Bunbury City Council Notice of Meeting and Agenda 29 ... and... · CITY OF BUNBURY 4 Stephen Street...

CITY OF BUNBURY 4 Stephen Street

Bunbury WA 6230 Western Australia

Correspondence to: Post Office Box 21

Bunbury WA 6231

Telephone: (08) 9792 7234 ◌ Facsimile: (08) 9792 7184 ◌ TTY: (08) 9792 7370 ◌ www.bunbury.wa.gov.au

Bunbury City Council Notice of Meeting and Agenda 29 November 2016

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Table of Contents

Item No Subject Page

1. Declaration of Opening / Announcements of Visitors............................................................................ 1

2. Disclaimer ............................................................................................................................................... 2

3. Announcements from the Presiding Member ........................................................................................ 2

4. Attendance ............................................................................................................................................. 2

4.1 Apologies ............................................................................................................................... 2 4.2 Approved Leave of Absence .................................................................................................. 2

5. Declaration of Interest ............................................................................................................................ 3

6. Public Question Time .............................................................................................................................. 3

6.1 Public Question Time ............................................................................................................. 3 6.2 Responses to Public Questions Taken ‘On Notice’ ................................................................ 3

7. Confirmation of Previous Minutes and other Meetings under Clause 19.1 ........................................... 4

7.1 Minutes .................................................................................................................................. 4 7.1.1 Minutes – Ordinary Council Meeting ..................................................................... 4 7.1.2 Minutes – Council Advisory Committees and Working/Project Groups ............... 4

8. Petitions, Presentations, Deputations and Delegations ......................................................................... 5

8.1 Petitions ................................................................................................................................. 5 8.2 Presentations ......................................................................................................................... 5 8.3 Deputations ........................................................................................................................... 5 8.4 Council Delegates’ Reports .................................................................................................... 5 8.5 Conference Delegates’ Reports ............................................................................................. 6

8.5.1 Conference Delegates Report – Councillor Wendy Giles – ICTC Conference 2016 ............................................................................................................... 6

8.5.2 Conference Delegates Report – Councillor Murray Cook –CEO Performance Appraisals Training– CLGF Bunbury, 17 November, 2016 ..................................... 7

9. Method of Dealing with Agenda Business .............................................................................................. 8

10. Reports .................................................................................................................................................... 9

10.1 Recommendations from Advisory Committees ..................................................................... 9 10.1.1 Auditors Report and Annual Financial Statements for the year ending 30

June 2016 ............................................................................................................... 9 10.1.2 2015/16 Audit Findings Report ............................................................................ 13 10.1.3 Financial Management Systems and Procedures Review ................................... 15 10.1.4 Audit Regulation 17 Review ................................................................................. 17 10.1.5 Community Access Committee - South West Sports Centre Audit of Tactile

Placements ........................................................................................................... 22 10.1.6 Community Access Committee – Recommendations Bunbury Waterfront

Project Playground Area ...................................................................................... 24 10.2 Chief Executive Officer Reports ........................................................................................... 26

10.2.1 Budget Review October 2016 .............................................................................. 26 10.2.2 Financial Management Report for the Period Ending 31 October 2016 ............. 30

Table of Contents

Item No Subject Page

10.2.3 Schedule of Accounts Paid for the 1 October 2016 to 31 October 2016 ............ 36 10.3 Director Corporate and Community Services ...................................................................... 37 10.4 Director Planning, Development and Regulatory Services Reports .................................... 38

10.4.1 Proposed Home Business (Beauty Salon) – Lot 13 #33 Stirling Street, Bunbury ............................................................................................................. 38

10.4.2 Final Approval of Proposed Scheme Amendment 88 to Modify Special Use Zone No. 34 – Sanctuary Golf Resort Lot 105 Old Coast Road, Bunbury ............. 45

10.4.3 Retrospective Approval for Home Business (Beauty Salon) - #6 Alyxia Drive, Glen Iris ............................................................................................................. 51

10.5 Director Works and Services Reports .................................................................................. 57

11. Applications for Leave of Absence ........................................................................................................ 58

12. Motions on Notice ................................................................................................................................ 58

13. Questions on Notice ............................................................................................................................. 58

13.1 Response to Previous Questions from Members taken on Notice...................................... 58 13.2 Questions from Members .................................................................................................... 58

14. New Business of an Urgent Nature Introduced by Decision of the Meeting ....................................... 58

15. Meeting Closed to Public ...................................................................................................................... 59

15.1 Matters for which the Meeting may be Closed ................................................................... 59 15.1.1 Tender – Plumbing and Gas Maintenance Services RFT1617-0003 ................... 60 15.1.2 Quotation – Lease of Cardio and Strength Equipment – South West Sports

centre RFQ1617-00021 ........................................................................................ 61 15.2 Public Reading of Resolutions that may be made Public ..................................................... 62

16. Closure .................................................................................................................................................. 62

29 November 2016 Agenda – Council Meeting

Nature of Council’s Role in Decision Making Advocacy: When Council advocates on its own behalf or on behalf of its community to

another level of government/body/agency. Executive/Strategic: The substantial direction setting and oversight role of the Council, e.g. adopting

plans and reports, accepting tenders, directing operations, setting and amending budgets.

Legislative: Includes adopting local laws, town planning schemes and policies. Review: When Council reviews decisions made by Officers. Quasi-Judicial: When Council determines an application/matter that directly affects a person’s

rights and interests. The Judicial character arises from the obligations to abide by the principles of natural justice.

Examples of Quasi-Judicial authority include town planning applications, building licences, applications for other permits/licences (e.g. under Health Act, Dog Act or Local Laws) and other decisions that may be appealable to the State Administrative Tribunal.


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Bunbury City Council Notice of Meeting

The next Ordinary Meeting of the Bunbury City Council will be held in the Council Chambers, City of Bunbury Administration Building, 4 Stephen Street, Bunbury on Tuesday, 29 November 2016 at 5.30pm.

Andrew Brien Chief Executive Officer (Date of Issue: 25 November 2016)

Agenda 29 November 2016

Note: The recommendations contained in this document are not final and are subject to adoption, amendment (or otherwise) at the meeting.

Council Members: Mayor Gary Brennan Deputy Mayor Brendan Kelly Councillor Wendy Giles Councillor James Hayward Councillor Judy Jones Councillor Jaysen Miguel Councillor Michelle Steck Councillor Karen Steele Councillor Sam Morris Councillor Betty McCleary Councillor Monique Warnock Councillor Joel McGuinness Councillor Murray Cook

1. Declaration of Opening / Announcements of Visitors


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2. Disclaimer All persons present are advised that the proceedings of this meeting will be recorded for record keeping purposes and to ensure accuracy in the minute taking process, and will also be streamed live via the internet to the public.

3. Announcements from the Presiding Member

4. Attendance

4.1 Apologies

4.2 Approved Leave of Absence


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5. Declaration of Interest

Members should fill in Disclosure of Interest forms for items in which they have a financial, proximity or impartiality interest and forward these to the Presiding Member before the meeting commences. Section 5.60A: “a person has a financial interest in a matter if it is reasonable to expect that the matter will, if dealt with by the local government, or an employee or committee of the local government or member of the council of the local government, in a particular way, result in a financial gain, loss, benefit or detriment for the person.” Section 5.60B: “a person has a proximity interest in a matter if the matter concerns – (a) a proposed change to a planning scheme affecting land that adjoins the person’s land; or (b) a proposed change to the zoning or use of land that adjoins the person’s land; or (c) a proposed development (as defined in section 5.63(5)) of land that adjoins the person’s

land.” Regulation 34C (Impartiality): “interest means an interest that could, or could reasonably be perceived to, adversely affect the impartiality of the person having the interest and includes an interest arising from kinship, friendship or membership of an association.”

Cr Miguel declared a financial interest in the item titled “Final Approval of Proposed Scheme Amendment 88 to Modify Special Use Zone No. 34 – Sanctuary Golf Resort Lot 105 Old Coast Road, Bunbury” as his father is a director of Southern Golf. Cr Miguel will leave the chamber for the duration of the discussion and the vote on the matter.

6. Public Question Time

In accordance with Reg. 7(4)(a) of the Local Government (Administration) Regulations 1996, members of the public in attendance at the meeting may stand, state aloud their name and address, and ask a question in relation to any matter over which the municipality of Bunbury has jurisdiction or involvement. In accordance with Standing Order 6.7(3)(a) a person wishing to ask a question, must complete a question form which is provided in the trays at the back of the public gallery and on the City’s website. The completed form must include your name and address and contain no more than three (3) questions. If your question requires research or cannot be answered at the meeting, it will be taken on notice and you will receive a written response and a summary of your question (and any responses provided) will be printed in the minutes of the meeting.

6.1 Public Question Time

6.2 Responses to Public Questions Taken ‘On Notice’


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7. Confirmation of Previous Minutes and other Meetings under Clause 19.1

7.1 Minutes

7.1.1 Minutes – Ordinary Council Meeting The minutes of the Ordinary meeting of the Bunbury City Council held 15 November 2016 have been circulated. Recommendation The minutes of the Ordinary meeting of the Bunbury City Council held 15 November 2016 be confirmed as a true and accurate record.

7.1.2 Minutes – Council Advisory Committees and Working/Project Groups

Applicant/Proponent: Internal Report

Author: Various

Executive: Various

Attachments: Appendix MTBN-1: Audit Committee Minutes 11/11/2016 Appendix MTBN-2: Community Access Committee Minutes 14/10/2016

Summary The following Advisory Committee Meetings were held and the minutes are presented for noting: 1. Title: Audit Committee Minutes 11/11/2016

Author: Greg Golinski, Manager Governance Appendix: MTBN-1

2. Title: Community Access Committee Minutes 14/10/2016

Author: Sharon Chapman, Manager Community and Library Services Appendix: MTBN-2

Council Committee Recommendation That the following Advisory Committee Minutes listed in the report be accepted and noted: 1. Audit Committee Minutes from 11 November 2016 2. Community Access Committee Minutes 14/10/2016


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8. Petitions, Presentations, Deputations and Delegations

8.1 Petitions Pursuant to clause 6.10(2) of the City of Bunbury Standing Orders 2012, upon receiving a petition, the Council is to a) Receive the petition and refer to the relevant officer for a report to be submitted within the next

two (2) rounds of Council meetings; or b) Reject the petition

8.2 Presentations

8.3 Deputations

8.4 Council Delegates’ Reports


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8.5 Conference Delegates’ Reports

8.5.1 Conference Delegates Report – Councillor Wendy Giles – ICTC Conference 2016


Author: Councillor Wendy Giles

Executive: Andrew Brien, Chief Executive Officer

Attachments: Appendix DEL-1: ICTC Conference 2016 Report

Councillor Wendy Giles represented the City of Bunbury, at the ICTC Conference 2016. Cr Giles’ Comments It was a very informative and interesting conference with several international experts. Most entities are reducing parking to revitalise city centres and business. I thank Council for its support of my attendance and encourage others to attend future events. Cr Giles’ report is attached at DEL-1. Recommendation The report from Cr Giles on the ICTC Conference 2016 be received and noted.


