

LOCATION/ADDRESS: 4 Jones Place

APPLICANT: Nil

FILE: TENDER 14/15

AUTHOR: Manager Property

CONTRIBUTOR/S: Manager Community Development

Executive Officer

RESPONSIBLE OFFICER: Deputy Chief Executive Officer

DISCLOSURE OF INTEREST: Nil

DATE OF REPORT: 13 November 2014

SUMMARY: Council had previously resolved to assume management of the old St John Ambulance building (Reserve 38845) subject to the satisfactory findings of a number of assessments.

In line with the Council resolution tenders were called for the disposition of the property in accordance with Section 3.58 of the Local Government Act 1995.

This report considers the tenders received for Lease of Reserve 38845, 4 Jones Place, Broome and associated recommendations contained in the confidential tender evaluation report.

Refer to 14. Matters Behind Closed Doors.

Minutes – Ordinary Meeting of Council 27 November 2014 Page 25 of 26

9.1.5 PUBLIC LIBRARY STOCK FUNDING - REDUCTION BY STATE LIBRARY OF WA

LOCATION/ADDRESS: Cnr Haas and Hamersley St

APPLICANT: Various

FILE: CLIB1 & OGS70

AUTHOR: Manager Library & Heritage

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Deputy Chief Executive Officer

DISCLOSURE OF INTEREST: Nil

DATE OF REPORT: 13 November 2014

SUMMARY: This report recommends that that the Council consider the unanticipated reduction in Library stock funding for the Shire of Broome as provided through the State Library of Western Australia as per an agreed-to funding model.

It requests that approval be given for the writing of a formal letter to the Minister for Culture and the Arts to reinstate the agreed-to funding of $61,000 for the 2014/15 financial year, applying a cash-flow impacting the 2014/15 financial year into the 2015/16 financial year.

BACKGROUND

Previous Considerations

Public Library services are provided in Western Australia under a joint arrangement between State and Local government that is set out under the terms of the Library Board Act (1951), its public library regulations (1985), the current framework agreement (2010), and funding model endorsed by WALGA State Council and the Library Board of Western (2012).

Through this arrangement, the Shire of Broome is required to fund the operations of the physical library including facility costs, infrastructure, programs and staff. The State Government provides funding through the State Library of Western Australia (SLWA) for lending resources, online databases, and electronic resources. Additional levels of funding provided by the Shire have been developed as per community demand and the ongoing use of the Library as a public space.

The level of funding provided to the Shire of Broome in the 2013/14 allocation for physical lending resources was $61,000 for the year. All allocations must be purchased through the joint procurement system organised by SLWA called Webselect.

The framework agreement between State and Local government is managed at a strategic level by the Strategic Library Partnership Agreement Steering Committee (SLPASC) formed in 2010 which is made up of representatives from SLWA, WALGA, Department of Local Government, Library Board of Western Australia, Local Government Managers Australia, and Public Libraries Western Australia (PLWA).

SLPASC suspended its operations after a consultation period undertaken in 2013 which identified a need to review the partnership agreement and address deficiencies in governance. It is awaiting a review of the governance model by WALGA which is still in the consultation phase. A report is scheduled to be tabled at the WALGA State Council Meeting in May 2015.

In this interim period the CEO of SLWA has remained as the Secretariat of SLPASC for its responsibilities to operational committees which had answered to SLPASC.

COMMENT

On Wednesday 29 October the Broome Public Library received its allocation from the State Library of $38,000 which is a significant and unexpected reduction of funding from the previous financial year.

Prior to the allocations being sent to Shire staff, all Public Library staff had been instructed by SLWA to continue purchasing resources through Webselect using the same allocation levels as during the 2013/14 financial year. This was reiterated via weekly Webselect quota reports from 13 August 2014 through to 29 October 2014 made via SLWA’s Public Libraries Online Portal (PLO).

The change in allocation is due largely in part to a decision by State Government in cash-flow a surplus of $2.75 million across three financial years instead of applying it to the 2013/14 financial year. This retrospective decision resulted in a significant budget overspend of $1.25 million which has resulted in a reduction of stock allocations state-wide.

The main operational impact of this decision is due to the delayed timing of this decision coupled with the previous advice received by SLWA to continue purchasing in line with the 2013/14 allocations. This will reduce the ability of the library to select available items through Webselect on a weekly basis from $1,452 to $590 for the remainder of the financial year. Consequently, Library staff will be unable to select items in-line with current customer demand.

Had SLWA made Library staff aware of the possibility of this decision being made and the impact it may have had on the Shire of Broome’s allocation, Library staff would have selected stock at a reduced rate to anticipate the changes and therefore be better positioned to continue to react to customer demand for stock throughout the remainder of the financial year.

In response to this situation, it is recommended that Council request the Chief Executive Officer to write a letter to the Minister for Culture and the Arts requesting that stock funding which was operationally agree to for the Shire of Broome ($61,000) be reinstated for the 2014/15 financial year and instead, apply the reduction to the subsequent financial year.

Although this will negatively impact the allocation for the 2015/16 financial year, it will allow Library staff to adequately plan for the reduction in funding for the whole of the allocation period, thus reducing the impact to customers. Initial per-weekly estimates would be that Library staff would be able to select $905 worth of stock per week were this allocation change be delayed into the 2015/16 financial year.

As all Shires in the Kimberley are effected an agenda item is to be tabled at the next Kimberley Zone meeting outlining the impact to each Shire, the Zone as a whole, and requesting authorisation for the Kimberley Zone of WALGA to write a letter to the Minister for Culture and the Arts requesting a similar outcome applied across the Zone.

CONSULTATION

Public Libraries Western Australia

State Library of Western Australia

City of Gosnells

Shire of Derby West Kimberley

Shire of Wyndham East Kimberley

STATUTORY ENVIRONMENT

LIBRARY BOARD ACT 1951 - SECT 4

4. Participating bodies

(1) A local government or an approved body —

(a) shall become a participating body if and when the Governor makes a declaration to that effect;

(b) shall continue to be a participating body unless and until the Governor cancels such declaration.

(2) Such declaration shall not be made —

(a) unless a local government or an approved body elects by resolution to become a participating body;

(b) if a local government does not so resolve, unless the ratepayers by a majority vote at a poll held in manner prescribed, elect that the local government becomes a participating body.

(3) A local government or approved body shall cease to be a participating body, if and when the Governor cancels such declaration.

(4) Such declaration —

(a) may be cancelled if on consideration of a report from the Board, the Governor is satisfied that the local government or approved body is no longer suitable to be a participating body;

(b) shall, where applicable to an approved body, be cancelled if the governing body of the approved body, resolves that it no longer remains a participating body;

(c) shall, where applicable to a local government, be cancelled, if the ratepayers by a majority vote at a poll held in manner prescribed, elect that the local government no longer remains a participating body.

(5) Such cancellation shall not affect the liability, if any, of a local government or approved body to the Board.

[Section 4 amended by No. 14 of 1996 s. 4.]

LIBRARY BOARD ACT 1951 - SECT 15

15. Functions and powers of the Board

(1) It shall be the duty of the Board to —

(Aa) control and manage The State Reference Library; and

(a) assist participating bodies in any scheme; and

(b) advise the Minister and participating bodies on matters of general policy relating to any scheme; and

(c) register as registered public libraries such libraries as are approved by the Board and as are controlled by participating bodies; and

(d) inspect or cause to be inspected libraries and library services, the controlling bodies of which apply for allocations in the distribution of any grant of money made available by Parliament to assist registered public libraries and registered public library services and to recommend to the Minister the allocation of any such grant as between respective applicants; and

(e) carry out such other functions in connection with registered public libraries as the Governor from time to time directs.

(2) The Board —

(a) may provide, control and manage libraries and library services; and

(b) may provide for the training of persons to carry out the duties of librarians and library assistants, such training to conform to the requirements of the Library Association of Australia; and

(c) may perform the functions conferred on the Board under the Legal Deposit Act 2012.

[Section 15 amended by No. 20 of 1955 s. 9; No. 29 of 1974 s. 5; No. 10 of 2012 s. 24.]

LIBRARY BOARD ACT 1951 - SECT 18

18. Financial assistance

The Board may —

(a) subsidise a registered public library conducted by a participating body to the extent of one dollar for each dollar expended by the participating body on its maintenance, including the costs of library services and salaries, but subject to such conditions as may be prescribed;

(b) recommend to the Minister the payment of additional grants over and above the subsidy referred to in the last preceding paragraph to participating bodies for initial stocking in special cases, having regard among other things to the area of the district of a local government which is a participating body, the population of that area, the rateable land in that area, and the potential revenue available to the local government apart from the provisions of this Act;

(c) subject to the approval of the Governor and to such conditions as the Governor thinks fit to impose, borrow money for the purposes of this Act.

[Section 18 amended by No. 20 of 1955 s. 11; No. 113 of 1965 s. 4; No. 14 of 1996 s. 4.]

FRAMEWORK AGREEMENT BETWEEN STATE AND LOCAL GOVERNMENT FOR THE PROVISION OF PUBLIC LIBRARY SERVICES IN WESTERN AUSTRALIA 2010 - SECT 5

5. Roles and Responsibilities of Each Party

To realise the objectives, outcomes and commitments in the Framework Agreement each party has specific

roles and responsibilities, as outlined below.

Both State and Local Government agree to:

· Support a State-wide public library service that provides free access for all residents of Western Australia

· Provide core products and services free of charge as detailed in public library services agreements

· Operate within the expectation that State and all Local Governments will make a financial commitment to the provision of public library services

· Support in good faith reform of public library services as articulated in the Structural Reform of Public Library Services in Western Australia report and that implementation of the strategies will be undertaken in accordance with a defined resourcing plan developed by the SLPASC

· Support the continuation of the partnership agreement and maintain joint decision-making arrangements and accountability mechanisms through the Strategic Library Partnership Agreement Steering Committee

· Support the development of additional policies, business plans, guidelines, performance and reporting

· standards which will be adopted by both parties

· Ensure that the Library Board enters into an agreement with each Local Government which will uphold the principles of the Framework Agreement

· Support a regionalisation scheme for non-metropolitan Local Governments

· Recognise that the shared responsibilities for public library services are applicable regardless of any formal or informal arrangements between individual Local Governments and other Government or non-Government organisations for out-sourcing or collocation of public library services

State Government

The State Government agrees to:

· Provide financial assistance to each Local Government which operates a public library in accordance with an agreed funding formula/model

· Provide resources and services, including centralised purchasing and a State-wide online catalogue, to agreed standards

· Work with Local Government in implementing and supporting structural reform of public library services

Local Government

Local Government agrees to:

· Provide physical and technological infrastructure, staffing and meet operating costs, to agreed standards

· Be accountable to the State Government for any financial assistance (eg grants, assets) provided by the State

· Work with the State Government in implementing and supporting structural reform of public library

· services

POLICY IMPLICATIONS

Nil

FINANCIAL IMPLICATIONS

Nil to Shire of Broome

STRATEGIC IMPLICATIONS

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

Affordable services and initiatives to satisfy community need

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

Affordable and equitable services and infrastructure

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

Responsible resource allocation

VOTING REQUIREMENTS

Simple Majority

Council Resolution:

(Report Recommendation)

Moved: Cr C Mitchell Seconded: Cr M Manado

That Council:

1. Request the Chief Executive Officer to write a letter to the Minister for Culture and the Arts requesting that stock funding which was operationally agree to for the Shire of Broome ($61,000) be reinstated for the 2014/15 financial year and instead, apply the cash-flow to the subsequent financial year.

2. Notes that this matter has been referred to the Kimberley Zone of WALGA requesting that the Zone write a similar letter to the Minister for Culture and the Arts due to the Zone-wide implications of this funding decision.

CARRIED UNANIMOUSLY 8/0

Attachments

1.	Allocation letter October 2014

Minutes – Ordinary Meeting of Council 27 November 2014 Page 32 of 33

With regards to Item 9.2.1 Cr M Manado declared a Financial Interest as “he rents a house nearby on Woods Drive”.

Cr M Manado departed the Chambers at 5:48pm.

9.2.1 PROPOSED WOODS DRIVE LANEWAY CLOSURE - RESPONSE TO COMMUNITY ENGAGEMENT

LOCATION/ADDRESS: 31 and 33 Woods Drive, Broome

APPLICANT: N/A

FILE: COM12

AUTHOR: Development and Subdivision Engineer

CONTRIBUTOR/S: Manager Asset and Design

Manager Engineering Operations

RESPONSIBLE OFFICER: Director of Engineering Services

DISCLOSURE OF INTEREST: Nil

DATE OF REPORT: 8 October 2014

SUMMARY: A petition was presented at the OMC on 27 February 2014 to close the laneway between 31 and 33 Woods Drive. As a result of the petition, community consultation was undertaken in October 2014 to seek community comment on whether the laneway should remain open or be closed.

This report summarises the responses received and recommends that the laneway be closed and that an option to purchase the laneway reserve be presented to adjacent landowners, to amalgamate it into their residential properties.

BACKGROUND

Previous Considerations

OMC 27 February 2014 Item 7.2

OMC 27 March 2014 Item 9.2.4

At the OMC on 27 February 2014, a petition provided by Sharon Triplett and was presented by Cr Bloom on behalf of residents around the Woods Drive area.

The Petition read as follows:

We, Residents request the Shire of Broome to close off the lane between 31 and 33 Woods Drive at both ends for the following reasons:

· Public Safety - used only by motor bikes, dirt bikes and scooters

· Easy escape route for gangs after numerous ongoing house breaks ins

· Loitering Gangs

An item was subsequently presented to Council at the OMC on 27 March 2014 to seek Council’s determination in relation to whether the petition should be investigated.

Council resolved;

1. That Council considers an allocation of funds in its 2014/2015 budget deliberations for the preparation of an action plan to consider closure of Woods Drive public access way inclusive of public consultation.

2. That the signatories of the petition be contacted to be advised of Council’s determination.

COMMENT

The laneway between 31 and 33 Woods Drive is a reserve for public access (Lot 641 of Reserve 50253). It was developed within the Januburu Six Seasons Estate as a Strategic Dual Use Path for the catchment area to the south to access public open space to the north. Attachment 1 shows the lane as identified in the Development Plan for Januburu Six Seasons Estate.

A community engagement plan was prepared in accordance with the Shire of Broome Community Engagement Framework. Community consultation included a mail out to residents within a 300 metre radius of the laneway, a public notice in the Broome Advertiser and a flyer placed on the community noticeboard at the Reid Road shops. Two hundred and twenty-one (221) letters were mailed to seek comment on whether the lane should be closed or remain open.

As a result of community consultation, twenty (20) submissions were received. All submissions received are detailed within Attachment 2.

Fifteen (15) of the twenty (20) responses supported closure of the laneway for the following primary reasons;

· Lives have been threatened – most recently in an incident where a man is reported to have entered via the laneway to 31 Woods Drive and has threatened the occupants with a weapon;

· The laneway acts as a getaway for criminals who cause public nuisance with fighting and shouting, burglary, vandalism, loitering, littering and lighting of fires;

· There is potential for an accident to occur by vehicles reversing from adjacent properties and hitting a pedestrian walking through the laneway;

· Closure of the laneway is viewed by the majority of respondents to be an action towards preventing antisocial behaviour in the neighbourhood.

Five (5) of the twenty (20) responses did not support the closure of the lane. Detailed reasons included;

· Occupants of social housing use the laneway as a convenient route to access the shopping centre, post office and pharmacy

· The open space to the north of the laneway services a large catchment to the south and is a low traffic route for children to safely access the park

· Some fences in the laneway are low and open and if upgraded may resolve the issue

· The action of closing the laneway will not result in making the situation better, quieter or change noise and nuisance in the area, it will instead move the problem outward to impact further areas.

Three options were considered as a result of community consultation and these are detailed below.

OPTION 1 – No Laneway Closure and a Focus on a Future Community Safety Plan

Do not close the laneway, and instead focus on holistic strategies for crime prevention.

Develop and implement a Community Safety Plan in partnership with relevant organisations, as identified in the Community Strategic Community Plan (Strategy 1.5.2). This would provide a coordinated response from the Shire of Broome and other relevant organisations. Whilst this option may provide a longer term approach, it will do little to resolve poor urban design in the short term.

The existing regular maintenance activities (spraying of weeds and mowing of grass) undertaken on the laneway would still need to occur.

OPTION 2 – Permanently Close the Laneway with a Gate and Fence

Permanently close the Laneway on Lot 641 of Reserve 50253 between 31 and 33 Woods Drive and install a gate and fence at each end.

This option would require the Shire to fund the installation of gates and fences. The existing regular maintenance activities (spraying of weeds and mowing of grass) undertaken on the laneway would still need to occur, however at a reduced frequency.

It is anticipated that the new gates and fences would be a target of vandalism from residents who did not agree with the laneway closure.

OPTION 3 – Permanently Close the Laneway and Sell Land to Adjacent Residents

Permanently close the Laneway on Lot 641 of Reserve 50253 between 31 and 33 Woods Drive and liaise with Department of Lands to permanently sell the portions of Laneway land to adjacent landholder/s to landscape, fence and incorporate into their residential lots. Responses from adjacent landowners in the submission period have indicated an interest to purchase the laneway reserve.

Under this option, the Shire would not be required to undertake ongoing maintenance activities.

Based on the submissions received during the community consultation period and to improve the urban design of the area; Officers recommend that the laneway be closed and the laneway land be sold to adjacent residents (Option 3).

Should the owners of 31 and/or 33 Woods Drive opt not to buy the land within 12 months of the Council resolution or an agreement is not able to be reached with Department of Lands for the sale of the land, Officers recommend that the laneway should remain open and not be closed.

CONSULTATION

A community engagement action plan was prepared and enacted to consult with the community about the lane closure issue. The consultation with the community commenced on 30 September 2014 and closed on 30 October 2014.

Public consultation included a mail out to residents within a three hundred (300) metre radius of the laneway.

An advertisement was also placed in the Public Notices section of the Broome Advertiser on 9 October 2014 and a flyer placed on the community noticeboard at the Reid Road shops at the beginning of the consultation period.

STATUTORY ENVIRONMENT

Land Administration Act 1997

52. Local Government may ask Minister to acquire as Crown Land certain land in district

(1) Subject to this section, a local government may request the Minister to acquire as Crown land –

(a) any alienated land designated for a public purpose on a plan of survey or sketch plan lodged with the Registrar; or

(b) any private road; or

(c) any alienated land in a Townsite which the Minister proposes to abolish under section 26, within the district of the local government (in this section called the subject land).

(2) A request made under subsection (1) is to be accompanied by –

(a) a plan of survey or sketch plan –

(i) showing the subject land; and

(ii) approved by the Planning Commission; and

(b) copies of all objections lodged with the local government during the period referred to in subsection (3)(b)(i) or (ii), as the case requires.

(3) Before making a request under subsection (1), a local government must –

(a) take all reasonable steps to give notice of that request to –

(i) the holder of the freehold in the subject land unless the local government holds that freehold; and

(ii) the holders of that freehold in land adjoining the subject land unless the local government holds that freehold; and

(iii) all suppliers of public utility services to the subject land; and

(b) in the case of –

(i) alienated land referred to in subsection (1)(a) or a private road referred to in subsection (1)(b), state in the notice a period of not less than 30 days from the day of that notice during which period persons may lodge objections with it against the making of that request; or

(ii) any land referred to un subsection (1)(c), advertise or take such steps as may be prescribed to notify interested persons of an intention to make the request and state in the notification a period of not less than 30 days from the day of that notification during which period persons may lodge objections with it against the making of that request.

