Minutes Ordinary Council Meeting...Jul 25, 2007 · Bedford Thomson Brook Rd $2,500 Elmsleigh...

Minutes

Ordinary Council Meeting

Held on

Wednesday, 25 July 2007

Commencing at 4.00pm

In Council Chambers Cnr Bentley and Collins Streets, Donnybrook WA 6239

JR Attwood Chief Executive Officer Date: 26 July 2007 Disclaimer The advice and information contained herein is given by and to the Council without liability or responsibility for its accuracy. Before placing any reliance on this advice or information, a written inquiry should be made to the Council giving entire reasons for seeking the advice or information and how it is proposed to be used.

Ordinary Council Meeting 25 July 2007 ________________________________________________________________________________________________

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ORDINARY COUNCIL MEETING MINUTES

25 July 2007

TABLE OF CONTENTS

1 PUBLIC QUESTION TIME ..................................................................................................4

2 APPLICATION FOR LEAVE OF ABSENCE.........................................................................4

3 DECLARATION OF FINANCIAL/IMPARTIALITY INTEREST .........................................4

4 PETITIONS/DEPUTATIONS/PRESENTATIONS .............................................................. 5

5 MINUTES OF PREVIOUS MEETINGS ............................................................................... 5

5.1 Donnybrook Marathon Committee Meeting – 28 June 2007...................................5

5.2 Ordinary Council Meeting – 27 June 2007...............................................................5

5.3 Special Council Meeting (Transit Park) – 5 July 2007 ..............................................5

6 REPORTS OF COMMITTEES..............................................................................................6

6.1 Donnybrook Marathon Committee Meeting – 28 June 2007...................................6

6.1.1 SUBJECT: DONNYBROOK MARATHON 2007 – REVIEW OF ACTION

PLAN ..................................................................................................................6

7 REPORTS OF OFFICERS..................................................................................................... 7

7.1 Manager Finance and Administration ........................................................................7

7.1.1 ACCOUNTS FOR PAYMENT ...........................................................................7

7.1.2 SUBJECT: RESERVE FUND TRANSFERS – 2006/07 .................................7

7.2 Manager Works and Services .....................................................................................10

7.2.1 SUBJECT: TENDER RFT 03/2007 – PLANT HIRE VARIOUS .................10

7.2.2 SUBJECT: ROAD RENAMING – OLD BROOKHAMPTON ROAD ...........12


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7.2.3 SUBJECT: LOCAL GOVT ACT – GATE ACROSS PUBLIC

THOROUGHFARE..........................................................................................15

7.2.4 SUBJECT: DRAFT ROADSIDE MANAGEMENT POLICY 4.21..................18

7.3 Manager Development & Environmental Services ..................................................38

7.3.1 SUBJECT: PROPOSED EUCALYPTUS PLANTATION – LOT 201 HAY

ROAD, BALINGUP..........................................................................................38

7.3.2 SUBJECT: EXTRACTIVE INDUSTRY APPLICATION................................45

7.3.3 SUBJECT: PROPOSED OUTBUILDING ......................................................51

7.3.4 SUBJECT: ROAD DEDICATION – MARMION STREET EXTENSION ....52

7.3.5 SUBJECT: REVIEW TOWN PLANNING POLICY – ROAD

CONTRIBUTION POLICY 9.1 ........................................................................54

7.3.6 SUBJECT: PROPOSED TOWN PLANNING POLICY – DAMS POLICY

9.13....................................................................................................................63

7.3.7 SUBJECT: PROPOSED TOWN PLANNING POLICY – COMMUNITY &

RECREATION FACILITIES CONTRIBUTION 9.14 ....................................69

7.4 Chief Executive Officer ...............................................................................................77

7.4.1 SUBJECT: PROPOSED PLAYGROUND – CNR COLLINS AND RESERVE

STREETS, DONNYBROOK ............................................................................77

7.4.2 SUBJECT: WASTE MANAGEMENT LEVY ..................................................82

7.4.3 SUBJECT: CORPORATE MEMBERSHIP – LGMA 2007 /08 ....................83

7.4.4 SUBJECT: WA LOCAL GOVERNMENT ASSOCIATION ANNUAL

GENERAL MEETING .....................................................................................86

7.4.5 SUBJECT: PUBLIC LIABILITY CLAIM ........................................................87

7.4.6 SUBJECT: TELECENTRE COMMITTEE......................................................88

7.4.7 SUBJECT: COUNCILLOR REPRESENTATIVE - KIRUP PROGRESS

ASSOCIATION.................................................................................................89

7.4.8 SUBJECT: BALINGUP OVAL FENCING ......................................................90

7.4.9 SUBJECT: DENTAL SURGERY .....................................................................95

8 CLOSURE OF MEETING...................................................................................................98


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SHIRE OF DONNYBROOK/BALINGUP

ORDINARY COUNCIL MEETING MINUTES

Held in Council Chambers on Wednesday, 25 July 2007 at 4.00pm

MEMBERS PRESENT COUNCILLORS STAFF Cr Hearman (President) John Attwood – CEO Cr Duncan Daniel Bromley – Principal Planner Cr Crowley Rick Miller – Manager Works and Services Cr Dawson Gary Barbour – Manager Development & Cr Stewart Environmental Services Cr Dilley Debra Chalmers – CEO Secretary PUBLIC GALLERY INVITED GUESTS Jeff Heath Ann Young Neville Dowling - TME Erika Karlsson – Press (from 4.11pm) APOLOGIES Cr Contarino Cr Haygarth

1 PUBLIC QUESTION TIME

Nil

2 APPLICATION FOR LEAVE OF ABSENCE

Nil

3 DECLARATION OF FINANCIAL/IMPARTIALITY INTEREST

Division 6: Sub-Division 1 of the Local Government Act 1995. Care should be taken by all Councillors to ensure that a financial/impartiality interest is declared and that they refrain from voting on any matter, which is considered to come within the ambit of the Act. Financial Interest Cr Dawson declared a financial interest in item 7.2.1 - Tender RFT 03/2007 – Plant Hire Various, as he is a tenderer. Cr Hearman declared a financial interest in item 7.3.2 - Extractive Industry Application, as he is an extractive industry licence holder.


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4 PETITIONS/DEPUTATIONS/PRESENTATIONS

The Shire President on behalf of Council and FESA presented Jeff Heath with a National Medal Long Service Award (15 years) for his dedicated service as a volunteer to Brazier/Kirup Bushfire Brigade.

5 MINUTES OF PREVIOUS MEETINGS

5.1 Donnybrook Marathon Committee Meeting – 28 June 2007

Council Decision

Moved: Cr Dilley Seconded: Cr Crowley That the minutes of the Donnybrook Marathon Committee meeting held on 28 June 2007 be received.

Carried 6/0

5.2 Ordinary Council Meeting – 27 June 2007

Council Decision

Moved: Cr Duncan Seconded: Cr Dawson

That the minutes of the ordinary meeting held on 27 June 2007 be confirmed as a true and accurate record.

