Minutes of Ordinary Meeting - Thursday, 26 May 2022

Minutes – Ordinary Council Meeting 26 May 2022 Page 1 of 2

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

HELD IN THE Council Chambers, Corner Weld and Haas Streets, Broome, ON Thursday 26 May 2022, COMMENCING AT 5:00PM.

The Chairperson welcomed Councillors, officers and members of the public and declared the meeting open at 5:02pm.

ATTENDANCE

Councillors:	Cr H Tracey	Shire President (Via eMeeting)
	Cr D Male	Deputy Shire President - Chair
	Cr C Mitchell
	Cr B Rudeforth
	Cr P Taylor
	Cr N Wevers

Apologies:	Cr P Matsumoto


Leave of Absence:	Cr E Foy	Approved at item 6


Officers:	Mr S Mastrolembo	Chief Executive Officer
	Mr J Hall	Director Infrastructure
	Mr J Watt	Director Corporate Services
	Mr K Williams	Director Development Services
	Mr D Kennedy	Manager Governance, Strategy and Risk (via eMeeting)
	Mr G McKnight	Marketing & Communications Coordinator
	Miss K Cookson	Senior Administration & Governance Officer

Media:	T Thompson-Fuller	ABC
	C Andrews	Seven West

Public Gallery:	E McLennon
	F O’Connor
	C Andrews
	J Laing
	T Sibosado
	J Healy
	K Martin
	P Collins
	M Cosson

3. Announcements By President Without Discussion

Nil.

4. Declarations Of Interest

FINANCIAL INTERESTS (s5.60A)
Councillor	Item No	Item	Nature of Interest
Cr H Tracey	9.2.3	Development Application – Alfresco Dining within the Road Reserve	Owner of building company that is completing this project

INDIRECT FINANCIAL INTERESTS (s5.61)
Councillor	Item No	Item	Nature of Interest
Cr P Taylor	9.3.2	Lease Disposal – Tenancy 3 – 1 Hamersley Street Broome	My employer has a financial relationship with the applicant

IMPARTIALITY
Councillor	Item No	Item	Nature of Interest
Cr C Mitchell	9.1.1	Annual Community Matched Funding Program 21-22	President of Broome Lions Club, Coordinates wildlife rescue organisation that looks after marine turtles and Club Secretary of Broome Men’s Shed

5. Public Question Time

No public questions.

6. Applications for Leave of Absence

Council Resolution:

Minute No. C/0522/027

Moved: Cr B Rudeforth Seconded: Cr P Taylor

That Council grant Cr E Foy a Leave of Absence from Councillor duties inclusive of 26 May 2022 through to 27 May 2022.

CARRIED UNANIMOUSLY 6/0

7. Confirmation Of Minutes

Council Resolution:

Minute No. C/0522/028

Moved: Cr N Wevers Seconded: Cr C Mitchell

That the Minutes of the Ordinary Meeting of Council held on 28 April 2022, as published and circulated, be confirmed as a true and accurate record of that meeting.

CARRIED UNANIMOUSLY 6/0

Council Resolution:

Minute No. C/0522/029

Moved: Cr B Rudeforth Seconded: Cr N Wevers

That the Minutes of the Special Meeting of Council held on 12 May 2022, as published and circulated, be confirmed as a true and accurate record of that meeting.

CARRIED UNANIMOUSLY 6/0

8. Presentations / Petitions / Deputations

A deputation was provided to Council by Edward Wilkinson, Chairperson of the Broome Community Resource Centre in relation to item 9.3.2 Lease Disposal – Tenancy 3 – 1 Hamersley Street, Broome (Reserve 38458).

A deputation was provided to Council by Jaimie Laing from Little Wildflower in relation to item 9.3.3 Little Wildflower – Trading in Public Places Application.

9. Reports From Officers

Council Resolution:

Minute No. C/0522/030

Moved: Cr C Mitchell Seconded: Cr N Wevers

MOVE ITEMS OF BUSINESS

That Council:

1. Move item 9.3.2 Lease Disposal - Tenancy 3 - 1 Hamersley Street Broome (Reserve 38458) for Broome Community Resource Centre and item 9.3.3 Little Wild Flower - Trading In Public Places Application in order of business in front of item 9.1.1.

2. Move item 9.2.3 Development Application - Alfresco Dining Within the Road Reserve after 9.4.4.

3. Note the reason for moving the item is to improve continuity of the meeting proceedings.

CARRIED UNANIMOUSLY 6/0

Cr P Taylor declared a Indirect Financial Interest in Item 9.3.2, the reason being “My employer has a financial relationship with the applicant”.

Cr P Taylor left the Chambers at 5:30pm.

9.3.2 LEASE DISPOSAL - TENANCY 3 - 1 HAMERSLEY STREET BROOME (RESERVE 38458) FOR BROOME COMMUNITY RESOURCE CENTRE

LOCATION/ADDRESS: (Reserve 38458), Tenancy 3, 1 Hamersley Street, Broome at The Broome Visitor Centre Complex

APPLICANT: Nil

FILE: LSS122

AUTHOR: Senior Property and Leasing Officer

CONTRIBUTOR/S: Manager Engineering

RESPONSIBLE OFFICER: Director Infrastructure

DISCLOSURE OF INTEREST: Nil

SUMMARY: Council is requested to consider lease options for Tenancy 3 in the building known as the “Broome Visitor Centre” located at 1 Hamersley Street (Reserve 38458), Broome, which is currently leased in part to the Broome Tourist Bureau Inc.

BACKGROUND

Previous Considerations

OMC 19 December 2013 Item 9.2.10

OMC 14 February 2008 Item 11.1

OMC 18 December 2007 Item 9.4.9

The “Broome Visitor Centre” (BVC) comprises the building on Reserve 38458 located at 1 Hamersley Street, Broome. The building comprises several tenancies of which Tenancy 3 is currently vacant.

Figure 1BVC Tenancies

The last occupant in Tenancy 3 was the Courthouse Collection who leased the premise from 15 January 2007 through to 14 April 2020, the tenancy has been vacant since that time.

COMMENT

Shire officers were approached by Broome Community Resource Centre (CRC) in November 2021 expressing interest in leasing Tenancy 3, 1 Hamersley Street. The CRC advised Shire officers that their current lease located at 40 Dampier Terrace was due to expire July 2022. Following the approach Shire officers met and worked with the CRC on potential leasing terms of Tenancy 3.

On 4 April 2022, the Shire received a finalised lease proposal from Broome Community Resource Centre (CRC) summarising business requirements, proposed internal fit outs, and leasing terms. The proposal is included in Attachment 1

The CRC’s main business operations are to provide business services (internet/ computer access), conference rooms for in house clients, hire rooms for meetings, and a training room for course work and classes. The CRC believe Tenancy 3 to be a suitable location to carry out their business purpose.

Shire officers see that entering into a new lease with CRC at tenancy 3 would also be beneficial to the Broome Visitor Centre as it would attract more visitation and foot traffic to the area. Therefore, officers believe the co-location of CRC and the Broome Visitors Centre to be complimentary.

The key terms of the proposed lease with CRC are outlined in the table below:

RENT AND CURRENT MARKET CONDITIONS

The lease of the premise to the CRC will be a Commercial Lease regardless of the CRC operating as a Non-for-profit organisation. In line with the Shire’s approach to other Commercial Leases Shire officers are proposing rent be set in accordance with current market conditions. As such a valuation was sought from Opteon solutions on 17 November 2021 and market rent determined at $34,743 per annum (plus GST) or approximately $325 per square meter.

Following the initial five year term the market rent would be re-evaluated should the five year option be utilised.

Lease Commencement Date	1 June 2022
Premises	Broome Visitor Centre, Tenancy 3 1 Hamersley Street, Broome
Occupant	Broome Community Resource Centre
Lease Area	106.9 sqm
Term	Five years
Further term / Options	Five years by mutual agreement of both parties
Current Rent	NIL
Proposed Rent*	$34,743 per annum (plus GST) ($325 per sqm)
Estimated Annual Outgoings **	$21,318.00 Note: This is based on a comparative floor space of 17.25% multiplied by the current total variable outgoings for the building. This is inclusive of electricity charges which are through one power meter to the BVC.
Landlord Works	Not applicable

*Based on Opteon Property Group Tenancy 3, 1 Hamersley Street, Broome valuation report.

** Based on current financial years budget

The tenant would be responsible for the fit out and are requesting a sixty (60) day rent abatement period be provided at the commencement of the lease.

CONSULTATION

Broome Community Resource Centre

Broome Visitor Centre

Opteon Property Group

STATUTORY ENVIRONMENT

Local Government Act 1995

Section 3.58 - Disposal of Property

Land Administration Act 1997 WA

Ministerial consent is required to lease reserve land under section 18.

POLICY IMPLICATIONS

NIL

FINANCIAL IMPLICATIONS

The Shire would receive income from the Lease rent of $34,750 per annum.

The Shire has expended $4,180.00 to date on legal expenses associated with the preparation of the lease which will not be recouped from the tenant.

RISK

Should the new lease not be supported by the Council, there is a risk the tenants would seek alternate office accommodation, and the Shire would forgo the rental income while the property remained vacant. If this were to eventuate the Shire would still be required to pay 17.25% of the variable outgoings of Tenancy 3 estimated at $21,318.00 per year.

Current estimated letting periods for this tenancy are up to 6 months and potentially longer with the risk of COVID-19 impacting new tenancies. Risk can be mitigated by entering into a new lease with CRC for a 5-year term.

STRATEGIC IMPLICATIONS

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

Outcome Nine – A strong, diverse and inclusive economy where all can participate:

9.4 Support business growth, innovation and entrepreneurship.

VOTING REQUIREMENTS

Absolute Majority

Council Resolution:

(Report Recommendation) Minute No. C/0522/031

Moved: Cr B Rudeforth Seconded: Cr N Wevers

That Council:

1. In accordance with section 30(2)(b) of the Local Government (Functions and General) Regulations, agrees to Lease tenancy 3 at the Broome Visitor Centre, 1 Hamersley Street, Broome, to Broome Community Resource Centre.

2. Authorises the Chief Executive Officer to seek Ministerial approval and negotiate the final terms and conditions of the lease in line with:

a) A new lease to be entered into for a term of five years commencing on 1 June 2022;

b) A five year option to extend the lease at the mutual agreement of the Shire and the Broome Community Resource Centre;

c) A sixty-day rent-free period to complete tenancy fit out;

d) Gross rent to be set in line with the independent market valuation;

e) Rental increases to be set annual CPI (Perth All Groups June Quarter);

f) The lessee to be responsible for paying variable outgoings.

3. Requests the Chief Executive Officer to advertise the disposition of property in accordance with s3.58 of the Local Government Act 1995 for Disposing of Property.

CARRIED UNANIMOUSLY BY ABSOLUTE MAJORITY 5/0

Attachments

Attachment 1- CRC Lease Proposal (Confidential to Councillors and Directors Only)

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

Attachment 2- Broome Visitor Centre, Tenancy 3 - Valuation Report (Confidential to Councillors and Directors Only)

This attachment is confidential in accordance with section 5.23(2) of the Local Government Act 1995 section 5.23(2)((e)(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 Council Meeting 26 May 2022 Page 1 of 2

Cr P Taylor returned to the Chambers at 5:37pm.

The Chief Executive Officer advised that a Revised Report Recommendation has been circulated to Councillors prior to the meeting. Amendments have been made to the license expiry date to extend it until after the peak tourist season.

There was also a typographical error within the Report Recommendation which has been corrected administratively.

9.3.3 LITTLE WILD FLOWER - TRADING IN PUBLIC PLACES APPLICATION

LOCATION/ADDRESS: Nil

APPLICANT: Jaimie Laing

FILE: HEA001

AUTHOR: Environmental Health Officer

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Director Development Services

DISCLOSURE OF INTEREST: Nil

SUMMARY:

The Shire has received an application for a licence to trade in a public place from Jaimie Laing trading as the Little Wild Flower Pop Up Picnics. The trading activity is proposed to utilise land at Cable Beach Reserve, Town Beach Reserve, Gantheaume Point and the grassed foreshore in front of Moonlight Bay Suites. This report provides an overview of the application for Council’s consideration.

BACKGROUND

Previous Considerations

OMC 31 May 2018 Item 9.1.3

The Shire has received an application to trade in a public place from Jaimie Laing (Applicant) trading as the Little Wild Flower Pop Up Picnics. Little Wildflower Pop Up Picnics was previously approved under a different licensee at Ordinary Council Meeting 31 May 2018 with a licence expiry date of 30 June 2021. The trading licence was transferred to the Applicant in August 2019.

Little Wildflower Pop Up Picnics is a small scale picnic business that offers packages where food and drinks are provided by the applicant through their registered food business. Each booking has a running time from 2.5 to 4 hours. All setting up and packing down of the picnic setting is undertaken by the Applicant. Picnics are pre-booked with the Applicant and set up with pallet tables, ground covers, décor and crockery (see Attachments 1 & 2). The business also offers ticketed picnic events where attendees are not known to each other.

The licence was previously approved for a maximum of 20 customers, with no more than one picnic to be held in each of the approved locations at any one time. The applicant seeks to increase the number of patrons to a maximum of 30 patrons at each picnic. The applicant seeks to be able to hold multiple picnics at any one time at each of the proposed locations. Previously, food and drinks were provided by the guests but the applicant now seeks to provide full catering to the picnics. Alcohol will not be provided but the patrons are encouraged to BYO alcoholic beverages. The applicant seeks the additional trading locations of the Gantheaume Point and the grassed foreshore in front of Moonlight Bay Suites.

COMMENT

Cable Beach Foreshore

This is an existing trading node in the Shire’s Trading in Public Places Policy (the Policy) and the undertaking of trading activities in this area is consistent with the Cable Beach Foreshore Master Plan. This proposed location is on the grassed area north of the surf club and was previously approved for this picnic business (see Attachment 3). The proposed changes are hosting a maximum of 30 guests at any one time, providing food and beverages to customers and being able to host multiple picnics at any one time at this location.

It is recommended that the trading location be moved 20m north on the grassed foreshore so that it falls inside a bookable space on the Shire’s SpacetoCo website (see Attachment 4). The Applicant has expressed that they do not want to operate inside this bookable spaces because it causes uncertainty and prevents the business from being able to operate freely. It is also recommended that no more than one picnic be able to be hosted at any one time.

Cable Beach

The applicant seeks to trade on the section of beach at the bottom of the stairs adjacent the Cable Beach public toilet block and this location was previously approved (see Attachment 5). The proposed changes are hosting a maximum of 30 guests at any one time, providing food and beverages to customers and being able to host multiple picnics at one time at this location.

It is recommended that this trading location is moved north so that it falls inside a bookable space on the Shire’s SpacetoCo website (see Attachment 6). The Applicant has expressed that they do not want to operate inside this bookable spaces because it causes uncertainty and prevents the business from being able to operate freely. It is also recommended that no more than one picnic be able to be hosted at any one time.

Schedule 1 of the Trading Policy contains specific provisions regulating trading activities on Cable Beach. In accordance with subclause 2 in Schedule 1, trading licences will only be issued on Cable Beach:

· for trading activities which support and are directly related to the recreational use and enjoyment of Cable Beach and its adjacent waters; and

· for the section of Cable Beach:

(a) between a point formed by the westerly prolongation of Murray Road to the low water mark and a point located 500 metres north of the vehicle entry ramp adjacent to the Broome Surf Club; and

(b) between the high and low water mark.

It is arguable that Little Wildflower Pop Up Picnics will support and is directly related to the recreational use and enjoyment of Cable Beach. The trading location on the beach is within the section of Cable Beach specified in Schedule 1 of the Trading Policy.

Schedule 1 also states that a maximum of six trading licences will be granted for trading activities on Cable Beach. Currently, there are two trading licences issued for the area of Cable Beach specified in Schedule 1 of the Trading Policy, for the Beach Hut and Ultimate Watersports. There are also three camel licences operating on Cable Beach, however these fall north of the zone specified in the policy. Therefore, the issuing of this licence will not result in more than 6 trading licences being issued for Cable Beach.

Town Beach Reserve

Town Beach Reserve is an existing trading node in the Policy and the undertaking of trading activities in this area is consistent with the current use of this area for markets and events. The applicant seeks to trade in the northern section of the Town Beach Foreshore Reserve (see Attachments 7) and this location was previously approved for this picnic business. The proposed changes are hosting a maximum of 30 guests at any one time, providing food and beverages to customers and being able to host multiple picnics at one time at this location. It is recommended that no more than one picnic be able to be hosted at any one time.