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8.5.2 Conference Delegates Report – Councillor Murray Cook – CEO Performance Appraisals Training– CLGF

Bunbury, 17 November, 2016


Author: Councillor Murray Cook


Attachments: Appendix DEL-2: Report - CEO Performance Appraisals – CLGF Bunbury, 17 November 2016 Appendix DEL-3: CEO Appraisal Checklist

Councillor Murray Cook attended the CEO Performance Appraisals Training Course held in Bunbury on 17 November 2016. Cr Cook’s Comments This report relates to the CEO Performance Appraisals Training Course held in Bunbury on Thursday 17 November 2016. I would like to thank Council and WALGA for facilitating this training in my own home town. It was funded by Royalties for Regions. I attach: * Report - Training CEO Performance Appraisals – CLGF Bunbury, 17 November, 2016 is attached at

DEL-2. * CEO Appraisal Checklist is attached at Appendix DEL-3. Recommendation The report from Cr Cook on the CEO Performance Appraisals Training be received and noted.


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9. Method of Dealing with Agenda Business


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10. Reports

10.1 Recommendations from Advisory Committees 10.1.1 Auditors Report and Annual Financial Statements for the year ending 30 June 2016

Applicant/Proponent: Audit Committee

Responsible Officer: David Ransom, Manager Finance


Attachments: Appendix RAC-1: Auditor’s Report and Annual Financial Report

Summary The Auditor’s Report and Audited Annual Financial Report of the City of Bunbury for the financial year ending 30 June 2016 are attached at Appendix RAC-1 for the information of Council. Advisory Committee Recommendation That Council accept the Auditor’s Report and the Audited Annual Financial Report of the City of Bunbury for the financial year ending 30 June 2016. Background The City’s auditors, Grant Thornton have audited the 2015/16 Annual Financial Report and have provided an Independent Auditor’s Report (refer Pages 80-81 in the attached Annual Financial Report) as required under the relevant provisions of the Local Government Act 1995 (the Act). The Auditor’s Report and Annual Financial Report are now presented to the Audit Committee for information. Furthermore, section 7.12A(2) of the Act requires a local government to meet with its Auditor at least once in every year. Mr Michael Hillgrove from Grant Thornton is the City’s appointed Auditor and was in attendance at the last meeting of the Committee to discuss any queries arising from the 2015/16 Audit. Council Policy Compliance Not applicable. Legislative Compliance Section 7.9(1) of the Act requires the auditor to submit a report to the local government by 31 December each year. Section 7.12A(2) of the Act requires a local government to meet with its Auditor at least once each year. Officer Comments Council's management and internal control systems are sound. In addition to being monitored internally on a daily and monthly basis they are also strengthened by an independent assessment each year on the City’s financial management systems and external audit reporting. The independent assessment reviews Council's financial position, financial management practices and compliance with the requirements of the


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Local Government Act, the Local Government (Financial Management) Regulations, and Accounting Standards. There are five (5) primary financial statements: - Statement of Comprehensive Income - Statement of Financial Position - Statement of Changes in Equity - Statement of Cash Flows - Rate Setting Statement Statement of Comprehensive Income: The Statement of Comprehensive Income (shown on pages 4 to 6 of the Financial Report) shows the extent to which operating expenditure has exceeded operating revenue during the financial year (i.e. operating deficit). Key financial figures within the audited Annual Financial Report for the year ended 30 June 2016 include: 2016 2015 Operating Revenue $ 53,107,377 $ 52,869,639 Operating Expenses $ 54,259,375 $ 53,821,631 Operating Deficit $ 1,151,998 $ 951,992 Net Result $ 14,777,771 $ 4,867,534 For the year ending 30 June 2016, the operating deficit was $1.1M compared to $952K in 2014/15, an increase of $200K. Revenue increased by $238K and expenditure increased by $438K. Operating Revenue - The City received less Operating Grants in 2015/16 ($2.4M) mainly due to the advance payment of the 2015/16 General Purpose Grants from the Federal Government ($804K) in 2014/15 and also received a grant from the South West Development Commission ($1.0M) for the Bunbury Marine Facilities funding. However in 2015/16 the City raised more rates ($1.5M) and more revenue from Fees and Charges ($780K) which helped to offset the decrease in Operating Grants. Operating Expenditure - While Employee Costs were less than the previously year ($503K) due to vacancies in 2015/16 and Materials and Contract savings ($584K) reduced expenditure, this was offset by the increase in Depreciation on Non-Current Assets ($1.2M) in 2015/16. Net Result - When capital grants ($18.2M) including $12.5M of grants received for the Koombana Foreshore Redevelopment and the Loss on Revaluation of Civil Infrastructure ($1.5M) etc. are included, the Net Result was a surplus of $14.8M (compared to a surplus of $4.9M in 2014/15). The Statement also accounts for the revaluation of non-current assets during the year of $19.2M resulting in a Total Comprehensive Income for 2015/16 of $34.0M. Statement of Financial Position: The Statement of Financial Position (shown on page 7 of the Financial Report) shows the assets and liabilities which make up the community equity as at the 30 June 2016.


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Key financial figures within the audited Annual Financial Report for the year ended 30 June 2016 include: 2016 2015 Current Assets $ 41,732,499 $ 25,471,223 Current Liabilities $ 10,302,309 $ 9,500,592 Current Assets over Current Liabilities $ 31,430,190 $ 15,970,631 Non-Current Assets $ 556,611,662 $ 539,742,227 Non-Current Liabilities $ 14,490,165 $ 16,161,228 Total Equity $ 573,551,688 $ 539,551,630 Council’s current assets exceed current liabilities by $31.4M compared to $16.0M in 2014/15 mainly due to the increase in Restricted Cash i.e. Cash Backed Reserves and Unspent Grants. This increase together with an increase in the Revaluation Surplus of $19.2M (from the revaluation of non-current assets), increased the total community equity at 30 June 2016 by $34.0M to $573.5M. Statement of Changes in Equity: The Statement of Changes in Equity (shown on page 8 of the Financial Report) shows the extent to which the community equity has been increased by the net result of the year’s activities. For the year ending 30 June 2016, the Community Equity increased from $539.5M to $573.5M, an increase of $34.0M. Statement of Cash Flows: The Statement of Cash Flows (shown on page 9 of the Financial Report) shows the nature and amount of Council’s cash inflows and out flows from all activities. Council’s cash held at the end of the reporting period was $39.0M compared to $22.8M in 2014/15. Rate Setting Statement: The Rate Setting Statement (shown on pages 10 and 11 of the Financial Report) shows the amount of rates required to be raised to fund the City’s operations during 2015/16. In 2015/16 $33.9M in rates were raised, an increase of $1.5M or 4.6% on 2014/15 (i.e. a 3.5% rate increase plus a 1.1% increase in property growth). Financial Information by Ratio: 2016 2015 2014 Current Ratio 1.111 1.418 1.214 Current Assets as a ratio of Current Liabilities. (Measure of short term liquidity, i.e. the ability of Council to meet its liabilities when they fall due. A ratio of greater than 1.0 indicates Council has more current assets than current liabilities. Target is > 1.0) Asset Sustainability Ratio 0.524 0.812 0.423 Capital renewal and replacement expenditure as a ratio of depreciation expense. (Measures the extent to which assets are being renewed/replaced compared to the amount consumed i.e. depreciation. A ratio of greater than 1.0 indicates that council is investing in asset renewal/replacement greater than current consumption) Debt Service Cover Ratio 3.287 4.167 2.852 Operating Surplus before Interest and Depreciation as a ratio of principal and interest expense for borrowings. (Measures Council’s ability to service debt out of its uncommitted or general purpose funds available for its operations. The Department of Local Government indicates that a Basic standard is achieved if ≥ 2.0. An Advanced standard is ≥ 5.0)


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Operating Surplus Ratio (0.066) (0.035) (0.122) Operating Revenue minus Operating Expenditure as a ratio of own source operating revenue. (A result of lower than zero indicates that the Council has an operating deficit. The Department of Local Government indicates that a Basic standard is achieved if between 0.4 and 0.6) Own Source Revenue Coverage Ratio 0.948 0.886 0.861 Own source operating revenue as a ratio of operating expense. (Measures Council’s ability to cover operating expenses from own source revenue. The higher the ratio, the more self-reliant the local government is. The Department of Local Government indicates that an Advanced standard is achieved if the ratio is greater than 0.9) Analysis of Financial and Budget Implications There are no financial or budget implications for Council to accept the Annual Financial Statements and Auditor’s Report. Community Consultation An abridged Annual Financial Report will be included in the City’s 2015/16 Annual Report.


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10.1.2 2015/16 Audit Findings Report




Attachments: Appendix RAC-2: Audit Findings Report

Summary The purpose of this report is for Council to receive the 2015/16 Audit Findings Report prepared by Council’s auditors Grant Thornton, which stems from the 2015/16 financial audit of the City of Bunbury. Mr Michael Hillgrove from Grant Thornton is the City’s appointed Auditor and was in attendance at the last meeting of the Audit Committee to discuss any queries arising from the 2015/16 Audit Findings Report. Advisory Committee Recommendation That Council receive the 2015/16 Audit Findings Report as presented. Background The Audit Findings Report outlines any management issues identified by the Auditor as part of the 2015/16 financial audit of the City of Bunbury that were not material enough to qualify the overall audit, but relevant enough to be brought to the attention of the Audit Committee and Council. Council Policy Compliance Not applicable. Legislative Compliance The Audit Findings Report is provided by the City’s Auditor as part of the City’s annual audit report completed under section 7.9(1) of the Local Government Act 1995. Officer Comments The Audit Findings Report is attached at Appendix RAC-2. The report is self-explanatory and no material misstatement or significant control deficiencies were identified by the City’s auditors. In the report the auditors have made the following comments: * We have not become aware of any material irregularities or illegal acts * We have not become aware of any material non-compliance with laws and regulations * We have been presented with all the necessary books and records and explanations requested of

management * We have not detected any material deficiencies in the accounting policies disclosed * We have not detected any material deficiencies in management's assessment of the going

concern assumption * We have had no material disagreements with management * National internal independence checks are performed annually


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In the area of fraud risk (attached at (page 10) Appendix RAC-2), it is stated that the audit procedures did not detect fraud, however also noted that there was an instance of fraud perpetrated throughout the period, albeit the auditors were satisfied that this incident had been addressed and no further pervasive incidences had occurred. Analysis of Financial and Budget Implications There are no financial or budget implications arising from the recommendations contained within this report. Community Consultation Not applicable.


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10.1.3 Financial Management Systems and Procedures Review




Attachments: Appendix RAC-3: Financial Management Systems and Procedures Review Report

Summary The purpose of this report is for Council to receive the Financial Management Systems and Procedures Review report, which is undertaken annually by the City’s auditors. Advisory Committee Recommendation That Council receive the Financial Management Systems and Procedures Review report as presented, and note that no financial management control weakness were identified. Background During May 2016, the City’s auditors (Grant Thornton) undertook a financial management systems and procedures review in accordance with Regulation 5(1) of the Local Government (Financial Management) Regulations 1996. The resulting report has now been completed and is presented to Council for information. A copy of the report is attached at Appendix RAC-3. Council Policy Compliance There are no Council policies relating to this report. Legislative Compliance Regulation 5(1) of the Local Government (Financial Management) Regulations 1996 outlines the Chief Executive Officer’s duties as to financial management. Officer Comments The areas that were reviewed as part of the financial management systems and procedures review included: * Purchases/Payments/Payables * Receipts/Receivables/Cash Management * Payroll * Rates * Other Revenue; and * Fixed Assets The report as attached at Appendix 3 is self-explanatory, and indicates that no areas of concern or weakness were identified across any of the areas audited.