Carried 6/0

5.3 Special Council Meeting (Transit Park) – 5 July 2007

Council Decision

Moved: Cr Dilley Seconded: Cr Crowley

That the minutes of the Special Council meeting (Transit Park) held on 5 July 2007 be confirmed as a true and accurate record.

Carried 6/0


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6 REPORTS OF COMMITTEES

6.1 Donnybrook Marathon Committee Meeting – 28 June 2007

6.1.1 SUBJECT: DONNYBROOK MARATHON 2007 – REVIEW OF ACTION PLAN

Location: Donnybrook Applicants: N/A Zone: N/A File Ref: TRS01/11 Author: J.Attwood – CEO (W.Trow) Report Date: 12 June 2007 Attachment: 6.1.1 - Program of Activities Background The 2007 Donnybrook Marathon will be held on Saturday 17th November 2007. A program of activities required to co-ordinate a successful event is at Attachment 6.1.1. Comment Status of Attachment 6.1.1- details to be discussed at meeting. Consultation Not applicable Policy/Statutory Implications None. Financial Implications The Marathon is self-funded. Strategic Implications The Donnybrook Marathon assists Council achieve Strategy 9 of the Shire Strategic Plan “Community participation in recreation, leisure and cultural activities.” Council Decision (Officer’s & Committee’s Recommended Resolution)

Moved: Cr Duncan Seconded: Cr Crowley

That the strategies at Attachment 6.1.1 (to be discussed at meeting) be implemented to ensure the safe running and promotion of the 2007 Donnybrook Marathon.

Carried 6/0


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7 REPORTS OF OFFICERS

7.1 Manager Finance and Administration

7.1.1 ACCOUNTS FOR PAYMENT

Council Decision (Officer’s Recommended Resolution)

Moved: Cr Dawson Seconded: Cr Crowley

That accounts authorised and paid under delegation No. 3.2 by the Chief Executive Officer represented by cheques 36965-37191, 2346-2358, EFT/CCP 1200-1219 representing $1,666,456.22 be confirmed for payment.

Carried 6/0

7.1.2 SUBJECT: RESERVE FUND TRANSFERS – 2006/07

Location: Administration Applicants: Administration Zone: N/A File Ref: FNC 10/1 Author: Greg Harris – Manager, Finance & Administration (Belinda Richards,

Assistant Accountant) Report Date: 19 July 2007 Attachments: Nil Background As at 30th June 2007 there will be a small number of projects which will not be completed and will be carried forward to the 2007/2008 financial year. As these projects were to be funded from the 2006/2007 budget allocation it is necessary for any unspent funds to be treated as Restricted Assets thereby making the funds available for the 2007/2008 financial year. To facilitate this process the unspent funds are transferred to the respective Council Reserve Fund. Comment As the 2006/2007 budget does not provide for the transfer of funds as mentioned above, it will be necessary for Council to authorize the following Reserve Fund Transfers. Transfer to Roadworks Reserve Road Projects

C504 Rear Access Road (40% of $102,000 RRG) $40,800 C504 Rear Access Road (80% of $150,000 RRG less $17,500

spent) $102,500

C607 Upper Capel Road (SBS 06/07) $22,680 C702 Brookhampton Rd (RRG 06/07) $17,425


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C703 Southampton Rd (06/07 Muni Contrib) $20,000 C703 Southampton Rd (RRG 06/07) $24,000 C704 Ferguson Rd (SBS 06/07) $20,000 C614 Grimwade Greenbushes Rd (Muni Alloc) $12,140

Developers Contribution Machin Steere St Balingup (Roads & Drainage) $6,000 Cooper Ravenscliffe Rd $3,000 Southampton Properties Pty Ltd

Forrest St Balingup $1,500

G&S Kirkness McCutcheon Rd $10,000 Bedford Thomson Brook Rd $2,500 Elmsleigh Holdings Hurst Rd (Landscaping) $1,950 McKenzie-Stubbs Crossover Contribution – Thompson Brook Rd $2,500 Transfer to Building Reserve Dental Surgery Cabinet Work $9,794.54 Balingup Rec Centre Lighting Upgrade $3,181.82 In addition to the above transfers to Reserve, the following amounts will be transferred from Reserve to Municipal. Council authorisation is required to utilise the funds. Transfer from Aged Housing Reserve Minninup Cottages Contingency $5,083.70 Langley Villas Contingency $813.00 Transfer from Employee Leave Reserve LSL - Administration $20,761.98 LSL - Administration $9,075.61 LSL - Administration $2,882.28 LSL - Administration $3,234.00 LSL - Recreation Centre $5,008.65 LSL - Recreation Centre $8,861.86 LSL - Works & Services $6,255.93 LSL - Works & Services $7,149.64 LSL - Works & Services $611.54 Consultation N/A Policy/Statutory/Voting Implications Voting - Absolute Majority


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Financial Implications The proposed Reserve Fund Transfers are necessary to ensure that funds allocated in the 2006/2007 budgets are classified as restricted assets and therefore available to spend on the listed projects when they occur. Strategic Implications N/A Council Decision (Officer’s Recommended Resolution)

Moved: Cr Dilley Seconded: Cr Stewart

That Council authorise the following transfers between Council Reserve Funds: Transfer to Roadworks Reserve

Road Projects

C504 Rear Access Road (40% of $102,000 RRG) $40,800 C504 Rear Access Road (80% of $150,000 RRG

less $17,500 spent) $102,500

C607 Upper Capel Road (SBS 06/07) $22,680 C702 Brookhampton Rd (RRG 06/07) $17,425 C703 Southampton Rd (06/07 Muni Contrib) $20,000 C703 Southampton Rd (RRG 06/07) $24,000 C704 Ferguson Rd (SBS 06/07) $20,000 C614 Grimwade Greenbushes Rd (Muni Alloc

C614) $12,140

Developers Contribution Machin Steere St Balingup (Roads & Drainage) $6,000 Cooper Ravenscliffe Rd $3,000 Southampton Properties Pty Ltd

Forrest St Balingup $1,500

G&S Kirkness McCutcheon Rd $10,000 Bedford Thomson Brook Rd $2,500 Elmsleigh Holdings

Hurst Rd (Landscaping) $1,950

McKenzie-Stubbs

Crossover Contribution – Thompson Brook Rd

$2,500

Transfer to Building Reserve

Dental Surgery Cabinet Work $9,794.54 Balingup Rec Centre Lighting Upgrade $3,181.82

In addition to the above transfers to Reserve, the following amounts will


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be transferred from Reserve to Municipal. Council authorisation is required to utilise the funds. Transfer from Aged Housing Reserve

Minninup Cottages Contingency $5,083.70 Langley Villas Contingency $813.00

Transfer from Employee Leave Reserve

LSL - Administration $20,761.98




LSL - Recreation Centre $5,008.65

LSL - Recreation Centre $8,861.86

LSL - Works & Services $6,255.93

LSL - Works & Services $7,149.64

LSL - Works & Services $611.54

Carried 6/0

By an Absolute Majority

4.06pm – Cr Dawson re-declared a financial interest in item 7.2.1 as he is a tenderer, and left the meeting

7.2 Manager Works and Services

7.2.1 SUBJECT: TENDER RFT 03/2007 – PLANT HIRE VARIOUS

Location: Shire of Donnybrook/Balingup Applicants: Works & Services Zone: N/A File Ref: TEN 06/3 Author: Manager Works and Services - R Miller

(T.McCaughan) Report Date: 17 July 2007 Attachments: 7.2.1 - List of tenderers and plant offered Background This item was placed before Council in March 2007 to set tender criteria. The item referred to a need as part of Works and Services forward planning and budgeting process to call for quotations/tenders for the long term hire of plant and equipment. This will provide operational efficiencies and flexibility by allowing the engagement of contractors on joint projects with Council’s workforce without the time delays associated with calling for quotations and tenders.