Moonlight Bay Apartments Foreshore

The Applicant seeks to trade on the grassed foreshore in front of Moonlight Bay Suites (the Hotel) and this location is not an existing node within the policy and is not proposed as a node in the revised policy currently out for public consultation (see Attachment 8). The Shire and the applicant has consulted with Moonlight Bay Suites and Matso’s Broome Brewery who do not have any objections to picnics being held at this location, subject to some operational conditions. The suggested conditions were noise being kept to a minimum and picnics ceasing at 9pm so as to not disturb patrons of the hotel. It is also suggested that the Applicant provide reasonable notification of the proposed picnic dates to the hotel.

It is recommended that no more than one picnic be able to be held at any one time at this location. Patrons must also have access to the adjacent carpark and toilets for the duration of each picnic or the permit will be cancelled at this location.

Gantheaume Point

The applicant seeks to trade on Gantheaume Point Beach, approximately 60m past the no vehicle access sign (see Attachment 9). This location is not an existing node within the current policy and is not proposed as a node in the revised policy currently out for public consultation.

This location is not recommended to be approved as there is no access to toilets at this location for the patrons. The nearest public toilets are approximately 1.5km away and are operated by the Department of Biodiversity, Conservation and Attractions. Access to toilets has not been addressed in the application.

Vehicle Access

The Applicant will need to obtain a permit from the Shire’s Chief Executive officer in accordance with the Control of Vehicles (Off Road Areas) Act 1960 to undertake the trading activity on Cable Beach, as the applicant proposes to drive a vehicle onto the beach to set up a picnic and then again to pack up after it has finished.

Consumption of Alcohol

It is proposed that patrons of the picnics will be responsible for bringing their own alcoholic drinks which will be served by the applicant. As a result, the Applicant will be required to apply for approval to consume alcohol on Shire property in accordance with the Shire’s Local Government Property and Public Places Local Law 2016, and ensure that all guests adhere to the conditions of this approval, so that alcohol is consumed responsibly at the picnics.

CONSULTATION

Consultation was undertaken with Moonlight Bay Apartments and Matso’s Broome Brewery during the preparation of this report.

STATUTORY ENVIRONMENT

Trading, Outdoor Dining and Street Entertainment Local Law 2016;

Food Act 2008.

POLICY IMPLICATIONS

The application has been assessed by Shire Officers against the Trading Local Law and Trading Policy, and has been found to comply with the relevant provisions of both. A 12 month permit has been recommended as the Cable Beach Usage Policy is being finalised and may have implications for trading activities on Cable Beach. A 12 month permit will provide the ability to review the trading location at Gantheaume Point and Cable Beach.

FINANCIAL IMPLICATIONS

Should Council approve a Trading Licence for the Little Wild Flower Pop Up Picnics, an annual high-risk trading licence fee will be payable by the applicant. An application fee of $335.00 has already been submitted, and an annual licence fee will be collected in accordance with Council’s adopted fees and charges.

RISK

Risks associated with the business are to be managed by the Applicant. The Applicant has submitted a risk management plan to mitigate potential risks associated with the activity. As part of the terms of the trading licence, the licensee is required to obtain public liability insurance to the value of $10,000,000 ($10 million) prior to the commencement of trading.

Considering these mitigation measures, the risk to the Shire in approving a trading licence for the Little Wild Flower Pop Up Picnics is considered Low.

There is a risk if the Shire of Broome were to refuse the application that the decision may be challenged in the State Administrative Tribunal. The risk of this occurring should the Shire refuse the application, given that the application complies overall with the Trading Local Law and Trading Policy is considered Moderate.

STRATEGIC ASPIRATIONS

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

Outcome Nine – A strong, diverse and inclusive economy where all can participate:

9.2 Activate the precincts of Broome.

VOTING REQUIREMENTS

Simple Majority

REPORT RECOMMENDATION:

That Council:

1. Approves the application for a Trading in Public Place Licence received from Jaimie Laing to operate Little Wild Flower Pop Up Picnics at Cable Beach (Reserve 53070), the grassed area between Zanders and the Surf Club (Cable Beach Foreshore Reserve 36477), Town Beach (Reserve 31340) and grassed foreshore in front of Moonlight Bay Apartments:

a) in accordance with the application received on 30 March 2022; and

b) subject to modification by the conditions specified in point 2 below.

2. Authorises the Chief Executive Officer to issue the Trading in a Public Place Licence to Jaimie Laing in accordance with clauses 2.3.1 and 2.4 of the Trading, Outdoor Dining and Street Entertainment Local Law 2016 and subject to the following conditions:

a) The licence expiry date is 31 October 2023.

b) The licence holder shall be subject to an annual Trading Licence fee as set by Council. The licence may be cancelled should the fee not be paid within the time set out on the invoice.

c) All necessary statutory approvals for all aspects of the operation must be obtained and maintained.

d) The licence holder must ensure that public liability insurance cover is in place for the trading activity to the value of $10,000,000 ($10 million) at all times.

e) The trading activity must occur in the areas shown on the attached plans (Attachments 4, 6, 7, & 8). Trading locations may be subject to change to align with the Shire’s current bookable spaces.

f) The licensee must immediately comply with any lawful direction given at any time by the Chief Executive Officer of the Shire of Broome or his or her delegate, or an Authorised Officer, including the Shire of Broome Rangers.

g) The licensee must maintain and adhere to, during the period of the licence, all procedures, policies, licences and accreditation outlined in the licence application and allow Shire officers, at any time, to inspect and verify the use and currency of those procedures, policies, licences and accreditation.

h) The licensee must at all times comply with the requirements of all relevant legislation.

i) The licensee must, at the conclusion of each picnic, remove any refuse and litter associated with the operation of the trading activity and ensure the site is left in a clean and safe condition. No waste or litter may be disposed of in any public space rubbish or recycling bins.

j) All business-related equipment must be removed at the end of each picnic.

k) A maximum of 30 customers are permitted per picnic.

l) The only trading activities permitted on the area approved by this licence is for pop up picnics.

m) The area to be used for each picnic is limited to a maximum of 10m x 10m.

n) No more than one picnic to be held in any of the approved locations at any one time.

o) The picnic area can only be set up for the maximum of 4 hours and it is not to be permanently sectioned off from use by the public.

p) The licensee must book the location via the Shire’s SpacetoCo website, to ensure that bookings do not coincide with events being held in the approved locations. Excessive bookings by the applicant that are not cancelled within a reasonable timeframe will be considered grounds to cancel the trading permit.

q) The licensee must have a valid permit issued by the Shire’s Chief Executive Officer in accordance with the Control of Vehicles (Off Road Areas) Act 1960 to drive a vehicle to the approved Cable Beach trading location. The licensee must at all times comply with the requirements of the Act.

r) The licence conditions may be altered at any time to include prohibition of alcohol at certain trading locations and any other conditions required by a policy set by Council.

s) The licensee must apply annually for approval to consume alcohol on Shire property under the Shire’s Local Government Property and Public Places Local Law 2016 to allow picnic guests to consume BYO alcohol as part of the trading activity. The licensee is responsible for ensuring all guests adhere to the conditions of the approval to consume alcohol on Shire property, and ensure that the responsible consumption of alcohol is practiced.

t) Picnics taking place at the foreshore in front of Moonlight Bay Apartments must cease at 9pm. Reasonable notification of the proposed dates for picnics must be provided to Moonlight Bay Apartments. Patrons must have access to toilets and carpark at this location at all times.

Cr Male moved an Amendment to the Officer Recommendation.

Council Resolution:

Minute No. C/0522/032

Moved: Cr D Male Seconded: Cr H Tracey

That Council:

a. in accordance with the application received on 30 March 2022; and

b. subject to modification by the conditions specified in point 2 below.

a. The licence expiry date is 31 October 2025.

b. The licence holder shall be subject to an annual Trading Licence fee as set by Council. The licence may be cancelled should the fee not be paid within the time set out on the invoice.

c. All necessary statutory approvals for all aspects of the operation must be obtained and maintained.

d. The licence holder must ensure that public liability insurance cover is in place for the trading activity to the value of $10,000,000 ($10 million) at all times.

e. The trading activity must occur in the areas shown on the attached plans (Attachments 4, 6, 7, & 8). Trading locations may be subject to change to align with the Shire’s current bookable spaces.

f. The licensee must immediately comply with any lawful direction given at any time by the Chief Executive Officer of the Shire of Broome or his or her delegate, or an Authorised Officer, including the Shire of Broome Rangers.

g. The licensee must maintain and adhere to, during the period of the licence, all procedures, policies, licences and accreditation outlined in the licence application and allow Shire officers, at any time, to inspect and verify the use and currency of those procedures, policies, licences and accreditation.

h. The licensee must at all times comply with the requirements of all relevant legislation.

i. The licensee must, at the conclusion of each picnic, remove any refuse and litter associated with the operation of the trading activity and ensure the site is left in a clean and safe condition. No waste or litter may be disposed of in any public space rubbish or recycling bins.

j. All business-related equipment must be removed at the end of each picnic.

k. Multiple picnics may occur subject to a maximum of 30 patrons per approved location at any one time.

l. The only trading activities permitted on the area approved by this licence is for pop up picnics.

m. Each approved area is limited to a maximum of 10m x 10m.

n. The picnic area can only be set up for the maximum of 4 hours and it is not to be permanently sectioned off from use by the public.

o. The licensee must have a valid permit issued by the Shire’s Chief Executive Officer in accordance with the Control of Vehicles (Off Road Areas) Act 1960 to drive a vehicle to the approved Cable Beach trading location. The licensee must at all times comply with the requirements of the Act.

p. The licence conditions may be altered at any time to include prohibition of alcohol at certain trading locations and any other conditions required by a policy set by Council.

q. The licensee must apply annually for approval to consume alcohol on Shire property under the Shire’s Local Government Property and Public Places Local Law 2016 to allow picnic guests to consume BYO alcohol as part of the trading activity. The licensee is responsible for ensuring all guests adhere to the conditions of the approval to consume alcohol on Shire property, and ensure that the responsible consumption of alcohol is practiced.

r. Picnics taking place at the foreshore in front of Moonlight Bay Apartments must cease at 9pm. Reasonable notification of the proposed dates for picnics must be provided to Moonlight Bay Apartments. Patrons must have access to toilets and carpark at this location at all times.

CARRIED UNANIMOUSLY 6/0

Reason: To enable Little Wildflower to continue to trade with certainty from a site on Cable Beach separate from the public bookable space areas.

Attachments

1.	Little Wild Flower Pop Up Picnics Application (Confidential to Councillors and Directors Only) This attachment is confidential in accordance with section 5.23(2) of the Local Government Act 1995 section 5.23(2)((e)(iii)) as it contains “a matter that if disclosed, would reveal information about the business, professional, commercial or financial affairs of a person, where the information is held by, or is about, a person other than the local government”.
2.	Little Wild Flower Pop Up Picnics Photos
3.	Proposed Cable Beach Foreshore Trading Location
4.	Revised Cable Beach Foreshore Trading Location
5.	Proposed Cable Beach Trading Location
6.	Revised Cable Beach Trading Location
7.	Proposed Town Beach Trading Location
8.	Proposed Grassed Foreshore in Front of Moonlight Bay Apartments Trading Location
9.	Proposed Gantheaume Point Trading Location

Minutes – Ordinary Council Meeting 26 May 2022 Page 1 of 2

9.1 People

Cr C Mitchell declared a Impartiality Interest in Item 9.1.1, the reason being “President of Broome Lions Club, Coordinates wildlife rescue organisation that looks after marine turtles and Club Secretary of Broome Men’s Shed”. Cr C Mitchell has made written declaration that he will consider the matter on its merits and vote accordingly.

The Chief Executive Officer advised that the Report Recommendation contained a typographical error. This has been amended and the reflected in the minutes.

9.1.1 ANNUAL COMMUNITY MATCHED FUNDING PROGRAM 2021-22

LOCATION/ADDRESS: Nil

APPLICANT: Nil

FILE: FIS06

AUTHOR: Youth and Community Development Officer

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Chief Executive Officer

DISCLOSURE OF INTEREST: Nil

SUMMARY: The Community Sponsorship Assessment Working Group (CSAWG) held a workshop on 2 May 2022 to consider applications for funding in accordance with the Annual Community Matched Funding Program 2021-22.

This report presents the recommendations of the CSAWG and requests Council approves those recommendations and amends the 2021-22 Annual Budget in accordance with Council Policy.

BACKGROUND

Previous Considerations

OMC 27 May 2021 Item 9.1.1

OMC 18 November 2021 Item 9.4.4

The CSAWG is a formal working group established by Council to assess community sponsorship applications and make recommendations to Council for the funding of applications.

The members of this working group are Cr Male, Cr Mitchell, Cr Matsumoto, Cr Taylor and Cr Rudeforth, with other Elected Members as proxies, upon request by the members.

At the Ordinary Council Meeting held 27 May 2021, Council requested that a CSAWG workshop be held to review the Program Objectives, Guidelines, Application Form, and advertising period for the 2021-22 round of the Annual Community Matched Funding Program.

The CSAWG workshop was held on 17 August 2021, with the changes below endorsed at the Ordinary Council Meeting held 18 November 2021 as part of the Council Policy Reviews:

- The policy was updated to make it clear that recipients of ad hoc sponsorship are not precluded from applying for Annual Community Matched Funding

- The criteria to provide audited financial statements was also removed as this was onerous relative to the size of the maximum amount of support being provided

The Annual Community Matched Funding Program 2021-22 provides funds to assist community-based organisations within the Shire of Broome for the development of social, cultural, economic, recreational, environmental, and reconciliation projects and initiatives that benefit the local community.

The Annual Community Matched Funding Program 2021-22 consists of two (2) funding sources with total funding of $129,929 (ex GST) available as outlined below:

· Shire of Broome - Community Sponsorship Program: $70,000

· Energy Developments Limited - West Kimberley Community Fund: $59,929

The Annual Community Matched Funding Program is available for projects occurring between June 2022 and June 2023, with up to $10,000 available per application, to a maximum of 50% of total project costs.

Organisations may be successful for multiple applications (maximum of three) in a three-year period providing the total amount received does not exceed $10,000.

Projects are prioritised where the applicant has satisfactorily addressed the community sponsorship guidelines and met all relevant criteria. However, recommendation for funding is discretionary based on the assessment of the CSAWG, with the final endorsement of funding allocations made by Shire Council.

Energy Developments Limited - West Kimberley Community Fund

In 2011, the Shire of Broome and Energy Development Limited (EDL) signed a Memorandum of Understanding (MOU) agreement that expires in 2026.

The MOU agreement outlined that the Shire would receive $400,000 as part of the EDL West Kimberley Community Fund to drive community wellbeing in the West Kimberley through support to not-for-profit, community driven projects or activities.

Projects or activities supported by the EDL West Kimberley Community Fund need to be consistent with the following principles:

· Support social cohesion, inclusiveness, equal opportunity and the wellbeing of the community

· Support long term development

· Be genuinely community driven initiatives

· Address community needs in the towns located within the Shire of Broome

The EDL West Kimberley Community Fund has been administered through the Annual Community Matched Funding Program. Following the CSAWG review of funding applications EDL are contacted with recommended projects that are consistent with their principles. Funding for these recommended projects is dependent on EDL approval.

COMMENT

The 2021-22 Annual Community Matched Funding Program was open for applications between 5 February 2022 and 6 April 2022. A total of fifteen (15) applications were received, requesting a total of $111,057. A summary of the applications received is included in the attached spreadsheet (Attachment 1).

A workshop was held with the CSAWG on 2 May 2022 to assess the applications received in accordance with the funding guidelines. The workshop was attended by Cr Male, Cr Mitchell and Cr Taylor.

Following review and consideration of applications, the CSAWG resolved to recommend Council allocate $57,502 of the available funding from the Shire’s Community Sponsorship Program to the successful applicants, with the following balances recommended for transfer to the Community Sponsorship Reserves:

- Shire of Broome Community Sponsorship Reserve: $12,498

- Energy Developments Limited Sponsorship Reserve: $59,929

The CSAWG recommendations, and additional comments, are shown in the graphs below.