(4) The Minister may, on receiving a request made under subsection (1), the the accompanying plan of survey or sketch plan referred to in subsection (2)(a) and copies of all objections referred to in subsection (2)(b) –

(a) by order grant the request; or

(b) direct the local government to reconsider that request, having regard to such matters as he or she thinks fit to mention in that direction; or

(c) refuse to grant that request.

(5) On the registration of an order made under subsection (4)(a), the subject land –

(a) ceases to belong to the holder of its freehold; and

(b) is freed from all encumbrances; and

(c) becomes Crown land.

(6) Subject to subsection (7), compensation is payable under Part 10 to any holder of the freehold in the subject land who suffers loss on the registration of an order referred to in subsection (5) as if that loss resulted from a taking under Part 9.

Land Administration Act 1997

82. Revesting land held by Crown in fee simple in Crown

(1) The Minister may by order revest in the Crown, with or without existing encumbrances, land held by the Crown in fee simple.

(2) Land revested under subsection (1) is Crown land and may be dealt with accordingly by the Minister under this Act.

Crown Land Practice Manual

5.8.2 Closure of PAWs and ROWs vested under Section 152 of the Planning and Development Act 2005

Generally a PAW or ROW will only be closed when it can be sold to the adjoining landowners or reserved and vested in an appropriate agency for public utility purposes. As a general principle, each adjoining landowner may have an equal share of the PAW or ROW. This principle does not apply where any services requiring easements dictate other (unequal) land allocation for good planning reasons. Land sharing arrangements such as equal or whole areas should be utilised to avoid survey costs. However is there is no choice in the allocation of land, the adjoining landowners should agree to the additional survey costs required, as they will be liable to pay such costs.

Local Government Act 1995 Functions and General Regulations

30. Dispositions of property excluded from Act s. 3.58

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

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

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

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

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

POLICY IMPLICATIONS

5.1.10 Community Engagement Policy

FINANCIAL IMPLICATIONS

OPTION 1 – No Laneway Closure and a Focus on a Future Community Safety Plan

No additional costs would be incurred in excess of the planned inclusion in future budgets for the preparation of a Community Safety Plan.

The existing regular maintenance activities (spraying of weeds and mowing of grass) undertaken on the laneway incur an annual cost of $1,640.

OPTION 2 – Permanently Close the Laneway with a Gate and Fence

Permanently close the Laneway on Lot 641 of Reserve 50253 between 31 and 33 Woods Drive and install a gate and fence at each end.

A preliminary estimate to fence and gate both ends of the laneway reserve is estimated at $11,000.

The regular maintenance activities (spraying of weeds and mowing of grass) required on the gated and fenced laneway would incur an annual cost of approximately $984 (i.e. 60% of $1,640).

It is also anticipated that vandalism of the gates and fences will occur, which will result in funds being expended for repair. The cost to undertake these repairs will depend on the frequency and extent of damage.

OPTION 3 – Permanently Close the Laneway and Sell Land to Adjacent Residents

Department of Lands have advised that special circumstances apply to a closure of this nature if it can be demonstrated to be due to criminal/antisocial behaviour. A nominal fee of $500 per section of land would be payable, instead of normal valuation of the land being applied.

For adjacent landholder/s to purchase a portion of the Laneway Reserve, they would be responsible for a nominal fee to purchase the land, plus document preparation fees, Landgate lodgement fees, survey costs and survey lodgement fees. If protection of services are required by way of easements, or where relocation of services are required, the associated costs will be payable by the landholder/s.

A ‘Dial Before You Dig’ has been undertaken which shows that reticulated public sewer and water services traverse the laneway reserve. The Water Corporation will need to be contacted by the landowners to determine any easement or relocation requirements in relation to the lane closure. Attachment 3 shows a plan of the Water Corporation services located in the laneway reserve.

The Department of Lands have also advised that the consultation undertaken by the Shire is sufficient for the purposes of advertisement required under Section 52 of the Land Administration Act 1997 and no additional budget for advertising costs would be required.

No ongoing maintenance cost would be incurred by the Shire under this option.

STRATEGIC IMPLICATIONS

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

Effective communication.

Accessible and safe community spaces.

A healthy and safe environment.

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

Effective community engagement.

VOTING REQUIREMENTS

Simple Majority

Council Resolution:

(Report Recommendation)

Moved: Cr D Male Seconded: Cr C Mitchell

That Council:

1. Note all submissions received from the public regarding the proposed laneway closure.

2. Resolve to permanently close the Laneway between 31 and 33 Woods Drive (Lot 641 of Reserve 50253), subject to the purchase by adjacent landholder/s within twelve months.

3. Resolve that if adjacent landowners have not purchased Lot 641 of Reserve 50253 within 12 months, the Laneway shall remain open.

4. In accordance with Local Government Act 1995 Functions and General Regulations 30 (2) (a) authorise the Chief Executive Officer to negotiate the purchase of the Laneway Reserve with adjacent landholders at 31 and 33 Woods Drive; and pending confirmation of their interest in the purchase of Lot 641 of Reserve 50253, liaise with service authorities, and coordinate with Department of Lands to facilitate the permanent closure and purchase of the land by adjacent landholder/s at the landholder/s cost.

CARRIED UNANIMOUSLY 7/0

Cr M Manado returned to the Chambers at 5:49pm.

The Chairman read aloud the resolution for the benefit of Cr M Manado.

Attachments

1.	Attachment 1 - Januburu Six Seasons Development Plan
2.	Attachment 2 - Woods Drive Submissions
3.	Attachment 3 - Existing Water and Sewer Services Plan

Minutes – Ordinary Meeting of Council 27 November 2014 Page 39 of 40

With regards to Item 9.2.2 Cr G Campbell declared a Financial Interest as he is a “Director of a Company that leases Roebuck Bay Caravan park which is immediately adjacent to Town Beach Precinct” and departed the Chambers at 5.49pm.

With regards to Item 9.2.2 Cr P Matsumoto declared a Financial Interest as “he is a owner of Lot 222, 52 Robinson Street” and departed the Chambers at 5.50pm.

Cr H Tracey assumed the Chair.

9.2.2 FINAL ADOPTION - LOCAL PLANNING POLICY - OLD BROOME DEVELOPMENT STRATEGY

LOCATION/ADDRESS: Precinct 2 – ‘Old Broome’ – in the final draft Shire of Broome Local Planning Strategy adopted by Council November 2013, being the land bound by Frederick Street to the north, Herbert Street to the west, Roebuck Bay to the east and Reserve 51304 to the south of the Demco residential subdivision being the southern boundary.

APPLICANT: Nil

FILE: PLA09

AUTHOR: Strategic Planning Coordinator

CONTRIBUTOR/S: Planning Officer

Manager Planning Services

RESPONSIBLE OFFICER: Director of Development Services

DISCLOSURE OF INTEREST: Nil

DATE OF REPORT: 9 October 2014

SUMMARY: This report recommends that Council considers the submissions received on the draft Local Planning Policy – Old Broome Development Strategy (the Strategy), and adopts the Strategy subject to modifications arising from submissions received during the public advertising period.

BACKGROUND

Previous Considerations

OMC 2 September 2009 Item 9.2.1

OMC 18 March 2010 Item 9.2.1

OMC 27 March 2014 Item 9.2.2

COMMENT

At its Ordinary Meeting on 27 March 2014 Council resolved to advertise a draft Local Planning Policy – Old Broome Development Strategy (the Strategy) for a period of 42 days, and endorsed a Community Engagement Plan which set out activities to be undertaken during the advertising period. The advertising period concluded on 15 May 2014 and Council is required to consider the outcomes of this process, prior to adopting the Strategy.

The Strategy consists of two parts.

· Part 1, which contains:

o A vision for Old Broome

o A vision for Town Beach and the Conti Foreshore

o Eight ‘Key Strategy Areas,’ with a series of objectives, strategies and actions provided for each Area

§ Land Use

§ Open Space

§ Community Facilities

§ Movement

§ Natural Resource and Environmental Management

§ Heritage

§ Urban Form

§ Utilities

o A Strategy Plan which identifies land use areas, creates an ‘Old Broome Special Character Area’ and designates certain streets as ‘Priority Active Frontages’

o A Concept Plan and accompanying text setting out potential project ideas, similar to the Concept Plan included in the Chinatown Development Strategy.

· Part 2, which contains background information and analysis that informed the recommendations in Part 1.

SUBMISSIONS RECEIVED

At the close of the advertising period 77 formal submissions were received. Detailed officer comment with respect to each submission is provided in Attachment 1 – Schedule of Submissions. Four late submissions were also received and are provided in Attachment 2 – Late Submissions. The late submissions have been provided with officer comment, however Council is under no obligation to consider these submissions.

As set out in the Community Engagement Plan, officers also prepared an online survey using the ‘Survey Monkey’ website. The survey was available via a link on the Shire’s website, with paper copies available for those without computer access. A total of 105 surveys were returned, 34 of which were partially complete. Attachment 3 – Community Engagement Report contains a summary of the survey responses, as well as feedback received through other community engagement activities undertaken (Refer the ‘Consultation’ section of this report for greater detail.)

The following key issues have been identified in the submissions, survey responses, pop-up displays and workshops.

1. Opening of Walcott Street at Frederick Street

2. ‘Mixed Use’ land use designations

3. Preservation of Old Broome character

4. Relocation of car parking at Town Beach

5. Skate park at Town Beach

6. Extents of the ‘Old Broome Special Character Area’

7. Hospital expansion

8. Other proposed road improvements

A summary of the issues raised, officer’s rationale and recommendations to Council is set out below.

1. Opening of Walcott Street at Frederick Street

Issues

There was concern about the proposal to open the intersection of Walcott Street and Frederick Street into a four way intersection, which was shown on both the Strategy Plan and the Concept Plan. The main concern was that this would lead to an increase in traffic which would irrevocably damage the amenity of the heart of the ‘Old Broome Special Character Area’ (OBSCA). There was also concern that Walcott Street would become the primary route of access to the Roebuck Bay Caravan Park.

Rationale

The opening of Walcott Street into a four-way intersection was originally intended as one of a series of potential road works designed to improve connectivity in the precinct. However officers support the comments made by submitters regarding the potential to compromise the amenity of the OBSCA. The location of a major drain at the termination of Walcott Street would make it difficult to implement the proposal.

An alternative means to increase connectivity would be to investigate opportunities to improve the Herbert Street intersection with Frederick Street, as this road is already open to through traffic. Herbert Street is on the perimeter of the OBSCA with more intensive forms of subdivision already in existence along the western side, and for this reason it is anticipated that the amenity impacts of increased traffic would be less significant. Additionally, officers consider that traffic flows more freely on Herbert Street, as Walcott Street currently functions as a lower-order street with ‘give way’ signs at each intersection..

Recommendation

· The officer’s recommendation is to remove all reference to the opening of Walcott Street at Frederick Street, but to include a ‘proposed intersection improvement’ at the intersection of Herbert and Frederick Streets on the Concept Plan.

2. ‘Mixed Use’ land use designations

Issues

There was concern about the land use designations shown on the Strategy Plan, particularly the designation of areas that are currently zoned ‘Residential’ under the Shire’s Town Planning Scheme No. 4 (TPS4) as ‘Area B: Mixed Use – Commercial / Civic’ or ‘Area D: Mixed Use – Tourist / Residential.’ There was some preference for the Precinct to be purely residential. There was also some confusion over whether the Strategy will rezone land.

Rationale

The Strategy was designed to elaborate upon the recommendations of the Shire’s draft Local Planning Strategy (LPS), which identifies the entirety of Old Broome as ‘Mixed Use’ and at the same time makes clear that development should be in an ‘open form’ that ‘recognises the historic character of the area.’ The purpose of the Strategy is to further refine the recommendations of the LPS and seek to concentrate appropriate land uses in particular areas. The land use areas in the Strategy were generally derived based on the type of uses that are already operating within particular areas.

Areas east of Weld Street are already zoned ‘Mixed Use’ with a density of ‘R40’ under the Shire’s Town Planning Scheme No. 4 (TPS4). Under the draft Local Planning Scheme No. 6 (LPS6), the ‘Mixed Use’ zone will extend one street west to Robinson Street. A variety of mixed uses already occur throughout the Precinct and the Strategy allows for this development pattern to continue over time.

The Strategy will not in itself rezone any land and instead will be used as a guide to assist Council in making decisions on future rezoning requests that may be submitted by individual landowners.

Recommendation

· The officer’s recommendation is to retain the land use designations as shown on the Strategy Plan, with some minor modifications as depicted in Attachment 7 – Proposed Mapping Changes.

3. Preservation of Old Broome character

Issues

Respondents had the opinion that it will be impossible to preserve the historic character of Old Broome if mixed use development and higher density residential development was allowed throughout the precinct.

Rationale

The Strategy contains two mechanisms that will ensure that new development in Old Broome is ‘respectful of the rich cultural heritage and natural environment.’ The first is the creation of the OBSCA. Within the OBSCA, the density of residential development will be restricted to R10, consistent with the existing density coding of much of the precinct (the extents of the OBSCA are further discussed in Point 6 below). The second mechanism is the preparation of ‘Old Broome Design Guidelines’ (the Guidelines) which will be adopted as a Local Planning Policy. The Guidelines will contain planning controls for residential and non-residential development relating to the public realm, site design, and building form. Specific controls will apply to the OBSCA and will encompass matters including, but not limited to, setbacks, building height, car parking, and landscaping. Officers are progressing a draft of the Guidelines and it is anticipated that this will be brought to Council for consideration in late 2014 and then be publicly advertised.

Recommendation

· No changes are recommended to the Strategy as it is considered that these concerns can be satisfactorily addressed through the preparation of Design Guidelines.

4. Relocation of car parking at Town Beach

Issues

The Concept Plan proposed the relocation of the existing car parking at Town Beach to a new area at the termination of Robinson Street. The intent of the relocation was to create a larger area of parkland closer to the foreshore and reduce conflict between vehicles, boats, and pedestrians. However, the perception of this proposal was that the size and configuration of the new parking area would result in a significant loss of existing Public Open Space. Competing priorities were expressed about the function of Town Beach, as people regularly visit the area for social gatherings; to check the tide; launch their boat; take children to the water playground, or sit and contemplate. There was also confusion as to the role of the Concept Plan in general.

Rationale

The Concept Plan is intended to serve as a non-statutory tool to identify potential project ideas and orientate them spatially. It does not provide the level of detail of a Master Plan and will not be used as such. The elements on the Concept Plan are indicative and subject to future investigations (including an assessment of feasibility) and detailed design. With respect to car parking at Town Beach, future design considerations will need to examine factors such as:

· The overall amount of car parking within the Town Beach environs – whether the total number of bays will be greater or fewer than currently provided;

· The number of bays to be relocated to the Robinson Street area and how this area will be configured to minimise loss of green space;

· The need to provide accessible bays adjacent to the cafe and water playground to ensure compliance with Australian Standards;

· Parking requirements for the Town Beach boat ramp and Department of Transport standards for boat ramp areas; and

· The interface between any relocated car parking and existing residential properties on Robinson Street.

Officers propose that these matters be addressed through the creation of a ‘Town Beach Parking Plan,’ which will also address the parking requirements associated with the Town Beach Boat Ramp upgrades.

Prior to the Parking Plan being prepared, it is considered more appropriate to amend the Concept Plan to show the parking configuration largely as at present, with the exception of an additional row of angled parking along the eastern side of Robinson Street.

Recommendation

· The officer’s recommendation is to amend the Strategy text to reference the need to prepare a Town Beach Parking Plan which will consider the design factors outlined above.

· It is also recommended that the Concept Plan be modified to depict the car parking at Town Beach as it is currently, with an additional row of angled parking along the eastern side of Robinson Street.

5. Skate park at Town Beach

Issues

The Concept Plan proposed the creation of a skate park at Town Beach. There was concern that this would lead to a loss of Public Open Space, as well as the potential for such a facility to attract antisocial behaviour and generate noise and light spill which would impact adjoining properties and users of the Roebuck Bay Caravan Park.

Rationale

An ‘all ages’ skate park is recognised in the Strategic Community Plan as a community aspiration from the Broome 2040 Visioning Project. However, officers have considered the land requirements associated with the development of such a facility and recognised that if a skate park equivalent in size to the one currently at BRAC was constructed in the environs of Town Beach as shown on the Concept Plan, it would need to be located within the Roebuck Bay Caravan Park. A larger and more comprehensive facility to cater for a range of ages and abilities would require more land and this will be difficult to assemble given competing priorities for the area. Concerns regarding anti-social behaviour due to a lack of passive surveillance, and the impacts of noise and light spill, are also valid.

Officers note that the draft Final Sport Recreation and Leisure Plan (2014) recommends the creation of a ‘Youth Precinct’ at BRAC including an improved skate park and longer term construction of skate park in Broome North. For these reasons it is recommended that the skate park be removed from the Strategy.

Recommendation

· The officer’s recommendation is to remove any reference to a skate park from the Strategy text and Concept Plan.

6. Extent of the ‘Old Broome Special Character Area’

Issues

Respondents supported the creation of the OBSCA but argued that the extent depicted on the Strategy Plan did not capture an accurate representation of existing heritage within Old Broome. Particular areas thought to have been wrongly omitted included the land between Weld and Robinson Streets north of the Broome Primary School and land along Walcott Street south of Guy Street.

Rationale

Officers considered the extent of the OBSCA and noted that there are three places on the State Register of Heritage Places and one place on the Shire’s Municipal Inventory in the four street blocks between Robinson Streets and Weld Streets, extending south from Frederick Street to Anne Street. It is considered appropriate that this area be included within the OBSCA. Officers further considered the recommendations of the Shire’s Local Housing Strategy 2009 which showed the land described above as well as land between Herbert and Walcott Streets retaining a density of R10. This is consistent with the purpose of the OBSCA. As a result of the above, modifications to the boundaries of the OBSCA are recommended as set out in Attachment 7 – Proposed Mapping Changes.

It is noted that the only land in Old Broome that is not included within the OBSCA is either:

· Already zoned ‘Mixed Use R40’ under TPS4;

· Located along a ‘Priority Active Frontage’ on the Strategy Plan;

· On the same street block as land located along a ‘Priority Active Frontage.’ This is because officers consider that development along the ‘Priority Active Frontages’ which can be at a higher density with a different built form, will influence the type of development that occurs on adjoining lots.

· On the street block which includes the former Palms Resort (Town Beach Village), as the majority of this block already contains higher density units associated with the hotel development.

Recommendation

· The officer’s recommendation is to increase the size of the OBSCA to include the land between Weld and Robinson Streets north of Anne Street, and the land between Herbert and Walcott Streets between Guy and Hopton Streets.

7. Hospital expansion

Issues

The Concept Plan showed the potential for the Broome Hospital on Robinson Street to expand to the north. There was concern that any further hospital development would be inconsistent with the historic character of Old Broome and would impact privately owned land. Past deliberations about moving the hospital to a site on Cable Beach Road East were mentioned, with the view that this option should be investigated.

Rationale

The Broome Hospital site is also known as Reserve 3596 with a Management Order in favour of the Minister for Health for the purpose of ‘Hospital and Allied Purposes.’ Any future development or redevelopment of the hospital will be considered a ‘public work’

under the Public Works Act 1902, which means it will be exempt from the need to obtain Planning Approval under the Planning and Development Act 2005. The Shire will therefore have limited ability to influence the scale and appearance of such development.

Since the Strategy was advertised, Shire officers have met with the Broome Hospital and have been advised that the current site has the capacity to cater for demand until 2021, and potentially 2025. After this time, there is potential to relocate some components off-site. Hospital administrators have advised that they have no intention of expanding to the north, as it would require the acquisition of privately owned land.