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Comment The tender was advertised and sixteen (16) tenders were received. The tenderers were both local, regional area and metropolitan. The tenderers were all advised in the specifications there was no guaranteed work for an extended period and subject to the adopted roadworks budget over the next two years the amount of work may vary. Support of the local contractors is important and the local price preference policy will be applied when assessing individual job requirements and setting a hierarchy guideline for use of contractors. Although no written request was made in the tender lodgements some local tenderers questioned if the release of the rates may break business confidentiality. Staff has investigated this with the Department of Local Government with the advice that the rates must be included in the Tender register and these are available for inspection under FOI legislation. The rates do not need to form part of the Council agenda, only the written evaluation. All of the tenders lodged will form the basis of an approved contractor list at agreed rates for specified period. Staff will choose the item of plant that is most advantageous to Council when negotiating hire of each item. In selection of plant to hire consideration will be given to the availability of plant, suitability of plant for job, cost, and duration and Council policies, “Policy 2.21 Regional Price Preference” and “Policy 2.26 Purchasing and Tendering Policy”, Through the implementation of plant hire list, Council officers will be provided with improved flexibility in delivering the annual works program. Where needed plant may be hired at short notice to complement shire plant or used independently and monitored by shire staff, or officers may still call for quotes/tender where required. Tenderers included on list may be engaged for works to the value greater than $100,000 on an annual basis. Throughout the duration of tender other firms may still provide quotations of plant hire but can only provide supply of services to the value of $100,000. This format has been used successfully at other Councils to maximize the benefit to Council in delivery of the works program. Consultation Advertising in LG Net, local, district/statewide newspapers. Policy/Statutory Implications Policy 2.21 – Regional Price Preference Policy 2.26 – Purchasing and Tender Policy Local Government Tender Regulations Shire of Donnybrook/Balingup Occupational Safety & Health Policy Financial Implications Nil


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Strategic Implications Complies with Principal Activities Plan 2005/06 – 2008/09 adopted July 2005. Outcome 7; Transport systems and infrastructure designed to meet current and future

needs. Outcome 7.1; Develop and implement quality systems for construction and maintenance

programmes. Council Decision (Officer’s Recommended Resolution)

Moved: Cr Duncan Seconded: Cr Dilley

That Council accept all tenders submitted for ‘RFT 03/2007 - Plant Hire Various’ , at the prescribed rates for the specified period until 30 June 2009.

Carried 5/0

4.10pm – Cr Dawson returned to the meeting. 4.11pm – Erika Karlsson (Press) attended the meeting.

7.2.2 SUBJECT: ROAD RENAMING – OLD BROOKHAMPTON ROAD

Location: BROOKHAMPTON Applicants: Cr C Stewart Zone: N/A File Ref: RD0036 Author: R Miller (T. McCaughan) Report Date: 2 July 2007 Attachments: 7.2.2 - Map 180707 Background Council resolved at the meeting of the March 2007 to advertise and seek public submissions on the re-naming of Old Brookhampton road. Detail of the background was put to the public by advertisement, by letter to all adjoining landowners and others. In the detail was a mail back response form asking questions relating to the proposal. Comment Out of the submissions sent out only eight (8) responses were received. The response form asked the following;

Response 1: This is to advise that I/we object to any change to the road name already in existence. - No responses objected to the change of name.


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Response 2: This is to advise that I/we advise that we are in agreement to the change of road name to; a. Entire Road – No objections (see Response 3) b. Portion of Road (South of Brookhampton Rd) – No objections

Seven (7) responses were in favour of renaming this section to Foan Road. c. Portion of Road (North of Brookhampton Rd) – No objections

Seven (7) responses were in favour of renaming this section to Parsons Road.

Response 3: No comment – Objection to change was received from the Brookhampton Progress Association with six (6) objecting to any change and one (1) in favour of change.

One ratepayer who had no objection to the changes proposed raised the issue of extending Hackett Road through to area. This has no relevance to the proposal at hand. Although only eight (8) responses were received in actual fact they represented fourteen (14) responses in total. On balance this means that eight (8) in favour of change and six (6) against. As the responses were close and to avoid any possible long term queries or complaints it is suggested that the portion of the road north of Brookhampton Road not be renamed and remain as Old Brookhampton Road, but it be re-numbered. The section Old Brookhampton Road south of Brookhampton Road be renamed Foan Road. Consultation Advertising and letter mail outs to landowners was undertaken. Policy/Statutory/Voting Implications

Policy 4.20 “Rural Street Addressing”, Policy 2.11 “Naming of Un-named Roads” Financial Implications Some costs have been incurred for the advertising. Strategic Implications Outcome 7; Transport systems and infrastructure designed to meet current and future

needs. Outcome 7.1; Develop and implement quality systems for construction and maintenance

programmes. Officer’s Recommended Resolution

That Council commence action to rename portion of Old Brookhampton Road as follows;

a. Rename that section of Old Brookhampton Road south of

Brookhampton Road to Foan Road with road numbering commencing at Brookhampton Road; and


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b. Retain the name of Old Brookhampton Road north of Brookhampton Road with road numbering commencing at South Western Highway.

Motion

Moved: Cr Dawson Seconded: Cr Crowley That Council commence action to rename portion of Old Brookhampton Road as follows;



b. Retain the name of Old Brookhampton Road north of Brookhampton Road with road numbering commencing at South Western Highway.

Amendment

Moved: Cr Stewart Seconded: Cr Dilley That the motion be amended in point b) to read Rename that section of Old Brookhampton Road north of Brookhampton Road to Parsons Road with road numbering commencing at Brookhampton Road.

Carried 4/2 Council Decision The presiding person put the amended motion:

That Council commence action to rename portion of Old Brookhampton Road as follows;



b. Rename that section of Old Brookhampton Road north of Brookhampton Road to Parsons Road with road numbering commencing at Brookhampton Road.

Carried 4/2

Justification: Council accepted that the renaming of Old Brookhampton road to Parsons road would provide clear direction to all road users while recognising an early Pioneer of the district.