Organisation	Initiative	Amount Requested	Amount Recommended
Broome Aboriginal Media Association	2022 Kullarri NAIDOC Festival · Applicant applied and was successful for funding through the Events Development Funding Program.	$10,000	$0.00
Clontarf Foundation	Engaging Aboriginal Male Students in Education and Employment · Applicant is ineligible due to annual turnover criteria	$10,000	$0.00
Far North Community Services	Far North Community Services Broome Event Accessibility Team · Applicant is ineligible due to annual turnover criteria	$7,275.17	$0.00
Broome Historical Society	Conservation treatment to the Air Raid Dornier Engine.	$10,000	$10,000
Broome Lotteries House	Broome Chilli Festival · Due to funding received in the 2020/21Annual Community Matched Funding Program, applicant is eligible for $4,700 in current 2021/22 round as per the Program Guidelines - Organisations may be successful for multiple applications (maximum of three) in a three-year period providing the total amount received does not exceed $10,000.	$6,700	$4,700
Broome Sports Association	Broome Sports Awards · Following this recommended funding allocation applicant will not be eligible in the next 2022/23 round as per Program Guidelines – Organisations may be successful for multiple applications (maximum of three) in a three-year period providing the total amount received does not exceed $10,000.	$5,000	$5,000
Broome Tri Club	Broome Tri Club is SunSmart · Shire officers have been requested to contact applicant to discuss promotion.	$3,384.05	$3,384.05
SAFE Broome	Broome Initiative for Animal Welfare 2022 · Applicant is ineligible due to receiving $10,000 in 2020/21Annual Community Matched Funding Program as per the Program Guidelines - Organisations may be successful for multiple applications (maximum of three) in a three-year period providing the total amount received does not exceed $10,000.	$20,000	$0.00
Broome Junior / Senior Motocross Club Inc	Garden area to acknowledge Traditional Owners	$2,848	$2,848
St Martin De Porres School	Sewing project for Worn Art – Guwan Dragonfly (Pearl Dragon)	$950	$950
Theatre Kimberley	The Sandfly Circus Show 2022	$10,000	$10,000
West Kimberley Junior Football League	Goal posts for the future · Applicant has requested $10,000 but not financially matched the project.	$10,000	$5,720.00
Broome Men’s Shed Inc	Outdoor workspace shade awning	$1,900	$1,900
Lions Club of Broome	Shinju Dragon Lights	$4,000	$4,000
Native Animal Rescue Broome Inc (NARB)	NARB Marine Turtle Rescue Unit	$9,000	$9,000
		TOTAL	$57,502

CONSULTATION

The Annual Community Matched Funding Program was advertised:

· On the Shire website;

· On the Shire Facebook page

· Via a direct marketing email campaign to the Shire’s community database.

Applications and guidelines were available via the Shire of Broome website:

https://www.broome.wa.gov.au/Community/Community-Services/Community-Funding-Programs/Annual-Community-Matched-Funding-Round

Assistance was provided by Shire officers to individual applicants in accessing the forms, and lodging applications.

STATUTORY ENVIRONMENT

Section 6.8 of the Local Government Act 1995 (expenditure from municipal fund not included in annual budget) requires Council to authorise in advance, by absolute majority, expenditure from its municipal fund for an additional purpose.

This report recommends Council, in accordance with Council Policy (Community Sponsorship Program), transfer unallocated Community Sponsorship funds remaining as 30 June 2022, after allocation of both Annual and Ad-hoc sponsorships and external donations, to the Community Sponsorship Reserve (a total of $72,427)

POLICY IMPLICATIONS

Policy - Community Sponsorship Program

FINANCIAL IMPLICATIONS

The total value of successful applications is $57,502

The remaining available funds, totalling approximately $72,427 will be transferred to the Community Sponsorship Reserve Accounts in accordance with Council Policy – Community Sponsorship Program.

- Shire of Broome Community Sponsorship Reserve: $12,498

- Energy Developments Limited Sponsorship Reserve: $59,929

RISK

The following risks have been identified in relation to the options provided for Council’s consideration:

Risk	Type	Rank	Mitigation
Consistent and transparent process	Reputational	Low	The applications are assessed in response to the funding program criteria and objectives.
Perception of community impact	Reputational	Low	Continue to assist applicants in the future and review application documentation and guidelines.
Use of unspent funds	Reputational	Low	Funds proposed to be utilised towards the Annual Community Matched Funding round in February 2023.

STRATEGIC ASPIRATIONS

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

Outcome Three - A healthy, active community:

3.2 Improve access to sport, leisure and recreation facilities, services and programs.

3.3 Grow community capacity through volunteer support and recognition

Outcome Four - An inclusive community that celebrates culture, equality and diversity:

4.1 Grow knowledge, appreciation and involvement in local art, culture and heritage

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

Outcome Nine – A strong, diverse and inclusive economy where all can participate:

9.2 Activate the precincts of Broome

VOTING REQUIREMENTS

Simple Majority

Council Resolution:

(Report Recommendation) Minute No. C/0522/033

Moved: Cr P Taylor Seconded: Cr N Wevers

That Council:

1. Pursuant to Council Policy – Community Sponsorship Program, approves the recommendation of the Community Sponsorship Assessment Working Group relating to the distribution of Annual Community Matched Program funding to support the following applicants (a total of $57,502 (ex GST)) for the purposes and in the manner, as listed below:

Shire of Broome – Community Sponsorship Program

a)	*Broome Historical Society*	*$10,000*	*Conservation treatment to the Air Raid Dornier Engine.*
b)	*Broome Lotteries House*	*$4,700*	*Broome Chilli Festival*
c)	*Broome Sports Association*	*$5,000*	*Broome Sports Awards*
d)	*Broome Tri Club*	*$3,384*	*Broome Tri Club is SunSmart*
e)	*Broome Junior / Senior Motocross Club Inc*	*$2,848*	*Garden area to acknowledge Traditional Owners*
f)	*St Martin De Porres School*	*$950*	*Sewing project for Worn Art – Guwan Dragonfly (Pearl Dragon)*
g)	*Theatre Kimberley*	*$10,000*	*The Sandfly Circus Show 2022*
h)	*West Kimberley Junior Football League*	*$5,720*	*Goal posts for the future*
i)	*Broome Men’s Shed Inc*	*$1,900*	*Outdoor workspace shade awning*
j)	*Lions Club of Broome*	*$4,000*	*Shinju Dragon Lights*
k)	*Native Animal Rescue Broome Inc (NARB)*	*$9,000*	*NARB Marine Turtle Rescue Unit*

2. Pursuant to Council Policy – Community Sponsorship Program, declines to support the remaining applications.

3. Pursuant to section 6.8 of the Local Government Act 1995, Expenditure from municipal fund not included in the annual budget, authorises the transfer of $72,427 to Reserve Account (Community Sponsorship Reserve) and amends the 2021/22 Annual Budget as below:

a) Increase Transfer to Reserve Account 100235950 (Community Sponsorship Reserve) by $72,427; and

b) Decrease Community Sponsorship Program Expense Account 100221720 by $72,427;

Noting that of the $72,427 reserve transfer, $59,929 is part of the Energy Developments Limited Sponsorship.

CARRIED UNANIMOUSLY 6/0

Attachments

1.	Annual Community Matched Funding Program 2021-22 (Confidential to Councillors and Directors Only) *This attachment is confidential in accordance with section 5.23(2) of the Local Government Act 1995 section 5.23(2)(h) as it contains “such other matters as may be prescribed”.*

Minutes – Ordinary Council Meeting 26 May 2022 Page 1 of 2

9.2 Place

9.2.1 FINAL ADOPTION OF LOCAL PLANNING STRATEGY

LOCATION/ADDRESS: Shire of Broome

APPLICANT: Shire of Broome

FILE: PLA100

AUTHOR: Manager Planning and Building Services

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Director Development Services

DISCLOSURE OF INTEREST: Nil

SUMMARY: At the Ordinary Meeting of Council on 29 July 2021, Council resolved to adopt the draft Local Planning Strategy (draft Strategy) for the purposes of proceeding to advertising. The Shire received certification from the Western Australian Planning Commission (WAPC) to advertise the draft Strategy and the formal advertising period commenced on 9 December 2021 and closed on 31 March 2022.

This report presents the submissions received on the draft Strategy.

It is recommended that Council adopts drafts Strategy with modifications as outlined in the Schedule of Submissions and the Schedule of Modifications and forwards the relevant documents to the WAPC for its final endorsement.

BACKGROUND

Previous Considerations

OMC 27 February 2020 Item 9.2.5

OMC 25 June 2020 Item 9.2.3

OMC 24 June 2021 Item 9.2.3

OMC 29 July 2021 Item 9.2.1

The following Council resolutions have informed the review of the draft Local Planning Strategy:

· At the Ordinary Council Meeting on 27 February 2020, Council resolved to approve the Report of Review for the Local Planning Strategy and the Local Planning Scheme No.6 (LPS6). This recommended that a new Strategy and Scheme be prepared. The Report of Review was endorsed by the WAPC on 17 April 2020.

· At the Ordinary Meeting of Council on 25 June 2020, Council endorsed the Community Engagement Plan for the review of the draft Strategy and Local Planning Scheme.

· At the Ordinary Meeting of Council on 24 June 2021, Council resolved that the Local Government, pursuant to Clause 19 of the Planning and Development (Local Planning Schemes) Regulations 2015 (the Regulations) and section 72 of the Planning and Development Act 2005 (the Act), prepare Local Planning Scheme No.7 with reference to the entire area within the Shire’s boundary.

· At the Ordinary Council Meeting on 29 July 2021, Council resolved to submit a copy of the draft Strategy to the WAPC for examination and following receipt of WAPC certification, to advertise the draft Strategy.

On 8 December 2021 the Shire received certification from the WAPC that the draft Strategy could proceed to advertise. The public comment period for the draft Strategy commenced on 9 December 2021 and concluded on 31 March 2022. The Shire sought approval from the WAPC to extend the advertising period beyond the 21-day maximum period specified in the Regulations. Approval was granted to extend the public comment period to 31 March 2022 (a total of 112 days) to account for the consultation being undertaken over the Christmas and New Year period (note the draft Strategy and draft LPS7 were advertised concurrently).

The submissions received are now presented to Council for consideration. Modifications to the draft Strategy in response to the submission received is also presented for consideration.

COMMENT

The Local Planning Strategy review process has been undertaken concurrently with the review of the Local Planning Scheme. The Regulations require that a local government is to prepare a Strategy in accordance with Clause 11 (a) of the Regulations for each new Local Planning Scheme that is approved for land within the district of the local government.

Draft Local Planning Strategy

The draft Strategy (Attachment No 1) contains planning objectives, strategies and actions to meet the future planning and land use needs for the Shire of Broome for a period of 10 - 15 years. The community’s aspirations for future development within the Shire were informed by the Strategic Community Plan 2021-2031 and early engagement undertaken prior to the preparation of the Strategy.

Form and Content

The draft Strategy establishes the primary Planning Framework for the Shire of Broome and provides the strategic basis for draft Local Planning Schemes No 7. It sets out the Shire’s objectives for future land-use planning and development and includes a broad framework by which to pursue those objectives. The draft Strategy seeks to address the social, environmental, resource management and economic factors that affect, and are affected by, land use and development. The Strategy has been developed in consultation with officers from the Department of Planning, Lands and Heritage to ensure the form and content complies with the regulatory requirements.

The draft Strategy is considered to:

· be consistent with State and Regional planning policy, including current strategies and structure plans;

· provide strategic direction for land-use planning and development over the ensuing 10 years or longer as the basis for the Local Planning Scheme;

· set out the strategic direction for sustainable resource management and development in the context of State and Regional planning;

· provide the rationale for the zoning and reservation of land and for the provisions of the Scheme relating to development and development control;

· provide a strategic framework for assessment and decision-making in relation to proposed scheme amendments, subdivision, and development;

· provide the context for coordinated planning and programming of physical and social infrastructure at the local level;

· assess the capacity of physical infrastructure from a land use planning perspective to ensure there is sufficient infrastructure in a locality to accommodate managed growth;

· identify the need for further studies or investigation within a local government area to address longer-term strategic planning and development issues.

The draft Strategy is divided into two parts:

· Part One outlines the vision and objectives for the Strategy and key strategic responses to address issues across the Shire. Strategies are summarised into the following themes:

- Growth and Settlement

- Economy and Employment

- Environment and Heritage

- Transport and Infrastructure

In order to improve readability, each action within the Strategy is accompanied by a planning direction, rationale and anticipated timeframe in table format. This structure is considered to improve accountability and ensure each action is easily monitored.

The draft Strategy also contains a diagrammatic representation (spatial plans) incorporating all four themes. It also identifies specific planning areas where detailed planning is to be undertaken. Mapping focuses on the general pattern of land use, rather than specific zoning, as a guide to more detailed representation when a Local Planning Scheme is prepared.

· Part Two provides the background information and analysis that informs the Strategy. This includes a review of state and local planning context, including other material considerations. It also includes a review of the local government profile which delivers the background information and analysis relating to the current demographic profile, urban growth and settlement patterns, environment and heritage, economy and employment and infrastructure position in the Shire.

The report presented to the Ordinary Meeting of Council on 29 July 2021 provided an overview of the higher-level changes proposed in the draft Strategy. The comments below will focus on the public submissions received and an analysis of the matters raised in the submissions.

Submissions received

The Shire advertised the draft L Strategy and LPS7 concurrently. At the close of the public comment period 22 submissions were received, with the majority of submitters raising items for consideration on both documents. Overall, the majority of the submissions received were supportive of the strategic intent and sought that modifications were performed to the either the Strategy or LPS7.

The following key themes were raised in the submissions on the draft Strategy:

· Request to extend the Planning Area A – Regional Centre Investigation and extends of Figure 6 – Precinct Structure Planning Guidance (for Chinatown and Old Broome)

· Nyamba Buru Yawuru (NBY) request for greater recognition of issues and opportunities that impact on Broome’s Yawuru Community

· Request for the Shire to adopt the Urban Renewal Strategy

· Request for Art to be represented as a significant industry

· Request from Broome International Airport (BIA) to amend terminology regarding community desire to relocate airport and references to service commercial land on Frederick Street

The Schedule of Submissions is attached (Attachment No 2) outlines the comments received from the submitters and an officer comment and recommendation in relation to each item raised. The comments below provide a summary of the key themes raised in the submissions.

Request to extend the Planning Area A – Regional Centre Investigation and extends of Figure 6 – Precinct Structure Planning Guidance (for Chinatown and Old Broome)

Some submissions raised concern that Planning Area A, which would guide the future location of the Precinct Structure Plan, does not extend far enough, particularly as it does not cover the full extends of the Old Broome Development Strategy area. As one of the actions of Planning Area A identified in the draft Strategy, is to review the Old Broome Development Strategy area, it is considered appropriate that the extent of Planning Area A in both Figure 5 and 6 is updated to be consistent with the Old Broome Development Strategy.

It is noted that there is a portion of area within the Old Broome Development Strategy that is recognised as having special character, being the Old Broome Special Character Area. It is recommended that Figure 6 of the draft Strategy be updated to reference this special character area, which would be reviewed, and appropriate design controls put in place through the Precinct Structure Plan preparation process.

NBY request for greater recognition of issues and opportunities that impact on Broome’s Yawuru Community.

NBY have raised in their submission that the draft Strategy does not go far enough to;

i. Fully define the issues and opportunities that impact on Broome’s Yawuru Community

ii. Acknowledge Yawuru’s significance to Broome’s history, culture and identity

iii. Capitalise on the important role that Yawuru can play in planning and land management

iv. Recognise NBY as one of the key landowners within the Shire both in terms of land area and the strategic location of its land

v. Identify specific actions to capitalise on opportunities and address issues impacting on Yawuru People

The submission raises that as local planning frameworks should capture, reflect and express local conditions, context and needs, therefore the Shire’s draft Strategy is an appropriate opportunity to embrace Yawuru traditional cultural values and practices in planning for the Shire. These practices and values promote a quadruple bottom lined approach that is centred on the Yawuru philosophy of ‘mabu liyan’ or ‘good well-being.’

NBY expressed that incorporating mabu liyan into the local framework can be facilitated by some simple actions that all sit comfortably within the established planning system and accepted suite of planning tools. Examples include:

· Identify and discuss issues affecting the Yawuru Community in the draft Strategy

· Present a pathway - identify where further study/reporting is needed to better define issues

· But where possible, include specific actions aimed at addressing these issues

· Include specific context and actions aimed at implementing the ILUAs, closing the gap and reconciliation more broadly

· Identify and capitalise on opportunities - respect and utilise Yawuru’s knowledge and perspectives through a combination of mandated and best-practice engagement

· Develop local planning policies relating to topics such as: character and place, public art, built form and landscape, and expectations/opportunities and benefits of liaising with NBY on planning projects

Tables were included into NBY’s submission seeking specific amendments to the draft Strategy which are all set out in Attachment No 2, Schedule of Submission. While requests to incorporate amendments to the draft Strategy to align with the submission have been reflected where possible, some items requested for inclusions have not been supported as it is not an item included in the WAPC’s Local Planning Strategy Guidelines; is addressed under other legislation, is not an action/matter capable of being implemented in the planning framework or is outside the scope of a Strategy to perform.