Recommendation

· The officer’s recommendation is to remove any reference to the hospital expansion from the Strategy text and Concept Plan.

8. Other proposed road improvements

Issues

The Strategy Plan and Concept Plan contained a number of potential road improvements which received varying levels of support from respondents. In addition to the opening of Walcott Street at Frederick Street which was discussed in Point 1 above, there was concern about extending Hamersley Street to connect with Hopton Street north of Town Beach due to a potential loss of Public Open Space.

Rationale

As discussed above, the potential road improvements are designed to increase connectivity in the Precinct. However, the Strategy notes that before any of the proposed road works can be implemented a Traffic and Transport Study is required to holistically consider the existing movement network. Whilst it is considered appropriate to depict potential road works on the Concept Plan as this plan is indicative, it is premature to show these on the Strategy Plan prior to the Traffic and Transport Study being completed as the Strategy Plan will fulfil a statutory function.

Recommendation

· The officer’s recommendation is that all potential road improvements, as well as proposed footpaths, foreshore walks and the tram route, be removed from the Strategy Plan and included in a new ‘Movement Options’ figure which recognises the indicative nature of such improvements.

· It is further recommended that the above improvements remain on the Concept Plan.

INTERNAL DEPARTMENTAL COMMENT

Shire officers in considering the issues raised by submitters have made further recommended modifications, generally seeking to ensure consistency between the Strategy and LPS6 and resolve minor mapping discrepancies. These recommendations are contained in Attachment 4.

One substantial modification is recommended from these considerations, which concerns the land use tables in Action 1 of Section 4.1.4 of the Strategy. Officers considered the original version of these tables would be of limited assistance in performing planning assessments, as it did not include the full range of uses that could be permitted within the ‘Mixed Use’ zone under LPS6. Additionally, it was unclear how ‘secondary’ land uses should be viewed during the assessment process. To address this, officers are recommending the tables be reconfigured to include ‘preferred,’ ‘not preferred’ and ‘inappropriate’ land uses with clear assessment parameters for each. Officers are further recommending that the tables for ‘Mixed Use’ areas include all uses that can be contemplated in the ‘Mixed Use’ zone under LPS6.

During consideration of the land use tables, officers noted that the zoning table of LPS6 designates a number of land uses as ‘permitted’ within the ‘Mixed Use’ zone which may not be preferred within all sub-areas identified in the Strategy. For instance, a ‘Motel’ is not preferred within Precinct B – Commercial/Civic, although it is preferred within Precinct D – Tourist/Residential.

Under LPS6, Council does not have the ability to refuse a development application for a use that is designated ‘permitted’ on the basis of the use alone, although applications can still be refused should they fail to comply with the objectives or development standards set out for the relevant zone. This means that LPS6 as it currently stands may make it difficult to achieve Objective 2 of Section 4.1.2 of the Strategy, being: ‘For Old Broome to evolve into a mixed use area within which there are neighbourhoods with relatively distinctive characterisations of activity.’ Furthermore, officers noted that some uses shown as being ‘discretionary’ under the zoning table of LPS6, such as a ‘Dry Cleaning Premises,’ do not fit with the objectives of the Strategy and should be considered inappropriate within all sub-areas in Old Broome.

Given the above, officers consider that an amendment to LPS6 should be undertaken as a matter of priority, once LPS6 becomes operational. This amendment will reconsider uses within the ‘Mixed Use’ zone under the zoning table, and propose changes to align with the objectives, strategies, and actions of the Strategy. The particulars of such a Scheme Amendment need to be considered, and formally initiated, by Council at a later date. Officers however are recommending that Council instructs the CEO to commence preparation of Scheme Amendment documentation, to ensure that this matter can be further considered by Council at the earliest opportunity once LPS6 comes into force.

PROPOSED MODIFICATIONS TO THE STRATEGY

A copy of the proposed Local Planning Policy – Old Broome Development Strategy is included as Attachment 5. All modifications proposed as a result of public or internal submissions have been included on a ‘tracked changes’ copy of the Strategy which is included as Attachment 6. Modifications proposed to the Strategy maps and figures have been marked by hand and are included in Attachment 7. Should Council resolve to support the modifications proposed to the maps and figures, Shire officers will liaise with consultants Cardno (WA) Pty Ltd, who originally prepared the maps, to effect the relevant changes.

Attachment 1 – Schedule of Submissions

Attachment 2 – Late Submissions

Attachment 3 – Community Engagement Report

Attachment 4 – Internal Department Comment

Attachment 5 – Local Planning Policy – Old Broome Development Strategy

Attachment 6 – Proposed Text Changes – Old Broome Development Strategy Parts 1 and 2

Attachment 7 – Proposed Mapping Changes

ROLE OF THE STRATEGY

Once adopted, the Strategy will become a Local Planning Policy under TPS4 (and subsequently LPS6). The Strategy Plan and corresponding text will be used by Shire planners and Council when considering requests to initiate Scheme Amendments, subdivide land, or undertake new development.

The Concept Plan and corresponding text will play a different role as these sections are visionary rather than statutory. The purpose of the Concept Plan is to identify potential project ideas and orientate them spatially. As discussed above, the realisation of these project ideas will require additional work, such as feasibility studies and detailed design.

It is intended that the Concept Plan and related actions will become an ‘Informing Strategy’ under the Shire’s Integrated Planning Framework. This means that it will be considered by Council when undertaking revisions to the Strategic Community Plan, the Corporate Business Plan, and the Long Term Financial Plan. Further to the adoption of the Strategy by Council, the projects depicted on the Concept Plan will be assigned to the relevant Shire departments. Departments will then need to put forward their own project briefs to source funding through Council’s annual budgetary process in order to realise the projects.

CONSULTATION

Under the Shire’s Local Planning Policy 8.23 – Public Consultation – Planning Matters, ‘Development Strategies for Selected Areas’ are listed as Level E consultation, which requires the development of a Community Engagement Plan consistent with the Shire’s Community Development Policy 5.1.10 – Community Engagement. A Community Engagement Plan was prepared for the Strategy and was adopted by Council at its March 2014 Ordinary Meeting.

The Community Engagement Plan proposed a formal consultation period of 42 days and a variety of engagement activities. The consultation period concluded on 15 May 2014 at 4.00 pm with all activities completed, including:

o Letters posted to stakeholder groups, such as:

§ 700 landowners (approximately)

§ Relevant government agencies and local businesses

§ Community groups situated within Old Broome

o Online survey via ‘Survey Monkey’

o Public Notice on Shire of Broome website and in the Broome Advertiser

o Static public displays in the Shire Administration Office and Library

o Fact sheets

o Workshops with Broome residents, community groups, government departments and Nyamba Buru Yawuru Ltd representatives

o Pop-up public displays at the Court House Markets and Broome Boulevard Shopping Centre

o Advertising through media

o Interviews on ABC and Goolari Radio with the Shire’s Director Development Services

o Public enquiries (phone, e-mail and in-person)addressed by Shire planning staff

The Strategy and engagement activities generated a large amount of public interest. Appendix 3 is a Community Engagement Report which summarises the activities and the feedback received from the pop-up displays, community workshop, and online survey.

It is important to note that when a Community Engagement Plan is prepared using the Shire’s Community Engagement Framework, it includes a promise to the community about the level of involvement they can expect in a particular programme or project. The Community Engagement Plan for the Strategy set the level of engagement at ‘Consult,’ which includes the following promise:

We will keep you informed, listen to and acknowledge concerns and provide feedback on how the public input influenced the decision.

Officers consider that this promise to listen and acknowledge concerns does not extend only to submissions that are made ‘formally.’ Feedback received verbally during a public display or a workshop is also of value, and the Community Engagement Report has sought to document this feedback for Council’s information and consideration. Officers consider the common themes that emerged through the Community Engagement Report were also reflected in the submissions, and as such it is considered that they have been responded to by officers in Attachment 1 – Schedule of Submissions.

STATUTORY ENVIRONMENT

Planning and Development Act 2005

Town Planning Scheme No. 4

Draft Shire of Broome Local Planning Strategy

Local Planning Scheme No. 6

TPS 4

2.3 Local Planning Policies

2.3.1 The Council may prepare a Local Planning Policy in respect of any matter related to the planning and development of the Scheme Area so as to apply:

(a) generally or for a particular class or classes of matters; and

(b) throughout the Scheme Area or in one or more parts of the Scheme Area; and may amend or add to or rescind a Policy so prepared.

2.3.2 Any Local Planning Policy prepared under this Part must be consistent with the Scheme.

2.4 Local Planning Policy not Part of the Scheme

A Local Planning Policy is not part of the Scheme and shall not bind the Council in respect of any application for planning approval but the Council shall have due regard to the provisions of any such Policy and the objectives which the Policy is designed to achieve before making its decision.

2.5 Procedures for Making and Amending Local Planning Policy

A Local Planning Policy Shall become operative only after the following procedures have been completed:

a) The Council having prepared and adopted a draft Policy shall publish a notice once a week for two consecutive weeks in a local newspaper circulating within the Scheme Area giving details of where the draft Policy may be inspected, the subject and nature of the Policy and in what form and during what period (being not less than 21 days) submissions may be made.

b) The Council shall review the draft Policy in the light of any submissions made and shall then resolve either to finally adopt the draft Policy with or without modification, or not to proceed with the draft Policy.

c) Following final adoption of a Policy, notification of the final adoption shall be published once in a newspaper circulating within the Scheme Area.

d) Where, in the opinion of the Council, the provisions of any Policy affect the interests of the Commission, a copy of the policy shall be forwarded to the Commission.

e) The Council shall keep copies of any Policy with the Scheme documents for public inspection during normal office hours.

f) Any amendment or addition to a Policy shall follow the procedures set out in (a) - (d) above.

10.2 Matters to be Considered by Council

The Council in considering an application for planning approval may have due regard to the following:

(c) the requirements of orderly and proper planning including any relevant proposed new town planning Scheme that has been adopted by the Council pursuant to the Town Planning Regulations 1967;

(g) any planning policy adopted by the Council under the provisions of clause 2.5 of this Scheme, any heritage policy statement for any designated Heritage Area adopted under clause 7.2.2 of this Scheme, or any other plan or guideline adopted by the Council under the provisions of this Scheme;

LPS

3.3 Precincts

It is anticipated that ‘Development Strategies’ and/or design guidelines may be prepared for each of the precincts or sub-precincts indicated therein. The content of these development strategies and Design Guidelines will be adopted by Council as Local Planning Policies. The ‘Development Strategies’ will guide development within the precincts and assist Council in making recommendations to the WAPC on subdivisions, Design Guidelines will similarly be utilised to assist in assessing subdivisions and development applications.

3.3.1.2 Precinct 2 (Old Broome)

Precinct 2 will extend from south of Frederick Street to the Roebuck Bay Caravan Park and west to Herbert Street. Precinct 2 will also include the Demco residential subdivision. This area is under a process of change and includes some land zoned ‘Mixed Use’ under the local planning scheme with the majority zoned ‘Residential’. The extension of commercial activities requires careful consideration to ensure development is undertaken in accordance with the Local Commercial Strategy.

Objective:

1. Establish Precinct 2 as a ‘Mixed Use’ area consisting of residential, tourist, and office uses in an open form of development that recognises the historic character of the area.

Guidelines:

· Prepare Development Strategies which consider the integration of retail, mixed use development and tourism and recreational values of the precinct.

· Implement the Development Strategies and design guidelines where necessary.

LPS6

2.6 Local Planning Policy Savings Provision

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

POLICY IMPLICATIONS

Local Planning Policy 8.23 – Public Consultation – Planning Matters

Level E – Community Engagement Plan

1.14 Where planning matters are of State, regional or shire-wide significance the community will be consulted. This level of consultation will require preparation of a Community Engagement Plan consistent with Community Development Policy 5.1.10 – Community Engagement.

1.15 Specific objectives for Level E consultation which must be taken into consideration when preparing the Community Engagement Strategy, include but may not be limited to the following:

i. Raise awareness about a particular issue/matter;

ii. Establish communication links with the community and identify which sections of the community are to be targeted in engagement plan;

iii. Encourage active participation in programs;

iv. Collect views, opinions and ideas;

v. Foster community pride, support and ‘ownership’; and

vi. Build trust and confidence between Council and the community.

1.16 Consultation mechanisms available for Level E include but are not limited to:

i. Newspaper advertising;

ii. Letter/mail box drops or Council notices;

iii. Signage and displays in relevant locations;

iv. Media releases – press, radio, television (subject to availability and budget);

v. Notice to be displayed on Council’s website;

vi. Formation of community or advisory committees under Local Government Act 1995;

vii. Formation of working groups;

viii. Workshops, forums or briefing/information sessions;

ix. Public meetings; or

x. Other procedures as required.

1.17 Notwithstanding the consultation methods adopted, a minimum level of consultation for Level E will be a comprehensive local newspaper notice repeated over the duration of the process (minimum of 2 notices) associated with a formal comment period of twenty one (21) days, or such longer period that may be necessary to comply with relevant legislation. Costs associated with the mechanisms adopted under the Community Engagement Plan developed shall be borne by the applicant or initiating agency, as relevant.

FINANCIAL IMPLICATIONS

It is estimated that costs associated with the final modifications of the Strategy maps and figures can be accommodated within the original project budget as per the amended Scope of Work agreed to by Cardno (WA) Pty Ltd in February 2014.

As discussed above, the realisation of actions depicted on the Concept Plan will require additional work, such as feasibility studies and detailed design. Individual projects on the Concept Plan will be allocated to relevant Shire departments, which will then need to put forward their own project briefs to source funding through Council’s annual budgetary process

STRATEGIC IMPLICATIONS

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

Effective communication.

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

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

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

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

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

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

VOTING REQUIREMENTS

Simple Majority

Cr C Mitchell moved the Report Recommendation.

Cr D Male seconded the motion.

Cr A Poelina opposed the motion.

Debate ensued.

Council Resolution:

(Report Recommendation)

Moved: Cr C Mitchell Seconded: Cr D Male

That Council:

1. Pursuant to Clause 2.5 of Town Planning Scheme No. 4 adopt Local Planning Policy – Old Broome Development Strategy as outlined in Attachment 5 subject to the modifications outlined in Attachments 1 and 4 being effected to the Old Broome Development Strategy Parts 1 and 2.

2. Endorses the Concept Plan and related actions as an ‘Informing Strategy’ under the Integrated Planning Framework.

3. Authorises the Chief Executive Officer to commence preparation of suitable documentation for an amendment to Local Planning Scheme No. 6, which will reconsider the uses that are permitted in the ‘Mixed Use’ zone under the zoning table, to ensure that these uses align with the Old Broome Development Strategy.

CARRIED 5/1.

Cr A Poelina requested that all votes be recorded.

Voting

For the Motion: Cr P Lewis, Cr D Male, Cr M Manado, Cr C Mitchell and Cr H Tracey.

Against the Motion: Cr A Poelina.

Cr G Campbell returned to the Chambers at 5:56pm.

Cr P Matsumoto returned to the Chambers at 5:56pm.

Cr H Tracey read aloud the resolution for the benefit of Cr G Campbell and Cr P Matsumoto.

Cr G Campbell thanked the community, Director of Development Services and officers for their work on this Item.

Attachments

1.	Attachment 1 - Schedule of Submissions (Under separate cover)
2.	Attachment 2 - Late Submissions (Under separate cover)
3.	Attachment 3 - Community Engagement Report (Under separate cover)
4.	Attachment 4 - Internal Departmental Comment (Under separate cover)
5.	Attachment 5 - Local Planning Policy - Old Broome Development Strategy (Under separate cover)
6.	Attachment 6 - Proposed Text Changes - Old Broome Development Strategy Part 1 (Under separate cover)
7.	Attachment 6 - Proposed Text Changes - Old Broome Development Strategy Part 2 (Under separate cover)
8.	Attachment 7 - Proposed Mapping Changes (Under separate cover)

Minutes – Ordinary Meeting of Council 27 November 2014 Page 53 of 54

9.2.3 SHORT STAY VISITOR CAMPING & ACCOMMODATION CONCEPT

LOCATION/ADDRESS: Broome District

APPLICANT: Nil

FILE: LPAO1

AUTHOR: Chief Executive Officer

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Chief Executive Officer

DISCLOSURE OF INTEREST: Nil

DATE OF REPORT: 21 October 2014

SUMMARY: Transient persons visiting Broome continue to cause issues in relation to accommodation and disruptive behaviour within the Central Business District and associated bushland adjacent to residential and business districts.

This report seeks Council’s direction to seek determinations relating to a Short Stay Visitor Camping area in Broome and the reconsideration by Council of the Department of Housing Short Stay Visitors Accommodation project.

BACKGROUND

OMC 16 April 2009 Item 12.1

OMC 29 October 2009 Item 9.1.3

OMC 1 September 2011 Item 12.3

OMC 16 February 2012 Item 9.1.1

OMC 24 July 2014 Item 12.1

Previous Considerations

Council previously sought to work collaboratively with various Departments and Yawuru (Kimberley Institute) to develop a mutual process of addressing the development of a Short Stay Accommodation and visitors camping project for Broome. The Short Stay Accommodation concept that Council and Yawuru collectively envisaged was for a revitalisation and redevelopment of One Mile Community which included a welfare centre, new building development for the existing community members and the creation of a visitors camping area to manage vagrancy in Broome. (Attached)

While this report acknowledges the important work undertaken by the Homeless Action Group of Broome in their endeavours to rectify Homelessness issues, this report focuses on a Shire of Broome forward plan to drive infrastructure and service opportunities at a local government level with State and Commonwealth Government agencies.

COMMENT

Over a number of years various reports and actions have sought a variety of solutions for Broome in relation to Homelessness and the anti-social activities associated with transient visitors to Broome.

Many reports and meetings have been held with a view to resolve what is a complex legal and social problem that is being experienced within the town. While this report is written in the context of Broome it is acknowledged that there are several regional and sub-regional centres experiencing the same problems.

Council has previously considered the matter of a Short Stay Accommodation facility which it subsequently supported going to Derby after Councillors were lobbied by community members that the proposed site was not a suitable location in Broome. Subsequent suggestions for sites from the Shire have not been acceptable due to location being considered too remote by State agencies. In the past there has been confusion in relation to what the Department of Housing’s model for a Short Stay Accommodation facility is and the colloquial interpretation from the Shire. This is explained so as to ensure the definitions are not confused within the body of this report.

The Department of Housings model is one where persons travelling to a regional centre are not under the influence of any alcohol or other substance and are capable of paying a small sum towards board and sustenance when staying at the facility. This service provision is one that still remains an unmet need in the Shire of Broome and Council may wish to consider an opportunity provided by Nyamba Buru Yawuru Ltd for a site in Broome. (as attached)

Additionally, there is a need for a further support service that cares for people that are unwilling, unable or ineligible to meet the State’s Short Stay Accommodation model. These persons are generally in Broome camping rough in bushland in the town or in the Central Business District. A percentage of these persons appear to be under the influence of alcohol or other substances that cause them to be inebriated and in extreme cases appear non-compos mentis as a result of their particular dependency.

These persons live on the fringe of Broome, and appear to have high dependency issues. Based on complaints being received from business owners and persons experiencing the affects of this behavioural dilemma the Shire has received complaints of alcohol abuse, intimidation, unhygienic attributes such as urination and defecation on business frontages, littering and illegal camping, further impacts are being experienced by businesses involved in the Tourism sector that are making complaints to the Shire that disorderly behaviour is having a detrimental affect on the tourism product of Broome and return tourism visitations. This behaviour is not being tolerated by business owners and without a Policing presence backed by Justice support, the disorderly behaviour is being tolerated or is beyond the existing resources of the Police in a complex legal justice system. Community members are requesting assistance from the Shire where other avenues to manage disorder and behavioural problems have not seen a solution developed.