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7.2.3 SUBJECT: LOCAL GOVT ACT – GATE ACROSS PUBLIC THOROUGHFARE

Location: Layman Road - Balingup Applicants: D B Avila Zone: N/A File Ref: RD 0207 Author: R Miller (T McCaughan) Report Date: 12 July 2007 Attachments: 7.2.3 (a) Letter from Mr Avila 7.2.3 (b) Location Plan 070718-1 Background Mr Avila has written to Council seeking formal approval under the Local Government Act to have a gate and fence across Layman Road, Balingup, stating that it will help secure his stock and keep the road reserve clean reducing the fire hazard. Attachment 7.2.3 (a) Mr Avila owns lots 151 & 152 adjacent to Layman Road, Balingup. Attachment 7.2.3 (b) is attached showing the location of the request. Comment The Local Government Act 1995 (Schedule 9.1 (cl 5(1)(2)) and the Local Government (Uniform Local Provisions) Regulations 1996 provide the legal instrument for the installation of such gates. Following a recent inspection by Staff of the area a gate and fence were found to have been placed across Layman Road, Balingup. As a result the landowners were advised to remove the gate as Council had not approved the placement of the gate and fence. Layman Road beyond this gate is an un-constructed road reserve. The land owner to the north of this section of road has also gated the road and enters from another direction, a letter has been sent to that landowner, no reply has as yet been received. Council at present has no plans to construct this portion of road and other than the landowner there appears to be no reason for vehicles to access past the proposed gate location. If the gate is to be locked then the applicant shall be required to provide three copies of keys to Council one for the Works Supervisor, one for the local fire brigade in the event of an emergency and one for the key register. Control of this type of approval is by electronic memo placed on the property rating system and pops up when the property information is accessed, along with a copy of the resolution on the property file. Consultation Nil Policy/Statutory Implications Policy implications nil.


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Statutory implications are as follows; 1. Local Government Act 1995 Schedule 9.1, Clause 5(1)(2) – Gates Across Public

Thoroughfares states;

“(1) Regulations may be made under which a local government may authorise a person to have across a public thoroughfare that is under its control or management a gate or other device that enables motor traffic to pass and prevents the straying of livestock. (2) Regulations may include provisions for ensuring that a gate that has been placed across a public thoroughfare with the authority of a local government is not left open.”

2. Local Government (Uniform Local Provisions) Regulations 1996 Clause 9 – Permission to Have Gate Across Public Thoroughfare – Schedule 9.1, Clause 5(1) states; “(1) A person may apply to the local government for permission to have across a public thoroughfare under the control or management of the local government a gate or other device that enables motor traffic to pass across the public thoroughfare and prevents livestock from straying. (2) The local government may, before dealing with the application, require the applicant to publish notice of the application in such manner as the local government thinks fit. (3) Permission granted by the local government under this regulation is required to specify the period for which it is granted and may be renewed from time to time. (4) The local government may impose such conditions as it thinks fit on the construction, placement and maintenance of the gate or other device across the public thoroughfare and may, when renewing the permission or at any other time, vary any condition. (5) The local government may at any time withdraw permission granted under this regulation and request the person responsible for the gate or other device to remove it within a time specified in the request. (6) A person to whom a request is made under sub regulation (5) commits an offence if the person fails to comply with the request. (7) The penalty for an offence under sub regulation (6) is $1,000.00. (8) A local government is required to keep a register of gates and other devices constructed under this regulation.

(Note: Sub regulation (6) is of a kind prescribed in Schedule 3.1, Division 2,item 1A. This means that an offender might be given a notice under section 3.25(1)(b) of the Act and if the notice is not complied with the local government may, under section 3.26, itself do what the notice required and recover the cost from the offender.)


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Clause 10 – Gate Across Thoroughfare Not To Be Left Open – Schedule 9.1,Clause 5(2) “(1) A person who leaves open a gate registered under regulation 9(8) commits an offence. (2) The penalty for an offence against sub regulation (1) is $1 000.00.” Financial Implications Nil Strategic Implications Nil Council Decision (Officer’s Recommended Resolution)

Moved: Cr Dilley Seconded: Cr Crowley That;

1. Council grant licence to Mr D B Avila for the installation of a gate(s)

across Layman Road, the construction, materials and placement of same to be undertaken at no cost to Council to the satisfaction of the Manager of Works & Services.

2. The applicant be advised that the licence is valid at the location

shown on the map to the 30 June 2012 and that renewal of same will be at Council’s discretion following receipt of a formal request to do so from the proponent at least 60 days before the expiry of permission.

3. The licence is issued subject to the applicant providing three keys to

the Shire if gate is to be locked.

4. That a turnaround area be constructed immediately before the locked gate in Layman Road at no cost to Council to the satisfaction of the Manager of Works & Services.

5. Council may at any time withdraw the license granted and may request the license holder to remove the gate and fence within the time, at the applicants expense, specified in the request.

Carried 6/0


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7.2.4 SUBJECT: DRAFT ROADSIDE MANAGEMENT POLICY 4.21

Location: Shire of Donnybrook/Balingup Applicants: Shire of Donnybrook/Balingup Zone: N/A File Ref: WRK 15/7 Author: Manager, Works and Services – Rick

Miller Report Date: 18 July 2007 Attachments: Nil Background Over the past few years there have been a number of changes to state road policies which have had a flow on effect to Local Government. The changes have been implemented by both Main Roads Western Australia and Department of Environment for Conservation. This has now resulted in changes to the level of controls and responsibilities with any activity in a road reserve. To assist Council staff with the administration of these changes, the interpretation should be detailed in a Council policy. Comment The aim of developing a comprehensive roadside management policy is to set out the requirements and responsibilities of the Shire, developers, utility providers and private land owners in regard to the construction, upgrading and maintenance of roads and drainage within the Shire while making consideration of minimizing the impact on roadside native vegetation. The framework of this policy deals with the various tasks which may be carried out within a road reserve that may affect roadside vegetation. The policy has put together best management practices based on various guidelines, Council existing polices and other Council’s policies in the one document. Given the nature and extent of the document it will be advertised to seek community feedback on the policy. The policy and its implementation will demonstrate the shires commitment to maintaining a safe road network while incorporating measures to maintain native roadside vegetation. During the advertising period Council officers will continue to review the policy to check for overlaps or contradictions with local laws and statutory obligations. These will be assessed for incorporation in the final document along with consideration of any public comment received. The draft policy is presented below. Consultation It is recommended that this draft policy be advertised to seek public comment. Policy/Statutory/Voting Implications Policy 4.9 Policy 4.18 Policy4.19


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Financial Implications Council has allowance in budget for maintenance of its road verges, however there may be occasions where larger project can not be undertaking within budget, these projects will be presented to Council for further direction. Strategic Implications N/A Council Decision (Officer’s Recommended Resolution)

Moved: Cr Duncan Seconded: Cr Stewart

That Council advertise the following Draft Policy 4.21 “Roadside Management” to seek public comment.