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Analysis of Financial and Budget Implications Nil Community Consultation Not Applicable. Councillor/Officer Consultation This report is presented for the information of Council by the Audit Committee.


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10.1.4 Audit Regulation 17 Review


Author: Leanne French, Senior Governance and Risk Officer

Executive: Andrew, Brien Chief Executive Officer

Attachments: Appendix RAC-4: Audit Regulation 17 Summary

Summary The purpose of this report is to provide Council with the results of a biennial review regarding the appropriateness and effectiveness of the City’s systems and procedures in relation to risk management, internal controls and legislative compliance (Regulation 17). Advisory Committee Recommendation That Council receive the information as presented. Background On 8 February 2013, amendments to the Local Government (Audit) Regulations 1996 extended the functions of local government Audit Committees. These functions (Regulation 17) require the CEO to review the appropriateness and effectiveness of the City’s systems and procedures in relation to risk management, internal control and legislative compliance every two calendar years, and report the results to the Audit Committee. The initial report was required to be presented to the Audit Committee by 31 December 2014. The City’s compliance with Regulation 17 was achieved via a report presented to the Audit Committee on 30 October 2014. The Audit Committee continues to monitor the City’s internal control processes, legislative compliance and risk management on a periodic basis via a report at each meeting of the Committee. The Local Government Operational Guidelines provide a comprehensive list of issues to be included in any review of risk management, internal control and legislative compliance, and these were used as a guide to systematically conduct the biennial review. The information provided in the review is an ongoing assessment of the City’s current practices, outlining the appropriateness and effectiveness of those practices, and presented recommendations for improvement. Council Policy Compliance The City’s Risk Management process is guided by the Council Policy Risk Management. The Executive Management Team recently endorsed two corporate guidelines in relation to internal control and legislative compliance. The Audit Regulation 17 review reinforces the processes outlined in the three documents and details ongoing development and improvement in the areas of risk management, internal control and legislative compliance. Legislative Compliance This report relates to Regulation 17 of the Local Government (Audit) Regulations 1996, which reads as follows:


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17. CEO to review certain systems and procedures (1) The CEO is to review the appropriateness and effectiveness of a local government’s systems and

procedures in relation to – (a) risk management; and (b) internal control; and (c) legislative compliance.

(2) The review may relate to any or all of the matters referred to in subregulation (1)(a), (b) and (c),

but each of those matters is to be the subject of a review at least once every 2 calendar years. (3) The CEO is to report to the audit committee the results of that review. Officer Comments Regulation 17 requires biennial reporting. In additional to the biennial review officers have provided the Audit Committee with regular updates relating to progress achieved against any issues identified since the initial review in 2014. Working undertaken to date has implemented a number of remedies for identified issues, and we will continue to build upon this work through a regular process of internal assessment. Officers recently re-assessed the initial data collated and have provided a refreshed collation of data incorporating any new issues and recommendations identified, as well as updated progress on pre-existing recommendations. New updates are in red. An updated version of the Audit Regulation 17 Findings is attached at Appendix RAC-4. In summary, 28 areas have been assessed to date, with 66 identified existing controls. The majority of areas audited have substantially effective systems and procedures in place. More specifically, 45 controls have been assessed as being substantially effective, with 11 controls identified as being partially effective and 3 controls largely ineffective. Recommendations for improvements to increase all identified partially effective and largely ineffective controls to the level of substantially effective are outlined as attached at Appendix RAC-4. In late July 2016, the City was one of 12 public authorities who participated in an evaluation of arrangements for managing misconduct and notifying minor misconduct to the Public Sector Commission. In September the City has received draft evaluation advice from the commission and notes their suggested improvements. In October 2016 the City underwent an Occupational Health and Safety audit conduct by LGIS. This audit evaluated the City’s OSH systems against Worksafe Plan assessment criteria. The City will be implementing a number of the recommendations as part of the continuous improvement process and has scheduled another review for 12 months’ time to assess the progress. These timely evaluations and audits continue to build and strengthen the City’s controls, particularly in the areas of managing our risks and developing internal controls. The Audit Committee has previously requested that Officers highlight to Council those issues identified as being “largely ineffective”. These 3 areas (and 4 recommendations) are summarised in the table below, and will be included in a recurring progress report to the Committee. A full overview of all issues is attached at Appendix RAC-4.


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Analysis of Financial and Budget Implications

There are no financial or budgetary implications arising from the recommendations of this report.

Community Consultation

Not applicable.


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10.1.5 Community Access Committee - South West Sports Centre Audit of Tactile Placements

Applicant/Proponent: Internal

Responsible Officer: Ryan Campbell, Community Development Officer

Executive: Stephanie Addison-Brown, Director Corporate & Community Services

Attachments: Nil

Summary Draft detailed concept designs of the proposed accessible ablution block at the South West Sports Centre (SWSC) were presented to members of the Community Access Committee (CAC) on Friday, 14 October 2016. General discussion also raised concerns about the overall accessibility of the SWSC, especially the issue of the placement of tactile ground surface indicators. A Motion on Notice was carried unanimously to ensure an audit of the tactile placements would be completed by the City of Bunbury.

Committee Recommendation That Council endorses Motion 9.3.2 from the Community Access Committee Meeting held 14 October 2016 as follows:

The Community Access Committee recommends an audit of tactile placements throughout South West Sports Centre. Strategic Relevance Key Priority Area 5: Corporate Objective 5.1: Facilitate community and stakeholder participation in decision making.

Background The CAC was established by the Council in response to the provisions of the WA Disability Services Act 1993. It advises Council on matters of access and monitors implementation of the Disability Access and Inclusion Plan for City of Bunbury buildings, facilities, services and information. CAC members meet regularly and make recommendations to Council. They are members who have a lived experience of disability are in a unique position to provide important feedback and recommendations to the City about issues around access and inclusion. Council Policy Compliance There are no Council Policy implications from the recommendations of this report.

Legislative Compliance The City of Bunbury is bound by the City’s Disability Access and Inclusion Plan 2012 – 2017 (DAIP) which is a legislated requirement under the Disability Services Act 1993 (amended 2004) and the Local Government Act 1995. The City of Bunbury’s DAIP 2012 – 2017 outlines the City’s commitment to Outcome 2 of the DAIP which states that “People with a disability have the same opportunities as other people to access the buildings and other facilities of the City of Bunbury”.


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Officer Comments Key Priority 1 of the City of Bunbury’s Strategic Community Plan 2030 is to establish Bunbury as the Most Accessible Regional City in Australia (MARCIA) by 2020. This is done by the City providing facilities, services and information that are accessible and inclusive for community members of all abilities. In order to achieve the MARCIA aspiration Bunbury needs to be going above and beyond the minimum standards of accessibility and inclusion to their buildings and facilities and ensure that all new projects are as accessible and inclusive as possible. A key to achieving this is to consult Bunbury residents who have a lived experience of disability who will be using the buildings and facilities. Since its inception the Committee has successfully engaged with the City and assisted them in making Bunbury a more accessible and inclusive place to live. The audit of tactile placements in the South West Sports Centre will continue this process and work towards the City becoming the Most Accessible Regional City in Australia. A project PR-3999 Renew South West Sports Centre (SWSC) aquatic tiling has been identified in the long term financial plan (LTFP) to be carried out in 2018/2019. This will be an extensive tiling project that will address any requirements identified through an audit prior to completion of the project. Whilst the timeframe maybe of concern any remedial tile work would be expense and disruptive and the time line provided will allow appropriate planning, preparation and funding applications to be prepared to determine and appropriate outcome. Analysis of Financial and Budget Implications The audit would be undertaken as a part of PR-3999 Renew South West Sports Centre (SWSC) aquatic tiling as identified in the long term financial plan (LTFP) to be undertaken in 2018/2019. A budget of $600 000, with anticipated state government funding of $200 000, has been allocated in the LTFP. Community Consultation The CAC has community members that represent the community on matters in relation to access and inclusion throughout the City. Councillor/Officer Consultation The current elected members that are nominated to the Community Access Committee include Councillor Brendan Kelly and Councillor Karen Steele and Councillor Wendy Giles (proxy). The above Motion has been presented and endorsed by CAC members at their formal meeting.


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10.1.6 Community Access Committee – Recommendations Bunbury Waterfront Project Playground Area

Applicant/Proponent: City of Bunbury

Responsible Officer: Ryan Campbell, Community Development Officer

Executive: Stephanie Addison-Brown, Director Corporate and Community Services

Attachments: Nil

Summary Draft detailed concept designs of the Bunbury Waterfront Project were presented to members of the Community Access Committee (CAC) on Friday, 14 October 2016. A Motion on Notice was carried unanimously to ensure CAC continue to be involved in the design of the playground equipment in the Bunbury Waterfront Project.

Committee Recommendation That Council endorses Motion 7.2.1 from the Community Access Committee Meeting held 14 October 2016 as follows: The Community Access Committee encourages playground equipment in the Bunbury Waterfront Project to be designed and installed for universal access. Strategic Relevance Key Priority Area 5: Corporate Objective 5.1: Facilitate community and stakeholder participation in decision making. Background The CAC was established by Council in response to the provisions of the WA Disability Services Act 1993. It advises Council on matters of access and inclusion and monitors implementation of the Disability Access and Inclusion Plan for City of Bunbury buildings, facilities, services and information. CAC members meet regularly and make recommendations to Council. They are members who have a lived experience of disability are in a unique position to provide important feedback and recommendations to the City about issues around access and inclusion. Council Policy Compliance There are no Council Policy implications from the recommendations of this report. Legislative Compliance The City of Bunbury is bound by the City’s Disability Access and Inclusion Plan 2012–2017 (DAIP) which is a legislated requirement under the Disability Services Act 1993 (amended 2004) and the Local Government Act 1995. The City of Bunbury’s DAIP 2012 – 2017 outlines the City’s commitment to Outcome 2 of the DAIP which states that “People with a disability have the same opportunities as other people to access the buildings and other facilities of the City of Bunbury”.


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Officer Comments Key Priority 1 of the City of Bunbury’s Strategic Community Plan 2030 is to establish Bunbury as the Most Accessible Regional City in Australia (MARCIA) by 2020. This is done by the City providing facilities, services and information that are accessible and inclusive for community members of all abilities. In order to achieve the MARCIA aspiration Bunbury needs to be going above and beyond the minimum standards of accessibility and inclusion to their buildings and facilities and ensure that all new projects are as accessible and inclusive as possible. A key to achieving this is to consult Bunbury residents who have a lived experience of disability who will be using the buildings and facilities. The Waterfront Project is a significant development in the Bunbury area and will be utilised by both Bunbury residents and tourists alike. The Waterfront Project is a great opportunity for Bunbury to showcase its commitment to becoming the Most Accessible Regional City in Australia by making the facilities as accessible as possible. Analysis of Financial and Budget Implications The recommendation will be considered within the existing budget for the Waterfront Project. Community Consultation The CAC has community members that represent the community on matters in relation to access and inclusion throughout the City. Councillor/Officer Consultation The current elected members that are nominated to the Community Access Committee include Councillor Brendan Kelly and Councillor Karen Steele and Councillor Wendy Giles (proxy). The above Motion has been presented and endorsed by CAC members at their formal meeting.