In a welfare context people are being left untreated or with subsistence support from not for profit agencies seeking to provide basic help for these persons. These groups report that they manage the service with limited resources.

Many persons are camping in Mangroves, bushland, under verandas, on the walkways and in municipal parks without shelter or managed care. While the transient visitors to Broome increase and decrease over a consistent period best assumption of numbers of people in the town are between 100-150 displaced persons at any one time. Many of these persons are under the influence of substance abuse and are not able to care for them-selves. While basic food needs are serviced from extended family or NGO support, shelter is being catered for through the use of tents or rudimentary shade structures. This is of acute concern when in cyclonic periods transient visitors are not being managed nor have a level of rudimentary shelter in these wet season conditions. This matter has been raised with the District Emergency Management Committee previously who has not been able to derive an achievable solution to this situation as a result of existing infrastructure and the issue remains unresolved.

As above mentioned there are approximately 100-150 persons sleeping rough in Broome, However, Council should note that a developing problem may arise as a result of Commonwealth and State negotiations for service provision to Aboriginal communities in Western Australia. It is understood that the Commonwealth Government has allocated final up front payment of $90 million (representing a four year period of funding from them) commencing from 1 July 2015 for MUNS. Their view is that the provision of MUNS is a State responsibility. As Council is aware there are approximately 80 communities/homelands in the Shire of Broome that range in size from small through to larger communities such as Bidyadanga with up to 1000 persons.

The Shire has been advised by the Department of Local Government and Communities (attached) and has also received a letter between State Minister Marmion and Commonwealth Minister Scullion (attached) detailing the provision of limited service provision and funding allocations to the State of Western Australia. While these terms are being negotiated at a Government level the Shire of Broome still does not know what it may be required to provide in relation to its level of anticipated resource allocation to these communities for municipal services provided by the Shire. At the time of preparing this report only seven (7) months remain before 1 July 2015, organisationally the Shire is not resourced, has not been advised of any new funding sources and critically the Commonwealth and State Governments have not engaged with the communities to advise of future changes to policy and budget allocations.

This political development between the Commonwealth and State may have a significant impact on the matter of transience in Broome. From a purely assumptive position, using the Dampier Peninsula Strategy being prepared by the State’s Department of Planning, there is an indication that there are approximately 2500 persons living in communities outside of Broome. With the withdrawal of service provision or reduction of service provision to communities that do not meet the criteria of State Planning Policy 3.2. There may be further transition to Broome for persons that are no longer able to sustain a dwelling in the Peninsula. This assumption does not consider further impacts that may occur as a result of persons moving to Broome from adjoining local government districts.

A presumption by Commonwealth and State Agencies will be that people would move into a larger Aboriginal community in the Peninsula yet this methodology may not comprehend cultural differences or family matters that may exist that will inhibit this transition.

Some of these homeland communities were developed as a result of Commonwealth determinations through the ATSIC period of return to country policies of the time and may now face closure.

Existing transition from other regions into Broome that is currently being experienced, trends a presumption that may see an additional several hundred people displaced over a number of years and likelihood that this movement of displaced persons would be to Broome or other regional centres, none of these regional centres has been prepared for such a transition nor has adequate housing strategies or support services been prepared in advance of an assumed movement to these regional areas. The levels of homelessness may escalate beyond existing pressures.

Opportunities

Department of Housing – Short Stay Accommodation Model

Council’s resolution in relation to the development of a Short Stay facility did not see the development of the Goolarbooloo site in Old Broome, rather the development relocated to the Shire of Derby as a result of community concerns expressed to Council relating to the sites location.

Since that time the Shire President and Chief Executive Officer have visited the Short Stay facilities recently developed at Kalgoorlie and Derby and spoke with staff. Of particular mention is the Derby facility which is a state of the art facility that caters for clientele visiting Derby for various town based services. Having been given a guided tour of the facility by the Shire and staff of Centacare, the Department of Housing are to be congratulated for the works achieved and project management around its suitability for the Kimberley. The facility was culturally appropriate, safe, well cleaned and had professional staff trained to run the facility which included appropriate levels of CCTV to monitor the entire site and had staff onsite 24/7. It is felt that a facility of this type would be well serviced in Broome.

Over recent months the Shire has had discussions with Yawuru in relation to the development of such a facility with a view to meeting the request from the Department of Housing that the Shire needed to identify a suitable site for the project to progress.

Nyamba Buru Yawuru Ltd has now written (attached) to the Shire of Broome identifying a site for the location of a Short Stay Accommodation facility at lot 3143 Dickson Drive, Broome. Yawuru in its letter indicate that the site is owned in freehold by Rubibi and currently under lease to Southern Cross. Yawuru advise that they are currently in negotiations regarding lease arrangements.

Should Council acknowledge this site as a probable site for the establishment of a Hostel an opportunity would then present itself to communicate this opportunity to the State Government for future development.

Dry Visitor Camping Area

With many transient persons dispersed or in close proximity to the Central Business District and sleeping rough, a defined specific purpose place needs to be identified to locate persons with some level of welfare.

Currently displaced visitors are sleeping rough in various locations in and around Broome in areas such as the CBD, Mangroves, Anglican Church and in the vicinity of Town Beach with rudimentary shelter and no hygienic services. The health of these persons is at risk compounded generally with dependency issues.

From a welfare perspective it is recommended that the Shire of Broome in conjunction with agencies develop a managed camping facility in Broome. A site adjacent to the Broome Road and Gubinge intersections could be an appropriate location that may be developed for this purpose. While the site would encroach on Main Roads and the Shire of Broome Road Reserve, it could be placed at that location for visitor camping that allows centralised support from agencies to provide wrap around services for displaced persons.

The site was considered as there is a lack of suitable sites that would meet support from support services due to the need from those agencies for reasonable close proximity to Broome and this site would be the best site considering available land and ability to ensure amenity is protected due to its location being an entry point to Town. Immediately east and south of the site would be the Yawuru Conservation boundary.

Should Council agree to consider this site then land investigations would need to be determined with the Department of Lands and an agreement given from both Main Roads WA and Department of Lands that this site could have its purpose changed to allow this site to be selected.

Other sites have been proposed over time including areas out near Morrell Road or the old OTC site but have been rejected due to tenancy or the distance from Town.

If considered a valid option a cost determination would need to be undertaken that would involve support from Commonwealth and State agencies to support visitor camping as a short term stay only. If controls are not put in place around period of stay then there is a risk that the site may develop permanency which would not be a desired outcome. While no management guidelines exist it is believed that a stay of no longer than three months would need to be enforced.

A working group through the Shire, Yawuru, Department of Aboriginal Affairs and other agencies has been established to consider future management options in relation to transient visitors coming to Broome and develop management guidelines and ways of enforcing these provisions must be considered in a free and frank discussion.

Should Council agree to consider the proposed site as a temporary camping area then an obligation would be for the Shire to service the area for waste removal at its cost. This may entail the removal of cars and other general waste streams from the site. At the time of preparing this report no cost for this waste removal service has been undertaken by staff until such time as Council considers the sites location. Estimated costs for this service would be in the vicinity of $40,000 plus per annum for bin cleaning and removal of disused vehicles and other material.

The site would need to be serviced with water and sewerage and have established ablutions blocks and shade shelters constructed and maintained. The Shire does not have the financial resources to provide this level of service nor the asset management funding to provide for replacement and upgrade of these assets. This role would also be beyond the Shire’s Executive Functions (Section 3.18) provisions unless determined otherwise by Council. The provision of these services should be funded and maintained by State and Commonwealth agencies with the Shire recognising that it would need to provide rubbish removal services to ensure the amenity of the town is maintained with the sites close proximity to the entry to Town and acknowledging that it is part of a solution through a joined up whole of government approach.

An agency such as Centacare, Red Cross, Anglicare or other local service provider would need to be appointed and funded by the Commonwealth and State to provide welfare and management services at the site.

In writing this report it is acknowledged that the development of a Memorandum of Understanding between agencies must be established to see this facility operating efficiently that will provide basic shelter and welfare services to visitors. The problems that the community is facing are recognised by agencies and initial discussions held has been fruitful but will require political support from Government to see the site is serviced and maintained into the future.

CONSULTATION

Yawuru, WA Police, Department of Aboriginal Affairs

STATUTORY ENVIRONMENT

Subdivision 1 — Performing executive functions

3.18. Performing executive functions

(1) A local government is to administer its local laws and may do all other things that are necessary or convenient to be done for, or in connection with, performing its functions under this Act.

(2) In performing its executive functions, a local government may provide services and facilities.

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

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

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

(c) are managed efficiently and effectively.

3.40A. Abandoned vehicle wreck may be taken

(1) An employee authorised by a local government for the purpose may remove and impound a vehicle that, in the opinion of the local government, is an abandoned vehicle wreck.

(2) If, within 7 days after a vehicle is removed under subsection (1), the owner of the vehicle is identified, the local government is to give notice to that person advising that the vehicle may be collected from a place specified during such hours as are specified in the notice.

(3) A notice is to include a short statement of the effect of subsection (4)(b) and the effect of the relevant provisions of sections 3.46 and 3.47.

(4) If —

(a) after 7 days from the removal of a vehicle under subsection (1), the owner of the vehicle has not been identified; or

(b) after 7 days from being given notice under subsection (2), the owner of the vehicle has not collected the vehicle,

the local government may declare that the vehicle is an abandoned vehicle wreck.

(5) In this section —

abandoned vehicle wreck means a vehicle —

(a) that is not operational; and

(b) the owner of which has not been identified by the local government after using all reasonable avenues to do so; and

(c) that has a value that is less than the prescribed value calculated in the prescribed manner.

[Section 3.40A inserted by No. 49 of 2004 s. 25(1).]

POLICY IMPLICATIONS

Nil

FINANCIAL IMPLICATIONS

Financial costs have not been determined accurately at this time and will require further review depending on the support or otherwise from Government agencies as a joined up Government approach.

Initial costs that would be outside of budget parameters would be the requirement for the Shire of Broome to run a waste service at its cost to remove waste streams and other rubbish deposited such as disused or abandoned vehicles. An estimate would be in the vicinity of $40,000 per annum though this could be higher depending on service requirement and use.

STRATEGIC IMPLICATIONS

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

Effective communication.

Affordable services and initiatives to satisfy community need.

Accessible and safe community spaces.

Participation in recreational activity.

A healthy and safe environment.

High level social capital that increases community capacity.

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

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

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

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

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

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

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

Council is able to mobilise resources to deliver municipal services to Indigenous communities that are compliant, effective and within Council’s capacity.

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

An organisational culture that strives for service excellence.

Sustainable and integrated strategic and operational plans.

Responsible resource allocation.

Effective community engagement.

Retention and attraction of staff.

Improved systems, processes and compliance.

VOTING REQUIREMENTS

Simple Majority

Council Resolution:

(Report Recommendation)

Moved: Cr D Male Seconded: Cr C Mitchell

That Council:

1) Authorises the Chief Executive Officer to approach the Department of Lands and Main Roads Department to consider the development of a Visitors Camping area at the Intersection of Broome Road and Gubinge intersections

2) Requests the Chief Executive Officer to prepare a site plan for the Visitor Camping area in consultation with Yawuru, Commonwealth and State Agencies to determine infrastructure needs and levels of service to be provided at the Visitor Camping area inclusive of cost determinations and report back to Council at the earliest possible opportunity.

3) Authorises the Shire President to write to Minister’s Scullion and Collier expressing the Councils’ dire concern that the closure of Indigenous communities in the Dampier Peninsula and wider Kimberley Region will have consequences on regional communities and requests what mitigation strategies inclusive of housing developments are being contemplated by the Commonwealth and State to ensure that Homelessness does not escalate in Broome as a result of the Governments decisions.

4) Writes to the Nyamba Buru Yawuru Ltd thanking them for their offer for the development of a Short Stay Hostel Accommodation facility to be developed on Dickson Drive Broome.

5) Writes to the Director General of the Department of Housing identifying the Short Stay Hostel Accommodation facility offer from Nyamba Buru Yawuru Ltd on Dickson Street, Broome to be a suitable location for the future development of a managed Short Stay Hostel similar to the facility developed at Derby as its preferred option.

CARRIED UNANIMOUSLY 8/0

Attachments

1.	Short Stay Visitor Camping & Accommodation Concept Attachments

Minutes – Ordinary Meeting of Council 27 November 2014 Page 61 of 62

9.2.4 APPLICATION FOR PLANNING APPROVAL - SIGNAGE FOR LANDCORP INDUSTRIAL SUBDIVISION LOT 308 BROOME ROAD, WATERBANK.

LOCATION/ADDRESS: Lot 308 Broome Road, Waterbank

APPLICANT: Image Source on behalf of LandCorp

FILE: RES 25716

AUTHOR: Planning Officer

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Director of Development Services

DISCLOSURE OF INTEREST: Nil

DATE OF REPORT: 10 November 2014

SUMMARY: An application for Planning Approval has been received for a proposed ‘Real Estate Sign’ to be positioned within the road reserve adjacent to Lot 308 Broome Road, Waterbank. The application has been submitted by Image Source on behalf of LandCorp.

The sign proposes a variation to the Shire’s ‘Signs’ Local Planning Policy 8.17 as it is proposed to be positioned within the road reserve, and will comprise a sign surface area in excess of 2sqm. The application is therefore presented to Council for consideration.

This report recommends that Council grant Temporary Approval for the sign as proposed, subject to conditions as recommended in this report.

BACKGROUND

Previous Considerations

OMC 1 August 2011 Item 9.4.1

OMC 28 August 2014 Item 9.2.5

The Broome Road Industrial Area Master Plan was adopted at Ordinary Meeting of Council 1 August 2011. The proposed industrial subdivision of Lot 308 Broome Road, WAPC Reference 150440, was supported under Delegated Authority at the Shire’s Development Control Unit meeting 18 September 2014.

Site and Surrounds

Lot 308 Broome Road is located approximately 10kms to the east of Broome. The sign is proposed to be installed approximately 10m to the east of the existing road train assembly and parking area, on the southern side of Broome Road (see Attachment 1). The land on which the sign is to be positioned is dedicated road reserve designated for the purpose of road and road widening under the management responsibility of MainRoads (MR).

Description of the Proposal

Image Source, on behalf of LandCorp, has submitted an application for planning approval for the installation of a 7.2sqm ‘Hoarding’ (or billboard) style sign to measure 1.8m in height and 4m length (see Attachment 2). The sign will contain information advertising the availability of industrial land for sale within the approved LandCorp industrial subdivision. The sign will also contain the contact information of LandCorp and the listed real estate agency.

The applicant has detailed the following information in support of the positioning of the sign within the road reserve:

1. If alternatively positioned within the lot boundary, the sign would be obscured by existing vegetation and not visible to traffic.

2. The sign will be located outside of the 11m ‘clear zone’ (measured from the edge of the sealed surface of the road) as required by MR.

3. The sign will be in position for the term of temporary approval and removed at the applicant’s (LandCorp) cost.

4. The applicant (LandCorp) accepts responsibility for maintenance of the sign.

5. The applicant (LandCorp) will take out and maintain public liability insurance coverage for the proposed sign.

6. The sign will be constructed of materials and installed in accordance with cyclonic structural engineering requirements.

7. The applicant has provided a copy of MR email agreeing to the installation of the sign as proposed.

COMMENT

The SoB LPP 8.17 – ‘Signs’ (LPP 8.17) defines a ‘Hoarding Sign’ as a detached structure supported above ground level by one or more piers and is not attached directly to any building or other structure. There are also specific size criteria including the requirement that the maximum area is 20sqm.

The proposed sign while being similar in form to a ‘Hoarding Sign’ contains information relating to a particular property transaction, as such, it is considered to be a ‘Real Estate Sign’. The provisions of LPP 8.17 also require such ‘Real Estate Signs’ to be positioned within the boundaries of a lot to which the transactions relate and be a maximum of 2sqm in sign surface area.

The Department of MR is aware of the Shire’s LPP 8.17 and that large signs not related to traffic/road safety are generally not supported by the Shire along Broome Road. Notwithstanding this MR has agreed to the sign erection on the basis that:

· Approval for the sign will be on a temporary basis, with removal to be at the applicants cost;

· The sign does not present safety concerns for traffic;

· Provision of insurance coverage and maintenance of the sign are to be the responsibility of the applicant.

Clause10.2 (k) of TPS 4 requires that in assessing an application for Planning Approval consideration is to be given to the preservation of the amenity of the locality. Broome Road is Broome’s only entry road and the proliferation of large signs along Broome Road would have an adverse impact with regards road to safety and the visual amenity of this key entry arterial. It is in view of these concerns that this report recommends that approval for such a sign is limited to this instance on the basis that:

a) The sign is a temporary measure and therefore any impacts upon amenity would also be temporary;

b) Main Roads have indicated the sign does not present adverse issues for traffic safety.

The proposal requires a variation to LPP 8.17 as the sign will be positioned outside the boundaries of the lot to which the transactions relate and will comprise a sign surface area of 7.2sqm. In considering this the following are noted:

1. If the sign was positioned within the lot boundary of the Broome Road Industrial Estate it would be screened by the existing vegetation. It has become standard practice for ‘Real Estate Signs’ to be positioned within the road reserve, adjacent to the property for sale, on the basis that such signage will be temporary, and does not present safety implications for traffic.

2. The sign will be located outside of the 11m ‘clear zone’ (measured from the edge of the sealed surface of the road) determined by MR to be acceptable for traffic safety requirements.

3. The sign is proposed to promote the availability of industrial land as part of the development of the Broome Road industrial area.

The Shire of Broome Local Planning Strategy adopted by Council in November 2013 includes the following objective:

1. To ensure that land is available for a range of industrial uses to support economic growth within the shire,...

It further includes the following strategies

- Provide general industry at Broome Road to accommodate the anticipated growth in the transport and construction sectors and other industries including expected growth from the development of the Browse LNG Precinct.

- Promote implementation of the Broome Road Industrial Masterplan by the State Government as a matter of urgency to ensure appropriately zoned land is available to support the potential development of the Browse LNG Precinct.

Considering that the sign is a “Real Estate Sign” under the policy and will be placed in the road reserve directly adjacent to the subject land, it will be temporary and is in line with the objectives and strategies of the Local Planning Strategy the request to vary the policy is supported.

It is therefore recommended that the sign be approved subject to conditions.

CONSULTATION

The applicant has provided evidence of consultation with and advice received from MR regarding the proposed sign. Specifically, MR have indicated their consent to the proposed positioning of the sign on the basis that the following is observed in the granting of any Planning Approval:

1. Vegetation within the road reserve shall not be removed or trimmed to improve the visibility of the sign.

2. The sign is to be maintained at all times with removal of graffiti and rectification of damage the responsibility of the applicant.

3. The sign is to meet Shire of Broome requirements with installation subject to Shire approval.

4. MR approval for the sign shall be limited to a period of 12 months commencing end October 2014 with an option to make application for an extension to the term of approval. In submitting their application, LandCorp has provided a copy of MR advice specifying MR support for the sign on the basis that approval is to be limited to a 12 month period.

5. Insurance coverage for the sign is to be maintained by the applicant at all times indemnifying the Commissioner of MR.

6. The sign is to be located outside of the 11m ‘clear zone’ as measured from the edge of the sealed surface of Broome Road.