Carried 6/0

ENGINEERING

POLICY NO: 4.21 DRAFT

POLICY: Roadside Management

1.0 PURPOSE OF THE POLICY This Policy caters for the management of local road verges within road reserves under the jurisdiction of the Shire of Donnybrook-Balingup; and road verges adjacent to roads under Main Roads WA jurisdiction within designated townsite areas. 2.0 AIM & OBJECTIVES The aim of this policy are to:

• To provide guidelines for the effective management of rural and urban road verges within the Shire of Donnybrook-Balingup.

The objectives of this policy are to:

• To allow for the full construction and maintenance of roads and public facilities in compliance with duty of care responsibilities, while providing for protection and conservation of native and significant vegetation.

• Minimise the reduction of roadside vegetation and enhance their condition and values; in the context of managing all uses and values of the road reserves,

• Have minimal net loss of native vegetation in roadsides,


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• Have Council staff take into account the presence of Declared Rare Flora and significant vegetation when working in roadside areas and or assessing impact of works on the roadside.

• Endeavour to maintain total lengths of High, Medium and Low Conservation Roadsides in the Shire (i.e. no-net loss of roadside value),

• Ensure all community roadside planting projects receive prior approval by Council (and so reduce rehabilitation which will grow to cause safety risks unacceptable to Council), and

• Protect existing environmental values, stabilise where necessary and maximise opportunities for revegetation in new road reserves.

3.0 WHERE THE POLICY APPLIES This policy caters for the management of:

• Road verges within local road reserves under the jurisdiction of the Shire of Donnybrook-Balingup; and

• Road verges adjacent to roads (kerbed and unkerbed) under Main Roads WA (MRWA) jurisdiction within designated townsite areas.

The Shire of Donnybrook-Balingup road verge areas of responsibility are therefore summarized into the following categories:

• Local roads in rural areas (sealed and unsealed);

• Local roads in residential areas;

• Road verges adjacent to kerbed MRWA roads in townsites. 4.0 MANAGEMENT PRINCIPLES 4.1 Verges with Remnant Vegetation Present The Shire of Donnybrook-Balingup is committed to prevent the further decline in species and genetic diversity by the protection and enhancement of remnant vegetation within road verges. This is to be achieved whilst at the same time maintaining a safe and efficient road network and an efficient road reserve drainage system. It is acknowledged that utility providers (such as Western Power, Telstra, Water Authority and Alinta Gas) have statutory rights to locate and maintain services along public road reserves (and mainly within road verges). The Shire of Donnybrook-Balingup is to liaise with utility providers (where appropriate) to ensure the conservation, enhancement and protection of identified remnant roadside vegetation. 4.2 Developed Verges The Shire of Donnybrook-Balingup is committed to encouraging the beautification of road verges within townsites and maintaining natural vegetation in rural areas, in order to create safe and aesthetically pleasing streetscapes. Reference Council Policy 4.18 Private Planting of Trees and Shrubs near Local Roads, and Policy 4.19 Street Trees, Verges & Streetscaping.


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5.0 RURAL ROADS 5.1 Developed Verge Clearance for Road Safety, Fence Lines and Services

1 Road Safety Although conservation of roadside vegetation is a primary objective of this policy, road safety is the principal consideration for road managers. Where visibility and general safety is likely to be impaired, vegetation should be kept clear of the road formation particularly bridges, curves, road junctions, farm entrances, school bus stops, signs and a minimum 2.5m behind guideposts or the back of kerbs (on straight road sections). A minimum height clearance from the road surface of 5.5 metres should be maintained on all roads listed under the Main Roads General Endorsed Network for oversized vehicles. Generally 5.5 metres clearance will be adopted for all shire roads but each case will be assessed on its merits when pruning activities are carried out. Where visibility is a concern the vegetation is to be assessed by competent staff to determine the actual type and extent of any treatment. The Council Officer will make reference to Austroads Guide for Intersection at Grade, sight distance requirements, or any relevant guidelines or standards. In some instances larger vegetation (trees) may be acceptable close to the edge of the road formation. This is allowable only where a sufficient width of formation is available, the horizontal and vertical road alignment suitable and the conditions do not present motorists with an unexpected obstacle too close to the edge of the road.

2 Fence Lines Clearing of vegetation along fence lines is to be kept to a minimum and only carried out with the written consent of the Shire of Donnybrook-Balingup prior to works commencing. Landowners are to discuss their fencing activities along road reserves in order that the road verge can be assessed. Once the Shire has been contacted an appropriate Works and Services staff member will ascertain the impact of the proposed fencing on the roadside vegetation. The outcome of the assessment is to be discussed with the landowner, or referred to the Department of Environment for Conservation (DEC). A distance of 1.5metre from the property boundary fenceline within the road reserve is allowable for clearing purposes under the Environmental Protection Act 1986; however this is to be confirmed during the assessment. Where significant vegetation is present the option to set the fence back within the property shall be discussed with the landowners for consideration, and / or inclusion of planting to offset the removed vegetation. An inspection is to be undertaken once fencing is completed to ensure compliance with the approval and that all cut vegetation and fencing materials have been removed from the road verge.


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Should landowners conduct clearing of a road verge without permission, they will be required to satisfactorily revegetate the disturbed area as directed with appropriate replacement species at their own cost and the matter may be referred to the DEC for action.

3 Services Alignment of services (where possible) is to be conducted in such a way as to minimise impact on roadside vegetation. In terms of the Utility Providers Code of Practice WA utility providers are to liaise with the Shire regarding the position of services, and the reinstatement and rehabilitation of disturbed areas. All materials are to be removed from the road verge on the completion of works. The trenches (in the case of services) are to be backfilled, adequately compacted and trimmed. If required, revegetation is to be carried out in accordance with guidelines provided by Works and Services. 5.2 Fire Management

1 Road Verge Burning The use of fire to abate fire hazards and clear roadside drains should be confined to areas where distinct hazards, high ignition risks and high values can be identified. In general, these relate to roadsides where native plant species have been replaced by annual weeds and grasses. Where possible, mowing and herbicide treatment is to be used to minimise roadside burns. Roadside burning is to be carried out as part of a Fire Management Plan taking into account the ecological management of the vegetation, the abatement of fire hazard and the maintenance of roadside drains, using the following broad guidelines:

• Only one side of a road is to be burnt in any one year

• No single hazard reduction burn is to exceed 500m along a single verge

• Adjoining strips may not be burnt within three years

• Adjacent verges are not to be burnt within three years

• Where native vegetation is present (depending on species) - burns are, where possible, to be carried out in autumn or spring.

An application is to be made before a permit can be issued by the Chief Executive Officer prior to any roadside burning activity being undertaken. Burns are to be conducted by the relevant Bush Fire Brigade or Works and Services staff. No road verge burning may be carried out by individuals.

2 Fire Breaks on Road Reserves Firebreaks are not to be constructed on road verges without first obtaining a permit. A permit may not be issued if the road reserve is less than 20m in width unless the construction of such a break is deemed desirable for the protection of road verge vegetation.


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5.3 Flora and Fauna Conservation

1 Seed Collection Seed from native flora may be collected on road verges within the Shire of Donnybrook-Balingup on receipt of a permit issued by the Chief Executive Officer. Only collectors in possession of the appropriate Department of Environment for Conservation (DEC) permit may make application for such a collection permit.