Some of the specific requests for inclusion into the draft Strategy, include the following

- Recognition of ILUA’s and their significance.

NBY have raised in their submission, because the ILUA’s are central to land management, development and use it is appropriate that they are acknowledged and enabled by the planning framework. The submission requests that specific actions be included aimed at implementing the ILUA’s.

It is agreed, that the ILUA’s are an important document in shaping the growth and development of the Broome townsite. While the Strategy already references the ILUA’s, it is recommended that additional commentary that provides the context and background to the ILUA’s and their impact on planning for Broome is included in Part 2. Refer to Attachment No 3 Schedule of Modifications which provides the proposed wording to be inserted in this regard.

Part 1 of the draft Strategy reflects the outcomes of the ILUA’s through including the land parcels as Planning Areas under the Strategy. As Part 1 of the draft Strategy reflects the outcomes of the ILUA’s through the identification of planning areas, it is not recommended to incorporate actions relative to their implementation.

It is also proposed to update the Strategy text relative to the conservation estate which is another key outcome of the ILUA’s.

- Recognition as important stakeholder, both culturally and economically, and request actions that Local Planning Policy (LPP) be developed to encourage engagement beyond statutory requirements.

NBY have requested that the Strategy be updated to include actions to outline where consultation with traditional owners is mandated (i.e. through Native Title). While it is acknowledged that consultation with NBY is triggered through other statutory processes including native title and Aboriginal heritage, it is not the role of the Strategy to set out actions of forms of consultation required. There are numerous instances of where Commonwealth and State legislation trigger referrals or approval requirements. Referrals can be required as part of the planning assessment processes (such as State Register Heritage Places or contaminated sites) or outside of the planning assessment process (such as EPBC Act, Aboriginal heritage, land tenure). It is not the role of function of a Strategy to establish third party referrals or approvals that may be required. Therefore the request to incorporate action in this regard is not supported.

The NBY submission also requests that the draft Strategy is amended to include an action, requiring the preparation of a Local Planning Policy to encourage development proponents to engage with NBY beyond the statutory requirements. The Shire has an existing Policy Consultation – Aboriginal Heritage which provides a framework that the Shire will undertake with regard to engagement and consultation on Aboriginal Heritage for its own projects (in addition to legislative consultation/engagement that may be required under the Aboriginal Heritage Act 1972).

It is also noted that the Aboriginal Cultural Heritage Act 2021 and Aboriginal Heritage Act 1972 (and associated Regulations) provide legislated controls for protection of Aboriginal cultural heritage. The DPLH is currently working through a co-design process to prepare the new Regulations and Guidelines to provide guidance on aboriginal cultural heritage under the new Act (note this would trigger a review of the Consultation – Aboriginal Heritage Policy once finalised). This will apply regardless of the planning framework in place. Given the co-design process currently being performed and as the Shire cannot, through the planning determination process mandate engagement with an organisation beyond the provisions of the Planning and Development (Local Planning Schemes) Regulations 2015, it is not considered appropriate to prepare a Local Planning Policy in this regard.

- Desire for greater commentary on key issues such as Aboriginal housing needs.

NBY have requested that the draft Strategy be updated to reference the housing needs of Aboriginal people, including housing numbers, housing location or housing design. NBY have requested an opportunity to provide information to the Shire with respect to Aboriginal Housing issues within the Broome townsite and to work collaboratively to development actions, rationales and timeframes in the draft Strategy.

It is agreed that Aboriginal housing needs and social housing needs generally are important in the context of Broome. It is recommended that additional information in this regard is added to 4.2.2 of the draft Strategy, which is outlined in Attachment No 3.

- Desire for greater commentary on natural and cultural heritage (e.g. recognition of Song Lines).

The draft Strategy has a section 2.3 which provides direction on Environment and Heritage. The NBY submission requests that this section be two separate topics with their own consideration and actions. It is noted that cultural and heritage is dealt with as its own separate sub-section of the Strategy which is deemed appropriate and a change in this regard is not deemed required.

NBY also requested that this section of the draft Strategy is updated to:

i. Include a specific, introductory statement about Yawuru history and heritage be included in collaboration with NBY and informed by its Cultural Management Plan.

ii. Reword section to recognise Yawuru as the traditional owners not an ‘immigrant group.’ Include a standalone section on Aboriginal history in collaboration with NBY and informed by its Cultural Management Plan.

iii. Include the following action within the draft Strategy: ‘Shire to develop a Reconciliation Action Plan and ensure that planning decisions are consistent with it.

iv. Reference to ‘song cycles’ needs to be updated to ‘Songlines’ and description of culturally significant areas needs review as Songlines, are not just coastal, they extend inland.

As set out in Attachment No 3, it is recommended changes be incorporated into the draft Strategy to reflect the comments raised. This applies with the exception of point iii. above as Reconciliation Action Plans sit outside of the planning framework and would be progressed separately to preparation and adoption of an Strategy.

- Inclusion of an objective in the vision in the draft Strategy that relates specifically to Yawuru Community.

The WAPC have prepared Local Planning Strategy Guidelines that provide guidance on the preparation of a Local Planning Strategy, which the Shire’s draft Strategy has been prepared consistent with. The Guidelines also include a manner and form document which outlines that the vision is to align with the Strategic Community Plan.

The importance of the Yawuru community to the development of Broome is acknowledged. Similarly, the importance of other Traditional Owner (TO) groups which form part of the Shire is also acknowledged. Given the draft Strategy provides guidance over many TO groups, the inclusion of an objective into the vision that specifically reference one Traditional Owner group is not representative.

Therefore in relation to this request, it is recommended that an additional objective 4.2 is included into the draft Strategy which reads:

Support Broome’s Traditional Owner’s in managing country and celebrating culture.

- Request that NBY should be listed as a stakeholder in relation to tourism on the Dampier Peninsula.

The NBY submission seeks that the Strategy recognise that NBY is an important stakeholder and should be consulted in relation to tourism on the Peninsula and within the Kimberley. The submission also expresses that NBY is an important stakeholder in relation to the Dampier Peninsula Working Group.

It is not recommended that amendments are performed to the draft Strategy in this regard. The Dampier Peninsula Working Group has been established by the community members in the Peninsula in collaboration with the Department of Premier and Cabinet. Its not the role of the Strategy to establish which stakeholders are to form part of the Working Group.

Furthermore, similar to the comments in relation to incorporation of a Local Planning Policy with regard to engagement, the Shire does not have the ability to require engagement with NBY on tourism proposals in the Peninsula and as such inclusion of an action into the draft Srategy in this regard is not supported. It should be noted that this comment is provided in the context of planning determinations made under the local planning framework, it is noted that the Shire and other tourism representative groups engage with NBY on tourism generally, such interactions are not captured by the Strategy.

Request for the Shire to adopt the Urban Renewal Strategy;

Some submissions received supported the identification of the Urban Renewal Strategy as a Planning Area and supported the action to ‘support the long-term implementation of the Urban Renewal Strategy in partnership with the Department of Communities’. The submissions requested that Council adopt the Urban Renewal Strategy.

While the Shire of Broome has yet to adopt the Urban Renewal Strategy, the draft Strategy and therefore the long-term planning direction endorse the implementation of the Urban Renewal Strategy. The Shire’s adoption of the Urban Renewal Strategy is not deemed relevant to consideration of the draft Strategy.

Request for Art to be represented as a significant industry

The submission from Goolarri Media raised concern that art is not considered as a significant industry in the Straetegy (when compared with other industries such as pastoral or industry). The submission expressed that art is a significant industry as it helps make Broome a viable and desirable place to be and cites many examples of how this is achieved. The submission also raises that there should be development of art infrastructure to match the output of work by the Broome arts community.

It is acknowledged that art is a significant industry in Broome and it is proposed to incorporate additional wording into the draft Strategy to reflect this, as set out in Attachment No 3. It should be noted that the art industry has different land use needs and requirements and does not require establishment of a separate land use zones in the planning framework to support it (as opposed to pastoral or industry land needs). It is also not recommended that specific actions be incorporated into the Strategy in relation to art as these are already captured through other informing strategies and the Shire’s Corporate Business Plan.

Request from BIA to amend terminology regarding community desire to relocate airport and references to service commercial land on Frederick Street

In the submission from Broome International Airport, concern was raised with regard to wording the draft Strategy which expressed that there was a ‘strong’ community desire to see the relocation of the airport. BIA raised that the engagement undertaken to inform the Strategy did not demonstrate that there was a strong community desire to see the airport relocate. This is noted and it is recommended that the sections in the draft Strategy that make reference to this is reworded.

BIA also raised concern with wording in Part 2 of the Strategy relative to service commercial land on Frederick Street, which suggests that the land may warrant short-term reconsideration of the zoning of the land. BIA requested that this statement be clarified as the Frederick Street land, which is now zoned Service Commercial in both LPS6 and LPS7, has an approved Local Development Plan No 8, and a recently approved subdivision application, which are based on the current zoning and intended to be developed for service commercial purposes. This is noted and it is recommended that the reference to this land in Part 2 of the Strategy is deleted.

The Schedule of Modifications, which is included as Attachment No 3 summaries all the modifications recommended in relation to submissions received. There are also some modification proposed following Shire officer review of the draft Strategy. This relates predominately to mapping clarifications and also the reinstatement of the Cultural and Natural Resource Use category into the draft Strategy (currently the draft Strategy does not align with draft LPS7 in relation to this zone and it is proposed this inconsistency is addressed).

CONSULTATION

In advance of the adoption of draft Strategy for advertising, early consultation has occurred with a wide range of stakeholders to obtain their views and understand their requirements in regard to the new Scheme and Strategy. This included a series of face-to-face meetings, online feedback forms and mapping tools, as well as community workshops and drop-in information sessions.

The community engagement was undertaken in accordance with the Council endorsed Community Engagement Plan for this project.

In addition to the early community engagement, meeting with the following stakeholders were held:

· Nyamba Buru Yawuru

· Chamber of Commerce and Industry

· Department of Planning, Lands and Heritage

· Department of Transport

· Department of Communities

· Department of Justice/Department of Finance

· Development WA

· Kimberley Ports Authority

· Kimberley Development Commission

· Regional Development Australia Kimberley

· Broome International Airport

· Tourism WA

· Broome Visitors Centre

· West Kimberley Futures Alliance

· Bidyadanga Community

· Djarindjin Community

· Ardyaloon Community

· Main Roads WA

Since the adoption of the draft Strategy for advertising, which occurred at the July 2021 Council Meeting, the WAPC granted its consent to be advertised.

The public comment period for draft Strategy commenced on 9 December 2021 and concluded on 31 March 2022. The Shire sought approval from the WAPC to extend the advertising period beyond the 90-day maximum period specified in the Regulations. Approval was granted to extend the public comment period to 31 March 2022 (a total of 112 days) to account for the consultation being undertaken over the Christmas and New Year period.

The draft Strategy was advertised for public comment in the following manner:

· A public notice in the Broome Advertiser on 9 December 2021;

· Display of documents and public notice on the Shire’s website;

· Display of documents and public notice at the Shire Administration Centre and Library;

· Direct notification to all people who made comment during the initial public engagement, any person who registered to be updated on the progress of the Strategy and Scheme; and to all primary and secondary stakeholders identified in the Community Engagement Plan;

· Notice in the Shire’s our shire news and newsletters;

· Updates on the Shire’s social media platforms.

STATUTORY ENVIRONMENT

13. Advertising and notifying local planning strategy

(1) A local government must, as soon as reasonably practicable after being provided with certification that a local planning strategy complies with regulation 11(2), advertise the strategy as follows —

(a) publish in accordance with regulation 76A the strategy and a notice giving details of —

(i) how the strategy is made available to the public in accordance with regulation 76A; and

(ii) the manner and form in which submissions may be made; and

(iii) the period under subregulation (2) for making submissions and the last day of that period;

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

(e) advertise the strategy as directed by the Commission and in any other way the local government considers appropriate.

(2) The period for making submissions on a local planning strategy is —

(a) the period of 21 days after the day on which the notice of the strategy is first published under subregulation (1)(a); or

(b) a longer period approved by the Commission.

14. Consideration of submissions

(1) After the expiry of the period within which submissions may be made in relation to a local planning strategy, the local government must review the strategy having regard to any submissions made.

(2) The local government may —

(a) support the local planning strategy without modification; or

(b) support the local planning strategy with proposed modifications to address issues raised in the submissions.

(3) After the completion of the review of the local planning strategy the local government must submit to the Commission —

(a) a copy of the advertised local planning strategy; and

(b) a schedule of the submissions received; and

(c) particulars of any modifications to the advertised local planning strategy proposed by the local government.

POLICY IMPLICATIONS

Nil.

FINANCIAL IMPLICATIONS

The costs associated with the preparation of the new Strategy have been included in the 2020/21, 2021/22 and 2022/23 budgets.

RISK

Reputation

The reputational risk to the Shire in relation to the Strategy review has been managed by following the procedures required in legislation, a comprehensive Community Engagement Plan with a range of community engagement opportunities and key stakeholder meetings (including liaison with Government Agencies) as well as a series of Councillor workshops.

STRATEGIC ASPIRATIONS

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

Outcome Five - Responsible management of natural resources:

5.2 Manage and conserve the natural environment, lands and water.

Outcome Six - Responsible growth and development with respect for Broome’s natural and built heritage:

6.1 Promote sensible and sustainable growth and development.

Outcome Seven – Safe, well connected, affordable transport options:

7.2 Provide safe, well connected paths and trails to encourage greater use of active transport.

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

Outcome Nine – A strong, diverse and inclusive economy where all can participate:

9.3 Activate the Dampier Peninsula.

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

Outcome Twelve – A well informed and engaged community:

12.1 Provide the community with relevant, timely information and effective engagement.

VOTING REQUIREMENTS

Simple Majority

Council Resolution:

(Report Recommendation) Minute No. C/0522/034

Moved: Cr C Mitchell Seconded: Cr P Taylor

That Council:

1. Pursuant to Regulation 14 (1) of the Planning and Development (Local Planning Schemes) Regulations 2015, endorses the recommendations as outlined in Attachment 2 – Schedule of Submissions;

2. Pursuant to Regulation 14 (2)(b) of the Planning and Development (Local Planning Schemes) Regulations 2015, support the Shire of Broome Local Planning Strategy subject to the modifications outlined in Attachment 3 – Schedule of Modifications;

3. Pursuant to Regulation 14 (3) of the Planning and Development (Local Planning Schemes) Regulations 2015 forward the advertised Local Planning Strategy and the Schedule of Submissions and the Schedule of Modifications and this resolution to the Western Australian Planning Commission for final consideration;

4. Authorise the Director Development Services to make additional minor modifications to the maps and text as may be required for spelling/grammar/legibility by the Commission or authorised person.

CARRIED UNANIMOUSLY 6/0

Attachments

1.	Advertised Local Planning Strategy
2.	Schedule of Submissions
3.	Schedule of Modifications - Local Planning Strategy

Minutes – Ordinary Council Meeting 26 May 2022 Page 1 of 2

The Director Development Services advised that Attachment number 2 Schedule of Submissions and Attachment number 4 Schedule of Modifications have been amended from the original published agenda. Corrections were circulated to Councillors prior to the meeting.

The Director Development Services advised that there was a typographical error in the Report Recommendation. This has been amended and the reflected in the minutes.

9.2.2 FINAL ADOPTION OF LOCAL PLANNING SCHEME NO 7

LOCATION/ADDRESS: Shire of Broome

APPLICANT: Shire of Broome

FILE: PLA100

AUTHOR: Manager Planning and Building Services

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Director Development Services

DISCLOSURE OF INTEREST: Nil

SUMMARY: At the Ordinary Meeting of Council on 29 July 2021, Council resolved to adopted draft Local Planning Scheme No 7 (LPS7) for the purposes of proceeding to advertising. The required pre-advertising consultation with the Western Australian Planning Commission (WAPC), Environmental Protection Authority and Heritage Council of Western Australia was undertaken and the formal advertising period commenced on 9 December 2021 and closed on 31 March 2022.

This report presents the submissions received on draft LPS7 and also presents LPS7 for final adoption.