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10.2 Chief Executive Officer Reports 10.2.1 Budget Review October 2016




Attachments: Appendix CEO-1: Budget Review October 2016 Appendix CEO-2: Statement of Comprehensive Income Appendix CEO-3: Statement of Financial Activity Appendix CEO-4: Statement of Net Current Assets Appendix CEO-5: Statement of Financial Position Appendix CEO-6: Capital Works Expenditure Summary Appendix CEO-7: Operating Project Expenditure Summary

Summary Council adopted the 2016/17 Budget on 27 July 2016 of $79.9M, comprising $30M capital works, $2.2M debt reduction and $47.7M in operating expenditure (excluding depreciation). Budget reviews are conducted in October and February each year as part of the financial management processes within the City of Bunbury. In addition, it is also necessary to adjust the budgeted financial position at 30 June 2016 to agree with the actual financial position, (which was a favourable variance of $169,539). A budget review has been completed and the changes to operating income and expenditure will decrease the Operating Deficit from $5,134,906 to $5,015,089 a decrease of $119,817. Capital Expenditure has increased by $2,349,971 and Capital Income increased by $2,112,320 mainly due to the funding from reserves for the construction of a new depot commencing in 2016/17. The budget review also recognises the favourable adjustment to the actual financial position at 30 June 2016 of $169,539. As a result of the above changes the budgeted surplus funds at 30 June 2017 will increase from a surplus of $405,584 to a surplus of $457,289, an increase of $51,705. The following supporting documents are attached at Appendices CEO-1 to CEO-7 for the period ending 31 October 2016: - Budget Review October 2016 (attached at Appendix CEO-1) - Statement of Comprehensive Income (attached at Appendix CEO-2) - Statement of Financial Activity (attached at Appendix CEO-3) - Statement of Net Current Assets (attached at Appendix CEO-4) - Statement of Financial Position (attached at Appendix CEO-5) - Capital Works Expenditure Summary (attached at Appendix CEO-6) - Operating Projects Summary (attached at Appendix CEO-7)


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Executive Recommendation Council adopt the October 2016 Budget Review with the following budget variations and amends the current budget accordingly:

Original Budget Surplus Closing Funds $405,584

Increase in Opening Funds (to adjust budgeted position at 30 June 2016 to agree with actual financial position)

$169,539

$575,123

October 2016 Budget Review Changes

Operating Revenue: - Increase Grants and Subsidies ($) - Increase Contributions Reimbursements ($) - Increase Fees and Charges ($) - Increase Interest Received

$4,275

$94,205 $141,644

$35,751

$275,875

Operating Expenses: - Increase Employee Costs - Increase Material and Contracts - Increase Other Expense

($3,000)

($59,612) ($93,446)

($156,058)

Capital Revenue: - Increase Grant/Contributions for Assets - Increase in Interest on Capital Grants - Decrease Proceeds from Disposal of Assets ($) - Increase Transfers from Restricted Cash

$102,000 $138,934

($4,826,575) $6,697,961

$2,112,320

Capital Expenditure: - Increase in Materials and Contracts

($2,349,971)

Net Decrease in Closing Funding Surplus from Budget Review ($117,834)

Revised Budget Surplus Closing Funds at 30 June 2017 $457,289

* Note: An Absolute Majority Vote is required by Council. Background The Executive Leadership Team and Finance Staff have reviewed the 2016/17 Budget for the period ending 31 October 2016. Budget review items have been identified and supporting financial statements prepared incorporating year-to-date budget forecasts to 30 June 2017. The October 2016 Budget Review is presented to Council for consideration.


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Council Policy Compliance Not applicable. Legislative Compliance Regulation 33A of the Local Government (Financial Management) Regulations 1996 requires: (1) Between 1 January and 31 March in each year a local government is to carry out a review of

its annual budget for that year. (2) Within 30 days after a review of the annual budget of a local government is carried out it is

to be submitted to the council. (3) A council is to consider a review submitted to it and is to determine* whether or not to

adopt the review, any parts of the review or any recommendations made in the review. *Absolute majority required. Within 30 days after Council has adopted the Budget Review, a copy of the review and Council’s decision is to be provided to the Department of Local Government.

Officer Comments Council's Executive Leadership Team together with Finance staff monitor the City’s monthly revenue and expenditure activities and (as required) refer any variances requiring remedial action to the Council. Approved budget amendments are recorded in the financial statements to reflect Council’s current budget and financial position at all times. Analysis of Financial and Budget Implications The changes to operating income and expenditure will decrease the Operating Deficit from $5,134,906 to $5,015,089, a decrease of $119,817 (mainly due to an increase in income). Capital Expenditure will increase by $2,349,971 and Capital Income will increase by $2,112,320 mainly due to the funding form reserves for the construction of a new depot commencing in 2016/17. As a result of the above changes the budgeted surplus funds at 30 June 2017 will decrease from a surplus of $575,123 (original budgeted surplus of $405,584 plus adjustment to actual financial position at 30 June 2016 of $169,539) to a surplus of $457,289, resulting in a decrease of $117,834 as shown below:

Surplus/Deficit from Budget Review Report (attached at Appendix CEO-1) ($5,909,357)

Less Increase to Reserves: City of Bunbury General Parking Employee Entitlement and Insurances

($13,546) ($80,190)

($93,736)

Plus Decreases to Reserves: Asset Management and Renewal Reserve Bunbury Museum and Heritage Centre Canal Management College Grove Subdivision Amended Joint Venture

$4,140,039

$1,196 $32,000

$1,181,185


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Depot Construction Refuse Collection and Waste Minimisation Regional Museum

$872,500 $561,335

$3,442

$6,791,697

Add back Land Disposal Adjustment (non-cash) ($906,438)

Decrease in Closing Funds from October Budget Review ($117,834)

Details of the budget changes contained within this budget review are shown in the Budget Review October 2016 report attached at Appendix CEO-1 and the Financial Statements attached at Appendices CEO-2 to CEO–7. Community Consultation There is no requirement for community consultation on this report. Councillor/Officer Consultation The Executive Leadership Team have reviewed the October 2016 Budget Review.


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10.2.2 Financial Management Report for the Period Ending 31 October 2016




Attachments: Appendix CEO-2: Statement of Comprehensive Income Appendix CEO-3: Statement of Financial Activity Appendix CEO-4: Statement of Net Current Assets Appendix CEO-5: Statement of Financial Position Appendix CEO-6: Capital Works Expenditure Summary Appendix CEO-7: Operating Project Expenditure Summary

Summary The following comments are provided on the key elements of Council’s financial performance. 1. Statement of Comprehensive Income (attached at Appendix CEO-2)

Actual Financial Performance to 31 October 2016 (refer explanations within the report) - Actual income of $46.26M is $422K greater than the year-to-date budgeted income

of $45.84M. - Actual expenditure of $13.46M is $1.19M less than the year-to-date budgeted

expenditure of $14.65M. - Actual operating surplus of $32.80M is $1.61M more than the year-to-date

budgeted operating surplus of $31.19M. 2. Statement of Financial Activity (attached at Appendix CEO-3)

Closing Funding Surplus to 30 June 2017 is forecast at $457K, which is $51K more than the Current Budget Closing Funding Surplus of $406K. This is included in the October 2016 Budget Review.

3. Statement of Financial Position (attached at Appendix CEO-5)

Council’s year-to-date and forecast balances are as follows: Year-to-date Forecast * Current Assets of $70.79M includes:

- Cash and Investments $49.97M $26.83M - Rates $17.92M $0.81M - Other Current Assets $2.90M $1.90M

* Current Liabilities of $10.44M includes:

- Trade and Other Payables $4.76M $4.60M - Annual Leave and LSL Provisions $3.44M $3.91M

* Working Capital

(Current Assets less Current Liabilities) $60.35M $18.73M * Equity

(Total Assets less Total Liabilities) $608.45M $581.09M


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4. Capital Works (attached at Appendix CEO-6) - Actual capital works of $5.78M is $1.24M less than the year-to-date budgeted

capital works of $7.02M, (refer explanation within report).

5. Operating Project Expenditure (attached at Appendix CEO-7) - Actual operating project expenditure of $776K is $206K less than the year-to-date

budgeted operating project expenditure of $983K, (refer explanation within report).

Executive Recommendation The Financial Management Report for the period ending 31 October 2016 be received. Strategic Relevance Key Priority Area 5 Corporate Objective 5.3 Ensure financial sustainability Background A financial management report is provided to Councillors on a monthly basis which includes the following summaries: - Statement of Comprehensive Income (attached at Appendix CEO-2) - Statement of Financial Activity (attached at Appendix CEO-3) - Statement of Net Current Assets (attached at Appendix CEO-4) - Statement of Financial Position (attached at Appendix CEO-5) - Capital Works Expenditure Summary (attached at Appendix CEO-6) - Operating Projects Summary (attached at Appendix CEO-7) These summaries include end-of-year forecasts based on a monthly review of year-to-date income and expenditure for all accounts. Council Policy Compliance Not applicable. Legislative Compliance In accordance with the provisions of Section 6.4 of the Local Government Act 1995 and Regulation 34 (1) of the Local Government (Financial Management) Regulations 1996, a Local Government is to prepare each month a Statement of Financial Activity (attached at Appendix CEO-3) reporting on the revenue and expenditure as set out in the annual budget under Regulations 22 (1) (d) for this month. At the Special Council Meeting 27 July 2016, Council adopted that a variance between actual and budget-to-date of greater than or equal to 10% and $25,000 is considered to be a material variance for reporting purposes in the Statement of Financial Activity for 2016/17.


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Officer Comments The Operating Income, Operating Expenditure and Capital Expenditure graphs provide an overview on how the actual income/expenditure is tracking to budget and the previous financial year. Comments are provided on each graph regarding the current financial position.


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The following is an explanation of significant Operating and Capital variances identified in the Statement of Comprehensive Income and Statement of Financial Activity:

Statement of Comprehensive Income YTD Actual to Budget Variance

Operating Income

Contributions, Reimbursements and Donations Reimbursement Income – Favourable year-to-date budget variance of $148K mainly due to an insurance reimbursement of $35K, workers compensation reimbursements of $45K and higher than anticipated legal reimbursements for parking infringements of $36K and additional recoupable utilities of $25K being received. Forecast changes have been made and are included in the October Budget Review.

$159,579 58%

Fees and Charges Fine and Penalty Fee Income – Variance of $125K mainly due to an unanticipated building and health fine being received of $120K. A forecast change has been made and is included the October Budget Review. Sports Facility Fee Income – Favourable year-to-date variance of $51K mainly due to the timing of receipt of income, including higher than anticipated SWSC memberships and aquatic fees. This will be monitored on a monthly basis.