2 Regeneration and Replanting When a roadside has become degraded and the native vegetation has been, or is in the process of being, replaced by weeds, regeneration will improve its quality. Regeneration is the process of re-establishing a native plant community that is approximately the same in composition and diversity as the original vegetation. Regeneration may take place naturally or involve replanting and reseeding. Revegetation and regeneration is to be encouraged as far as practicable. The flora species used are to depend on the character of the road and roadside involved, plus the function the roadside vegetation is to fulfil. As a rule local provenance native species are to be used. Any revegetation of road verges may not commence without written approval from the Chief Executive Officer.

3 Clearing of Verges and Unmade Road Reserves Clearing of a road verge without a permit is prohibited. Any clearing must have written approval from the Chief Executive Officer.

4 Fauna Any known colonies of native fauna are to be mapped and assessed for preservation value. 5.4 General Vegetation Control

1 Trees Across Roads and Fence Lines Where storms or other natural events cause timber to fall onto roads, the Shire will remove the timber from the carriageway onto the verge to reopen the roadway to traffic. Where the timber does not present a hazard it will be left as part of the natural environment to provide habitat for flora and fauna. If the timber needs removal from the verge it will be either by cutting up and carting or with a landowners permission, pushing it into the their adjacent paddock for future burning (if the timber is not saleable). Where storms or other natural events cause uncultivated trees in the road verge to fall onto fences it is the landowner’s responsibility to repair the fence and remove and dispose of the fallen tree. In certain circumstances the shire may assist by cutting the tree at the fenceline and effect temporary repairs on the fence if there is stock in the paddock. Reference Council Policy 4.9 Trees Fallen on Roads


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2 Timber Disposal on Road Verges Section 139 of the Conservation and Land Management Act empowers a local government to remove and sell timber from road reserves as a result of construction and maintenance of roads, bridges, culverts and fences. The ‘forest produce’ within road reserves does however belong to the Crown and as such may not be cut and removed by the general public.

3 Obtaining Road Construction Materials from Road Verges Road construction material is not to be obtained from the road reserve unless the material removed is done so in creating or maintaining roadside drainage. 5.5 Control of Weeds Roadside weeds cause problem for road management as their rapid growth rate:

• Displaces native plants thus degrading the road’s conservation and tourist value

• Rapidly chokes drainage structures

• Annually produces a crop of easily ignitable and highly flammable fuel

• Requires frequent slashing or spraying to maintain road safety and prevent ingress into the road surface, thus increasing maintenance costs.

1 Declared Weeds

Representatives of the Agricultural Protection Board (APB) carry out spot inspections and spraying on a regular basis on more obscure weeds and road reserve locations not covered by the Shire’s general spraying program. This spraying is carried out in consultation with the Shire and the shire is advised of areas to be treated that are under its control.

2 Environmental Weeds Environmental Weeds prevalent within slashing areas or herbicide spraying areas are treated in accordance with the Shire’s annual spraying program. Spraying may also be conducted around culvert headwalls. Herbicide spraying and vegetation slashing is to be carried out by accredited contractors, Works and Services staff or by written permission from the Chief Executive Officer only. Only suitable equipment capable of effectively and safely accessing and carrying out maintenance with as little disturbance to vegetation as possible is to be used. 5.6 Control of Declared Rare Flora and High Conservation Fauna

1 Declared Rare Fauna Sites containing Declared Rare Flora (DRF) are identified by way of yellow “hockey stick” shaped markers. These sites are marked on a master plan retained by the Department of Environment for Conservation, or Main Roads Western Australia, or Agricultural Protection Board. The Department of Environment for Conservation (DEC) also liaises with the Shire regarding new species or colonies found.


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The locations of DRF are not made known to the general public as this could lead to damage of the colonies present on road verges. Prior to any works on road verges proceeding, locations of DRF are to be identified and protected.

2 High Conservation Fauna Areas considered to be high conservation areas are marked on a master plan retained by the Department of Environment for Conservation, or Main Roads Western Australia, or Agricultural Protection Board. Suitable maintenance procedures are conducted in a manner that minimises the impact on this roadside vegetation. 5.7 Control of Phytophthora Dieback In the Southwest bushland, reserves contribute significantly to the conservation value of the region. Phytophthora Dieback greatly decreases the biodiversity of bushland and has the potential to drive rare plant species to extinction. The Shire of Donnybrook-Balingup has a responsibility to minimise the spread of Dieback using the most practical methods available. The presence of Dieback within the Shire of Donnybrook-Balingup is extensive, and to minimise further spread, high and medium priority sites (adjacent to road reserves) have been identified and mapped.

1 High Priority Sites These sites have high remnant vegetation value that is susceptible to Dieback and have little or no disturbances (i.e. no housing, development etc). The vegetation is in good condition and the risk of Dieback being introduced by other sources (i.e. public walking or driving through reserves) is low. Examples are sites adjacent to bushland reserves. Activities undertaken on road reserves (such as construction, maintenance grading, drainage works, vegetation slashing, herbicide spraying and fire fighting activities) within High Priority Sites (where Dieback is not already present) are subject to modified operational procedures as detailed below:

2 Activity Actions ACTIVITY ACTIONS Planning • These procedures are to be considered when planning construction and

maintenance activities on High and Medium Priority Sites

• DEC are to assess road projects annually and assess the susceptibility and presence of Dieback.

Timing • Where possible works are to be conducted during the drier months (i.e. between November and March)

Materials • All materials imported are to be clean and free of Dieback (including pipes, headwalls, rock for stone pitching etc)

Procedures • Plant machinery is to be free of mud and soil before entering the Priority Site (preferably cleaned at the depot or if not on a site not near any Priority Areas or verges/reserves with remnant bushland present)

• It is not necessary to use water to clean vehicles as accumulated material


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can be brushed off • Vehicles transporting gravel and other construction materials are to be free of mud and soil before entering the Priority Site • Plant (loaders, graders and rollers etc) are to remain in the construction/maintenance area (within the road reserve) and avoid moving into adjoining bushland

• If moving into bushland on foot, footwear is to be is to be free of mud and soil

• All vehicles and plant are to be cleaned of mud and soil before leaving the Priority Site (i.e. loose material on gravel trailer draw-bars etc).