STATUTORY ENVIRONMENT

Planning and Development Act 2005

Local Government Act 1995

Land Administration Act 1997

Shire of Broome Town Planning Scheme No.4 1999

3.3 Use and development of Local Reserves

A person shall not use, commence or carry out development on a local reserve without first having obtained the planning approval of the Council under Part 9 of the Scheme, and in determining an application for planning approval the Council shall have regard to:

(a) the matters set out in clause 10.2; and

(b) the ultimate purpose intended for the reserve;

And the Council shall, in the case of land reserved for the purposes of a public authority, confer with that authority before giving its approval.

10.1.2 In the case of land reserved under the Scheme for the purposes of a public authority, the Council shall consult that authority before making its determination.

10.6 Temporary Planning Approval

Where the Council grants planning approval, the Council may impose conditions limiting the period of time for which the approval is granted.

Local Planning Strategy (to be gazetted)

2.4.5 Industrial Land

Strategies:

1. Provide general industry at Broome Road to accommodate the anticipated growth in the transport and construction sectors and other industries including expected growth from the development of the Browse LNG Precinct.

POLICY IMPLICATIONS

Shire of Broome Local Planning Policy 8.17 – Signs

Authority

The Shire of Broome TPS 4 clause 5.13 establishes the erection or display of any sign and the use of land or any building for the display of any sign involving non site specific advertising is development and requires the prior approval of Council. Council when assessing a planning application will also consider the objectives of the zone, the character and amenity of the locality of the area within it is to be placed, traffic safety and the amenity of the adjacent areas to be affected and other matters as set out in TPS 4.

Policy Statement – Sign Definitions:

“Real Estate Sign” is any sign advertising property transactions that exceed the

sign area listed for ‘exempt’ signs under the Shire of Broome Town Planning Scheme.

The following provisions apply:

- A maximum size of 2sqm.

- Is located within the property boundary to which the transaction relates.

- Requires no guy ropes or stays or other external devices to ensure stability.

- Is removed when the property transaction is completed or twelve months

whichever is the lesser.

- Is removed when Cyclone warning ‘Yellow’ alert is issued.

- Maximum number of one sign per street frontage even if multiple listed.

FINANCIAL IMPLICATIONS

Nil

STRATEGIC IMPLICATIONS

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

Affordable land for residential, industrial, commercial and community use.

VOTING REQUIREMENTS

Simple Majority

Council Resolution:

(Report Recommendation)

Moved: Cr H Tracey Seconded: Cr M Manado

That Council grants Planning Approval for the installation of a ‘Real Estate Sign’ within the road reserve, subject to the following conditions;

1. Development must be carried out in accordance with the plans and documentation listed below and endorsed with Council’s stamp, except where amended by other conditions of this consent:

Plans and Specifications

P1 (site & location plan), P2 (elevations) received by the Shire 2 October 2014.

2. Planning Approval for the ‘Real Estate Sign’ shall expire 1 year from the date of this approval. The sign shall be removed upon expiration of the term of approval at the applicants cost.

3. For works within the road reserve, the proponent must:

a) Take out and maintain with an insurer, approved by the Shire, public liability insurance to the sum of not less than $10 million indemnifying the Commissioner of Main Roads and the Shire of Broome at all times;

b) Prepare and register a notification under Section 70A of the Transfer of Land Act, in a form acceptable to the Shire, giving notice of the applicant(s) responsibility for maintenance and removal of the sign.

4. The sign shall be kept clean and free from unsightly material and shall be maintained in good order so that it does not become dilapidated.

5. The external surface area of the ‘Real Estate Sign’ in accordance with approved plans is to be 1.8m x 4.0m.

ADVICE NOTES

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

(i) The Western Australian Building Act 2011 requires a Building Permit being obtained from the Shire before any work commences on site as per the Building Code of Australia.

(ii) Health Act 1911 and Department requirements in respect to the development and use of the premises;

(iii) The Aboriginal Heritage Act 1972, in this regard you are advised and encouraged to contact the Department of Aboriginal Affairs.

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

c. Application forms and information are available on the website www.broome.wa.gov.au

CARRIED UNANIMOUSLY 8/0

Attachments

1.	Attachments 1 & 2. (Location Plan & Elevations) Proposed LandCorp Signage Lot 308 Broome Rd.

Minutes – Ordinary Meeting of Council 27 November 2014 Page 67 of 68

9.2.5 PROPOSED AMENDMENT TO BEAGLE BAY LAYOUT PLAN NO.2

LOCATION/ADDRESS: Nil

APPLICANT: Nil

FILE: ABL02.5

AUTHOR: Planning Officer

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Director of Development Services

DISCLOSURE OF INTEREST: Nil

DATE OF REPORT: 11 November 2014

SUMMARY: The Department of Planning (DoP) has prepared an amendment to Beagle Bay Layout Plan No.2 (refer Attachment 1) and has requested the Shire of Broome endorse the amended Layout Plan as detailed in Attachments 2 & 3.

The proposed amendments to the Layout Plan are presented to Council for consideration.

This report recommends that Council notes the proposed amendments and express concerns that the previously requested matters have not been addressed in the amended Layout Plan.

BACKGROUND

Previous Considerations

OMC 6 September 2012 Item 9.2.1

OMC 21 March 2013 Item 9.2.4

At the Ordinary Meeting of Council 21 March 2014 Council resolved to not endorse the then draft Beagle Bay Layout Plan No.2 (refer Attachment 1). It was determined that the draft Layout Plan prepared November 2012 did not adequately address a number of matters including the suitability of the location of key infrastructure and land-use with consideration for risk of flood, and environmentally sensitive areas. It was recommended a revised Layout Plan be prepared demonstrating clear delineation between the settlement zone and known environmental features and land-use constraints. Despite the Shire’s concerns, amendment No.2 to the Beagle Bay Layout Plan was adopted by the DoP 27 June 2014.

Site and Surrounds

The lots the subject of the proposed amendments are described as follows (refer Attachments 2 & 3):

· SL-lot 106 is located in the north-west of the Beagle Bay community, at the intersection of Philip Road and Second Street. A ‘flooding boundary’ line shown on the existing Layout Plan passes through the south-western corner of the lot, and a ‘no-go area’ as shown on the existing Layout Plan abuts the north-western boundary of SL –lot 106.

· SL – lot 455 and SL- lot 801 are located in the south-east of the Beagle Bay community, positioned to the rear of existing residential lots fronting Old Beagle Bay Road.

· SL – lot 455 is currently designated for ‘residential’ use whilst SL – lot 801 is designated ‘rural purpose’. Both existing SL – lot 455 & SL – lot 801 encroach into the designated ‘drinking water source protection area’. A ‘flooding boundary’ line shown on the existing Layout Plan passes through both SL – lot 455 & SL – lot 801.

Description of Proposal

The DoP proposes to amend the Layout Plan as follows:

Re-draw the boundaries of SL – lot 106 to create new SL –lots 106 and SL – lots 120 – 124, to be designated for residential use.

Re-align the boundaries of SL – lots 455 and 801 to reflect the location and layout of the existing mango farm rural pursuit on SL – lot 801.

The amendment to the Layout Plan is being undertaken to:

a) facilitate the Department of Housing’s (DoH) intention to build additional residential dwellings at Beagle Bay, by amending SL – lot 106 to create new SL –lots 106 and SL – lots 120 – 124. DoH has advised that the creation of additional residential lots in this location will make efficient use of existing essential and municipal services available to these lots; and,

b) Re-align the boundaries of SL – lots 455 and 801 to reflect the location and layout of the existing mango farm rural pursuit on-site with respect to SL – lot 801.

By amending the boundaries of SL –lot 801 as proposed, the area of land designated for ‘rural’ purposes on the Layout Plan will be reduced. However, the amended layout will allow for a separation between ‘rural purpose’ land-use and the ‘drinking water source protection area’ as shown on the Layout Plan. A portion of SL – lot 455 will continue to encroach into the ‘drinking water source protection area’, and flood prone land, as shown to the south-east of the Beagle Bay community.

COMMENT

State Planning Policy 3.2 (SPP 3.2) requires that layout plans reflect the growth aspirations of communities based on sound planning principles including consideration of known cultural, environmental, and infrastructure constraints and opportunities.

The proposed amendments provide a clearer delineation within a particular location between residential and rural purpose land-use and known cultural and environmental constraints. However Council’s concerns of 21 March 2013 relating to a broader delineation of land-use with consideration for ‘drinking water source protection areas’, ‘no-go areas’, and ‘flood-prone’ land have not been addressed.

As such it is recommended that the Council note the proposed amendments and again express concern that the following points have not been incorporated in the Beagle Bay Layout Plan, and request that a revised Layout Plan be prepared to address these concerns:

a) The Layout Plan does not clearly delineate the settlement zone boundary which should reflect the areas where settlement has already occurred or where settlement is proposed to occur.

b) The following have not been adequately addressed within the Beagle Bay Layout Plan;

i. Environmental features including:

• Height of ground water table.

• Native vegetation mapping, including the identification of any threatened ecological communities or declared rare flora and fauna.

• A drainage map/strategy showing the main drainage features and key outlet and treatment points.

• Drinking water source protection areas for both existing and future water source locations.

• Soil mapping and identification of any potential acid sulphate soils.

• Identification of any potential contaminated sites.

• Flood risk and contour mapping in relation to entirety of Layout Plan area.

ii. Details of both current and future sites for telecommunication facilities within the community.

iii. Advice from the Water Corporation and Department of Health relating to the Waste Water Treatment Pond, detailing any upgrading or re-location required.

iv Update plan to show a future rubbish tip location and identify current site as a possible contaminated site.

v. Consideration be given to include commercial zoned land within proximity to SL-lots 455 & 555.

vi. An alternative site for the proposed cemetery to be provided to ensure mitigation of flood risk.

vii. Details of future power and water service provision to all future residential development lots to be included on amended plan.

viii. Location of all proposed access-roads.

ix. Provision for re-location of any essential service facility.

CONSULTATION

The DoP has advised that community endorsement of the amended Layout Plan was provided to the department by the Beagle Bay Community Aboriginal Corporation on 19 June 2014. DoP has advised that consultation regarding the proposed amendment was undertaken by DoH with representatives of the Bindunbur Native Title application on 30 July 2014.

STATUTORY ENVIRONMENT

Planning & Development Act 2005

State Planning Policy 3.2 ‘Planning for Aboriginal Communities’ was prepared pursuant to the provisions of Part 3 of the Planning & Development Act 2005.

State Planning Policy 3.2

Objectives

2.1 To provide for the recognition of Aboriginal settlements through local planning schemes and strategies.

2.2 To collaboratively plan for the orderly and coordinated development of Aboriginal settlements.

4.0 Application of the Policy

4.1 This policy applies to the planning and development of Aboriginal settlements throughout Western Australia.

Layout plans – Preparation

6.1 All Aboriginal settlements are to have an endorsed Layout Plan.

6.2 Layout Plans may be prepared for Aboriginal communities that exhibit special circumstances, such as a native title agreement that confers an undertaking of support by the State for development of a particular place.

6.3 Layout Plans are to be prepared in accordance with this policy and associated guidelines and are to comprise: a) map-set; b) background report, and; c) provisions.

6.4 Layout Plans are to reflect the growth aspirations of the resident community and traditional owners based on sound planning principles including consideration of known cultural, environmental, economic, tenure and infrastructure constraints, opportunities and requirements.

6.5 The Layout Plan map-set is to be based on appropriate spatial data and is to distinguish existing from proposed land uses.

6.6 The background report and provisions are to be prepared in accordance with WAPC specifications, which may be detailed as a guideline prepared under this policy.

6.7 A simplified version of a Layout Plan may be prepared if it is in accordance with a guideline prepared under this policy.

6.8 A drinking water source protection plan is to be prepared for each Aboriginal settlement and is to be incorporated into the Layout Plan.

Consultation

6.9 Consultation is to be undertaken with the resident community, traditional owners, local government and relevant key agencies and stakeholders in the preparation of Layout Plans.

Endorsement

6.11 The WAPC may endorse a Layout Plan if—

(c) the relevant local government has endorsed the Layout Plan, or in the case that the local government has not endorsed the Layout Plan, that the WAPC is satisfied that preparation of the Layout Plan has included appropriate consultation with the local government and that best endeavours were made to secure the endorsement of the local government.

Amendments

6.13 An endorsed Layout Plan may be amended at the request of any interested party, subject to the application of provisions 6.9 to 6.12 of this policy.

6.14 If an amendment is considered to be minor in nature it may be completed without the application of provisions 6.9 to 6.12 of this policy, other than the requirement for endorsement by the WAPC.

6.15 Amendments to layout plans are to be recorded on the map-set.

Interim Development Order No.4.

Application

This Order applies to: Land between the Scheme boundary of Town Planning Scheme No. 4 and extending northwards, eastwards and southwards to the boundaries of the Municipality.

Local Planning Scheme No.6 (to be gazetted)

4.15 Settlement Zone

4.15.1 The objectives of the Settlement Zone are to identify existing and proposed Aboriginal settlements and to plan for the orderly and proper development of those places by:

(a) requiring preparation and endorsement of a Layout Plan;

(b) ensuring that development accords with a Layout Plan;

(c) providing for a mix of land uses typically found in Aboriginal Settlements, including light industrial, tourism, residential, commercial, community, recreation and public utility; protecting sensitive areas, such as No Go areas and drinking water source protection area from inappropriate development; and

(d) providing for traditional law and culture.

4.42 Development in the Settlement Zone

4.42.1Site and Development Requirements:

(a) Proposed development is to comply with a Layout Plan prepared in accordance with State Planning Policy 3.2

Shire of Broome Local Planning Strategy (to be gazetted)

Secondary Centres

Secondary Centres are defined as sustainable communities which generally source potable water from their own bore, operate their own generators, utilise septic tanks and have their own waste management facilities. These centres are well connected and can access the goods, services and facilities provided within the principal centre.

Objectives:

To provide settlement service centres to surrounding land uses including rural living, pastoral and tourism.

To provide Secondary Centres supported by appropriate land, infrastructure, facilities and services to meet economic and community needs.

To allow for the expansion of identified Secondary Centres to create sustainable communities.

Strategies:

Plan and facilitate the development of secondary service centres in the settlements of Ardyaloon, Djarindjin/Lombadina, Beagle Bay and Bidyadanga of between 500 -1,000 people.

Develop a partnership between the Shire and the Department of Planning to consolidate layout plans for identified secondary service centres within this Strategy.

Burrguk and Budgarjook are not considered to be secondary centres under this strategy, however they may develop into one in the future, and should be considered in a future review of this strategy.

Identify future development areas and development investigation areas that provide for future expansion within secondary centres.

Actions:

Set out a Settlement zone within the local planning scheme and provide relevant provisions for Layout Plans to guide the development within Secondary Centres.

Update Layout Plans for Ardyaloon, Djarindjin/Lombadina and Bidyadanga in accordance with SPP 3.2.

Verify that sufficient residential land is identified within the revised Layout Plans to meet current and longer-term needs of the centres.

Liaise with the Commonwealth and State Government on the bilateral agreement to ensure service provision within Aboriginal communities is financially responsible and sustainable for generations to come.

Assist the WA Planning Commission through the Department of Planning to review the Layout Plans developed for Aboriginal communities as Development Strategies that form part of the Local Planning Strategy.

POLICY IMPLICATIONS

Nil

FINANCIAL IMPLICATIONS

Nil

STRATEGIC IMPLICATIONS

Nil

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

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

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

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

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

Council is able to mobilise resources to deliver municipal services to Indigenous communities that are compliant, effective and within Council’s capacity.

VOTING REQUIREMENTS

Simple Majority

Council Resolution:

(Report Recommendation)

Moved: Cr P Matsumoto Seconded: Cr M Manado

That Council:

1. Notes the proposed amendments to the Beagle Bay Layout Plan as detailed in Attachment 1; and

2. Authorises the Chief Executive Officer to write to the Department of Planning supporting the proposed amendments and to further express concern that the following matters have not been adequately addressed in the preparation of the Layout Plan, and to request that a revised Layout Plan be prepared to address the following:

a) The Layout Plan does not clearly delineate the settlement zone boundary which should reflect the areas where settlement has already occurred or where settlement is proposed to occur.

b) The following have not been adequately addressed within the Beagle Bay Layout Plan;

i. Environmental features including:

• Height of ground water table.

• Native vegetation mapping, including the identification of any threatened ecological communities or declared rare flora and fauna.

• A drainage map/strategy showing the main drainage features and key outlet and treatment points.

• Drinking water source protection areas for both existing and future water source locations.

• Soil mapping and identification of any potential acid sulphate soils.

• Identification of any potential contaminated sites.

• Flood risk and contour mapping in relation to entirety of Layout Plan area.

ii. Details of both current and future sites for telecommunication facilities within the community.

iii. Advice from the Water Corporation and Department of Health relating to the Waste Water Treatment Pond, detailing any upgrading or re-location required.

iv Update plan to show a future rubbish tip location and identify current site as a possible contaminated site.

v. Consideration be given to include commercial zoned land within proximity to SL- lots 455 & 555.

vi. An alternative site for the proposed cemetery to be provided to ensure mitigation of flood risk.

vii. Details of future power and water service provision to all future residential development lots to be included on amended plan.

viii. Location of all proposed access-roads.

ix. Provision for re-location of any essential service facility.

CARRIED UNANIMOUSLY 8/0

Attachments

1.	Beagle Bay Layout Plan
2.	Att 2
3.	Att 3

Minutes – Ordinary Meeting of Council 27 November 2014 Page 74 of 75

9.2.6 APPLICATION FOR VARIATION TO PLANNING APPROVAL AND PARKING WITHIN THE ROAD VERGE - LOT 50 (NO 950 AND LOT 2 AND 3 (NO 97) GUY STREET

LOCATION/ADDRESS: Nil

APPLICANT: Nil

FILE: GUY-1/95

AUTHOR: Planning Officer

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Director of Development Services

DISCLOSURE OF INTEREST: Nil

DATE OF REPORT: 17 November 2014

SUMMARY: An application has been received seeking approval to construct car parking bays in the road reserve in front of 95 and 97 Guy Street.

95 Guy Street was originally issued planning approval on 13 April 2004 and is occupied by Minshull Mechanical Repairs. 97 Guy Street was issued planning approval on 9 May 2007 and is now occupied by Clark Rubber, Blackwoods as well as other tenancies.

The application is referred to Council in accordance with Local Planning Policy 8.16 – Parking – Car, Motorcycle, Bicycle as the applicant seeks approval to construct parking in the road reserve.

The report recommends approval of the application subject to conditions.

BACKGROUND

Previous Considerations

OMC 13 April 2004 Item 9.2.4

Site and Surrounds

95 Guy Street is a 6253 m² property and 97 Guy Street measures 5500 m². The sites are located within the Light and Service Industry area. Constructed on 95 Guy Street is a number of buildings and the site is used as a Mechanical Workshop and a Wrecking Yard. 97 Guy Street has of two Industrial buildings which main tenancies are Clark Rubber and Blackwoods.

History

95 Guy Street was originally granted planning approval on 13 April 2004 for a Mechanical Workshop, Showroom, Wrecking Yard and Caretakers Dwelling. A number of the conditions of planning approval have not been satisfied, including installation of onsite car parking, sealing of the parking area, installation and maintenance of landscaping and construction and sealing of crossovers.

Particularly in relation to car parking, the conditions of approval required that 34 car parking bays be installed and a further condition read:

All parking must be on-site and not at all within the road reserve.

These conditions of planning approval have not been satisfied, the site is not provided with adequate car parking and the road reserve is being used for the parking of vehicles in association with this business.