It is recommended that Council adopts LPS7 with modifications as outlined in the Officer’s recommendations in the Schedule of Submissions and the Schedule of Modifications and forwards the relevant documents to the WAPC for its final endorsement.

BACKGROUND

Previous Considerations

OMC 27 February 2020 Item 9.2.5

OMC 25 June 2020 Item 9.2.3

OMC 24 June 2021 Item 9.2.3

OMC 29 July 2021 Item 9.2.2

The following Council resolutions have informed the Scheme review process:

· At the Ordinary Council Meeting on the 27 February 2020, Council resolved to approve the Report of Review for the Local Planning Strategy and the Local Planning Scheme No 6 (LPS6). This Report recommended that a new Strategy and Scheme be prepared. The Report of Review was endorsed by the WAPC on 17 April 2020.

· At the Ordinary Meeting of Council on 25 June 2020, Council endorsed the Community Engagement Plan for the review of the Local Planning Strategy and Local Planning Scheme.

· At the Ordinary Meeting of Council on 24 June 2021, Council resolved that the local government, pursuant to Clause 19 of the Planning and Development (Local Planning Schemes) Regulations 2015 (the Regulations) and section 72 of the Planning and Development Act 2005 (the Act), prepare Local Planning Scheme No 7 (LPS7) with reference to the entire area within the Shire’s boundary.

· At the Ordinary Meeting of Council on 29 July 2021, Council resolved to proceed to advertise the draft LPS7, to forward the draft LPS7 to the WAPC for examination and refer the draft LPS7 to the EPA and Heritage Council of Western Australia.

In accordance with the resolution of Council on 29 July 2021, draft LPS7 was referred to the EPA and Heritage Council of WA. The Shire received notification from the EPA that the Scheme should not be assessed under Part IV Division 3 of the Environmental Protection Act 1986. The Heritage Council responded and did not raise any objection to proceed to advertising.

Advice was received from WAPC on the 26 November 2021, that draft LPS7 was suitable to advertise once modifications were performed. The modifications required from the WAPC were predominately to ensure alignment with the Model Provisions in the Planning and Development (Local Planning Schemes) Regulations 2015.

On the 9 December 2021, the public comment period for draft LPS7 commenced o and concluded on 31 March 2022. The Shire sought approval from the WAPC to extend the advertising period beyond the 90-day maximum period specified in the Regulations. Approval was granted to extend the public comment period to the 31 March 2022 (total of 112 days) to account for the consultation being undertaken over the Christmas and New Year period.

The submissions received are now presented to Council for consideration and modifications to draft LPS7 in response to the submission received is also presented for consideration.

COMMENT

Local Planning Scheme

The Local Planning Scheme is the local government’s statutory planning instrument and forms the basis of which every subdivision or development application is assessed. The Local Planning Scheme has the status of ‘subsidiary legislation’ which means that unlike policies and other planning instruments, schemes have legislative effect and must be treated as ‘law’. The Scheme comprises of the ‘scheme text’ and ‘scheme maps’ and is to be read alongside the Deemed Provisions of the Regulations.

Local Planning Scheme Review

The review of the Local Planning Scheme provides the Shire with an opportunity to ensure consistency with State legislation and State Planning Policies, as well as make sure the Scheme is fit-for-purpose, reflecting the broad land use and development direction of State Government and Council.

A copy of the advertised draft LPS7’s Scheme Text can be found in Attachment No 1 and a copy of the advertised draft Scheme Maps can be found on the Shire’s website https://www.broome.wa.gov.au/Shire-Services/Planning/Review-of-Local-Planning-Strategy-and-Local-Planning-Scheme-No.6 (File not attached due to file size).

The Scheme review process has been undertaken concurrently with the review of the Local Planning Strategy. The draft Local Planning Strategy, which is tabled in a separate report, is a high-level strategic document that sets out the framework for local planning and development over the next 10 to 15 years. The draft Local Planning Scheme has been developed to generally reflect the short-term zoning and classification of land and associated development set out in the draft Local Planning Strategy.

Both the draft Scheme and Strategy have been shaped by early community engagement undertaken in accordance with the Council endorsed Community Engagement Plan, discussed under the Consultation heading in this report.

Regulatory Requirements

A significant part of the Scheme review process is to ensure regulatory compliance with State legislation and associated policy. The Planning and Development (Local Planning Scheme) Regulations 2015 (the Regulations) set out the way in which Local Planning Strategies and Local Planning Schemes are prepared, consolidated and amended. The two key components of the Regulations that inform the structure and content of the new Scheme are the ‘Deemed Provisions’ and ‘Model Provisions’.

· Deemed Provisions

The gazettal of the Regulations in 2015 resulted in significant operational changes to Local Planning Schemes across Western Australia. The Regulations introduced ‘Deemed Provisions’, meaning that they have direct effect and are to be read as if they form part of all local planning schemes. The Deemed Provisions introduced uniform processes and procedures to schemes, such as structure plan preparation and development assessment. These apply automatically to all schemes and cannot be altered, varied or excluded.

It should be noted that amendments to the Deemed Provisions were gazetted in December 2020. These changes are to be read as part of the Scheme, however they are not included in the Scheme text document as they are already enshrined in legislation.

· Model Provisions

Another significant change introduced by the Regulations was the introduction of ‘Model Provisions’. These are intended to standardise the form and content of local planning schemes, providing local government greater certainty of the State Government’s expectations as well as ensuring a more consistent approach to decision making. The model provisions set out the structure and numbering to be included within the Scheme and identify uniform reserves, zoning and land uses.

In order to reflect the model provisions, the Scheme has been reviewed and updated to ensure a compliant structure and content. Reserves, land use definitions and zones have all been updated to be generally consistent with the model provisions.

The report presented to the Ordinary Meeting of Council on the 29 July 2021, provided an overview of the higher-level changes proposed in draft LPS7, it is not proposed to repeat in this report. The comments below will focus on the public submissions received and an analysis of the matters raised in the submissions.

Submissions received

The Shire advertised the draft Local Planning Strategy and LPS7 concurrently. At the close of the public comment period 22 submissions were received, with majority of submitters raising items for consideration on both documents. Overall, the majority of the submissions received were supportive of the strategic intent and sought that modifications were performed to the either the Strategy or LPS7.

The following key themes were raised in the submissions:

· Development standards in the tourist zone (Cable Beach);

· Development standards in the Regional Centre and Mixed Use zone;

· Development standards in Old Broome;

· Identification of the preferred site of the new Broome Custodial Facility;

· Planning provisions for the Broome South Waste Water Treatment Plant;

· Zoning for McMahon Estate – Lot 2441 Reid Road;

· Request for Special Control Area for the Dinosaur Coast;

· Permissibility of Holiday House (unhosted short term rental accommodation) in the Residential zone;

· NBY landholding specific requests.

Attachment No 2 includes the Schedule of Submissions which outlines the comment received from the submitter and an officer comment and recommendation in relation to each item raised. The comments below provide a summary of the key themes raised in the submissions.

Development Standards in the tourist zone

The Shire received submissions from landowners within the Tourist zone which sought the following modifications to draft LPS7:

· Clarification on building height controls;

· Removal of plot ratio controls; and

· Removal of development standard requiring 60% of tourist land use as part of development in the Tourist zone.

In relation to building heights, submissions raised that while Clause 10 (2) in Schedule 4 of draft LPS7 establish a default 10m wall height and 14m overall building height for mixed use and non-residential development in the Tourist zone (unless varied through a Structure Plan), residential development would be assessed at the R40 Residential Design Code requirements which would default to a permitted height of two storeys, rather than 3 storeys which can be achieved under Schedule 4. Officers recommend that this submission is upheld and draft LPS7 is updated to remove the inconsistency between building heights for residential and non-residential development in the Tourist zone.

In relation to plot ratio, Schedule 4 of draft LPS7 identify plot ratio controls for the zones in the Shire, including the Tourist zone. Submitters raised that site coverage and building height and setback controls, which are included in Schedule 4 are sufficient to control built form outcomes, without the need for plot ratio. Particularly, in the context of Broome and the built form scale enabled through the development controls, site coverage is more effective tool at controlling the proportion of buildings to open space and landscaping on site and should be used as the primary control rather than plot ratio. Officers recommend that this submission is upheld as plot ratio is not deemed to add value to built form outcomes.

Submissions also raised concern with the site and development requirements of the Tourist which requires that the tourism land use is the predominant use on site and is to occupy not less than 60% of the site area and unit numbers. One submission also requested that portion of the land within the Cable Beach Tourist zone be zoned Development, as opposed to Tourist (effectively allowing for Structure Plan to be adopted to apply a different zone and development standards to the land). These submissions are not supported as removal of the site and development requirements from LPS7 and the change to the zoning, would not align with the objectivities of the Tourist zone as outlined in the Model Provisions and furthermore would not align with the strategic intent contained within the Local Planning Strategy.

Development standards in the Regional Centre and Mixed Use zone;

Some submissions requested review of the development standards for the Regional Centre (which applies to Chinatown and the area to the immediate west) and Mixed Use zone. Submissions requested removal of the plot ratio development standards in LPS7 for the same reasons mentioned for the Tourist zone above. These submissions are recommended to be upheld and it is recommended that Council modify Schedule 4 to remove the plot ratio development standard from the Scheme.

Submissions also supported the preparation of Precinct Structure Plans for these zones (which is an action identified in the Local Planning Strategy) but requested that land that is appropriate and ready for development application should not be delayed by a broader structure plan over the whole area. While the strategic intent in the LPS is to prepare a Precinct Structure Plan over the Regional Centre and the majority of the Mixed Use zoned properties in the Shire (in addition to the Tourist zone), a development application would be submitted and assessed against LPS7. Schedule 4 of LPS7 outlines that for the applicable zones in the absence of an approved structure plan, the local government may require preparation and adoption of an local development plan prior to consideration of a development application. It is noted that there is discretion in the Scheme to not require either an LDP or Structure Plan prior to development assessment. This is considered appropriate and it is not deemed necessary to amend LPS7 to outline that development could occur in advance of a Structure Plan as provision for this already exists.

Submitters also requested that Clause 15 in Schedule 4 which outlines a presumption against subdivision in the ‘Mixed Use’ zone unless its in accordance with an approved structure plan, local development plan or adopted planning instrument is removed from LPS7. The submissions raised that subdivision in the Mixed Use zone should be able to considered on their individual merits through the subdivision application process. Officers have recommended that this is upheld and Schedule 4 of LPS7 is amended to remove the provision referenced. Due to the smaller lot sizes of the Mixed Use zoned properties in the Shire, a structure plan or local development plan is not likely to deliver an improved built form outcome and a provision in the Scheme which outlines a presumption against subdivision is not considered necessary. Furthermore, the Regulations, already provide discretion for the Shire to request an LDP be prepared as a condition of subdivision, if there were concerns about the potential built form outcomes. It is also noted, that existing LPS6 does not include this site and development requirement for the Mixed Use zone.

Development standards in Old Broome

Two submissions were received from landowners in the Old Broome area, one on Walcott Street and one on Louis Street. One submission raised concern regarding the extents of Planning Area A (which will guide the Precinct Structure Plan area) in the Local Planning Strategy, refer to the comments in the LPS item in this regard.

The submissions sought that the individual land parcels, which are zoned Residential R10 in LPS7 be changed to Residential R40. Both lots which requested that LPS7 be updated to increase the residential density are included in the Old Broome Development Strategy and fall within the Old Broome Special Character Area. The Old Broome Development Strategy recommends that the properties within the Special Character Area be retained at the R10 residential density, to preserve the existing open character of the area. Modifications are recommended to the LPS to include these properties (and the wider Old Broome area) into the precinct structure plans, it is considered premature to change the zoning of these two individual properties at this point, particularly given the current recommendations in the Old Broome Development Strategy. Therefore it is recommended that these requested modifications to LPS6 are dismissed.

Identification of the preferred site of the new Broome Custodial Facility;

The Department of Justice and Department of Finance made a joint submission on both the Local Planning Strategy and draft LPS7 which seeks to recognise the preferred site for the custodial facility. This submission is incorporated into the Schedule of Submissions, however due to its length and figures included within the submission is also attached separately in Attachment No 3.

The submission seeks that the preferred site, being Lot 586 Broome Road, which is zoned ‘General Industry’ under draft LPS7 is changed to a ‘Public Purpose – Prison’. This would reserve the land and remove any zoning impediments to the development of the custodial facility on this site. The submission presents a review of the site selection process and also provides commentary on key planning considerations (buffer distances and the future Broome Airport). The submission acknowledges that modifications proposed will require further investigation and this will be progressed in conjunction with DevelopmentWA and the Shire of Broome.

The submission request to seek that that zoning of the land is changed to ‘Public Purpose – Prison’ is not supported for the following reasons:

· As acknowledged in the submission, further investigation is required to prove the sites suitability for a custodial facility. It would be premature for a zoning to be changed in a Scheme in the absence of this further investigation being performed (note this includes amendments to the Broome Road Masterplan and demonstration that the development of custodial facility would not impact on industrial land supply needs).

· Under the Shire’s existing and proposed Local Planning Strategy, the area in question is identified as an industrial precinct which recommends that it is zoned General Industry under the Scheme. The current LPS incorporates an action that recommends the General Industry zone be applied in the Scheme specifically to enable for storage and transport related land uses, noxious, hazardous and port related industry that require larger land parcels and/or separation from other land uses. The draft LPS further provides planning direction that ‘strategic industrial areas identified and protected to minimise land use conflict’ and that the Scheme align with SPP 4.1 to ensure adequate protection of strategic industrial areas.

Both the current and advertised version of the LPS recognise the need to set aside land for the future industrial needs of Broome and separation of incompatible land uses is significant in ensuring this strategic outcome is achieved. To change the zoning of the subject site to ‘Public Purpose – Prison’ would not align with the strategic intent of both the existing and proposed LPS as it would introduce a sensitive and incompatible land use (as a custodial facility involves the residential accommodation of its custodians) to this strategic industrial site.

· To align with the strategic objectives and SPP 4.1 the zoning table under draft LPS7 identified that all sensitive land uses that involve over-night accommodation (including a Corrective Institution) are not permitted in the General Industry zone. The change the zoning of this site to a Public Purpose – Prison, would enable the land use to occur at this location and would be inconsistent with the principles of orderly and proper planning, specifically the separation of incompatible land uses.

· The submission provides an analysis of buffer distances and references the EPA Guidelines on the Separation Distances Between Industrial and Sensitive Land Uses. The proposed management responses to ensure adequate separation distances to land use that should be encouraged in the General Industry zone are not resolved or finalised and could place limitation and restrictions on future permitted land uses in this zone, thereby having an impact on the delivery of industrial land to meet the future needs of Broome. These matters should be resolved in advance of any changes to the zone under a Local Planning Scheme.

· In the site selection process undertaken by the Department’s to date, insufficient public consultation has been undertaken on the new identified site. When the preferred site was announced in February 2022, Shire officers advised the Departments of concerns regarding consultation and further foreshadowed that the current Local Planning Scheme review would not be considered an appropriate mechanise for this to occur as the potential for additional consultation or resolution of land use conflicts may delay the process of completion of the new Scheme.

Overall the submission is not supported as the request to change the zoning of the land is deemed premature, has not address planning concerns raised in regards to this site and also inconsistent with the strategic direction.

Planning provisions for the Broome South Waste Water Treatment Plant (WWTP);

The Water Corporation has raised in its submission that the Special Control Area included to cover the Broome South WWTP should be removed, given the timeframes for the decommissioning of the site. The Broome South WWTP will cease operation from its site in December 2022. While there will be a pumping station located on the current site, the land use activity that is triggering the need for the Special Control Area (which is a buffer relating to odour impacts) will no longer be required. As the land use triggering the need for the buffer will cease and the date for this would likely coincide with timing LPS7 comes into operation, it is recommended that the buffer is removed now.

The Special Control Area provisions currently limits development which involves preparation of food and residential forms of accommodation (including caretakers dwellings) from being undertaken on properties that fall within the Special Control Area. The removal of the SCA now, as opposed to undertaking through a separate Scheme Amendment, would remove these current constraints in a timely manner. Based on the above, this submission is supported.

It should be noted, that the identification of the Broome South WWTP as a Public Purpose Reserve – Infrastructure Services in draft LPS7 is proposed to remain. A change to the zoning of the land at this point to align with the strategic intention under the LPS would be premature as site remediation works would not have been finalised and further investigation is required before zoning changes can be effected.