$216,042 3%


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Statement of Financial Activity YTD Actual to

Budget Variance

Operating Revenues

Favourable variance. See explanation above included in the Statement of Comprehensive Income variances.

$424,394 4%

Operating Expenses

Favourable variance. See explanation above included in the Statement of Comprehensive Income variances.

$1,190,167 8%

Capital Expenses

Acquisition of Assets – The favourable year-to-date variance is mainly due to the timing of expenditure for the following projects: PR-2625 – Widen formation and reconstruct embankment Koombana

Drive - $720K PR-2288 - Replace corporate heavy plant 2016/17 - $125K

$1,241,022 18%

Miscellaneous Fee and Charge Income - Favourable year-to-date variance of $34K mainly due to the timing of receipt of income, including higher than anticipated café sales of $19K for both the SWSC and Bunbury Wildlife Park. This will be monitored on a monthly basis.

Operating Expenditure

Materials and Contracts Material Expenditure - Favourable year-to-date variance $93K, mainly due to the timing of operating expenditure. This will be monitored on a monthly basis. Consultants Expenses - Favourable year-to-date variance $86K, mainly due to the timing of operating expenditure. This will be monitored on a monthly basis. Contractors Expenses - Favourable year-to-date variance $531K, mainly due to the timing of operating expenditure. This will be monitored on a monthly basis. Software License or Maintenance Expenditure - Favourable year-to-date variance $60K, mainly due to the timing of operating expenditure. This will be monitored on a monthly basis.

$804,353 18%

Non-Operating Income and Expenditure

Interest on Capital Grants Interest on Capital Grants – Interest has been received on PR-4145 Expand and upgrade Koombana Bay Foreshore grant income that was received late in the 2015/16 financial. This is matched with additional expenditure for the project. A forecast change has been made and is included the October Budget Review.

$47,231


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PR-4165 - Develop a detailed design for a Cultural Precinct - $125K PR-3612 – Design and construct Bunbury SES headquarters - $88K PR-1472 - Renew and Upgrade Paths 2016/17 - $82K PR-4013 - Replace Council Chambers Audio Visual and Streaming

Equipment - $60K PR-3445 - Refurbish existing toilet at Queens Gardens - $58K Refer to Capital Expenditure report for project details.

Analysis of Financial and Budget Implications

This Financial Management Report on the financial performance of the City is provided for Councillors information and does not have any financial or budget implications for the 2016/17 financial year. Any forecast changes noted are included as part of the October 2016 Budget Review. Community Consultation

There is no requirement for community consultation on this report. Councillor/Officer Consultation

Council’s Executive Leadership Team, Department Managers and Finance staff monitor the City’s monthly revenue and expenditure and (as required) refers any variances requiring remedial action to Council. Approved budget amendments are recorded in the financial statements to reflect Council’s current budget and financial position at all times.


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10.2.3 Schedule of Accounts Paid for the 1 October 2016 to 31 October 2016




Attachments: Appendix CEO-8: Schedule of Accounts Paid - October 2016

Summary The City of Bunbury "Schedule of Accounts Paid" covering the period 1 October 2016 to 31 October 2016 has been issued to elected members under separate cover. The schedule contains details of the following transactions: 1. Municipal Account – payments totalling $5,310,320.45 2. Advance Account – payments totalling $3,209,121.67 3. Trust Account – payments totalling $19,058.45 4. Visitor Information Centre Trust Account – payments totalling $38,386.50 5. Bunbury-Harvey Regional Council Municipal Account – payments totalling $748,889.73 6. Bunbury-Harvey Regional Council Advance Account – payments totalling $689,855.56 Executive Recommendation The Schedule of Accounts Paid for the Period 1 October 2016 to 31 October 2016 be received.


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10.3 Director Corporate and Community Services

Nil


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10.4 Director Planning, Development and Regulatory Services Reports 10.4.1 Proposed Home Business (Beauty Salon) – Lot 13 #33 Stirling Street, Bunbury

File Ref: P14531

Applicant/Proponent: Martina Lonardi

Responsible Officer: Teshome Tadesse, Planning Officer

Executive: John Kowal, Acting Director Planning, Development and Regulatory Services

Attachments: Appendix DPDRS-1: Location Plan Appendix DPDRS-2: Concept Plan for Car Parking Appendix DPDRS-3: Schedule of Submissions

Summary The City of Bunbury received on 29 August 2016 a development application for a proposed Home Business (Beauty Salon) at Lot 13 #33 Stirling Street, Bunbury. The proposal was advertised for public consultation in accordance with requirements of the City of Bunbury’s Town Planning Scheme No.7 (TPS7), and two objections were received. It is considered that the proposal complies with TPS7 requirements applicable to a home business use. In addition, previously the City of Bunbury approved a Home Business (Naturopathy) retrospectively on 6 June 2014 at this particular location. Approval is recommended for the proposal subject to conditions applicable to a home business use. Executive Recommendation That Council:

1. In accordance with the Planning and Development Act 2005 (as amended), hereby resolves

to grant development approval for a Home Business (Beauty Salon) at Lot 13 #33 Stirling Street, Bunbury in accordance with the City of Bunbury’s Town Planning Scheme No.7, subject to the following conditions:

1. The Home Business shall be carried out in accordance with the approved

development plans (attached) which form part of this development approval. 2. This is a temporary development approval and the development the subject of this

temporary approval must cease on 31 December 2017 unless an application to renew the temporary approval is submitted to and approved by the City of Bunbury.

3. At all times, the development the subject of this development approval must comply with the definition of Home Business as contained in Schedule 1 of the City of Bunbury Town Planning Scheme No.7.

4. The business shall not employ more than two (2) people not members of the occupier’s household.

5. The business shall not occupy an area greater than 50 square metres. 6. The business shall not involve the retail sale, display or hire of goods of any nature

from the property.


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7. The hours of operation for the business shall be limited to Monday to Saturday 7am to 7pm. The business activities shall not be carried out on Sundays.

8. The business is required to provide 1 car parking bay per employee on-site in addition to the residential car parking requirements (2 bays per dwelling).

9. This development approval does not include approval for signage. A separate development approval is required prior to the installation of any home business signage.

10. Services must not be chased into walls, and shall be surface mounted and care shall be taken to cause minimal impact to the building.

Notes:

(a) This approval is valid until 31 December 2017. Should you wish to continue

operating this home based business, you will be required to complete a Renewal Form (which will be sent out at end of year), and pay the Annual Renewal Fee (in accordance with the City of Bunbury’s Schedule of Fees and Charges). Where an approval has so lapsed, no development must be carried out without the further approval of the local government having first been sought and obtained.

(b) If you no longer wish to continue your home based business, please advise the City

of Bunbury in writing. (c) Failure to comply with the development conditions of this development approval/

or the Home Business requirements at any time may result in the withdrawal of the home business approval.

(d) Any demolition work involving asbestos must be in accordance with the Health

(Asbestos) Regulations 1992.

(e) The development is required to comply with the Health (Skin Penetration Procedure) Regulations 1998 and the Code of Practice for Skin Penetration Procedures. Regardless of whether a building permit is required, application shall be made to the City’s Environmental Health Services for assessment and approval prior to commencing development. Two sets of scaled plans (minimum 1:100) and specifications shall be submitted to Environmental Health Services and shall include the following information: - the use of each room/area; - the structural finishes of walls, floors, benches, shelves and other surfaces; - the location of sinks and hand washing basins; and - details and types of procedures to be performed. A final inspection of the premises will be required to be carried out by Environmental Health Services prior to commencing operation. Further information can be obtained from the City of Bunbury’s Environmental Health Services on (08) 9792 7100.

(f) The City of Bunbury advises that the development the subject of this development

approval must comply with the Environmental Protection Act 1986 and the Environmental Protection (Noise) Regulations 1997 in relation to noise emissions, and the Environmental Protection Act 1986 and the Environmental Protection (Unauthorised Discharge) Regulations 2004 in relation to discharges into the environment.


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Further information can be obtained from the City of Bunbury’s Environmental Health Services on (08) 9792 7100 or (08) 9792 7000.

(g) The development the subject of this development approval must comply with the

requirements of the Health Act 1911 and Health Local Laws 2001. 2. Advise the applicant and submitters of Council’s decision. Strategic Relevance Key Priority Area 3 Natural and built environment Objective 3.4 Facilitate urban design, diversity of land uses, and enabling infrastructure Background A summary table of details relating to the subject site is as follows:

Property Address: Lot 13 (#33) Stirling Street, Bunbury

Zoning: Residential Zone (R20/40)

Existing Land Use: Single House

Lot Area: 600m²

The subject site is located on the corner of Stirling Street and Charles Street. The existing single residential dwelling is listed on the City’s Heritage List under TPS7 and is also included in the Stirling Street Heritage Area. The property has side gate access to the rear of the dwelling with an existing crossover. The surrounding area is included in the Stirling Street Heritage Area. The adjoining neighbourhood to the east is predominantly residential in character. The Stirling Street Art Centre is located across Stirling Street to the north and a public car park is located across Charles Street to the west. The area to the west is zoned Special Use Zone (S.U.30), which permits a mix of residential and commercial uses. A location plan and the Stirling Street Heritage Area are attached at Appendix DPDRS-1.

The proposal involves the following:

- an existing bedroom with the dimensions of 4m X 4m will be used for a home business activity area;

- within twelve months one person will be employed; - one additional car parking bay will be provided in addition to the required two car

parking bays for residents (in total three bays); and - the business will be conducted Monday to Saturday from 7am to 7pm.

A floor plan is attached at Appendix DPDRS-2.

The applicant has provided the following information for the proposed home business: “Please note the proposed business (eye brow waxing) has not yet commenced, estimated at July/August 2016 at this point.


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Customer numbers are expected to be modest for the first 12 months at approx. 1 – 2 per day for 4 -5 days per week trading initially. They will be seen by an appointment only and encouraged to park in the Charles St carpark when they visit (expected duration 30-40 minutes). The application has indicated the business will employ any person outside the household however this may happen in the first 12 months. The signage has not yet been designed but is proposed to be a small and discrete way of identifying the property fixed on the existing fence and blending in with the current design and colour scheme of the fence.”