Shire Officer’s meet with the applicant about the parking issue and as a result of discussions the proponent has submitted an application which seeks to allow for the formalisation of the car parking in the road reserve. This will address the non-compliance with parking requirements.

The application also proposes to formalise and install parking in front of 97 Guy Street. This site was issued with planning approval on 13 February 2007 and the development on site is compliant with the conditions of approval.

Proposal

The applicant has submitted a planning application which seeks approval to undertake the following:

· Approval to construct 41 car parking bays in the Guy Street road verge 25 of the bays in front off 95 Guy Street (Minshull Mechanical) and 16 car parking bays + 8 motor cycle bays in front of 97 Guy Street (Clark Rubber and Blackwoods), as shown in Attachment No 2.

· Install crossovers and on-site car parking.

· An amended site plan for 95 Guy Street (Minshull Mechanical) which proposes a new parking plan for the site, as shown in Attachment No 1.

Town Planning Scheme No 4

The subject sites are zoned ‘Light and Service Industry’ under the provisions of TPS4. The existing uses on site are ‘Mechanical Repair Workshop and Wrecking Yard’ and ‘Showroom’.

These uses within the ‘Light and Service Industry’ are a ‘P’ and ‘D’ use respectively.

Draft Local Planning Scheme No 6

The subject sites are proposed to be zoned ‘Light and Service Industry’ under LPS6.

A ‘Mechanical Repair Workshop and Wrecking Yard’ and ‘Showroom’ will be ‘D’ uses under the zoning table.

LPP 8.16 – Parking – Car, Motorcycle, Bicycle applies (LPP Parking). This policy sets out details pertaining to the provision of ‘off-site’ parking within the adjoining verge and on nearby properties. It also specifies the ratio of car parking bays to be provided based on ‘use class’.

LPP 8.10 – Parking, Storage, Crossover and Drainage Standards for Planning Applications (LPP Standards) sets out the standard of construction required for parking areas, storage areas verge parking and crossovers.

COMMENT

The 2004 approval for 95 Guy Street (Minshull Mechanical) required that 34 car parking bays be installed on the property. Only 16 parking bays are available on site and cars now are parked in the verge in front of the property. In terms of the Shire of Broome Parking and Parking Facilities Local Law 2012, parking on the verge is not permitted in the road verge unless that portion of the verge has been approved in writing by the local government as a parking area.

The applicant now seeks to install 41 car parking bays and 8 motor cycle bays within the Guy Street road verge, bringing the total amount of car parking bays to 65. This proposal however does not make provision for trees in the car park which will need to be incorporated to satisfy clause 5.7.4.1 (d) of LPS 6 which states that “landscaping in parking areas to reduce the impact of paved areas provide shade for and screening of vehicles at the rate of 1 tree per 6 spaces” and will need to be amended. If adequate provision for trees and landscaping are made a total number of 34 car parking bays and 8 motor cycle bays will be provided in the road verge bringing the total amount of car parking and motor cycle bays to 58. This does meet with the car parking requirements for the site as required in terms of the 2004 approval which is detailed in the table below:

Activity	Parking Rate	Parking Requirement
Workshop (10 service bays)	2/service bay	20
Parts Storage (99 m²)	1/50 m²	1.98
Showroom (146m²)	1/50 m²	2.92
Detailing /Spray Booth	2/service bay	4
Spray Booth Store (16 m²)	1/50 m²	0.32
Car Body Storage (1898 m²)	2 nominal	2
Office (23 m²)	1/30 m²	0.77
Caretakers Dwelling	2	2
Total		34

The table below indicates how parking will be provided in relation to 95 Guy Street (Minshull Mechanical) and the additional bays that would be formalised through this approval.

Parking provided on site and within the verge directly abutting 95 Guy Street.

(with embayment’s for shade trees)

bays

Adjoining road verge which are currently informally used for parking (with embayments for shade trees). The proposal will formalise the parking to comply with the Local Law.

13 car

Bays + 8 motor cycle bays.

Total number of parking bays

Bays

The new proposal ensures that adequate and safe parking can be provided while at the same time ensures that formalised parking is provided within the existing Guy Street road verge to Shire’s standard and with improved landscaping that provides shade. The new proposal will improve the streetscape of Guy Street and once installed would address the non-compliance with the planning approval for 95 Guy Street (Minshull Mechanical).

LPP 8.10 – Parking Standards establishes that car parking bays must be sealed within the exception of low trafficked areas. The applicant has proposed to seal the parking bays that are provided within the verge directly abutting the sites frontage. It is also recommended that the parking bays provided on 95 Guy Street (Minshull Mechanical) be sealed to meet Policy requirements and to satisfy the conditions of the 2004 planning approval issued for the site.

Based on the above it is recommended that the application be approved subject to a number of conditions. Given the long outstanding compliance issues, conditions of approval are recommended which establish timeframes for when conditions are to be submitted. This is critical to ensure delivery and tie in for the Shire of Broome’s construction of the footpath in front of the premises.

CONSULTATION

Nil

STATUTORY ENVIRONMENT

Planning and Development Act 2005

Shire of Broome Town Planning Scheme No 4

4.19 Light and Service Industry Zone

4.19.1 Aims and Objectives

4.19.1.1. The aim of the zone is to provide for light and service industries and associated uses which are compatible with residential uses.

4.19.1.2. Council's objectives will therefore be to:

(a) restrict the size and location of corner store/convenience shop in accordance with the Broome Local Commercial Strategy; and

(b) allow bulky retail/showroom in the Light and Service Industry zone as an ancillary land use; and

(c) restrict the size and location of caretaker dwelling accommodation in association with an industrial use on site.

4.19.2 Site and Development Requirements

4.19.2.1 Setbacks for all development in the Light and Service Industry zone shall have regard to the following:

(a) primary street - 9 metres; and

(b) secondary street - 4.5 metres; and

(c) side and rear - subject to the Building Code of Australia, and at least one of these setbacks shall be a minimum width of 6 metres to provide for adequate areas to incorporate service areas, storage, parking, manoeuvring and/or access ways.

4.19.2.2. A minimum 200m2 industrial shed shall be provided.

4.19.2.3. Landscaping shall be provided and maintained abutting the boundary of all street frontages, to a minimum depth of 3 metres from the boundary.

4.19.2.4. When considering proposals for retail and commercial land use and development in the form of corner store/convenience shop and showroom/bulky retail within the Light and Service Industry zone, Council will have regard to the Local Commercial Strategy.

4.19.2.5. Showrooms may be allowed, where the showroom is associated with another 'P' land use.

4.19.2.6. Offices may be allowed, where the office is associated with another 'P land use.

4.19.2.7. The storage and use of toxic and hazardous substances are required to comply with the requirements of relevant Legislation and Government Authorities.

4.19.2.8. Multiple Factory units may be developed on a lot. A multiple factory development may comprise a building or group of factory buildings. Each factory unit shall have regard to the following;

(a) a minimum floor area of 200m2; and

(b) a minimum of 4 car parking bays per unit; and

(c) service area for loading/unloading to each unit; and

(d) external storage area for each unit, which is accessible from the service area and/or access way; and

(e) all other requirements for setbacks, landscaping, and parking within a Light and Service Industry Zone shall also apply to the total lot area of a multiple factory development

Clause 10.2 Matters to be considered by Council:

The Council in considering an application for planning approval may have due regard to the following:

(a) the aims and provisions of this Scheme and any other relevant town planning Scheme(s) operating within the district;

(b) the Scheme Report - Local Planning Strategy;

(c) the requirements of orderly and proper planning including any relevant proposed new town planning Scheme that has been adopted by the Council pursuant to the Town Planning Regulations 1967;

(d) any approved Statement of Planning Policy of the Commission;

(e) any approved Environmental Protection Policy under the Environmental Protection Act 1986;

(f) any other policy or strategy of the Commission or any planning policy adopted by the Government of the State of Western Australia;

(g) any planning policy adopted by the Council under the provisions of clause2.5 of this Scheme, any heritage policy statement for any designated Heritage Area adopted under clause 7.2.2 of this Scheme, or any other plan or guideline adopted by the Council under the provisions of this Scheme;

(h) the conservation of any place on the Heritage List or character or appearance of a Heritage Area under the Aboriginal Heritage Act, 1972 and the Heritage Act of WA, 1990;

(i) any environmental consideration;

(j) whether the land to which that application relates is unsuitable for the proposal by reason of it being, or likely to be, subject to flooding, tidal, inundation, subsidence, landslip, bush fire or any other risk;

(k) the preservation of the amenity of the locality;

(l) the relationship of the proposal to development on adjoining land or on other land in the locality;

(m) whether the proposed means of access to and egress from the site are adequate and whether adequate provision has been made for the loading, unloading, manoeuvring and parking of vehicles;

(n) the amount of traffic likely to be generated by the proposal, particularly in relation to the capacity of the road system in the locality and the probable effect on traffic flow and safety;

(o) whether public transport services are necessary and, if so, whether they are available and adequate for the proposal;

(p) whether public utility services are available and adequate for the proposal;

(q) whether adequate provision has been made for access by disabled persons;

(r) whether adequate provision has been made for the landscaping of the land to which the planning application relates and whether any trees or other vegetation on the land should be preserved;

(s) whether the proposal is likely to cause soil erosion or land degradation;

(t) the potential loss of any community service or benefit resulting from the planning approval;

(u) any relevant submissions or objections received on the application.

(v) the comments or submissions received from any authority consulted under clause 10.1.1;

(w) the comments and submissions received from the representative aboriginal group and people on matters of heritage and cultural importance and Native Title;

(x) whether adequate provision is made for access for pedestrians and cyclists (including end of trip storage, toilet and shower facilities);

(y) any social issues which have an effect on the amenity of the locality;

(z) any other matter which in the opinion of the Council has planning relevance.

POLICY IMPLICATIONS

Local Planning Policy 8.16 – Parking - Car, Motorcycle, Bicycle

The application seeks approval to install car parking bays within the road reserve to meet the shortfall of car parking that is required to be provided on site. The Policy sets out under Section 2.0 – Provision of ‘Off-Site Parking’ that this can be entertained and that a minimum of 50% of the assessed car parking bays are to be provided on site. The amended approval which proposes 16 bays on site, does not satisfy this provision of the Policy as 17 bays should be provided on site to meet the 50%. Given that the shortfall is minimal (being one bay) and as the proposal would result in an overall improvement to the Guy Street streetscape, it is recommended that the variation is supported in this case.

The application satisfies all other policy provisions as the parking area would be conveniently located to the subject development, will be safe with pedestrian access being provided and customers and patrons can be reasonably expected to use the ‘off-site’ parking area.

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

The applicant is proposing to seal all car parking bays. This would meet with the standards established under this Policy. Conditions of approval recommended will further ensure compliance with this Policy.

FINANCIAL IMPLICATIONS

All costs associated with the upgrading and maintenance of the car parking area and landscaping will be borne by the applicant.

STRATEGIC IMPLICATIONS

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

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

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

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

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

VOTING REQUIREMENTS

Simple Majority

REPORT RECOMMENDATION:

That Council approves the application for an amendment to planning approval 2003/275 submitted by Warren and Charmaine Minshull and the provision of parking in the road verge in Guy Street be, subject to the following conditions:

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

Plans and Specifications –

P1 (Parking Plan with landscaping) and P2 (Site Plan 95 Guy Street), received at the Shire of Broome on 21 October 2014.

2. Prior to 1 March 2015, areas set aside parking on 97 Guy Street and the approved Guys Street verge parking plan must be:

a) Detailed in an Engineering Plan including existing finished levels, pavement type and drainage details incorporating landscaping amendments in conformance with Shire of Broome Car parking in road reserve standards.

b) Constructed to a minimum of prime and two coat standard bitumen seal, drained and curbed in accordance with the approval plan.

c) Fully drained to the requirements in accordance with the Shire of Broome's guidelines and specification.

d) Line marked and signed in accordance with AS 2890 (off street parking) except standard bay sizes to be 2.7m x 5.5m and disabled bays to be in accordance with AS/NZS2890.6:2009.

e) Be kept available for these purposes and at no time can be used for the storage or keeping of vehicles being wrecked.

2. Prior to 1 February 2015, a Landscaping Plan must be submitted to and approved by the Shire. For the purpose of this condition, a detailed Lanscaping Plan must be drawn to an appropriate scale and show the following:

a) The location and type of existing trees.

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

c) Any lawns to be established.

d) Any natural landscape areas to be retained.

e) Those areas to be reticulated or irrigated.

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

3. Landscaping of the site and Guy Street road reserve must be in accordance with the approved Landscaping Plan and must be completed prior to 30 June 2015 and then maintained at the applicants cost to the satisfaction of the Shire.

4. Prior to 1 March 2015, the vehicle crossover as shown on the approved site plan must be designed and constructed (sealed, brick paving, bitumen, concrete) to the Shire's standard crossover specification.

5. For works within the adjacent road verge, the proponent must:

a) Take out and maintain with an insurer, approved by the Shire, public liability insurance to the sum of not less than $10 million;

b) Prepare and register a notification under Section 70A of the Transfer of Land Act, in a form acceptable to the Shire, giving notice of the landowner(s) responsibility for maintenance of the verge(s), prior to 30 April 2014.

Cr H Tracey moved an alternative motion.

Cr C Mitchell seconded the motion

Cr P Matsumoto opposed the motion.

Debate ensued.

COUNCIL RESOLUTION:

Moved: Cr H Tracey Seconded: Cr C Mitchell

That Council

1. approves the application for an amendment to planning approval 2003/275 submitted by Warren and Charmaine Minshull and the provision of parking in the road verge in Guy Street be, subject to the following conditions:

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

Plans and Specifications –

P1 (Parking Plan with landscaping) and P2 (Site Plan 95 Guy Street), received at the Shire of Broome on 21 October 2014.

2. Prior to 1 March 2015, areas set aside parking on 97 Guy Street and the approved Guys Street verge parking plan must be:

b) Constructed to a minimum of prime and two coat standard bitumen seal, drained and curbed in accordance with the approval plan.

c) Fully drained to the requirements in accordance with the Shire of Broome's guidelines and specification.

d) Line marked and signed in accordance with AS 2890 (off street parking) except standard bay sizes to be 2.7m x 5.5m and disabled bays to be in accordance with AS/NZS2890.6:2009.

e) Be kept available for these purposes and at no time can be used for the storage or keeping of vehicles being wrecked.

3. Prior to 1 February 2015, a Landscaping Plan must be submitted to and approved by the Shire. For the purpose of this condition, a detailed Lanscaping Plan must be drawn to an appropriate scale and show the following:

a) The location and type of existing trees.

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

c) Any lawns to be established.

d) Any natural landscape areas to be retained.

e) Those areas to be reticulated or irrigated.

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

4. Landscaping of the site and Guy Street road reserve must be in accordance with the approved Landscaping Plan and must be completed prior to 30 June 2015 and then maintained at the applicants cost to the satisfaction of the Shire.

5. Prior to 1 March 2015, the vehicle crossover as shown on the approved site plan must be designed and constructed (sealed, brick paving, bitumen, concrete) to the Shire's standard crossover specification.

6. For works within the adjacent road verge, the proponent must:

a) Take out and maintain with an insurer, approved by the Shire, public liability insurance to the sum of not less than $10 million;

2. requests the Chief Executive Officer to conduct compliance inspections with regards to all buildings and activities on the site to ensure compliance with relevant legislation including the Building Code of Australia.

CARRIED 7/1

Cr P Matsumoto requested that all votes be recorded.

Voting

For the Motion: President G Campbell, Cr M Lewis, Cr D Male, Cr M Manado, Cr C Mitchell, Cr A Poelina and Cr H Tracey.

Against the Motion: Cr P Matsumoto.

Reason: To ensure compliance inspections are carried out.

Attachments

1.	Attachment No 1 - Parking Plan Guy Street (as submitted by the applicant)
2.	Attachment No 2 - Parking Plan Guy Street (showing areas required for shade trees)
3.	Attachment No 3 - New Site Plan (95 Guy Street)
4.	Attachment No 4 - Matters to be Considered TPS4

Minutes – Ordinary Meeting of Council 27 November 2014 Page 86 of 87

9.4.1 Monthly Financial Activity Report - October 2014

LOCATION/ADDRESS: Nil

APPLICANT: Nil

FILE: FRE02

AUTHOR: Senior Finance Officer

CONTRIBUTOR/S: Manager Financial Services

RESPONSIBLE OFFICER: Director Corporate Services

DISCLOSURE OF INTEREST: Nil

DATE OF REPORT: 7 October 2014

SUMMARY: Council is required by legislation to consider and adopt a Monthly Financial Activity Statement Report, and is provided same for the period ended 31 October 2014, as required by Regulation 34(1) of the Local Government (Financial Management) Regulations 1996.

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

BACKGROUND

Previous Considerations

Council is provided with the Monthly Financial Activity Report which has been developed in line with industry standards and is designed to provide Council with a holistic overview of the operations of the Shire of Broome.

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

COMMENT

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

Budget Year elapsed 33%

Total Rates Raised Revenue 100% (of which 70.12% has been paid)

Total Other Operating Revenue 68%

Total Operating Expenditure 29%

Total Capital Revenue 10%

Total Capital Expenditure 7%

Total Sale of Assets Revenue 3%

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

FORECASTS

Budget amendments were required this month as adopted by Council.

Based on the adopted “Annual Budget” 2014-2015 and the sum of all amendments, the predicted surplus as at 30 June 2015 will be $0. The results of the first quarter finance and costing review will be presented to Council in due course which may affect this forecast.

CONSULTATION

Nil

STATUTORY ENVIRONMENT

Local Government (Financial Management) Regulations 1996

34. Financial activity statement report — s. 6.4

1A) In this regulation —

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

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

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

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

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

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

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

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

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

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

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

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

a) according to nature and type classification;

b) by program; or

c) by business unit.

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

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

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.

(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 —

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

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

* Absolute majority required.

POLICY IMPLICATIONS

2.1.1 Materiality in Financial Reporting

FINANCIAL IMPLICATIONS

The adoption of the Monthly Financial Report is retrospective, and the utilisation of this information to direct the Chief Executive Officer would be prospective and subject to resolution.

Accordingly, the financial implications associated with adoption are Nil.

STRATEGIC IMPLICATIONS

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

Affordable and equitable services and infrastructure.

Affordable land for residential, industrial, commercial and community use.

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

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

An organisational culture that strives for service excellence.

Sustainable and integrated strategic and operational plans.

Responsible resource allocation.

Effective community engagement.

Retention and attraction of staff.

Improved systems, processes and compliance.

VOTING REQUIREMENTS

Simple Majority

Council Resolution:

(Report Recommendation)

Moved: Cr D Male Seconded: Cr A Poelina

That Council:

1. Adopts the Monthly Financial Activity Report for the period ended 31 October 2014 and;

2. Receives the General Fund Summary of Financial Activity (Schedules 2 – 14) for the period ended 31 October 2014.

CARRIED UNANIMOUSLY 8/0

Attachments

1.	October Financial Activity Statements

Minutes – Ordinary Meeting of Council 27 November 2014 Page 92 of 93

9.4.3 CAPE LEVEQUE ROAD: PARTIAL ROAD CLOSURE FOR 2014/2015 WET SEASON

LOCATION/ADDRESS: Broome Cape Leveque Road

APPLICANT: Nil

FILE: ENR01 - BRO-3/GEN

AUTHOR: Engineering Administration Officer

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Director of Engineering Services

DISCLOSURE OF INTEREST: Nil

DATE OF REPORT: 7 October 2014

SUMMARY: This report recommends closing the Broome - Cape Leveque Road to vehicles with a gross vehicle mass of 11 tonnes or more for the 2014/15 wet season, in accordance with regular practice.