Zoning for McMahon Estate – Lot 2441 Reid Road;

A submission was received from the Shire of Broome’s Special Projects team, which seeks that Lot 2441 Reid Road, which is zoned ‘Residential R40’ and ‘Local Planning Scheme Reserve – Parks and Recreation’ to ‘Urban Development’. The submission requests that the zoning be adjusted for the following reasons:

· The draft Local Planning Strategy identifies this area as ‘Future Urban Growth’ and is further identified as planning area ‘O’. The zoning under draft LPS7 does not currently align with the strategic direction in the LPS and zoning of the site as ‘Development’ would align with the other sites identified as ‘Future Urban Growth’ in the LPS.

· The application of the ‘Development’ zone will enable a more flexible approach to the design of a subdivision concept plan and better opportunities for delivery of a development that can integrate with existing land use, through the preparation of a Structure Plan.

· The current zoning precedes current best practice urban design and does not allow for development of an urban form that addresses the following:

i. Legibility

ii. Permeability (especially pedestrian connections)

iii. Variety/diversity

iv. Environmental sustainability

v. Urban Water Management Planning

Structure Planning under a ‘Urban Development’ zone will allow urban design that addresses the above.

· The current zoning is incongruous to surrounding zoned land, which has a mix of residential densities. A large pocket of medium density land is not sympathetic to the existing urban fabric. ‘Development’ zoning will allow for a structure planning process that will be more sympathetic to the existing urban fabric;

· The current zoned area does not encourage best practice in accordance with Crime Prevention Through Environmental Design principles, a ‘Development’ zone will allow these principles to be achieved.

The Special Project’s Team is in the process of preparing a Business Case which involved stakeholder workshops in November 2020 and April 2021. The workshops engaged with Shire technical stakeholders, elected members and potential partner stakeholders, and involved community open days in April 2021. The draft Business Case seeks to provide an opportunity to address the housing crisis Broome is currently experiencing, and particularly a lack of accommodation for key workers, aged persons and for transition and affordable housing.

Based on the above rational and acknowledging the current zoning inconsistencies with the direction provided in the draft LPS, it is recommended that this submission is upheld and the change to the zoning is supported. In making this recommendation, it should be noted that the zoning change will require preparation of a Structure Plan, which will include statutory public consultation with the community and servicing authorities, in addition to the need to plan for an provide public open space and land for drainage that aligns with the State Planning Framework and the Shire’s Subdivisional and Development Guidelines.

Request for Special Control Area for the Dinosaur Coast;

A submission received from the Dinosaur Coast Management Group (DCMG) seeks that LPS7 incorporate a Special Control Area relating to the Dinosaur Coast. Draft text for the proposed SCA has been supplied and is outlined in the Schedule of Submissions.

While it is acknowledged that the dinosaur footprints are significant attribute to the Shire and worthy or protection, the request for inclusion of a Special Control Area is not supported. The request is not supported for the following reasons:

· The GIS mapping supplied, identifying the extent of the Management Plan Area and the proposed boundaries of the SCA, covers land located within the Foreshore or Environmental Conservation and Cultural Corridors Reserves or within Ocean and Waterways designations under draft LPS7. As such, the subject land has a high degree of planning guidance within the intent of these reservations which prohibits incompatible use and development within the foreshore reservation.

· The location of the SCA boundary is unlikely to interact with development applications submitted with the Shire for assessment due to its position within areas predominately identified as Ocean and Waterways under LPS7. If development were to proceed in this location, it is likely to be public works (i.e. port related infrastructure or safe boating facility) which would not require development approval from the Shire. Organisations progressing with these proposals would be aware of the National Heritage Listing and the requirements of the Environmental Protection and Biodiversity Conservation Act 1999 (EPBC Act). Inclusion of the SCA therefore would not lead to additional protection.

· Initial engagement with DPLH officers on submissions received on draft LPS7, expressed concern over supporting incorporation of a SCA that does not align with the guidance provided in the WAPC’s Local Planning Manual and the reluctance to include of SCA’s that relate to matters already addressed under separation legislation (in this case the EPBC Act).

While inclusion of SCA is not supported, it is acknowledged that the objectives of the Foreshore Reserve could be strengthened to reference the protection of national recognised significance under the EPBC Act.

Permissibility of Holiday House (unhosted short term rental accommodation) in the Residential zone

The emerging issue of unhosted short-stay accommodation in the Residential zone was identified as a matter for investigation in the Report of Review adopted by Council in February 2020. This was also a matter raised in the initial consultation undertaken prior to the drafting of LPS7.

LPS7 proposed that un-hosted short-stay accommodation (defined as a Holiday House) is a discretionary land use in the Residential zones in LPS7 (this is a change from previous Schemes in the Shire which have prohibited the land use). DPLH requested that the Shire draft a LPP to provide policy guidance on how the Shire would assess and determine this land use given the change in position proposed in LPS7. This occurred and the draft LPP was advertised concurrently with LPS7 (note this will form a separate report to be presented at an upcoming Council meeting).

While the Shire received eight submissions on the draft LPP, two submissions were received on the proposed permissibility changes to the land use under LPS7. One submission was from Tourism WA which supported the land use becoming discretionary and one from a landowner, objecting to the proposed change.

Also since commencement of advertising of the draft LPS7, DPLH have released the draft Position Statement – Planning for Tourism and associated Guidelines. It is deemed that the Shire’s position in LPS7 which seeks to make the land use discretionary aligns with the update DPLH guidance and no change is recommended to the draft LPS7 in this regard (that is, upon gazettal of LPS7, the Shire will be in a position to exercise discretion and approve this land use as opposed to the current LPS6 in which the land use is prohibited).

NBY landholding specific requests

The NBY submission is outlined in the Schedule of Submissions The submission from NBY sought the following adjustments to LPS7 and commentary in relation to each is provided below:

· Requested review of land use permissibilities in the service commercial zone in LPS7.

The submission sought that the following land uses should be discretionary as opposed to prohibited in the Service Commercial zone. The land uses requested were: Amusement parlour; Art gallery; Betting agency; Brewery; Child care premises; Consulting rooms; Convenience store; Medical centre; and Restaurant/café.

These land uses are deemed inconsistent with the objectives of the Service Commercial zone and should be encourage in other commercial zones throughout the Shire. Therefore this request to amend the Scheme in this manner is not supported.

· Requested that some land parcels to be transferred under ILUA are rezoned under LPS7 (i.e. Kavite Road, Port Drive and Gantheaume Point).

The land parcels referenced in the submission are identified as Planning Areas in the LPS, therefore the strategic intent of the ILUA for these parcels is reflected in the planning framework. As set out in the LPS, there are a number of matters requiring consideration prior to rezoning of the subject sites in the Scheme. Therefore the request to amend the zoning of the parcels in LPS7 is not supported as it would be deemed premature in the absence of the investigations required to be performed.

· Request that all Minyirr Buru Conservation Park have the Environmental Conservation and Cultural Corridors reservation applied to them.

A request was received that all of the Minyirr Buru Conservation Park have the same reservation applied to is and requested that this was the Environmental and Cultural Corridors reserve.

Inclusion of all of the reserves that form part of the Minyirr Buru Conservation Estate (including those reserves that abut the foreshore) would mean that the objectives of the reserve would need to be considered for any development proposal. For land within the Environmental Conservation and Cultural Corridors one of the objectives includes ‘to identify areas with biodiversity, conservation, and cultural values, and to protect those areas from development and subdivision’. The objectives of the Environmental Conservation and Cultural Corridor reserve provide greater emphasis on protection (thereby limiting) development compared with the Foreshore reservation that provide for a range of active and passive recreational uses, cultural and community activities, activities promoting community education of the environment, whist providing for protection of natural values.

The objectives of the Environmental Conservation and Cultural Corridor reserves, at times, may not align with the intent of the Yawuru Conservation Joint Management Plan adopted for the Conservation Estates (for example Base Camp, recreational improvements at Gantheaume which are all located within the Conservation Estate). Based on the above, it is not recommended that the reservations in LPS7 are amended in this manner.

· Request removal of the airport noise contours from Scheme.

The submission requested that the airport noise contours are removed from LPS7 as they are addressed under State Planning Policy. This request is not recommended as there is not a State Planning Policy that applies to Broome airports, the current State Planning Policies in place relate to Perth and Jandakot airports. The submission did raise some concern in regard to the wording of Clause 5 of Schedule 6 (which is the noise contours) and requests that the wording be adjusted as follows:

In no case should new development take place in greenfield sites deemed unacceptable because such development may impact airport operations as it relates to the safe movement of aircraft as determined by CASA.

This request is supported.

The Schedule of Modifications, which is included as Attachment No 4 which summaries all the modifications recommended in relation to submissions received. There are also some modification proposed following shire officer review of LPS7. This relates to the land use permissibilities in the zoning table and the recommended changes and justification are outlines in Attachment No 5. The changes recommended to the zoning table are predominately to remove the requirement for development approval (i.e. making some land uses ‘P’ as opposed to ‘D’); removing the need to advertise some land uses (by changing from an ‘A’ to ‘D’) and to adjust some land use permeabilities to align with existing Development Strategies.

CONSULTATION

In advance of the adoption of LPS7 for advertising, early consultation has occurred with a wide range of stakeholders to obtain their views and understand their requirements in regard to the new Scheme and Strategy. This included a series of face-to-face meetings, online feedback forms and mapping tools, as well as community workshops and drop-in information sessions.

The community engagement was undertaken in accordance with the Council endorsed Community Engagement Plan for this project. This document also provides an overview of the early engagement and has been taken into consideration in the preparation of the new draft Scheme.

In addition to the early community engagement, meeting with the following stakeholders were held:

· Nyamba Buru Yawuru

· Chamber of Commerce and Industry

· Department of Planning, Lands and Heritage

· Department of Transport

· Department of Communities

· Department of Justice/Department of Finance

· Development WA

· Kimberley Ports Authority

· Kimberley Development Commission

· Regional Development Australia Kimberley

· Broome International Airport

· Tourism WA

· Broome Visitors Centre

· West Kimberley Futures Alliance

· Bidyadanga Community

· Djarindjin Community

· Ardyaloon Community

· Main Roads WA

Since the adoption of LPS7 for advertising, which occurred at the July 2021 Council Meeting, LPS7 was referred to the Heritage Council of Western Australia and the Environmental Protection Authority pursuant to Section 79 and 81 of the Planning and Development Act respectively, and to the Western Australian Planning Commission pursuant to Regulation 21 of the Regulations. Consents were received to advertised LPS7.

The public comment period for draft LPS7 commenced on 9 December 2021 and concluded on 31 March 2022. The Shire sought approval from the WAPC to extend the advertising period beyond the 90-day maximum period specified in the Regulations. Approval was granted to extend the public comment period to the 31 March 2022 (total of 112 days) to account for the consultation being undertaken over the Christmas and New Year period.

Draft LPS7 was advertised for public comment in the following manner:

· A public notice in the Broome Advertiser on 9 December 2021;

· Display of documents and public notice on the Shire’s website;

· Display of documents and public notice at the Shire Administration Centre and Library;

· Notice in the Shire’s our shire news and newsletters;

· Updates on the Shire’s social media platforms.

STATUTORY ENVIRONMENT

Planning and Development Act 2005

72. Local government may prepare or adopt scheme

(1) Subject to section 71, a local government may —

(a) prepare a local planning scheme with reference to any land within its district, or with reference to land within its district and other land within any adjacent district; or

(b) adopt, with or without modifications, a local planning scheme proposed by all or any of the owners of any land with respect to which the local government might itself have prepared a scheme.

(2) A local government and another local government may —

(a) jointly prepare a local planning scheme with respect to land that is partly in the district of the first-mentioned local government and partly in the district of the other local government; or

(b) jointly adopt, with or without modifications, a local planning scheme proposed by all or any of the owners of any land with respect to which the local governments might themselves have prepared a scheme.

(2) Where a local planning scheme is prepared or adopted under subsection (2) a reference in this Act to the local government or responsible authority that is preparing or has prepared the scheme is to be read as a reference to the local governments that join in the preparation or adoption of the scheme.

79. Heritage Council’s advice to be sought in some cases

If an entry in the register established and maintained under the Heritage Act 2018 section 35(1) or in any local heritage survey prepared under section 103(1) of that Act relates to land or waters that are within or abut a local government district, the local government in preparing or amending a local planning scheme —

(a) is to refer the proposed scheme or amendment to the Heritage Council for advice in so far as any proposal under that scheme or amendment affects or may affect any such land or waters; and

(b) is to have regard to any advice given; and

(c) is not to proceed, without the consent of the Minister, with the proposal unless or until that advice has been received.

81. Proposed scheme or amendment to be referred to EPA

When a local government resolves to prepare or adopt a local planning scheme, or an amendment to a local planning scheme, the local government is to forthwith refer the proposed local planning scheme or amendment to the EPA by giving to the EPA —

(a) written notice of that resolution; and

(b) such written information about the local planning scheme or amendment as is sufficient to enable the EPA to comply with section 48A of the EP Act in relation to the local planning scheme or amendment.

Planning and Development (Local Planning Schemes) Regulations 2015

25. Consideration of submissions

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

(a) the day that is 120 days after the end of the submission period for the draft scheme; (b) the day that is 21 days after the receipt of a statement in respect of the draft scheme delivered under section 48F(2)(a) of the EP Act;

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

(d) a day approved by the Commission; submission period, in relation to a draft local planning scheme, means the period for making submissions that applies under regulation 22(3).

(2) The local government —

(a) must consider all submissions on a draft local planning scheme lodged with the local government within the submission period; and

(b) may, at the discretion of the local government, consider submissions on a draft scheme lodged after the end of the submission period but before the end of the consideration period.

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

(a) to support the draft scheme without modification; or

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

(c) not to support the draft scheme.

(4) If no submissions have been received within the submission period, the resolution referred to in subregulation

(3) must be passed as soon as is reasonably practicable after the end of the submission period.

POLICY IMPLICATIONS

A review of Local Planning Policies will be required to ensure they are compliant with the draft Scheme.

FINANCIAL IMPLICATIONS

The costs associated with the preparation of the new Scheme have been included in the 2020/21 and 2021/22 budgets.

RISK

Reputation

The potential reputational risk to the Shire resulting from extensive dissatisfaction with Scheme outcomes, has been managed by following the procedures required in legislation, a comprehensive Community Engagement Plan with a range of community engagement opportunities and key stakeholder meetings (including liaison with Government Agencies) as well as a series of Councillor workshops.

Financial

The key financial risk in the Scheme review relate to potential claims for injurious affection. This risk which arises under the provision of Part 11 of the Planning and Development Act 2005, has been managed by avoiding the reservation of private land for a public purpose.

Land currently zoned in terms of Local Planning Scheme No.6 that is proposed to be reserved in draft Scheme No.7, is under the care control and management of the Shire.

STRATEGIC ASPIRATIONS

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

Outcome Five - Responsible management of natural resources:

5.3 Adopt and encourage sustainable practices.

Outcome Six - Responsible growth and development with respect for Broome’s natural and built heritage:

6.1 Promote sensible and sustainable growth and development.

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

Outcome Seven – Safe, well connected, affordable transport options:

7.2 Provide safe, well connected paths and trails to encourage greater use of active transport.

VOTING REQUIREMENTS

Simple Majority

Council Resolution:

(Report Recommendation) Minute No. C/0522/035

Moved: Cr C Mitchell Seconded: Cr N Wevers

That Council:

1. Pursuant to Regulation 25 (2) of the Planning and Development (Local Planning Schemes) Regulations 2015, endorses the recommendations as outlined in Attachment 2 – Schedule of Submissions;

2. Pursuant to Regulation 25 (3)(b) of the Planning and Development (Local Planning Schemes) Regulations 2015, adopt the Shire of Broome Local Planning Scheme No 7 subject to the modifications outlined in Attachment 4 – Schedule of Modifications;

3. Pursuant to Regulation 28 (1) of the Planning and Development (Local Planning Schemes) Regulations 2015 forward the advertised Local Planning Scheme No 7 and the Schedule of Submissions and the Schedule of Modifications and this resolution to the Western Australian Planning Commission for final consideration;

4. Authorise the Director Development Services to make additional minor modifications to the maps and text as may be required for spelling/grammar/legibility by the Commission or authorised person.