A search on City of Bunbury’s records shows that a retrospective development approval had been granted for a Home Business (Naturopathy) on 6 June 2014 at Lot 13 #33 Stirling Street. Conditions of approval included restrictions to not employ any person not a member of the household and limiting the hours of operation to Mon-Fri: 9:30am – 7pm and Saturdays: 9:30-noon. Legislative Compliance The following statutory planning instruments of the State Planning Framework and Local Planning Framework are applicable to the assessment of this application for development approval: - Planning and Development Act 2005 (as amended); - Planning and Development (Local Planning Schemes) Regulations 2015; - City of Bunbury Town Planning Scheme No.7 (TPS7); - Local Planning Policy: Home Based Businesses and Family Day Care; and - Local Planning Policy: Stirling Street Heritage Area. Officer Comments The subject site is situated in the ‘Residential Zone’. The use class ‘home business’ is an ‘A’ use in accordance with Table 1 – Zoning Table of TPS7 and is not permitted unless the local government has exercised its discretion, and determines the application after public consultation has occurred. A ‘home business’ is defined in Schedule 1 of the Scheme as: “…a business, service or profession carried out in a dwelling or on land around the dwelling which – (a) does not employ more than 2 people not members of the occupier’s household; (b) will not cause injury to or adversely affect the amenity of the neighbourhood; (c) does not occupy an area greater than 50 square metres; (d) does not involve the retail sale, display or hire of goods of any nature; (e) in relation to vehicles and parking, does not result in traffic difficulties as a result of the

inadequacy of parking or an increase in traffic volumes in the neighbourhood, and does not involve the presence, use or calling of vehicles more than 3.5 tonnes tare weight; and

(f) does not involve the use of an essential service of greater capacity than normally required in the zone.”

A summary assessment of the proposal against the above requirements is as follows:

Scheme Requirements Proposed

Does not employ more than 2 people not members of the occupier’s household.

The applicant has advised that it is planned that within twelve months one person will be employed.

Will not cause injury to or adversely affect the The operation of the beauty salon is entirely


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amenity of the neighbourhood. enclosed within the existing building and is unlikely to cause any impacts on residential amenity in terms of noise, odours, etc. It is considered that the home business activity can be carried out without any noticeable interference in the quality of life to the surrounding residents.

Does not occupy an area greater than 50 square metres.

The bedroom has an area of 16m2.

Does not involve the retail sale, display or hire of goods of any nature.

A condition will be placed on the development approval prohibiting the retail sale, display or hire of goods of any nature.

In relation to vehicles and parking, does not result in traffic difficulties as a result of the inadequacy of parking or an increase in traffic volumes in the neighbourhood, and does not involve the presence, use or calling of vehicles more than 3.5 tonnes tare weight.

The applicant has advised that up to two clients per day will visit the site. Two car parking bays are required for the residential use and one additional car parking bay is proposed for the home business (in total three car parking bays). During a site visit it was observed that three car parking bays can be accommodated at the rear of the dwelling. Access to the parking area will be via an existing crossover from Charles Street. In addition, a public car park is located directly across the street from the subject site.

Does not involve the use of an essential service of greater capacity than normally required in the zone.

The City of Bunbury has not received advice from any utility providers that the subject premises uses services (i.e. water or electricity) at a greater amount than normally required by a dwelling.

Heritage The existing dwelling is listed under TPS7 as a heritage building and referred to as “Private Dwelling (B167)”. The City of Bunbury’s Regional Heritage Advisor provided the following comments in relation to the proposed Home Business: “1. In principle, I do not have any issues with this application. I do however think that we

should see the sign design before giving a final approval. The sign design then needs to be super imposed on the photo of the front so a clear idea of its impact can be understood.

2. If the basin is a new addition then services must not be chased into walls, should be surface mounted and care taken to cause minimal impact to the building.

3. In terms of car parking for this proposal, I do not think that the proposed car parking whether formal or informal has an impact on the heritage values of the place. The parking bays proposed to the rear of the property behind a fence and will therefore have minimal impact on the streetscape. The physical impact will also be minimal.”

The applicant has been informed of the heritage requirements and will submit a separate development application with a sign design prior to erection of any form of sign on site. In addition, the applicant has advised that the basin is a free standing structure and therefore there will be no impact to the building.


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The proposed Home Business can be carried out in the dwelling as proposed without significant works requirements on site. It would be unreasonable to require the construction of an internal driveway and sealed car parking bays on site, as the proposed Home Business is an incidental use with a temporary approval. Council can support the proposal with the understanding that there is sufficient area at the rear of the dwelling that can accommodate three car parking bays. A concept plan showing the car parking arrangement on site is attached at Appendix DPDRS-2. Conclusion In conclusion, the proposal is consistent with the City’s LPP: Home Based Businesses & Family Day and LPP: Stirling Street Heritage Area as well as TPS7 in that the scale, design, nature and impacts of the proposal are appropriate and meet relevant requirements. It can also be concluded that there are no implications to the heritage character of the Stirling Street Heritage Area. Therefore, it is recommended that this application for development approval be approved. Analysis of Financial and Budget Implications This application for development approval relates to private property, and therefore, the effect of the recommendation has no direct budgetary or financial implications for the City of Bunbury. If the applicant is aggrieved by Council’s decision they may apply for a review of the decision through SAT. If the decision is forwarded to SAT for appeal, the City of Bunbury may incur legal costs. Community Consultation The proposal was advertised for public comment from 14 September 2016 to 30 September 2016. Public consultation measures included the following: - letters sent to the adjoining landowners and occupiers; - public notification sign erected onsite; - public notice of proposal published in a locally circulated newspaper (three consecutive

editions); - public notice of proposal posted on the City of Bunbury’s website; and - copies of plans and supporting information made available at the City of Bunbury’s

customer service centre. Two objections were received. In summary, the objectors stated the following reasons for their objection to the proposal: - Stirling Street is the only heritage precinct and needs protection against business

encroachment; - Approval to the proposal would set a precedent for further business encroachment; and - No sufficient parking for clients.

It is noted that the subject land is located within the Stirling Street Heritage Area. However, the designation of the locality as a heritage area does not preclude the use of premises within the locality for the purpose of home based businesses. Home Business by its definition is only incidental to a residential use, and is intended to support families economically by allowing a small scale business activity within their residential property.


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Refer to the Schedule of Submissions attached at Appendix DPDRS-3. Councillor/Officer Consultation The application for development approval has been referred to the City of Bunbury’s Development Coordination Unit (DCU) for professional advice and technical assessment prior to the finalisation of this report. Consultation with the applicant The officer’s draft recommendation has been shared with the applicant. Delegation of Authority This application for development approval has been referred to Council for its determination, as a submission objecting to the proposal was received during the public consultation process, and therefore it cannot be determined under delegation.


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10.4.2 Final Approval of Proposed Scheme Amendment 88 to Modify Special Use Zone No. 34 –

Sanctuary Golf Resort Lot 105 Old Coast Road, Bunbury

File Ref: P11724-02/A06615

Applicant/Proponent: Calibre Consulting (Aust) Pty Ltd on behalf of Azuna Nominees Pty Ltd

Responsible Officer: Kaysanne Knuckey, Strategic Planner


Attachments: Appendix DPDRS-4: Schedule Local Government Proposed Modifications Appendix DPDRS-5: Local Planning Scheme Amendment 88 Report Appendix DPDRS-6: Schedule of Submissions Appendix DPDRS-7: Correspondence from Southern Ports Authority

Summary At its ordinary meeting of 26 July 2016, Council resolved to initiate and advertise an amendment to the City of Bunbury Town Planning Scheme No.7. Scheme Amendment 88 proposes changes to the special land uses and development conditions associated with ‘Special Use Zone No. 34’, located at Lot 105 Old Coast Road, Bunbury (Sanctuary Golf Resort). The current Town Planning Scheme provisions require the site to be developed for resort related (tourism) uses. The primary purpose of the proposed amendment is to remove the 25% cap that presently applies to the provision of Unrestricted Residential Accommodation (URA) upon strata Lot 40. The aim in doing so is to open up the opportunity to develop the entire strata lot for residential development that is capable of being occupied on either a permanent or short stay basis. The approach is similar to that recently adopted for a number of other tourism sites within the city. Public advertising and consultation with relevant stakeholders was conducted over the period 31 August 2016 to 17 October 2016. City officers have reviewed submissions that were received during this time, and the scheme amendment proposal is now returned to Council for its further consideration and adoption for final approval, to be then referred to the Western Australian Planning Commission (WAPC) for determination by the Minister for Planning. Executive Recommendation That Council:

1. In accordance with the Planning and Development Act 2005 and the Planning and

Development (Local Planning Schemes) Regulations 2015 resolves to support with modification Scheme Amendment 88 to the City of Bunbury Town Planning Scheme No. 7 by: (a) amending Scheme Text in the table under Schedule 2 – Special Use Zones at

Number 34 under the headings ‘Description of Land’, ‘Special Use(s)’ and ‘Conditions’ columns; and

(b) modifying the Scheme Map by revising the annotation shown over Lot 105 Old Coast Road from ‘S.U.34’ to ‘S.U.34 Mixed Use – Tourism’, as depicted in the scheme amending pages and on the scheme amendment map included within the Local Planning Scheme Amendment 88 Report; and


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(c) modifying Condition 6 to the Scheme Text in the table under Schedule 2 – Special Use Zones at Number 34 within the ‘Conditions’ column, as depicted in the Schedule of Local Government Proposed Modifications (attached at Appendix DPDRS-4).

2. Notify the Western Australian Planning Commission of Council’s resolution and to refer to

the Commission the Scheme Amendment 88 documentation. 3. Advise submitters of Council resolution. Strategic Relevance Key Priority Area 1: Community and Culture Objective 1.4: Increase participation in sport and leisure activities Key Priority Area 3: Natural and Built Environment Objective 3.4: Facilitate urban design, diversity of land uses, and enabling infrastructure. Key Priority Area 4: Regional Economy Objective 4.3: Promote Bunbury as a place that supports commercial, residential and

social development Key Priority Area 5: Corporate Objective 5.1: Facilitate community and stakeholder participation in decision making. Background The private consultancy firm Calibre Consulting (Aust) Pty Ltd (the proponent) on behalf of the landowners of strata Lot 40 Old Coast Road Bunbury have submitted a request to amend the Scheme by modifying the special uses and conditions associated with ‘Special Use Zone No. 34’ (SU34) which relates to the parent Lot 105 Old Coast Road, Bunbury (Sanctuary Golf Resort). The submission prepared by the applicant is incorporated within the Scheme Amendment 88 report attached at Appendix DPDRS-5, which contains additional background information.

The properties subject to this scheme amendment proposal are summarised in the table below:

Property Address Owners Primary Activity Lot Area (ha)

Lot 105 Strata Lot 39 Old Coast Road

Southern Golf Pty Ltd

Clubhouse/golf shop, conference centre, restaurant and associated facilities; car parking; storage shed.

1.24

Lot 105 Strata Lot 40 Old Coast Road

Azuna Nominees

Vacant 0.73

Lot 105 Strata Lot CP41 Old Coast Road

Strata Company

Short stay accommodation 0.83

Lot 105 Strata Lot CP42 Old Coast Road

Axiom Resorts Pty Ltd.

Access, (ingress and egress) parking and associated infrastructure.