BACKGROUND

Previous Considerations

OMC 23 November 2006 Item 9.5.1

OMC 18 December 2007 Item 9.5.1

OMC 25 September 2008 Item 9.5.1

OMC 20 November 2008 Item 9.5.1

OMC 29 October 2009 Item 9.5.2

OMC 28 October 2010 Item 9.4.3

OMC 24 November 2011 Item 9.5.2

OMC 29 November 2012 Item 9.4.6

OMC 21 November 2013 Item 9.4.4

COMMENT

STANDING GENERAL ROAD RESTRICTIONS

The Broome – Cape Leveque Road is a Network 2 Restricted Access Vehicle (RAV) permit route. This allows for B-double vehicle use, but vehicles of greater configuration than RAV 2 are permitted to travel on the road only under a written permit from the Shire.

This restriction applies all year round and was instigated due to concerns about the narrow nature of the pindan (unsealed) road width available, the cross-slope of the road surface, the amount of dust generated and the length of vehicles.

NORMAL WET SEASON RESTRICTIONS

Given the very difficult wet and boggy conditions created in wet weather on the 89km section of unsealed pindan on the Broome - Cape Leveque Road, Council has previously resolved to minimise the damage from traffic during the wet season by limiting the weight of vehicles through the imposition of a partial road closure. At times, it is also necessary to fully close the road to protect its serviceability. From previous experience, these measures have proven to be the best way to both maintain essential general community access and to prolong essential heavy vehicular access to the communities during the wet season.

Under the Local Government Act 1995, a partial road closure involves advertising the proposed closure, inviting and then considering any submissions received prior to a report to and a decision by Council. A copy of Council’s resolution to implement a partial road closure is forwarded to the Commissioner of Main Roads.

Recognised essential services operators are still able to deliver fuel and food supplies throughout the wet season under permit. In accordance with past practice, there are normally four (4) operators who have the current community contracts and would normally be granted these permits. These are Dean Wilson Transport, Fueltrans on behalf of BP, Toll Express and Caltex Energy.

The road is generally closed to other heavy vehicles, but it has been found on occasions that other companies will have essential business involving heavy transport and they have been permitted on the road under special conditions. This approval is determined by the Chief Executive Officer. It is recognised that activity on the peninsula is gradually increasing and that demand for travel during the wet season is also increasing.

During the wet season, the Shire’s Engineering Staff monitor rainfall via the Bureau of Meteorology Website and when warranted, inspections of the road are carried out. By this means, an assessment of the actual condition and driveability of the unsealed section of the road can be determined, advice provided to travellers and control exercised over heavy vehicle usage.

During very wet periods, the Broome - Cape Leveque Road and other unsealed roads may be subject to full closure at short notice.

COMMENT

A Partial Road Closure was publicly advertised for the Broome – Cape Leveque Rd for the period from 1 December 2014 to 31 March 2015. No (nil) public submissions were received in response to the advertisement.

The partial closure of the Broome-Cape Leveque Road to vehicles of 11 tonnes or more has proven successful in past wet seasons and Officers recommend that a partial road closure be implemented for the upcoming wet season.

CONSULTATION

An advertisement was placed in the Broome Advertiser on 2 October 2014 inviting submissions from the public.

STATUTORY ENVIRONMENT

Local Government Act, 1995 Section 1.7

1.7. Local public notice

(1) Where under this Act local public notice of a matter is required to be given, a notice of the matter is to be —

(a) published in a newspaper circulating generally throughout the district; and

(b) exhibited to the public on a notice board at the local government’s offices; and

(c) exhibited to the public on a notice board at every local government library in the district.

(2) Unless expressly stated otherwise it is sufficient if the notice is —

(a) published under subsection (1)(a) on at least one occasion; and

(b) exhibited under subsection (1)(b) and (c) for a reasonable time, being not less than —

(i) the time prescribed for the purposes of this paragraph; or

(ii) if no time is prescribed, 7 days.

[Section 1.7 amended by No. 64 of 1998 s. 18(3).]

Local Government Act, 1995 Section 3.50

Subdivision 5 — Certain provisions about thoroughfares

3.49. Repealed by No. 64 of 1998 s. 14(1).]

3.50. Closing certain thoroughfares to vehicles

(1) A local government may close any thoroughfare that it manages to the passage of vehicles, wholly or partially, for a period not exceeding 4 weeks.

(1a) A local government may, by local public notice, order that a thoroughfare that it manages is wholly or partially closed to the passage of vehicles for a period

exceeding 4 weeks.

(2) The order may limit the closure to vehicles of any class, to particular times, or to such other case or class of case as may be specified in the order and may contain exceptions.

(3) repealed]

(4) Before it makes an order wholly or partially closing a thoroughfare to the passage of vehicles for a period exceeding 4 weeks or continuing the closure of a thoroughfare, the local government is to —

(a) give local public notice of the proposed order giving details of the proposal, including the location of the thoroughfare and where, when, and why it would be closed, and inviting submissions from any person who wishes to make a submission;

(b) give written notice to each person who —

(i) is prescribed for the purposes of this section; or

(ii) owns land that is prescribed for the purposes of this section; and

(c) allow a reasonable time for submissions to be made and consider any submissions made.

(5) The local government is to send to the Commissioner of Main Roads appointed under the Main Roads Act 1930 a copy of the contents of the notice required by subsection (4)(a).

(6) An order under this section has effect according to its terms, but may be revoked by the local government, or by the Minister, by order of which local public notice is given.

[(7) repealed]

(8) If, under subsection (1), a thoroughfare is closed without giving local public notice, the local government is to give local public notice of the closure as soon as practicable after the thoroughfare is closed.

(9) The requirement in subsection (8) ceases to apply if the thoroughfare is reopened.

[Section 3.50 amended by No. 1 of 1998 s. 11; No. 64 of 1998 s. 15;

No. 49 of 2004 s. 26.]

3.50A. Partial closure of thoroughfare for repairs or maintenance

Despite section 3.50, a local government may partially and temporarily close a thoroughfare, without giving local public notice, if the closure —

(a) is for the purpose of carrying out repairs or maintenance; and

(b) is unlikely to have a significant adverse effect on users of the thoroughfare.

[Section 3.50A inserted by No. 64 of 1998 s. 16.]

Section 92 Road Traffic Act, 1974

92. Roads may be closed

(1) The Minister may, if he considers any road unsafe for public traffic, cause the same to be closed for such period as he considers necessary.

(2) A local government for a period of one month may exercise a similar power with regard to any road under its control, but the exercise of such power shall not extend beyond such period, except with the approval in writing of the Minister.

(3) No person shall drive, take, or use any vehicle on to or on any road while such road is closed under this section.

[Section 92 amended by No. 14 of 1996 s. 4.]

POLICY IMPLICATIONS

Nil

FINANCIAL IMPLICATIONS

Nil

STRATEGIC IMPLICATIONS

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

Effective communication.

Affordable services and initiatives to satisfy community need.

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

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

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

Affordable and equitable services and infrastructure.

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

Responsible resource allocation.

Effective community engagement.

VOTING REQUIREMENTS

Simple Majority

Council Resolution:

(Report Recommendation)

Moved: Cr C Mitchell Seconded: Cr P Matsumoto

That Council:

1. Partially closes the Broome - Cape Leveque Road to the passage of vehicles:

a. Of all classes of gross vehicle mass (GVM) 11 tonnes or more,

b. For the period from1 December 2014 to 31 March 2015,

c. From the end of the bitumen south of the Manari Road turn-off to the start of northern sealed section south of Beagle Bay;

2. That the Commissioner of Main Roads Western Australia be advised of this decision.

CARRIED UNANIMOUSLY 8/0

Attachments

1.	Public Notice - Partial road closure Cape Leveque Road

Minutes – Ordinary Meeting of Council 27 November 2014 Page 97 of 98

9.4.4 COUNCIL MEETING DATES 2015

LOCATION/ADDRESS: Nil

APPLICANT: Nil

FILE: AME01

AUTHOR: Council Secretary

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Director Corporate Services

DISCLOSURE OF INTEREST: Nil

DATE OF REPORT: 13 October 2014

SUMMARY: This report recommends that Council adopts the proposed meeting dates for the Ordinary Meetings of Council to be held in 2015 to enable advertising of such as required under the Local Government Act 1995.

BACKGROUND

Previous Considerations

OMC 21 December 2006 Item 9.1.4

OMC 25 October 2007 Item 9.1.4

OMC 20 November 2008 Item 9.1.2

OMC 1 October 2009 Item 9.1.2 (Deferred)

OMC 29 October 2009 Item 9.1.2

OMC 15 December 2010 Item 9.1.3

OMC 27 October 2011 Item 9.1.5

OMC 1 November 2012 Item 9.4.3

OMC 21 November 2013 Item 9.4.5

In accordance with Regulation 12(1) of the Local Government (Administration) Regulations 1996, local governments are to at least once a year provide local public notice of the date, time and location that their Ordinary meetings of Council are to be held within the next 12 months.

As a result, the Shire of Broome is required to advertise the meeting dates for its Ordinary Meetings of Council for 2015.

COMMENT

It is proposed that in 2015 Ordinary Council Meetings are to be held in the Shire of Broome Council Chambers on the last Thursday of every month commencing at 5.00pm.

It should be noted that the meeting of 24 September 2015 is scheduled to be held at an aboriginal community at a time to be determined, and the 17 December is to be held on the third Thursday due to Christmas. Further to this the October Council Meeting is proposed to be held prior to Local Government elections on the 15 October 2015.

Meeting dates for 2011, 2012, 2013 and 2014 provided for a recess in January which allowed for a total of 11 Ordinary Meetings of Council held over the calendar year. This recess period was a proven success which allowed staff and Councillors sufficient time off over the Christmas and school holiday period, and releases staff from the early January Agenda preparation cycle necessary to hold a January meeting.

Please note the following 11 meeting dates are proposed for the Ordinary Meetings of Council for 2015.

January 2015 Recess

26 February 2015

26 March 2015

30 April 2015

28 May 2015

25 June 2015

30 July 2015

27 August 2015

24 September 2015 (Lombadina – 11.00am)

15 October 2015

26 November 2015

17 December 2015

These dates are included in the attached proposed meeting schedule and calendar and have taken into consideration the following significant dates:

North West Expo	9 to 10 May
Local Government Convention & Trade Exhibition	5 to 7 August
Ladies Day	11 August
Broome Cup	15 August
Shinju Matsuri Festival	28 August to 6 September
Local Government Ordinary Election	17 October

In previous years one Ordinary Meeting of Council has been held at a Community within the Shire of Broome, as follows:

OMC 2 September 2009 Beagle Bay

OMC 2 September 2010 Ardyaloon

OMC 1 September 2011 Lombadina

OMC 6 September 2012 Bidyadanga

OMC 19 September 2013 Beagle Bay

OMC 25 September 2014 Ardyaloon

For 2015, it is proposed to hold a meeting at the Lombadina Aboriginal Community, at 11.00am, in the Communities Conference Room. This facility has been tentatively booked for the holding of this meeting as proposed.

CONSULTATION

Lombadina Community – the Community have advised that the meeting can be held in the Communities Conference Room.

STATUTORY ENVIRONMENT

Local Government Act 1995

5.3. Ordinary and special council meetings

(1) A council is to hold ordinary meetings and may hold special meetings.

(2) Ordinary meetings are to be held not more than 3 months apart.

(3) If a council fails to meet as required by subsection (2) the CEO is to notify the Minister of that failure.

5.25. Regulations about council and committee meetings and committees

(1) Without limiting the generality of section 9.59, regulations may make provision in relation to:

(g) the giving of public notice of the date and agenda for council or committee meetings;

Local Government (Administration) Regulations 1996

12. Public notice of council or committee meetings — s.5.25(1)(g)

(1) At least once each year a local government is to give local public notice of the dates on which and the time and place at which —

(a) the ordinary council meetings; and

(b) the committee meetings that are required under the Act to be open to members of the public or that are proposed to be open to members of the public,

are to be held in the next 12 months.

(2) A local government is to give local public notice of any change to the date, time or place of a meeting referred to in sub-regulation (1).

(3) Subject to sub-regulation (4), if a special meeting of a council is to be open to members of the public then the local government is to give local public notice of the date, time, place and purpose of the special meeting.

(4) If a special meeting of a council is to be open to members of the public but, in the CEO’s opinion, it is not practicable to give local public notice of the matters referred to in sub-regulation (3), then the local government is to give public notice of the date, time, place and purpose of the special meeting in the manner and to the extent that, in the CEO’s opinion, is practicable.

POLICY IMPLICATIONS

Nil

FINANCIAL IMPLICATIONS

In accordance with regulation 12(1) of the Local Government (Administration) Regulations 1996 an advertisement will be placed in the Broome Advertiser. Approximate cost for the advertising of Ordinary Meeting dates will be $500 and this has been included in the 2014/2015 Budget under A/c No. 142100.

STRATEGIC IMPLICATIONS

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

Effective communication.

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

Effective community engagement.

Improved systems, processes and compliance.

VOTING REQUIREMENTS

Simple Majority

Council Resolution:

(Report Recommendation)

Moved: Cr C Mitchell Seconded: Cr H Tracey

That Council:

1. Adopt the following Ordinary Council Meeting dates for 2015 commencing at 5.00pm at the Shire of Broome Council Chambers, with the exception of 24 September 2015 which is to be held at Lombadina at 11.00am in the Lombadina Communities Conference room:

January (Recess)

26 February 2015

26 March 2015

30 April 2015

28 May 2015

25 June 2015

30 July 2015

27 August 2015

24 September 2015 (Lombadina – 11.00am)

15 October 2015

26 November 2015

17 December 2015

2. Writes to Lombadina Aboriginal Community confirming that the September 2015 Ordinary Meeting of Council will be held at the Lombadina Communities Conference Room at 11.00am on 24 September 2015.

CARRIED UNANIMOUSLY 8/0

Attachments

1.	2015 Meeting Schedule
2.	Council Meeting Schedule for 2015

Minutes – Ordinary Meeting of Council 27 November 2014 Page 101 of 102

9.4.5 APPOINTMENT TO COMMITTEES AND WORKING GROUPS

LOCATION/ADDRESS: Nil

APPLICANT: Nil

FILE: ARE01, PLA01

AUTHOR: Manager Governance

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Director Corporate Services

DISCLOSURE OF INTEREST: Nil

DATE OF REPORT: 13 November 2014

SUMMARY: Following the resignation of Cr Bloom on 16 October 2014, Council is required to consider representation on various Council Committees, Working Groups and external Committees.

Correspondence has also been received from the Kimberley Zone of WALGA seeking a representative on the Social Licence to Operate and Invest in the Kimberley Working Group.

BACKGROUND

Previous Considerations

OMC 24 May 2005 Item 9.4.7

OMC 22 November 2007 Item 9.4.4

OMC 26 November 2009 Item 9.4.3

OMC 27 October 2011 Item 9.1.3

OMC 21 February 2013 Item 9.2.12 (JDAP)

OMC 21 November 2013 Item 9.4.6

As advised at the Ordinary Meeting of Council held 23 October 2014 following Cr Bloom’s resignation, her representation on a number of Committee and Working Groups ceased. Council are therefore required to determine new appointees.

In accordance with section 5.10(1)(a) of the Local Government Act 1995 these appointments must be carried by an Absolute Majority.

Further to this, in a letter dated 13 November 2014 the Kimberley Zone of WALGA requested a representative from the Shire of Broome to be a delegate on the Social Licence to Operate and Invest in the Kimberley Working Group. A copy of this correspondence is attached.

COMMENT

As requested by Council a workshop was held on Tuesday 11 November 2014 to fairly and equitably distribute the Committee workload. Councillors Campbell, Mitchell, Male and Manado were in attendance.

In summary the following changes are proposed:

Audit Committee

Cr Manado to replace Cr Bloom as a Deputy on this Committee.

Community Sponsorship Assessment Working Group

Cr Campbell to replace Cr Bloom as a Deputy on this Committee.

Events Review Working Group

Cr Male to replace Cr Bloom as a Member on this Committee and the Terms of Reference for this Committee to be amended to require only one Deputy.

Jetty to Jetty Working Group

Cr Mitchell to replace Cr Bloom as a Member on this Committee, and Cr Lewis to replace Cr Mitchell as Deputy.

Broome Visitors Centre Board

Cr Tracey to replace Cr Bloom as a Deputy on this Board.

Broome WALGA Roadwise

Cr Matsumoto to be appointed as Proxy on this Committee.

Economic Development Advisory Group

Cr Tracey to replace Cr Bloom as a Member on this Committee and Crs Male and Mitchell be appointed as Deputies. The Terms of Reference for this Committee are to be amended to include two Deputies.

Kimberley Regional Road Group

Cr Mitchell to replace Cr Bloom as Deputy on this Committee.

Kimberley Zone of WALGA and Kimberley Regional Collaborative Group

Cr Campbell to replace Cr Poelina as Deputy on this Committee.

Yawuru Park Council

Cr Manado to replace Cr Bloom as a Member on this Committee and Cr Tracey to replace Cr Manado as Deputy.

Litter Prevention Working Group

Cr Matsumoto to replace Cr Bloom as a Member on this Committee.

Joint Development Assessment Panel (JDAP)

Cr Mitchell to replace Cr Bloom as a Member, and Cr Tracey to replace Cr Mitchell as an Alternate Member.

The proposed changes to the Joint Development Assessment Panel (JDAP) Membership will require the nominations to be submitted to the Minister for Planning for consideration. It should be noted that the current Membership term expires on 25 April 2015.

There are no proposed changes to any other Committee appointments. The attached tables summarise the changes above and details Councillor representation on Committees, including the proposed changes.

Kimberley Zone of WALGA Working Group

The purpose of this Working Group is to:

“provide advice to the Kimberley Zone of WALGA on Social Licence matters including but not limited to:

1. Advice and guidance to the Kimberley Zone of WALGA and other partners on developing guidelines for proponents preparing social impact management plans.

2. Advice and guidance to the Kimberley Zone of WALGA and other partners on developing options to facilitate development and economic sustainability in the immediate and short term.

3. Advice and guidance to the Kimberley Zone of WALGA and other partners on developing options to facilitate Regulation and Approvals.

4. The formulation of strategic partnerships aimed at ensuring sustained and managed economic growth.”

Councillors are requested to consider representation on this Committee.

CONSULTATION

Nil

STATUTORY ENVIRONMENT

Local Government Act 1995

Subdivision 2 – Committees and their meetings

5.9. Committees, types of

(1) In this section —

other person means a person who is not a council member or an employee.

(2) A committee is to comprise —

(a) council members only; or

(b) council members and employees; or

(c) council members, employees and other persons; or

(d) council members and other persons; or

(e) employees and other persons; or

(f) other persons only.

5.10. Committee members, appointment of

(1) A committee is to have as its members —

(a) persons appointed* by the local government to be members of the committee (other than those referred to in paragraph (b)); and

(b) persons who are appointed to be members of the committee under subsection (4) or (5).

* Absolute majority required.

(2) At any given time each council member is entitled to be a member of at least one committee referred to in section 5.9(2)(a) or (b) and if a council member nominates himself or herself to be a member of such a committee or committees, the local government is to include that council member in the persons appointed under subsection (1)(a) to at least one of those committees as the local government decides.

(3) Section 52 of the Interpretation Act 1984 applies to appointments of committee members other than those appointed under subsection (4) or (5) but any power exercised under section 52(1) of that Act can only be exercised on the decision of an absolute majority of the local government.