CARRIED UNANIMOUSLY 6/0

Attachments

1.	Draft LPS7 Text
2.	Schedule of Submissions
3.	Submission from DoJ and DoF - Custodial Facility
4.	Schedule of Modifications

Minutes – Ordinary Council Meeting 26 May 2022 Page 1 of 2

9.3 Prosperity

9.3.1 EXPRESSIONS OF INTEREST - COMMUNITY STORAGE FACILITIES

LOCATION/ADDRESS: Portion of Reserve, 42502, Cable Beach Road East, Broome

APPLICANT: Varies

FILE: LSS268

AUTHOR: Senior Property and Leasing Officer

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Director Infrastructure

DISCLOSURE OF INTEREST: Nil

SUMMARY:

This report requests Council to consider entering into ‘Storage Unit Agreements’ with 15 Not-for-Profit Community Organisations for the use of the Community Storage Facility sheds located on a Portion of Reserve 42502 at the Broome Recreation and Aquatic Centre (BRAC).

BACKGROUND

Previous Considerations

OMC 26 February 2015 Item 9.1.2

OMC 10 June 2016 Item 6.2.1

OMC 29 September 2016 Item 9.1.4

OMC 28 September 2017 Item 9.2.12

In 2015 the Shire of Broome was successful in receiving funding from Lotterywest to construct a community storage facility on Reserve 42502 at BRAC. The intention of the storage facility was for the space to be used by community groups who do not have a facility or premise to operate from but have a need to store equipment associated with the purpose of the group.

Construction of the facility commenced in January 2017 and the project was completed in April 2017. The final design comprised a total of 16 storage bays ranging between 16.9sqm and 73.9sqm with a total useable area of 415.7sqm. Each storage unit has internal walls and lockable external roller doors. Some of the storage units have power. A floor plan of the units is attached (Attachment 1).

COMMENT

On the 25 March 2022, all current Licensees at the storage units were notified by the Shire that their current Storage Unit Agreements were due for expiry on 30 June 2022. The Licensees were advised that if they wish to pursue another license for their storage unit, they would be required to re- apply through a public Expression of Interest (EOI) process.

On 31 March 2022, the availability for the storage units was advertised for a two-week EOI to lease period. The EOI sought responses from community groups interested in leasing the premises for storage purposes. The EOI requested applicants apply addressing relevant compliance, eligibility, and assessment criteria to demonstrate their suitability for the storage units.

The EOI was advertised in the Broome Advertiser and on the Shire’s webpage on 31 March 2022 with submissions closing on 14 April 2022.

ASSESSMENT AND EVALUATION

Application forms were provided to all EOI enquiries for initial assessment. The questions within the EOI were the same as those listed in the initial EOI process in 2017. Those questions were;

· Is the applicant ‘not-for-profit’ (requirement under LotteryWest funding agreement).

· What purpose does the applicant require storage for?

· Does the applicant have access to any other storage facilities?

· Does the organisation have the capacity to cover the annual fees and charges?

Following the initial EOI period 22 submissions were received for a total of 16 storage units. To ensure Shire officers had the enough information to differentiate between the applications all applicants were provided with a further evaluation criteria submission document to complete and return to the Shire. The criteria document outlined how their EOI will be assessed against weighted criteria to determine the most suitable applicants.

The weightings were:

· Financial capacity to meet obligations of the lease (10%)

· Demonstrated benefit and social well being to the community (40%)

· Demonstrated level of governance to support longevity of tenure (10%)

· Demonstrated best utilisation of the storage unit (40%)

All 22 applicants returned the evaluation criteria submissions and these submissions were assessed by a panel of four Shire officers.

A summary of the applications and the panel’s assessment of the applications is included in the confidential Evaluation Report in Attachment 2.

RENT AND CURRENT MARKET CONDITIONS

The purpose of the LotteryWest funding was to ensure that Community Groups could access storage at minimal cost. With this purpose the licence agreement rates have been determined to cover only the outgoings, maintenance and renewal costs at the Storage Facility.

Cost	Total (Per annum)	Rate (Per sqm)
Outgoings - Insurance	$1,600.00	$3.80
Outgoings -Utilities	$1,000.00	$2.40
Outgoings - Maintenance Expenses	$1,000.00	$2.40
Outgoings – Total	$3,600.00	$8.60
Renewal fund (based on building life of 30 years)	$9,997.55	$25.70
Total Costs (415.7sqm)	$13,597.55	$32.71

The licence agreement rate for each agreement is then calculated by multiplying the area of the storage unit by $32.71 (excl. GST).

The licence agreement rate will be reviewed on an annual basis.

LICENCE AGREEMENT TERM

The current Licences at the storage units were for a term of two years plus an optional one year i.e. three years. Shire officers believe that it is more suitable to provide a single term agreement of five years as this reduces the frequency the community groups need to re-apply and intern lessens the frequency and workload of undertaking an EOI process.

In increasing the term of the agreement Shire officers acknowledge that it will be important to ensure the community groups continue to utilise the storage units for the intended purpose and also that the community groups remain active in the community and therefore continue to provide benefit to the community. Within the licence agreement the Shire will reserve the right to terminate the agreement should the community group not be able to demonstrate the above.

In accordance with the panel’s assessment in the confidential Evaluation Report (Attachment 2) the following community groups are recommended for licence agreements at the Community Storage Facility.

Name of Applicant	Recommend Storage Unit & Size	Annual Licence Fee Year 1
Rotary Club of Broome	#01 (73.9sqm)	$2,421.06 (plus GST)
Broome Saints Football	#02 (20.1sqm)	$658.50 (plus GST)
Kimberley Wildlife Rehabilitation Inc	#03 (20.6sqm)	$674.88 (plus GST)
Marrugeku Inc	#04 (19.7sqm)	$645.04 (plus GST)
West Kimberley Junior Football League	#05 (19.7sqm)	$645.40 (plus GST)
Dinosaur Coast Management	#06 (19.7sqm)	$645.40 (plus GST)
Broome Soccer Association	#07 (16.9sqm)	$553.67 (plus GST)
SAFE Broome	#08 (34.7sqm)	$1,136.82 (plus GST)
Shinju Matsuri Committee Inc	#09 (34.7sqm)	$1,136.82 (plus GST)
Wasamba Incorporated	#10 (17.6sqm)	$576.60 (plus GST)
Saltwater Country	#11 (17.1sqm)	$576.60 (plus GST)
Little Athletics	#12 (17.1sqm)	$576.60 (plus GST)
Kimberley Stolen Generation	#13 (17.6sqm)	$576.60 (plus GST)
Theatre Kimberley Inc	#14 (34.7sqm)	$1,136.82 (plus GST)
Theatre Kimberley Inc	#15 (34.7sqm)	$1,136.82 (plus GST)
Broome Pearlers Sport	#16 (16.9sqm)	$553.67 (plus GST)

CONSULTATION

The EOI was advertised in the Broome Advertiser and on the Shire’s webpage on 31 March 2022 with submissions closing on 14 April 2022.

STATUTORY ENVIRONMENT

Under section 30(2)(b) of the Local Government (Functions And General) Regulations 1996 the disposal of property to a body that is charitable, benevolent, religious, cultural, educational, recreational, sporting or other like nature is exempt from section 3.58 of the Local Government Act, Disposal of Property.

Under Section 18 of the Land Administration Act 1997 prior to entering into a licence agreement in respect of Crown Land in a managed reserve the Shire must obtain the written approval from the Minster for Lands.

POLICY IMPLICATIONS

NIL

FINANCIAL IMPLICATIONS

All outgoings, maintenance and future renewal costs are covered by the licensee fee.

RISK

Should the officer recommendation not be supported the recommended community groups will be without storage. This presents as high reputational risk to the Shire as we have community storage available for use.

STRATEGIC IMPLICATIONS

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

Outcome Nine – A strong, diverse and inclusive economy where all can participate:

9.4 Support business growth, innovation and entrepreneurship.

VOTING REQUIREMENTS

Simple Majority

Council Resolution:

(Report Recommendation) Minute No. C/0522/036

Moved: Cr N Wevers Seconded: Cr C Mitchell

That Council:

1. Enter into licence agreements for the Storage Units located on Reserve 42502, Cable Beach Road East, Broome with;

a) Rotary Club of Broome, Unit 1

b) Broome Saints Football, Unit 2

c) Kimberley Wildlife Rehabilitation Inc, Unit 3

d) Marrugeku Inc, Unit 4

e) West Kimberley Junior Football League, Unit 5

f) Dinosaur Coast Management, Unit 6

g) Broome Soccer Association, Unit 7

h) SAFE Broome, Unit 8

i) Shinju Matsuri Committee Inc, Unit 9

j) Wasamba Incorporated, Unit 10

k) Saltwater Country, Unit 11

l) Little Athletics, Unit 12

m) Kimberley Stolen Generation, Unit 13

n) Theatre Kimberley Inc, Unit 14

o) Theatre Kimberley Inc, Unit 15

p) Broome Pearlers Sport, Unit 16

2. Authorises the Chief Executive Officer to seek Ministerial approval and negotiate the final terms and conditions of the licence agreements in line with:

a) The Licensee to be responsible for paying, in advance, the annual license fee.

b) The term of the licence agreements to be 5 years, commencing from 1 July 2022.

c) The Licensee to continue to operate as per the purpose set out in the application and to the benefit of the community.

CARRIED UNANIMOUSLY 6/0

Attachments

Storage Unit Floor Plans

Evaluation Report - Community Storage Units (Confidential to Councillors and Directors Only)

Minutes – Ordinary Council Meeting 26 May 2022 Page 1 of 2

9.4 Performance

9.4.1 CORPORATE COMMUNICATION AND ENGAGEMENT STRATEGY

LOCATION/ADDRESS: Nil

APPLICANT: Nil

FILE: COM08

AUTHOR: Marketing & Communications Coordinator

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Chief Executive Officer

DISCLOSURE OF INTEREST: Nil

SUMMARY:

The draft Corporate Communication and Engagement Strategy 2022 – 2027 (CCES) details methods and measures for the Shire of Broome to engage with residents, ratepayers, stakeholders and the wider community.

The draft Strategy was presented to the Ordinary Council Meeting on 24 February 2022 to advertise for a four-week public comment period. Engagement activities were undertaken by Shire officers, with 226 participating community members.

This report presents the final CCES document for consideration of adoption.

BACKGROUND

Previous Considerations

OMC 24 February 2022 Item 9.4.1

The Shire of Broome has a number of internal policies related to communications and engagement, including Business Operating Procedures for media releases, Shire newsletters and the provision of public information.

Council adopted a Community Engagement Framework at the Ordinary Meeting of Council held on 1 November 2012. This document was reviewed and converted to the new Policy Template, and endorsed again by Council, at the Ordinary Meeting of Council on 12 December 2019.

The Shire of Broome, however, does not have an overarching Corporate Communication and Engagement Strategy (CCES) to tie these documents together. The CCES project was included in the Shire’s Corporate Business Plan 2021-2025 (CBP) with the CCES project scheduled to be completed in the 2021-22 financial year.

Broome-based communications firm Harby Studios was awarded RFQ 21-33 on 1 September 2021 to provide specialist consultancy services throughout the CCES project.

In September and October 2021, a desktop review of the Shire’s current processes was undertaken, in addition to research on what tools other local governments across Western Australia use to engage and communicate with their communities.

Numerous internal meetings between Shire staff have taken place, while a Councillor workshop was held on 2 November 2021 (Councillors Tracey, Male, Mitchell, Rudeforth, Taylor and Wevers were in attendance) to get invaluable feedback and direction from Councillors.

Following this a draft CCES was compiled and workshopped with Councillors on 8 February 2022, with Councillors Tracey, Mitchell, Rudeforth, Taylor, Wevers, Foy and Matsumoto in attendance.

At the February 2022 Ordinary Council Meeting, Councillors unanimously voted to facilitate a four-week public comment period from 25 February to 25 March.

COUNCIL RESOLUTION:

(REPORT RECOMMENDATION) Minute No. C/0222/021

Moved: Cr N Wevers Seconded: Cr C Mitchell

That Council:

1. Notes the draft Corporate Communication and Engagement Strategy as attached (Attachment 1);

2. Endorses the Corporate Communication and Engagement Strategy Community Engagement Plan as attached (Attachment 2); and

3. Requests the Chief Executive Officer to commence a four-week public comment period from 25 February to 25 March 2022 to enable community input into the draft Strategy.

CARRIED UNANIMOUSLY 6/0

During the four-week public comment period, 226 surveys were completed by community members and interested parties.

Shire officers held two Community Information Sessions, with four community members in attendance. Three engagement stalls were held at the Courthouse Markets, Broome Boulevard and Paspaley Plaza.

The public comment period was advertised through nine social media posts, two e-newsletters and in a Shire News advertisement in the Broome Advertiser newspaper.

COMMENT

Through the public comment period a wide range of thoughts and opinions were gathered, while specific questions related to communication and engagement were asked through the survey.

When asked what platforms the Shire should use to communicate with the community, Facebook/Instagram (161/226) ranked highest, followed by the Broome Advertiser (108/226) and Triple M Broome (66/226).

Survey respondents were asked what new communication or engagement techniques the Shire should implement. The establishment of events calendar (133/226) ranked highest, followed by additional explanatory videos (119/226) and outdoor advertising (66/226).

The majority of survey respondents (152/226) were subscribed to the Shire’s e-newsletter or wanted to subscribe.

Survey respondents were asked how they wanted to be engaged with. Market stalls (116/226) ranked highest, followed by engagement stalls at shopping centres (107/226) and online platforms such as project websites (105/226).

Survey respondents were asked if they paid attention to posters/flyers on physical noticeboards around Broome. The response was split, with 38 per cent (85/226) saying they did and 61 per cent (137/226) saying they did not. Four people did not answer the question.

Survey respondents were asked if they attended Shire community events, with 65 per cent (146/226) saying they did and 32 per cent (72/226) saying they did not. Eight people did not answer the question.

Overall, this feedback fits in with the draft CCES Strategy, as it shows that the community wants the Shire to prioritise communication and engagement methods already in use, or new initiatives that were included in the draft.

Key Themes from the public comment period are summarised in the table below:

Theme

Comment / Response

Recommended Changes to draft CCES

Be more proactive in terms of engagement.

Community members want engagement sessions to be held not only in the Shire’s administration building, but in the community at different venues. A train of thought of ‘go to where the people are’ was apparent through the public comment period.

No recommended changes – already included in draft under Priority 3 and Priority 6.

Outdoor signage and noticeboards are important for less tech-savvy community members.

The use of outdoor signage was brought up by both Councillors and community members, with further exploration of cost required by Shire officers.

While 61 per cent of survey respondents said they did not pay attention to physical noticeboards, it is clear that there is still a sizeable section of the community that use physical noticeboards to get news.

No recommended changes – already included in draft under Priority 3 and Priority 7.

Positive feedback in relation to social media and e-newsletters.

Social media and e-newsletters are clearly effective ways for the Shire to engage with our community.

Increasing the quantity of e-newsletters and frequency of social media posts should be a priority.

Additional action added under Priority 3 –

Increase the quantity of e-newsletters and frequency of social media posts.

Positive feedback in relation to stalls at markets and other locations in Broome.

Community members ranked engagement stalls at the markets and shopping centres highly, with the face-to-face opportunity to engage with Shire officers clearly valued.

The Shire has already increased engagement stalls in 2021, with this to continue moving forward.

Holding stalls at other venues and at different events would clearly be beneficial and needs to be established.

No recommended changes – already included in draft under Priority 6.

The Shire needs to communicate how feedback and engagement with the community is used.

People taking the time to provide the Shire with feedback and engagement need to know how their input has been used.

This responsibility has generally fallen to project managers or specific officers in the past, but internal processes need to be amended to ensure community members who contribute are contacted afterwards to explain how their feedback was incorporated.

The Shire clearly values community feedback, but needs to improve how it articulates this part of the process.

Additional action under Priority 3

Ensure community members who provide feedback or input are told how their participation has impacted Shire actions.

The Shire needs to improve engagement with Aboriginal community members.

The Shire values and respects the Aboriginal community and currently endeavours to encourage public participation.

However, different methods of engagement are required to ensure Aboriginal voices are heard and feedback is prominent in decision making.

Additional action under Priority 3

Ensure all relevant information and opportunities for public participation are being circulated to Aboriginal communities outside of the Broome township and up the Dampier Peninsula.

The Shire’s website has too much content.

The Shire’s website was redeveloped in 2020 but there are currently over 250 pages of information available.

Another website audit is required to streamline this content and make it easier to navigate for community members.

No recommended changes – already included in draft under Priority 3.

The general consensus of public comments was that the Shire’s communication and engagement has improved in recent years, but it is clear that more work is required to ensure the entire community has access to relevant information and the opportunity to participate.

As such, using as many different methods to encourage public participation is required to continue this improvement.