Staff • Staff and contractors involved in road and drain construction and maintenance are to receive training • Dieback management training is to be included in induction for work crews and contractors

TABLE 1 Activity Actions

3 Medium Priority Sites These sites have high remnant vegetation value that is susceptible to Dieback, but have a low/moderate degree of disturbance. These sites are considered medium priority because the vegetation is in good condition; however there is a moderate risk of Dieback being introduced by other sources. Examples are low density, large lot subdivisions amongst remnant vegetation. Activities undertaken on road reserves (such as construction, maintenance grading, drainage works, vegetation slashing, herbicide spraying and fire fighting activities) within Medium Priority Sites are subject to the same modified operational procedures as detailed in High Priority Sites (above) with the exception that the timing of activities on High Priority Sites are to take precedence over activities on Medium Priority Sites. 5.8 Stormwater Management Roadside drains, swale drains, or stormwater detention areas within road reserves are designed to drain the stormwater that falls on the road reserve and not the entire stormwater catchment (i.e. it is not Council’s responsibility to drain private land). Bridges and culverts are placed under roads in strategic locations to acknowledge naturally occurring water flow from land topography, streams, rivers, and gullies. Maintenance of open drains is to be conducted by way of slashing, burning or herbicide spraying. In the cases where these practices will not provide for an acceptable level of drainage the use of excavation equipment may be used. 5.9 Maintenance of Rural Road Verges Verges are generally to be left in an undisturbed state but may be slashed where accessible in accordance with the Shire’s works program and where road safety issues have been noted. This is generally one cut wide on straights and wider (to the fenceline if possible or warranted) on curves and intersections. Selected roads are also sprayed with herbicide in accordance with the spray program.


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Where perennial weeds are located these may be sprayed and not slashed. From time to time it is necessary to prune back vegetation that impedes sight distance for motorists and roadside drainage. These works are carried out with work methods to suit the type of vegetation present on the road verge. 5.10 Development of Rural Road Verges

1 Verges with Remnant Vegetation No development of road verges is permitted where native vegetation is present. Introduced species become a maintenance legacy (i.e. pruning of introduced trees under powerlines is an expense borne by Council) and may lead to the degradation of remnant vegetation.

2 Verges without Remnant Vegetation Where no remnant vegetation is present landowners adjacent to these road verges may carry out a higher level of maintenance than that already provided, but only with written approval from the Chief Executive Officer. This is due to liability issues pertaining to public operating machinery on public road reserves and requirements to conform to the Traffic Management for Roadworks Code of Practice. 6.0 URBAN ROAD VERGES Note: There may be areas covered under Sections 1 and 2 that pertain to urban road

verges. Therefore this Section must not be read in isolation when determining Council policy relating to urban road verges.

Urban road verges are all road verges within the townsite boundary. These verges include those adjacent to kerbed and unkerbed sealed roads and gravel roads. 6.1 Maintenance of Urban Road Verges

With the exception of those streets specifically listed for mowing by the shire, routine verge mowing in all other streets within Townsites is the responsibility of the owner or tenant of the adjacent property and the shire will only undertake mowing, or consider a request for mowing, where:

• The shire considers there are visibility problems affecting traffic safety; • The shire considers a verge to be a fire hazard; • The owner, who must reside at the property, can demonstrate to the satisfaction of the

Shire an incapacity to undertake the mowing due to an advanced age, infirmity or other relevant disability and except where the Shire otherwise decides, approvals shall be for a single service, with each subsequent service being subject to a new request;

• Exceptional circumstances with excessive verge width or incapacity to be maintained by others.

Where funding and resources permit, the shire may carry out maintenance activities up to twice per year on unmaintained townsite verges for amenity of an area or to maintain a low fire fuel zone.


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Council conducts a herbicide spray program to remove vegetation growth to the back of kerbing or ingress of vegetation into the road surface or carriageway. Where verges are maintained to a high level, no herbicide spraying is conducted. It may be necessary from time to time for Council to request that landowners prune back their vegetation for road safety reasons. Works and Services staff may be able to provide assistance in this regard. 6.2 Development of Urban Road Verges Landowners are may develop their own road verges in urban areas in accordance with the following guidelines:

• Contact the Shire for advice and to assess whether there are any services under the verge that may be affected by the proposed verge development (if this assessment is not undertaken the full cost to repair services will be to the account of the person/s who caused the damage)

• No structures such as raised planter beds or materials such as rocks may be placed closer than 2.5m from the back of the kerb or edge of the roadway to allow for safe pedestrian passage

• No pea gravel or scalps (blue metal fines) are permitted as this causes a hazard for pedestrians and cyclists and washes onto the road and into stormwater systems

• Paving of verges or part thereof is not permitted, unless prior permission is granted by the Chief Executive Officer.

• Planting (other than grass, groundcover and small annuals) is to be kept 2.5m from the back of the kerb or edge of the roadway

• Singularly planted street trees are permitted (maximum of 2 per residential road frontage) as long as there are no overhead powerlines present. Refer to Council Policy 4.19 Street Trees, Verges & Streetscaping.

• Council provides two plants (shrub or tree) for each new verge development Refer to Council Policy 4.19 Street Trees, Verges & Streetscaping

• No planting other than grass or low groundcover is permitted in swale drains. Any variations to the above guidelines may only be carried out with the written authority from the Chief Executive Officer. 7.0 LARGE RESIDENTIAL AND SPECIAL RURAL ROAD VERGES Note: There may be areas covered under Section 1, 2 and 3 that pertains to special rural

road verges. Therefore this Section must not be read in isolation when determining Council policy relating to urban road verges.

Special rural road verges are all road verges adjacent to one acre (large residential) and five acre (special rural) lots. These verges include those adjacent to kerbed and unkerbed sealed roads and gravel roads. 7.1 Maintenance of Large Residential and Special Rural Road Verges Landowners are encouraged to maintain the road verge adjacent to their properties in these areas.


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Undeveloped verges on bitumen roads may be slashed annually where accessible in accordance with the slashing program. This is generally one cut wide on straights and wider (to the fenceline if possible or warranted) on curves and intersections. Selected roads are also sprayed in accordance with the annual spray program. Council conducts a herbicide spray program to remove vegetation growth to the back of kerbing or ingress of vegetation into the road surface or carriageway. Where verges are maintained to a high level, no herbicide spraying is conducted. It may be necessary from time to time for Council to request that landowners prune back their vegetation for road safety reasons. Works and Services staff may be able to provide assistance in this regard. 7.2 Development of Large Residential and Special Rural Road Verges Landowners may develop their own road verges. However, if significant native vegetation is present this is to be retained and incorporated into the development where possible. Introduced species become a maintenance legacy (i.e. pruning of introduced trees under powerlines is an expense borne by Council) and may lead to the degradation of adjacent remnant vegetation. Development of road verges by landowners is to be carried out in accordance with the following guidelines:

• Contact the Works and Services for advice and to assess whether there are any services under the verge that may be affected by the proposed verge development (if this assessment is not undertaken all cost to repair services will be to the account of the person/s who caused the damage)

• An assessment of the native vegetation will be made by the Manager, Works and Services or appointed representative and advice given as to what should be retained

• No structures such as raised planter beds or materials such as rocks may be placed closer than 2.5m from the back of the kerb or edge of the roadway to allow for safe pedestrian passage

• No pea gravel or scalps (blue metal fines) are permitted as this causes a hazard for pedestrians and cyclists and washes onto the road and into stormwater systems

• Paving of verges or part thereof is not permitted

• Planting (other than grass, groundcover and small annuals) is to be kept 2.5m from the back of the kerb or edge of the roadway

• Singularly planted street trees are permitted (maximum of 2 per residential road frontage) as long as there are no overhead powerlines present. Refer to Council Policy 4.19 Street Trees, Verges & Streetscaping.