(4) If at a meeting of the council a local government is to make an appointment to a committee that has or could have a council member as a member and the mayor or president informs the local government of his or her wish to be a member of the committee, the local government is to appoint the mayor or president to be a member of the committee.

(5) If at a meeting of the council a local government is to make an appointment to a committee that has or will have an employee as a member and the CEO informs the local government of his or her wish —

(a) to be a member of the committee; or

(b) that a representative of the CEO be a member of the committee,

the local government is to appoint the CEO or the CEO’s representative, as the case may be, to be a member of the committee.

5.11A. Deputy committee members

(1) The local government may appoint* a person to be a deputy of a member of a committee and may terminate such an appointment* at any time.

* Absolute majority required.

(2) A person who is appointed as a deputy of a member of a committee is to be —

(a) if the member of the committee is a council member — a council member; or

(b) if the member of the committee is an employee — an employee; or

(c) if the member of the committee is not a council member or an employee — a person who is not a council member or an employee; or

(d) if the member of the committee is a person appointed under section 5.10(5) — a person nominated by the CEO.

(3) A deputy of a member of a committee may perform the functions of the member when the member is unable to do so by reason of illness, absence or other cause.

(4) A deputy of a member of a committee, while acting as a member, has all the functions of and all the protection given to a member.

[Section 5.11A inserted by No. 17 of 2009 s. 20.]

5.11. Committee membership, tenure of

(1) Where a person is appointed as a member of a committee under section 5.10(4) or (5), the person’s membership of the committee continues until —

(a) the person no longer holds the office by virtue of which the person became a member, or is no longer the CEO, or the CEO’s representative, as the case may be; or

(b) the person resigns from membership of the committee; or

(c) the committee is disbanded; or

(d) the next ordinary elections day,

whichever happens first.

(2) Where a person is appointed as a member of a committee other than under section 5.10(4) or (5), the person’s membership of the committee continues until —

(a) the term of the person’s appointment as a committee member expires; or

(b) the local government removes the person from the office of committee member or the office of committee member otherwise becomes vacant; or

(c) the committee is disbanded; or

(d) the next ordinary elections day,

whichever happens first.

Planning and Development Act 2005

Part 11A – Development Assessment Panels and development control

Division 1 – Functions of DAPs

171A. Prescribed development applications, DAP to determine and regulations for

(1) In this section —

planning instrument means —

(a) a planning scheme; or

(b) an interim development order;

prescribed development application means —

(a) a development application of a class or kind prescribed for the purposes of subsection (2)(a); or

(b) a development application of a class or kind prescribed for the purposes of subsection (2)(ba) in respect of which an applicant has made an election in accordance with regulations made under subsection (2)(ba)(i);

(2) The Governor may make regulations —

(a) providing that, despite any other provision of this Act or a planning instrument, a development application of a class or kind prescribed for the purposes of this paragraph —

(i) must be determined by a DAP as if the DAP were the responsible authority under the relevant planning instrument in relation to the development; and

(ii) cannot be determined by a local government or the Commission;

(ba) providing that, despite any other provision of this Act or a planning instrument, if —

(i) an applicant for approval of development elects in accordance with the prescribed procedure to have a development application determined by a DAP; and

(ii) the development application is of a class or kind prescribed by the regulations for the purposes of this paragraph,

the development application —

(iii) must be determined by a DAP as if the DAP were the responsible authority under the relevant planning instrument in relation to the development; and

(iv) cannot be determined by a local government or the Commission;

(b) providing for the duties and responsibilities of local governments and the Commission in relation to prescribed development applications;

(c) providing for the procedures for dealing with prescribed development applications;

(d) providing for the application of the provisions of this Act and planning instruments in relation to prescribed development applications;

(e) providing for the procedures to be followed by, and powers of, a DAP when determining a prescribed development application;

(f) providing for the effect of a determination of a prescribed development application;

(g) providing for the notification of a determination of a prescribed development application;

(h) providing for the review of a determination of a prescribed development application.

(3) Unless otherwise provided under regulations made for the purposes of subsection (2) —

(a) a determination by a DAP of a prescribed development application; and

(b) a failure by a DAP to make a determination of a prescribed development application,

is to be regarded as, and has effect as if it were, a determination or failure of the responsible authority to which the application was made.

[Section 171A inserted by No. 28 of 2010 s. 43.]

171B. DAP to carry out delegated functions

(1) In addition to the functions conferred on it by regulations made under section 171A, a DAP is to perform the functions that are delegated to it by a responsible authority in accordance with regulations made under subsection (2).

(2) The Governor may make regulations —

(a) prescribing the functions under this Act or a planning scheme that may be delegated by a responsible authority to a DAP; and

(b) making provision in relation to the making and effect of the delegation of functions by a responsible authority to a DAP.

[Section 171B inserted by No. 28 of 2010 s. 43.]

Division 2 — Development Assessment Panels: establishment and administration

[Heading inserted by No. 28 of 2010 s. 43.]

171C. Establishment of DAPs

(1) The Minister may, by order published in the Gazette, establish —

(a) a LDAP for a district;

(b) a JDAP for 2 or more districts.

(2) The order must give the DAP a name.

(3) A JDAP cannot be established for a district for which a LDAP is established.

(4) A LDAP cannot be established for a district for which a JDAP is established.

(5) If a JDAP is established for 2 or more districts, the districts need not be contiguous.

(6) The Minister may revoke or amend an order made under subsection (1) by further order published in the Gazette.

(7) The regulations may prescribe transitional provisions in relation to the revocation or amendment of an order under this section.

[Section 171C inserted by No. 28 of 2010 s. 43.]

171D. Constitution, procedure and conduct of DAPs

(1) The Governor may make regulations prescribing all matters that are required or permitted by this Act to be prescribed, or that are necessary or convenient to be prescribed, for the establishment and functioning of DAPs.

(2) Without limiting subsection (1), regulations may be made about the constitution, procedure and conduct of DAPs, including but not limited to regulations about the following —

(a) the total number of persons who are to be on a DAP;

(b) the qualifications to be held by each person on a DAP;

(c) the procedure to be followed for nominating and appointing DAP members;

(d) the remuneration and allowances payable to DAP members;

(e) the term of office of DAP members;

(f) the removal of DAP members;

(g) compiling and maintaining a register of persons who are eligible to be DAP members;

(h) the paid training of persons appointed to be DAP members;

(i) procedures at DAP meetings;

(j) the conduct of DAP members.

(3) The qualifications to be held by a person on a DAP may be specified in the regulations by reference to one or more of these —

(a) an office or position;

(b) an educational qualification;

(c) a type or level of knowledge;

(d) a type or level of experience.

[Section 171D inserted by No. 28 of 2010 s. 43.]

171E. Administration and costs of DAPs

(1) The Governor may make regulations about —

(a) the administration of DAPs; and

(b) the payment of the costs and expenses of DAPs.

(2) Without limiting subsection (1), regulations may be made —

(a) about the staffing, facilities and services that are to be provided to DAPs by the chief executive officer or by local governments; and

(b) about the access of the Minister to information in the possession of a DAP; and

(c) about reporting requirements in relation to —

(i) directions under the regulations; and

(ii) expenditure in relation to DAPs; and

(iii) determinations by DAPs; and

(iv) any other matter specified in the regulations.

(3) A local government must comply with a direction given and requirements prescribed under subsection (2).

[Section 171E inserted by No. 28 of 2010 s. 43.]

171F. Review of regulations

(1) An appropriate Standing Committee of the Legislative Council is to carry out a review of the operation and effectiveness of all regulations made under this Part as soon as practicable after the expiry of 2 years from the day on which regulations made under this Part first come into operation.

(2) The Standing Committee is to prepare a report based on the review and, as soon as practicable after the report is prepared, is to cause the report to be laid before each House of Parliament.

[Section 171F inserted by No. 28 of 2010 s. 43.]

Planning and Development (Development Assessment Panels) Regulations 2011

Division 1 – DAP Members

25. JDAP members

(1) The members of a JDAP, at any meeting of the JDAP to determine or otherwise deal with a development application or an application to amend or cancel a determination of the JDAP, are —

(a) the 2 local government members included on the local government register as representatives of the relevant local government in relation to the development application; and

(b) 3 persons appointed to the JDAP as specialist members.

(2) In subregulation (1)(a) —

relevant local government, in relation to a development application, means the local government of the district in which the land to which the development application relates is situated.

(3) The specialist members must be appointed in writing by the Minister.

(4) Regulation 37 applies to the appointment of specialist members.

26. JDAP local government member register

(1) The Minister must cause to be established and maintained a register of local government members of JDAPs.

(2) Subject to subregulation (4), the register must include the names of 2 members of the council of each local government of a district for which a JDAP is established.

(3) Whenever it is necessary to include a member of a council of a local government on a local government register under subregulation (2), the Minister must —

(a) in writing, request the local government to nominate a member of the council of the local government for inclusion on the register; and

(b) unless subregulation (4) applies, include on the register the name of the person nominated.

(4) If, within 40 days after the date on which the Minister makes a request under subregulation (3) or such longer period as the Minister may allow, the local government fails to nominate a person for inclusion on the local government register in accordance with the request, the Minister may include on the register as a representative of the local government a person who —

(a) is an eligible voter of the district of the local government; and

(b) the Minister considers has relevant knowledge or experience that will enable that person to represent the interests of the local community of that district.

(5) For the purposes of subregulation (4)(a) a person is an eligible voter of a district if that person is eligible under the Local Government Act 1995 section 4.29 or 4.30 to be enrolled to vote at elections for the district.

POLICY IMPLICATIONS

Policy 1.5.1 – Yawuru Park Council Representation

FINANCIAL IMPLICATIONS

At the time of writing this report it is unknown whether there are any financial implications relating to the Social Licence to Operate and Invest in the Kimberley Working Group.

STRATEGIC IMPLICATIONS

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

Effective communication

Affordable services and initiatives to satisfy community need

Accessible and safe community spaces

Participation in recreational activity

A healthy and safe environment

High level social capital that increases community capacity

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

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

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

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

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

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

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

Affordable and equitable services and infrastructure

Affordable land for residential, industrial, commercial and community use

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

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

An organisational culture that strives for service excellence

Sustainable and integrated strategic and operational plans

Effective community engagement

Improved systems, processes and compliance

VOTING REQUIREMENTS

Absolute Majority

REPORT RECOMMENDATION:

That Council:

1. Appoints:

(a) Cr Manado as a Deputy on the Audit Committee.

(b) Cr Campbell as a Deputy on the Community Sponsorship Assessment Working Group.

(c) Cr Male as a Member on the Events Review Working Group, and amend the Terms of Reference for this Committee to require only one Deputy Council Member.

(d) Cr Mitchell as a Member on the Jetty to Jetty Working Group and Cr Lewis as a Deputy.

(e) Cr Tracey as a Deputy on the Broome Visitors Centre Board.

(f) Cr Matsumoto as a Proxy to the Broome WALGA Roadwise Committee.

(g) Cr Tracey as a Member on the Economic Development Advisory Group and Cr Male and Cr Mitchell as Deputies. The Terms of Reference for this Committee are to be amended to include two Deputy Council Members.

(h) Cr Mitchell as a Deputy on the Kimberley Regional Road Group.

(i) Cr Campbell as a Deputy on the Kimberley Zone of WALGA and Kimberley Regional Collaborative Group.

(j) Cr Manado as a Member on the Yawuru Park Council and Cr Tracey as a Deputy.

(k) Cr Matsumoto as a Member on the Litter Prevention Working Group.

2. Nominates Cr Mitchell as a Development Assessment Panel Member and Cr Tracey as an Alternate Development Assessment Panel Member for the term expiring 25 April 2015.

3. Requests the Chief Executive Officer to write to the Minister for Planning submitting the nominations for the Development Assessment Panel.

4. Notes the Committees and Working Groups Terms of Reference Booklet will be updated accordingly.

5. Appoints Cr_____________________ as a representative on the Social Licence to Operate and Invest in the Kimberley Working Group and requests the Chief Executive Officer to advise the Kimberley Zone of WALGA accordingly.

Council Resolution:

Moved: Cr M Manado Seconded: Cr C Mitchell

That Council:

1. Appoints:

(a) Cr Manado as a Deputy on the Audit Committee.

(b) Cr Campbell as a Deputy on the Community Sponsorship Assessment Working Group.

(c) Cr Male as a Member on the Events Review Working Group, and amend the Terms of Reference for this Committee to require only one Deputy Council Member.

(d) Cr Mitchell as a Member on the Jetty to Jetty Working Group and Cr Lewis as a Deputy.

(e) Cr Tracey as a Deputy on the Broome Visitors Centre Board.

(f) Cr Matsumoto as a Proxy to the Broome WALGA Roadwise Committee.

(h) Cr Mitchell as a Deputy on the Kimberley Regional Road Group.

(i) Cr Campbell as a Deputy on the Kimberley Zone of WALGA and Kimberley Regional Collaborative Group.

(j) Cr Manado as a Member on the Yawuru Park Council and Cr Tracey as a Deputy.

(k) Cr Matsumoto as a Member on the Litter Prevention Working Group.

2. Nominates Cr Mitchell as a Development Assessment Panel Member and Cr Tracey as an Alternate Development Assessment Panel Member for the term expiring 25 April 2015.

3. Requests the Chief Executive Officer to write to the Minister for Planning submitting the nominations for the Development Assessment Panel.

4. Notes the Committees and Working Groups Terms of Reference Booklet will be updated accordingly.

5. Appoints Cr A Poelina as a representative and Cr H Tracey as Deputy on the Social Licence to Operate and Invest in the Kimberley Working Group and requests the Chief Executive Officer to advise the Kimberley Zone of WALGA accordingly.

CARRIED UNANIMOUSLY BY ABSOLUTE MAJORITY 8/0

Attachments

1.	Kimberley Zone of WALGA letter
2.	Committee Structure 2014

Minutes – Ordinary Meeting of Council 27 November 2014 Page 112 of 113

9.4.6 ADDITIONAL WORK WITH REGARDS TO SHORELINE STABILITY ASSESSMENT FOR COASTAL VULNERABILITY STUDY IN THE TOWNSITE OF BROOME

LOCATION/ADDRESS: Nil

APPLICANT: Nil

FILE: ENV07

AUTHOR: Director of Development Services

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Director of Development Services

DISCLOSURE OF INTEREST: Nil

DATE OF REPORT: 18 November 2014

SUMMARY:

In July 2013 Council awarded a contract to Cardno for the development of a Coastal Vulnerability Study. In considering the peer review of the final draft report it became apparent that additional data is available which could improve the accuracy of the shoreline stability assessment.

Officers considered advice received from LGIS and recommend that Council amend the 14/15 budget to allow for the purchase of the additional data and work to be undertaken to ensure the assessment considers a longer timeframe of shoreline stability.

BACKGROUND

Previous Considerations

OMC 18 July 2013 Item 9.2.2.

Council in July 2013 accepted a tender from Cardno to undertake a Coastal Vulnerability Study for the Townsite of Broome. The contract required detail modelling to be undertaken as included in the tender specifications and included the following components:

1. Storm surge assessment: Developing a model regarding storm surge impacts on peak water level as a result of tide, storm surge and wave set-up.

2. Shoreline sediment assessment: modelling of shoreline erosion and movement to provide an assessment of shoreline changes.

3. Hydraulic assessment: Surface water run-off and volumes from stormwater management considering surface water and tidal interactions in relation to flooding.

4. Hydro-geological assessment: Interaction of surface water and ground water including gaining information about the salt water wedge.

Please note that in accordance with the accepted Contract the Shire is responsible for the purchase of additional data where data is not available for free.

COMMENT

Cardno has undertaken the majority of the work required to complete the Coastal Vulnerability study for the Townsite of Broome. The draft Final report was presented to the Shire and other State Departments in October for final review. Officers from the Department of Transport raised concerns that the modelling undertaken for the shoreline stability report only included historical evidence since the year 2000.

Cardno advised that the aerial photography back to 1965 can be obtained from Landgate, however this would incur an additional cost and as per the contract the Shire would have to purchase this data. Officers requested Cardno to provide quotes for the additional information / work required. The quote outlines that the additional work and data would cost $14,450 excl GST.

In order to undertake a risk assessment for not completing this additional work, officers discussed the concerns raised in the comments with LGIS. Staff from LGIS advised that the peer review was extremely important when adopting policies to ensure public liability risk is minimised. They further advised that policies which are not based on best practice (including peer review) or did not adequately include the information available at the time may create a future liability risk to Council.

When applying the Shire of Broome’s risk management matrix the probability of erosion from storms and coastal processes are ‘Likely’, and the potential impact on infrastructure or property, may be more than $4million therefore ‘Critical’. Accordingly the risk associated with the processes included in the Shoreline Stability Assessment is seen as ‘Extreme’.

Considering the potential risk and the relatively minimal additional cost associated with completing the additional work, officers recommend that Council amend the budget to allow the additional work to be undertaken.

CONSULTATION

Nil

STATUTORY ENVIRONMENT

Nil

POLICY IMPLICATIONS

The additional data and work required to improve the shoreline stability assessment will considerably reduce the risk of liability to Council when formulating a planning policy based on this modelling.

FINANCIAL IMPLICATIONS

Account 105546 – Job 105555 – Project – Coastal Vulnerability Study – Op Exp – Prot Envirn is budgeted for $500,000 expenditure in 2014/15.

Account 105400 Development Grants Rec'd - Op Inc - Protection of Environment – is budgeted for $500,000 income from the Northern Planning Fund grant.

When setting the budget for 2014/15 it was expected that the Coastal Vulnerability Study for the Townsite of Broome (CVS 1) would be completed by the end of June 2014 and therefore only the Coastal Vulnerability Study for the rest of the Shire (CVS 2) was included into the budget.

Unfortunately due to delays in modelling and extensive peer review the CVS 1 project was not completed by 1 July 2014 and neither was all grant funding received. Additionally the tender for CVS 2 was not awarded and the project is now likely to run over into 2015/16 financial year. Accordingly it is very likely that not all $500,000 will be spent nor received during the 2014/15 budget.

Council originally budgeted for $300,000 excluding GST for CVS 1. The table below provides an overview of the project cost for CVS 1. Accordingly some additional costs were incurred to date on data purchases and associated additional modelling:

Budget Item	Exc. GST
Contract	$ 281,420
Additional Lidar data	$ 12,650
Project Management fees	$ 3,900
Additional Hydraulic data modelling	$ 6,000
Total Committed to date	$ 303,970

The following table sets out the details of the additional cost proposed above and the total cost for CVS 1 should this additional work be supported:

Shoreline Stability project management	$ 6,850
Landgate Images	$ 7,600
Total Project Cost	$ 322,720

Accordingly the project would effectively cost $22,720 more than originally budgeted and would require municipal contribution of $52,720 instead of $30,000. As the additional cost will see the total project costs go over $10,000 over the original budget, the proposal requires reporting to Council on this variance and therefore requires Councils consideration to allocate additional funds to this project.

Should Council support this request it is recommended that the following accounts be amended as follows to reflect this additional cost and to reflect that only part of CVS 2 is likely to be undertaken during 14/15:

Account 105546 – Job 105555 – Project – Coastal Vulnerability Study – Op Exp – Prot Envirn to be amended to $285,000 expenditure in 2014/15. This provides for $200,000 for CVS 2 and $85,000 for CVS 1

Account 105400 Development Grants Rec'd - Op Inc - Protection of Environment – is budgeted for $270,000 income from the Northern Planning Fund grant. This provides for $200,000 for CVS 2 and $70,000 for CVS 1.