0.36

Total 3.16


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With the exception of the ‘Primary Regional Road Reserve’ to the east, Lot 105 Old Coast Road is surrounded by the Sanctuary Golf Course which is owned by Southern Golf Pty Ltd. The golf course is a separate lot that does not form part of the scheme amendment proposal. ‘Special Use Zone No. 34’ has been the subject of previous Council decisions. Notably Scheme Amendment No. 35 (submitted by the owners of Strata Lot 40) was granted final approval by Council in 2010 and gazetted 2011. That amendment added ‘Unrestricted Residential Accommodation’ to the list of special land uses, and at the same time applied a cap that restricted its overall extent to no more than 25% of the developable area of Lot 40. The application of the cap broadly reflected the accepted approach in allowing the limited introduction of permanent residential opportunities within tourism sites at that time. Although the scheme amendment was implemented, no planning applications have since been pursued and Lot 40 remains undeveloped, the proponent citing economic feasibility as the main constraint. Council Policy Compliance The tourism zoning of the site was established through the gazettal of Scheme Amendment No. 35, which determined the proposed land use modifications as consistent with the strategic intent of local and state planning frameworks of the time. The further modifications proposed under Scheme Amendment 88 are to remove the existing 25% cap on URA to allow the unrestricted development of both short-stay accommodation or permanent residential development on Lot 40 to occur. A proposed (and existing) condition of Scheme Amendment 88 is the requirement for a Local Development Plan (LDP) to be prepared and endorsed by the Council, which will provide the guiding framework for the subsequent subdivision and development of the site. Should this scheme amendment be approved, it will most likely be gazetted within the current scheme TPS7. The present TPS7 zoning of the site is reflected in the draft Local Planning Scheme No. 8 (LPS8) text and map, and will be updated accordingly to reflect the outcome of this amendment should it be approved by the Minister for Planning. Legislative Compliance Proposals to amend a local planning scheme are required to be undertaken in accordance with the Planning and Development Act 2005 and the Planning and Development (Local Planning Schemes) Regulations 2015. In keeping with requirements of the relevant legislation as a ‘standard’ amendment, public advertising of Scheme Amendment 88 was conducted over a period of not less than 42 days, and this concluded at close of business on 17 October 2016. At the conclusion of the submission period, the City of Bunbury is required to consider any submissions received and must pass a resolution: (a) to support the amendment without modification; or (b) to support the amendment with proposed modification; or (c) not to support the amendment. The resolution of Council together with the scheme amendment documentation and schedule of submissions is then to be referred to the WAPC for its consideration and recommendation to the Minister for Planning, who makes the final decision prior to endorsement and gazettal.


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The statutory planning instruments/documents of the State Planning Framework and Local Planning Framework considered most applicable to the assessment of this proposal (notably Planning Bulletin 83/2013 and Local Planning Strategy for Tourism 2009) are discussed in further detail within the Scheme Amendment 88 report. Officer Comments Although seeking outcomes that are similar to other recent scheme amendments associated with tourism sites within the city, the approach should not be regarded as automatically transferable between sites. Rather, each proposal should be considered on individual merit (as promoted by Planning Bulletin 83/2013), and remain consistent with the strategic intent established by the Local Planning Framework. The primary purpose of the amendment proposal is to change the condition that restricts the extent of URA able to be approved on strata Lot 40 from a maximum of 25% of the developed area to an unlimited amount (i.e. 100%). In removing the 25% cap that presently applies to the provision of URA upon strata Lot 40 and opening up the opportunity to develop the entire strata lot for this form of residential development, it is important that the resulting outcome does not undermine or detract from the primary tourism role of the resort and that the proposal offers direct and positive net benefits to the established tourism function. The ‘net tourism benefits’ (per the proponent’s submission) are identified as: - completing the development of the resort and delivering new accommodation options to

the market, complementing the existing short stay accommodation; - enhancing the image of the resort and improving appearance; - increasing guest accommodation options; - realising further investment in the resort facilities; and - improving economies of scale. In accordance with existing and proposed development conditions associated with SU34, a Local Development Plan (LDP) is required to guide the future development over the lot. This will ensure an integrated approach to development of the site in accordance with surrounding lots. In particular, this requirement will ensure the provision of areas and facilities to be set aside as communal open space, to support the number of guests/residents generated by the development and adequately complement the facilities of the short-stay accommodation at adjoining Lot 41. Analysis of Financial and Budget Implications This proposal relates to private property, and therefore, the effect of the recommendation has no direct budgetary or financial implications for the City of Bunbury. Community Consultation The development application was advertised for public comment from 31 August 2016 to 17 October 2016. Public consultation measures included the following: - letter sent to surrounding landowners; - public notification signs erected onsite; - public notice of proposal published in a locally circulated newspaper (two consecutive

editions);


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- public notice of proposal posted on the City of Bunbury’s website; and - copies of plans and supporting information made available at the City of Bunbury’s

customer service centre. In total, 10 submissions were received, of which seven were received from government agencies/service providers. The Southern Ports Authority (SPA) initially submitted an objection to the proposed scheme amendment, referring to the position the state (WAPC) held at the time of the approval of Scheme Amendment 35 which made mention of the increasing potential for land use conflict and reduced amenity to occur having regard to nearby road rail and port infrastructure. SPA have since provided an updated submission which essentially withdraws their previous objection on condition that appropriate noise attenuation measures/requirements can be incorporated as part of the scheme amendment proposal which would ameliorate potential noise impacts from existing and future port operations, and also on the understanding that notifications will be placed on the titles of all strata lots within the proposed development that acknowledges the proximity of the port and associated transport corridors. The correspondence received from SPA dated 10 November 2016 is attached as Appendix DPDRS-7. Main Roads also submitted comments, with a specific recommendation for a memorial to be placed on the Certificate of Title of future lots, to advise of the potential noise impacts associated with proximity of the existing adjacent major road, rail and port infrastructure. The City of Bunbury considers that this could be addressed by modification of Condition 6 of the amending Scheme Text (in the table under Schedule 2 – Special Use Zones at Number 34 under the ‘Conditions’ column): 6. At the subdivisional stage, the applicant ensuring action such that notifications are placed

on the Certificates of Title of: (a) any proposed “short-stay” lots (in accordance with Section 6 of the Strata Titles Act

1985) confirming that the units are to be used for short stay occupancy only. The Notice(s) are to be included on the Deposited Plans and are to state as follows: “No person shall occupy any Tourist Accommodation Unit for more than a total of three months in any one 12-month period. In this regard a register of guests is to be made available for perusal by the City of Bunbury as required”.

(b) all proposed lots advising of potential for noise impacts associated with the existing adjacent major road, rail and port infrastructure and its possible future growth. The Notice(s) recommended are to be included on the Deposited Plans.

Proposed new condition ‘6b)’ would also meet SPA’s request for a notification to be included upon strata lot development. Tourism Western Australia (Tourism WA) raised some concern in regards to the potential lack of tourism benefit that the strata lot would deliver to the overall site, as required by the Planning Bulletin 83/2013. Within Tourism WA’s submission, it was recommended that an additional condition be included in the Special Use Zone’s Schedule 2 requiring the LDP to include the provision for additional communal/recreational facilities. However it should be noted that conditions 2 (f) and 4 (c) included within the proposed scheme amendment already require the provision of communal areas and facilities to be included within the development:


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Condition 2 (f): “Areas (and facilities) set aside as Communal Open Space are to be shown on the Local Development Plan map.” Condition 4 (c): “Unrestricted Residential Accommodation shall provide a proportion of the open space requirement (necessary to conform with the relevant provisions of the Residential Design Codes), on site as communal open space within an area designated on the adopted Local Development Plan map.” The City of Bunbury considers that proposed Condition 2 (f) and Condition 4 (c) will adequately encompass Tourism WA’s recommendation. Of the three private submissions received, one was in support of the proposal; one was an objection and one was ‘support – with comments’. The objection and ‘support with comments’ submissions both raised concerns over the impacts that the proposed URA would have on existing units, particularly in regards to the provision of adequate communal facilities. During the public advertising period, several enquiries were received from owners of the short stay units on Strata Lot 41 regarding the possibility of extending the URA use to include their units/strata lot, by way of a rezoning amendment. Existing short-stay units of Strata Lot 41 currently do not conform to specific R-Code and Building Code of Australia (BCA) requirements and as such would be unlikely to satisfy the expected criteria for URA use. Submitter’s comments and officer’s responses where relevant are provided in the Schedule of Submissions that is attached at Appendix DPDRS-6. Councillor/Officer Consultation Officers from the City of Bunbury’s Sustainability, Planning and Development department collaborated on the preparation of the scheme amendment proposal and technical input was also sought from members of the Development Control Unit (DCU) during that time. Consultation with the Applicant The draft recommendation has been communicated with the owner/applicant. Delegation of Authority This proposal has been referred to Council for its determination, as it varies significantly from the adopted Local Law Policy and therefore, cannot be determined under delegation.


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10.4.3 Retrospective Approval for Home Business (Beauty Salon) - #6 Alyxia Drive, Glen Iris

File Ref: P12657 / DA2016/207/1

Applicant/Proponent: Charmaine Howarth-Little

Responsible Officer: Matthew Wansborough, Planning Officer


Attachments: Appendix DPDRS-8: Site Photographs Appendix DPDRS-9: Development Plans Appendix DPDRS-10: Location Plan Appendix DPDRS-11: Schedule of Submissions

Summary This application for development approval has been referred to Council for its determination, as a submission objecting to the proposal was received during the public consultation process, and therefore it cannot be determined by staff under delegation. The applicant is seeking retrospective approval to operate their beauty salon business from a converted carport at Lot373 #6 Alyxia Drive, Glen Iris. The proposal was advertised for public consultation in accordance with requirements of the City of Bunbury’s Town Planning Scheme No.7 (TPS7), and one objection was received. It is considered that the proposal complies with TPS7 requirements applicable to a home business use. Approval is recommended for the proposal subject to conditions applicable to a home business use. Executive Recommendation That Council: 1. In accordance with the Planning and Development Act 2005 (as amended), hereby resolves

to grant retrospective development approval for a Home Business (Beauty Salon) at Lot 373 #6 Alyxia Drive, Glen Iris in accordance with the City of Bunbury’s Town Planning Scheme No.7, subject to the following conditions: (1) The Home Business shall be carried out in accordance with the approved

development plans (attached at DPDRS2) which form part of this development approval.

(2) This is a temporary development approval and the development the subject of this temporary approval must cease on 31 December 2017 unless an application to renew the temporary approval is submitted to and approved by the City of Bunbury.

(3) At all times, the development the subject of this development approval must comply with the definition of Home Business as contained in Schedule 1 of the City of Bunbury TPS7.

(4) Before the development is occupied, the property must be connected to the Water Corporation reticulated sewerage system.


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(5) The business shall not employ more than two (2) people not members of the occupier’s household.

(6) The business shall not occupy an area greater than 50 square metres. (7) The business shall not involve the retail sale, display or hire of goods of any nature

from the property. (8) The hours of operation for the business shall be limited to Monday to Friday 7am

to 7pm. The business activities shall not be carried out on Saturdays or Sundays. (9) All verge areas including paths that abut the boundaries of the subject site must

remain clear at all times and must not be used for any other purpose including car parking, trade display, storage and signage.

(10) The business is required to provide 1 car parking bay per employee on-site in addition to the residential car parking requirements (2 bays per dwelling).

(11) The business shall not display a sign exceeding 0.5 square metres. The advertisement/sign is of a type that is incorporated as part of building wall, fence or entry statement and not illuminated.

Notes: (a) This approval is valid until 31 December 2017. Should you wish to continue

operating this home business, you will be required to complete a Renewal Form (which will be sent out at the end of year), and pay the Annual Renewal Fee (in accordance with the City’s Schedule of Fees and Charges). Where an approval has so lapsed, no development must be carried out without the further approval of the local government having first been sought and obtained.