The inclusion of eight priorities and 47 actions in the CCES will help Shire officers to be targeted, considered and thorough in future communication and engagement.

CONSULTATION

An endorsed Community Engagement Plan was followed by Shire officers through the four-week public comment period. (Attachment 2)

This led to the following public participation:

· 226 Survey responses received – 199 digital and 107 hard copy.

· Two Community Information Sessions held on March 16.

· Engagement stall held at Courthouse Markets on March 19.

· Engagement stall held at Broome Boulevard on March 22.

· Engagement stall held at Paspaley Plaza on March 23.

STATUTORY ENVIRONMENT

NIL

POLICY IMPLICATIONS

NIL

FINANCIAL IMPLICATIONS

The CCES has been compiled under the assumption that the Shire’s resources from a resourcing and budgetary perspective will remain the same as they currently are for the five-year duration of the strategy.

Most of the actions contained within the Strategy are improvements that can be made internally. Where there is additional cost required, this can be absorbed by the Shire’s existing marketing budget.

To facilitate targeted marketing campaigns, a modest additional budgetary allocation may be required.

RISK

NIL

STRATEGIC ASPIRATIONS

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

Outcome One - A safe community:

1.3 Increase awareness and engagement in community safety education and crime prevention programs.

Outcome Four - An inclusive community that celebrates culture, equality and diversity:

4.1 Grow knowledge, appreciation and involvement in local art, culture and heritage.

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

Outcome Twelve – A well informed and engaged community:

12.1 Provide the community with relevant, timely information and effective engagement.

VOTING REQUIREMENTS

Simple Majority

Council Resolution:

(Report Recommendation) Minute No. C/0522/037

Moved: Cr P Taylor Seconded: Cr N Wevers

That Council:

1. Notes the feedback received from the public in relation to the Shire of Broome Corporate Communication and Engagement Strategy.

2. Endorses the Shire of Broome Corporate Communication and Engagement Strategy as an informing document under the Shire’s Integrated Planning and Reporting Framework.

CARRIED UNANIMOUSLY 6/0

Attachments

1.	CCES Community Engagement Plan
2.	Corporate Communication and Engagement Strategy

Minutes – Ordinary Council Meeting 26 May 2022 Page 1 of 2

9.4.4 MONTHLY STATEMENT OF FINANCIAL ACTIVITY REPORT - APRIL 2022

LOCATION/ADDRESS: Nil

APPLICANT: Nil

FILE: FRE02

AUTHOR: Finance Officer - Revenue

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Director Corporate Services

DISCLOSURE OF INTEREST: Nil

SUMMARY:

Council is required by legislation to consider and adopt the Monthly Statement of Financial Activity Report for the period ended 30 April 2022, as required by Regulation 34(1) of the Local Government (Financial Management) Regulations 1996 (FMR).

BACKGROUND

Previous Considerations

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

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

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

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

COMMENT

The 2021/22 Annual Budget was adopted at the Ordinary Meeting of Council on 24 June 2021. The following are key indicators supporting the year to-date budget position with respect to the Annual Forecast Budget:

Budget Year elapsed 83%

Total Rates Raised Revenue 100% (of which 95% has been collected)

Total Other Operating Revenue 76%

Total Operating Expenditure 76%

Total Capital Revenue 40%

Total Capital Expenditure 50%

Total Sale of Assets Revenue 22%

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

Based on the 2021/22 Annual Budget presented at the Ordinary Meeting of Council on 24 June 2021, Council adopted a balanced budget to 30 June 2022.

CONSULTATION

Nil.

STATUTORY ENVIRONMENT

Local Government (Financial Management) Regulations 1996

34. Financial activity statement report — s. 6.4

(1A) In this regulation —

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

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

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

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

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

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

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

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

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

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

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

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

(a) according to nature and type classification;

(b) by program; or

(c) by business unit.

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

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

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

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

Local Government Act 1995

6.8. Expenditure from municipal fund not included in annual budget

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

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

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

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

* Absolute majority required.

(1a) In subsection (1) —

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

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

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

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

POLICY IMPLICATIONS

Nil.

FINANCIAL IMPLICATIONS

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

RISK

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

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

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

STRATEGIC corporate plan objectives

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

Outcome Eleven – Effective leadership, advocacy and governance:

11.2 Deliver best practice governance and risk management

Outcome Twelve – A well informed and engaged community:

12.1 Provide the community with relevant, timely information and effective engagement

Outcome Thirteen - Value for money from rates and long term financial sustainability:

13.1 Plan effectively for short and long term financial sustainability

13.2 Improve real and perceived value for money from rates

Outcome Fourteen – Excellence in organisational performance and service delivery:

14.3 Monitor and continuously improve performance levels.

VOTING REQUIREMENTS

Simple Majority

Council Resolution:

(Report Recommendation) Minute No. C/0522/040

Moved: Cr P Taylor Seconded: Cr C Mitchell

That Council adopts the Monthly Financial Activity Statement Report for the period ended 30 April 2022 as attached.

CARRIED UNANIMOUSLY 6/0

Attachments

1.	Monthly Statement of Activity April 2022

Minutes – Ordinary Council Meeting 26 May 2022 Page 1 of 2

Cr H Tracey declared a financial interest in item 9.2.3, the reason being “Owner of building company that is completing this project”.

Cr H Tracey left the Chambers at 6:21 pm and did not return.

9.2.3 DEVELOPMENT APPLICATION - ALFRESCO DINING WITHIN THE ROAD RESERVE

LOCATION/ADDRESS: Road Reserve Adjoining Lot 301 (No. 2) Challenor Drive, Cable Beach

APPLICANT: Philip Thompson

FILE: CHA-1/2

AUTHOR: Coordinator Planning Services

CONTRIBUTOR/S: Nil

RESPONSIBLE OFFICER: Director Development Services

DISCLOSURE OF INTEREST: Nil

SUMMARY:

The Shire has received an application for development approval for additional seating dining floor area within the road reserve adjoining Lot 301, No. 2 Challenor Drive, Cable Beach.

The application has been assessed against the Shire’s Local Planning Scheme No 6 (LPS6), Local Planning Policy 5.1 – Outdoor Dining (LPP 5.1) and Local Planning Policy 5.6 – Parking (LPP 5.6). The application is being referred to Council for determination as LPP5.6 requires a decision of Council when an application proposes a variation to the parking ratios as set out in Schedule 9 of LPS6.

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

BACKGROUND

Previous Considerations

Nil.

Site and Surrounds

The subject site is a 180m² portion of the road reserve which adjoins Lot 301, No. 2 Challenor Road. Lot 301 and the adjoining lots are zoned ‘Tourist’ under Local Planning Scheme No 6 (LPS6).

In November 2006, the Shire received a request on behalf of the landowner of Lot 301 Challenor Drive to purchase the adjacent portion of road reserve for the purpose of extending commercial uses. A report was put to the Ordinary Meeting of Council (OMC) in May 2007 where Council resolved to initiate procedures to close the portion of Challenor Drive adjacent to Lot 301, subject to a new alternative link being provided to retain connection from Challenor via a new 'T junction' intersection with Sanctuary Drive. The plan below indicates the portion of the road reserve which is to be amalgamated into Lot 301:

The proposed closure was advertised for public comment and was referred to the OMC of 27 September 2007 for formal consideration where it was supported. The Council resolution supporting the closure and the request to amalgamate the portion of the road reserve into Lot 301 was then forwarded through to the Department of Planning, Lands and Heritage (DPLH).

DPLH subsequently undertook its statutory due diligence process for the closure of the road and subsequently made an offer to the owners of Lot 301 subject to the payment of monies and the relocation of service infrastructure. Following the relocation of services, the proposal got lost in a restructure of DPLH and the final documents were never lodged at Landgate.

The proponent contacted DPLH in February of this year, who have initiated the process to finalise the road closure and amalgamation. DPLH expects there to be no further complications, and the closure of the road reserve and amalgamation should be finalised by Landgate and reflected on plans in approximately 2-3 months. A plan indicating the extent of the road reserve closure and amalgamation is provided in Attachment 1.

Assessment of this application is undertaken based on the lot boundaries in their current location as the amalgamation of the road reserve into Lot 301 Challenor Drive has not occurred at the time of writing of this report. The aerial below indicates the portion of the road reserve to be used for alfresco dining:

Proposed Development

The application is seeking approval to offer outdoor dining for the patrons of the restaurant operating from Lot 301 Challenor Drive on a portion of the grassed area within the adjoining road reserve. The application does not propose the erection of any permanent structures, with dining tables, chairs and umbrellas removed from the area each day outside of operating hours. Despite offering additional dining floor area, the proposal will not result in an increase in patron numbers as the business is currently licensed for a maximum of 120 people.

It is noted that the application is being presented to Council as Clause 1.5 of LPP5.6 requires any application proposing a variation to the car parking ratios in Schedule 9 of LPS6 to be determined by Council. The application proposes a variation to the number of car parking bays required due to the increase in dining floor area offered by the restaurant.

COMMENT

An assessment of the application against the Shire’s Local Planning Framework is set out below.

Local Planning Scheme No.6 and Local Planning Policy 5.6- Parking

The application is seeking to increase the amount of dining floor area for the restaurant use into a portion of the adjoining road reserve. A copy of the application plans is included as Attachment 2.

Schedule 9 of LPS6 requires one car parking bay per 6m² of dining area to be provided. Therefore, an additional 30 on-site car parking bays are required based on the application proposing an increase of 180m²of dining area. Despite the additional dining floor area, the applicant is not providing any additional car parking spaces or providing a cash-in-lieu payment for the shortfall proposed.

Clause 1.4 of LPP 5.6 advises the following:

1.4 If an application for development approval does not comply with the parking ratios in Schedule 9 of LPS6 and:

• the applicant does not seek to meet the parking demand by any other means provided under this Policy; or

• it cannot be considered as reciprocal parking under clause 1.5 below.

the applicant must demonstrate that the ratio contained in Schedule 9 exceeds the demand for car parking generated by the development. In this regard the applicant must supply the following information:

a) Empirical evidence, supported by advice from a qualified traffic engineer, that the ratios in Schedule 9 are not appropriate for the type or scale of development proposed. The empirical evidence could be in the form of a traffic survey undertaken of a similar existing development during peak tourist season; and/or

b) Reductions to the parking rate may be considered if it is shown that there will be internal trip capture.

Whilst the above information has not been provided, the application is considered acceptable given the maximum occupancy will remain capped at 120 patrons on site at any given time. The additional dining area will therefore not result in an increase in trip generation beyond the situation which currently exists. A condition of approval is recommended to limit the maximum occupancy of the restaurant to 120 to ensure that the Shire can assess the impact on car parking if the operator were to intend on increasing the occupancy of the restaurant in the future.

Local Planning Policy 5.1 – Outdoor Dining

Local Planning Policy 5.1 – Outdoor Dining (LPP 5.1), seeks to encourage where appropriate outdoor dining and streetscape activity to enhance the visual amenity and perception of outdoor lifestyle associated with Broome. It also seeks to provide a safe area for establishment of outdoor dining areas, so they do not jeopardise the safety of patrons, pedestrians or motorists. Please refer to the Table 1 below for an overview of this application against the Policy:

Table 1

Clause No.	Clause	Development Assessment
Clause 1.1	An application for an outdoor dining licence under the Local Law and application for development approval under LPS6 must be submitted and approved prior to the commencement of outdoor dining.	Applicant is aware that an outdoor dining license under the Local Law will be required. As discussed above, DPLH are in the process of finalising a request to close the portion of the road reserve that is subject to this application and amalgamate the land within Lot 301 Challenor Road. The outdoor dining license will be required until the process has been finalised and the land transfer has been completed.
Clause 1.3	A minimum of 2.0 metres of the footpath must remain unobstructed adjacent to any outdoor dining area.	The proposed dining area is wholly contained within a grassed portion of the road reserve. The dining area will not obstruct any public footpath.
Clause 1.4	The outdoor dining areas must be located in a manner, which does not obstruct kerbside parking.	The proposed dining area is wholly contained within a grassed portion of the road reserve. The dining area will not obstruct any public footpath.
Clause 1.5	The outdoor dining areas must be suitably located with respect to adjacent street furniture, so that these features are not unreasonably obstructed and at all times a minimum 2.0 metre unobstructed footpath is maintained.	The proposed dining area is wholly contained within a grassed portion of the road reserve. The dining area will not obstruct any public footpath.
Clause 1.6	The outdoor dining area must be located immediately adjacent to an eating-house. Where it proposed to be located adjacent to the kerb, suitable access will need to be provided for parked vehicles and safety barriers may be required.	The outdoor dining area is located immediately adjacent to the associated eating house. As discussed above, DPLH are in the process of finalising a request to close the portion of the road reserve that is subject to this application and amalgamate the land within Lot 301 Challenor Road. Given the location of car parking bays directly adjacent to the proposed outdoor dining area, a condition of approval is recommended to require the installation of safety barriers between the car parking bays and the outdoor dining area.
Clause 1.7	Licensees must maintain public liability insurance cover relating to all items and operations within the road reserve. Insurance cover must be not less than $10,000,000 and be from a reputable underwriter.	Public liability insurance will be required to receive an outdoor dining license under the Local Law.
1.8	All tables, chairs, barriers, umbrellas to be of a weight and construction so as not to move in a strong breeze. Before the wind reaches strength where any of the furniture could move, the furniture must be removed from the outdoor dining area. All furniture is to be removed immediately once a blue alert for a cyclone is issued and not replaced until the all clear is given.	Requirement for suitable furniture is recommended to be imposed by way of a condition of approval.
1.9	The eating-house relating to the outdoor dining area must have sufficient toilet facilities to cater for the additional seating.	The maximum occupancy for the restaurant is not proposed to be increased as part of this application. As such, the existing toilet facilities provided on site are acceptable.
1.10	All street furniture must be removed from the road reserve outside of the hours of operation as stipulated on the licence issued.	A condition of approval is recommended to remove all street furniture from the road reserve outside of the hours of operation.

Given the above, the application is considered to meet the relevant provisions of Local Planning Scheme No 6, LPP 5.1 and LPP 5.6. As such, it is recommended Council issue development approval for the outdoor dining area.

CONSULTATION

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

STATUTORY ENVIRONMENT

Planning and Development Act 2005

Planning and Development (Local Planning Schemes) Regulations 2015

Local Planning Scheme No.6

POLICY IMPLICATIONS

LPP 5.1 – Outdoor Dining

LPP 5.6 – Parking applies to the assessment of this application. The proposal is consistent with the Policy provisions.

FINANCIAL IMPLICATIONS

Nil.

RISK

Nil.

STRATEGIC ASPIRATIONS

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

Outcome One - A safe community:

1.2 Modify the physical environment to improve community safety.

Outcome Three - A healthy, active community:

3.2 Improve access to sport, leisure and recreation facilities, services and programs

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

Outcome Six - Responsible growth and development with respect for Broome’s natural and built heritage:

6.3 Create attractive, sustainable streetscapes and green spaces.

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

Outcome Nine – A strong, diverse and inclusive economy where all can participate:

9.4 Support business growth, innovation and entrepreneurship.

VOTING REQUIREMENTS

Simple Majority

Council Resolution:

(Report Recommendation) Minute No. C/0522/041

Moved: Cr B Rudeforth Seconded: Cr C Mitchell

That Council:

1. Approve the application for development approval 2022/42 to ‘operate within the road reserve for the purpose of outdoor dining associated with the restaurant use’ at Lot 301, No. 2 Challenor Drive, Cable Beach 6726 subject to the following conditions.

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

(b) The restaurant use is permitted to operate at maximum capacity of 120 patrons on site and any one time. The maximum occupancy shall include the area utilised within the road reserve.

(c) Prior to its initial occupation, a safety barrier shall be installed between the existing car parking bays and the proposed outdoor dining area. Prior to being installed, details relating to the safety barrier shall be submitted to the Shire of Broome.

(d) All tables, chairs, barriers, umbrellas to be of a weight and construction so as not to move in a strong breeze. Before the wind reaches strength where any of the furniture could move, the furniture must be removed from the outdoor dining area. All furniture is to be removed immediately once a blue alert for a cyclone is issued and not replaced until the all clear is given.

CARRIED UNANIMOUSLY 5/0

Attachments

1.	Portion of road reserve to be amalgamated into Lot
2.	Plans of Outdoor Dining

1.	Execution of Documents Policy (New)
2.	Execution of Documents and Application of Common Seal Policy (to be retired)
3.	Execution of Documents on Behalf of the Shire of Broome Authorisation (to be retired)