(b) If you no longer wish to continue your home business, please advise the City in

writing.

(c) Failure to comply with the planning conditions of this Development Approval or the home business requirements at any time may result in the withdrawal of the home business approval.

(d) The development is required to comply with the Health (Skin Penetration

Procedure) Regulations 1998 and the Code of Practice for Skin Penetration Procedures. Regardless of whether a building permit is required, application shall be made to the City’s Environmental Health Services for assessment and approval prior to commencing development. Two sets of scaled plans (minimum 1:100) and specifications shall be submitted to Environmental Health Services and shall include the following information: - the use of each room/area; - the structural finishes of walls, floors, benches, shelves and other surfaces;

and - the location of sinks and hand washing basins. A final inspection of the premises will be required to be carried out by Environmental Health Services prior to commencing operation. Further information can be obtained from the City of Bunbury’s Environmental Health Services on (08) 9792 7100.

(e) The City of Bunbury advises that the development the subject of this development

approval must comply with the Environmental Protection Act 1986 and the Environmental Protection (Noise) Regulations 1997 in relation to noise emissions,


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and the Environmental Protection Act 1986 and the Environmental Protection (Unauthorised Discharge) Regulations 2004 in relation to discharges into the environment. Further information can be obtained from the City of Bunbury’s Environmental Health Services on (08) 9792 7100 or (08) 9792 7000.

(f) The development the subject of this development approval must comply with the

requirements of the Health Act 1911 and the City of Bunbury Health Local Laws 2001.

2. Advise the applicant and submitter of Council’s decision. Strategic Relevance Key Priority Area 3: Natural and built environment Objective 3.4: Facilitate urban design, diversity of land uses, and enabling infrastructure Background A summary table of details relating to the subject site is as follows:

Property Address: Lot 373 (#6) Alyxia Drive, Glen Iris

Zoning: Residential Zone (R20)

Existing Land Use: Single House

Lot Area: 745m²

The subject site contains an existing single residential dwelling and two small outbuildings and pool located at the rear. The property has a side gate with paved driveway and cleared yard to the front. The surrounding neighbourhood is wholly residential in character with predominantly single houses on lots developed over the last 15 to 20 years. The site is approximately 150m south of the signalised intersection between Alyxia Drive and Forrest Highway. A location plan showing the subject site and its surrounds is attached at Appendix DPDRS-10. The application is to convert the existing carport of the dwelling into an enclosed beauty salon comprising a reception area, private treatment room and separate powder room/toilet. The salon is accessed from the front portico via a separate doorway to the dwelling entrance and is not linked internally with the dwelling. A paved driveway with room for 4 cars has been constructed on the north western portion of the lot. The applicant describes the business as a nail/beauty salon – their website (www.nyabeauty.com) details the treatments as “Waxing, Spray Tanning, Shellac Manicures and Pedicures, Swedish Relaxation Massage and Facials.” The applicant indicates that there will be a maximum of 8 customers per day and the business will operate 9am to 7pm Monday to Friday only and not operate on weekends. The business does not have employees and will be staffed only by the occupier of the residential dwelling. Site photographs and development plans attached at Appendices DPDRS-8 and DPDRS-9.

http://www.nyabeauty.com/


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A building permit to convert the original carport into a habitable room (games room) was granted by the City of Bunbury in May 2016. Following investigations by the City of Bunbury’s Environmental Health staff and Compliance Officer in early August 2016, it became apparent that the home beauty salon was operating from the converted carport without development or health approval and was not consistent with the approved building permit. The applicant was advised to submit an application for development approval as soon as possible. A development application, along with an application for health approval was submitted in late August 2016. The applicant was charged the penalty fee for making a development application retrospectively. Legislative and Council Policy Compliance The following statutory planning instruments of the State Planning Framework and Local Planning Framework are applicable to the assessment of this application for development approval: - Planning and Development Act 2005 (as amended); - Planning and Development (Local Planning Schemes) Regulations 2015; - City of Bunbury Town Planning Scheme No.7 (TPS7); - Glen Iris Structure Plan; - Local Planning Policy: Home Based Businesses and Family Day Care. Officer Comments The subject site is situated in the ‘Residential Zone’. The use class ‘Home Business’ is an ‘A’ use in accordance with Table 1 – Zoning Table of TPS7 and is not permitted unless the local government has exercised its discretion, and determines the application after public consultation has occurred. A ‘Home Business’ is defined in Schedule 1 of the Scheme as: “…a business, service or profession carried out in a dwelling or on land around the dwelling which – (a) does not employ more than 2 people not members of the occupier’s household; (b) will not cause injury to or adversely affect the amenity of the neighbourhood; (c) does not occupy an area greater than 50 square metres; (d) does not involve the retail sale, display or hire of goods of any nature; (e) in relation to vehicles and parking, does not result in traffic difficulties as a result of the

inadequacy of parking or an increase in traffic volumes in the neighbourhood, and does not involve the presence, use or calling of vehicles more than 3.5 tonnes tare weight; and

(f) does not involve the use of an essential service of greater capacity than normally required in the zone.”

A summary assessment of the proposal against the above requirements is as follows:


Does not employ more than 2 people not members of the occupier’s household.

The applicant has advised that the business does not employ anybody and it is operated and staffed solely by the applicant who lives at the property.

Will not cause injury to or adversely affect the amenity of the neighbourhood.

The operation of the beauty salon is entirely enclosed within the existing building and is unlikely to cause any impacts on residential


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amenity in terms of noise, odours, etc. The main issue of concern relates to car parking with neighbours expressing concern about customers potentially parking on the verge, the street or in front of other properties. However, the applicant has provided enough driveway space within the lot to accommodate anticipated customer parking and, if approved, the development can be conditioned to control any verge parking that may occur.

Does not occupy an area greater than 50 square metres.

The area of the converted carport is 26.5m2 net internal area.

Does not involve the retail sale, display or hire of goods of any nature.

The applicant has confirmed that there will be no retail sales, etc. from the business at this address.

In relation to vehicles and parking, does not result in traffic difficulties as a result of the inadequacy of parking or an increase in traffic volumes in the neighbourhood, and does not involve the presence, use or calling of vehicles more than 3.5 tonnes tare weight.

The applicant is proposing sufficient driveway space to meet the parking requirements of both the dwelling and for customers. Conditions are proposed on the recommendation to approve which would control any parking on the verge or in the vicinity.

Does not involve the use of an essential service of greater capacity than normally required in the zone.

The City of Bunbury has not received advice from any utility providers that the subject premises uses services (i.e. water or electricity) at a greater amount than normally required by a dwelling.

In conclusion, the proposal is consistent with the of Bunbury’s Local Planning Policy for Home Businesses and TPS7 in that the scale, design, nature and impacts of the proposal are appropriate and meet relevant requirements. The required car parking is being provided within the lot boundary and any potential negative impacts on the amenity of the surrounding neighbouring area can be controlled through the recommended conditions. Analysis of Financial and Budget Implications This application for development approval relates to private property, and therefore, the effect of the recommendation has no budgetary or financial implications for the City of Bunbury. Community Consultation The proposal was advertised for public comment from 28 September 2016 to 18 October 2016. Public consultation measures included the following: - letters sent to surrounding landowners and occupiers; - public notification sign erected onsite; - public notice of proposal published in a locally circulated newspaper (three consecutive

editions); - public notice of proposal posted on the City of Bunbury’s website; and


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- copies of plans and supporting information made available at the City of Bunbury’s customer service centre.

In total, three (3) submissions were received from Service Authorities, all with no objections to the proposal, and one (1) submission from an adjoining landowner, objecting to the proposal. The neighbour’s objection was concerned with the impacts of the proposal on the amenity of the residential area, particularly in terms of car parking. Refer to the Schedule of Submissions attached at Appendix DPDRS-11. Councillor/Officer Consultation The application for development approval has been referred to the City of Bunbury’s Development Coordination Unit (DCU) for professional advice and technical assessment prior to the finalisation of this report. Consultation with the applicant The officer’s draft recommendation has been shared with the applicant. Delegation of Authority This application for development approval has been referred to Council for its determination, as a submission objecting to the proposal was received during the public consultation process, and therefore it cannot be determined under delegation.


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10.5 Director Works and Services Reports

Nil


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11. Applications for Leave of Absence

No requests for Leave of Absence had been received at the time of printing.

12. Motions on Notice

No Motions on Notice had been received at the time of printing.

13. Questions on Notice

13.1 Response to Previous Questions from Members taken on Notice Nil.

13.2 Questions from Members

14. New Business of an Urgent Nature Introduced by Decision of the Meeting


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15. Meeting Closed to Public

15.1 Matters for which the Meeting may be Closed These reports are confidential in accordance with section 5.23(2)(e) of the Local Government Act 1995, which permits the meeting to be closed to the public for business relating to the following:

(e) a matter that if disclosed, would reveal —

(i) a trade secret; or

(ii) information that has a commercial value to a person; or

(iii) information about the business, professional, commercial or financial affairs of a person,

where the trade secret or information is held by, or is about, a person other than the local government; and

Recommendation In accordance with section 5.23(2)(e) of the Local Government Act 1995 and clause 6.2 of the City of Bunbury’s Standing Orders Local Law 2012, Council resolves to close the meeting to members of the public to consider the items titled: “15.1.1 Tender – Plumbing and Gas Maintenance Services RFT1617-0003”; “15.1.2 Quotation – Lease of Cardio and Strength Equipment – South West Sports centre

RFQ1617-00021”


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15.1.1 Tender – Plumbing and Gas Maintenance Services RFT1617-0003


Responsible Officer: David Russell - Senior Contracts and Procurement Officer

Executive: Gavin Harris, Director Works and Services

Attachments: CRUSC-1: Evaluation Report RFT1617-0003

This report is confidential in accordance with section 5.23(2)(e) of the Local Government Act 1995, which permits the meeting to be closed to the public for business relating to the following:

(e) a matter that if disclosed, would reveal—





A confidential report and recommendation has been circulated to members under separate cover (Confidential Report CRUSC-2). The report is not for circulation.


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15.1.2 Quotation – Lease of Cardio and Strength Equipment – South West Sports centre RFQ1617-00021


Responsible Officer: David Russell - Senior Contracts and Procurement Officer

Executive: Stephanie Addison-Brown, Director Corporate and Community Services

Attachments: CRUSC-2-1: Evaluation Report RFQ1617-00021

This report is confidential in accordance with section 5.23(2)(e) of the Local Government Act 1995, which permits the meeting to be closed to the public for business relating to the following:

(e) a matter that if disclosed, would reveal—





A confidential report and recommendation has been circulated to members under separate cover (Confidential Report CRUSC-2). The report is not for circulation.


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15.2 Public Reading of Resolutions that may be made Public

16. Closure

Bunbury City Council Notice of Meeting and Agenda 29 ... and... · CITY OF BUNBURY 4 Stephen Street...

Documents

Transcript of Bunbury City Council Notice of Meeting and Agenda 29 ... and... · CITY OF BUNBURY 4 Stephen Street...