• Council provides two plants (shrub or tree) for each new verge development Refer to Council Policy 4.19 Street Trees, Verges & Streetscaping

• No planting other than grass or low groundcover is permitted in swale drains. Any variations to the above guidelines may only be carried out with the written authority from the Chief Executive Officer.


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8.0 GENERAL 8.1 Utility Provider Liaison The Utility Providers Code of Practice sets out standard procedures prior to commencing work and for reinstatement on completion of works. 8.2 Main Roads WA (Southern Road Services) Liaison Main Road’s term network contractor, Southern Road Services, is not responsible for the maintenance of road verges, open swale drains on unkerbed or kerbed main roads in townsite areas, being:

• Goodwood Road, • Collie Darkan Road

• South Western Highway,

• Donnybrook Kojonup Road, Any development on road verges within the areas stated above are subject to the same criteria as in Section 3 – URBAN ROAD VERGES, above. 8.3 Dangerous Trees From time to time it is necessary to remove a dangerous tree or trees that impedes sight distance for motorists and roadside drainage, or has been subject to storm damage, or considered by the Manager of Works and Service to have imminent threat to public safety. These works are carried out with work methods to suit the type of vegetation present on the road verge. Where request for the Shire to remove a tree(s) or request for permission to remove a tree(s) from a road reserve is received then the Shire will assess the tree through a visual inspection to determine any action to be taken. Action may be:

• No Action – Tree considered no dangerous or not Shire responsibility

• Removal/Pruning – Shire shall undertake works to reduce the imminent hazard either by removal of limbs or entire tree.

• Further Investigation required – Shire to carry out further investigation to determine condition of tree.

If the request is denied by the Manger of Works and Services, or his representative then the applicant can apply for reconsideration subject to including a report from a qualified arborist which details the justification for removal. The applicant will be responsible for engaging and paying for the qualified arborist, however if the tree removal is approved based on he recommendations by the arborist then the full cost of the arborist will be refunded to the applicant. 8.4 Value of Roadside Conservation This policy recognises roadside vegetation is valuable because it:

• Is often the only remaining example of original vegetation,


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• Is easier to maintain and generally less fire prone than introduced vegetation,

• Provides habitat for many native species of plants, mammals, reptiles, amphibians and invertebrates,

• Provides wildlife corridors linking other areas of native vegetation,

• Contains or supports rare and endangered plants and animals, • Enhances landscape and amenity for residents and tourists,

• Supports sites of historical or cultural significance,

• Provides benchmark of undeveloped soils and associated organisms,

• Provides windbreaks and shade for adjoining farmland, and

• Is an area vital source of local seed for revegetation projects (CALM permit and Council permission required).

8.5 Reference Material

• Roadside Manual (Roadside Conservation Committee)

• Environmental Practices Manual for Rural Sealed and Unsealed Roads (ARRB – Transport Research)

• Managing Phytophthora Dieback: Guidelines for Local Government – April 2000

• Traffic Management For Roadworks Code Of Practice – December 2000

• Shire of Donnybrook-Balingup Activities on Thoroughfares and Trading in Thoroughfares and Public Places Local Law

• Shire of Donnybrook-Balingup Engineering and Planning Policies

• Department of Environment for Conservation Clearing Regulation

• Environmental Protection Act 1986 9.0 PROCEDURES 9.1 Roadside Management Procedures

1 Infrastructure Maintenance The Environmental Protection Act 1986 in association with Native Clearing Regulation state that the Shire can maintain the road infrastructure within the designated Maintenance Corridor. The diagram below shows this corridor:


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DIAGRAM 1 Designated Maintenance Corridor

The Shire of Donnybrook Balingup has four main tasks associated with the maintenance of its road network which may effect roadside vegetation.

1a Sealed Edge Maintenance Sealed edge repair is programmed when the edge of the bitumen surfacing breaks away to reduce the trafficable width of a roadway, or where the gravel shoulder has eroded leaving the bitumen edge higher then the shoulder and subject to breaking when struck by vehicles. The task rarely involves clearing of vegetation other than small grasses on the road shoulder. 1b Sealed Edge Maintenance One of the most important aspects of road design is the provision made for protecting the road pavement from surface and ground water. Water penetrating the road pavement weakens the structure making the pavement more susceptible to damage by traffic.


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To reduce the adverse impact of water, the road must be constructed with a crossfall which effectively sheds surface water. The road formation must also be raised above the local water table to prevent soaking. Table drain inverts should be maintained at a level of between 0.5m and 1.0m below the level of the road shoulder where practicable. The effect of surface water can be overcome by regular clearing of table drains of silt and debris. Drains can be mechanically cleared and maintained with a grader, or slashed if surfaced with grass. Drains inaccessible to mechanical equipment require maintenance with hand tools or approved herbicides. Table drains which are graded excessively can produce siltation and can degrade the water qualify down stream. The Shire of Donnybrook Balingup generally finds a better treatment is to provide, where possible wider grassed drains, clear of larger trees and vegetation.

DIAGRAM 2 Typical Drainage Maintenance Treatment

1c Unsealed Shoulder Maintenance Where unsealed shoulders are subject to significant traffic, they will require periodic grading and gravel resheeting. Unsealed shoulder maintenance is an operation which generally involves a team of machines, which scarify, top up, compact and grade the gravel shoulder adjoining the bitumen surface. All grasses and vegetation should be removed and disposed of prior to operation. This material should be disposed of where it will not block the table drains or cause siltation. The operator may go beyond the road formation to gain soil from the batter; however this practice generally involves specified imported material.


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1d Maintenance Grading Maintenance grading consists of a light surface grade to keep the road surface in a good riding condition. The operator generally starts in one table drain to extract as much of the road fines that have deposited there as possible and mix this with the loose aggregate spread across the road. In some cases the operator often goes beyond the road formation to gain soil from the batter. Addition soil is also found by reshaping the table drains and cutting large off-shoot drains in creek and river systems. This practice requires the occasional clearing of vegetation to accommodate the machine. 2 Clearing Operations

Prior to any major clearing, the Shire will mark the extent of works and notify the Department of Environment for Conservation (DEC) to assess and arrange for the removal of any merchantable timber before clearing commences. Any works within a Declared Rare Flora area will be addressed through a separate process. This process will involve direct contact and instruction from DEC. The shire shall take protective measures during the operations of clearing and road construction to avoid damaging or destroying native vegetation. If any vegetation, which is to be preserved, is found to be within the area to be covered by embankment, the circumstances shall be brought to the notice of the Manager Works & Services who shall decide whether the vegetation is to be removed or protected as directed. All works shall be planned to ensure that there is no damage to any vegetation outside the limits of clearing specified or directed by the Manager Works & Services. No growing vegetation shall be destroyed or damaged by the works other than those specified and those indicated by the Manager Works & Services. Any tree remaining within the road reserve but outside the limits of clearing which is, in the opinion of the Manager Works & Services, unsafe and likely to fall upon the roadway, it may be cleared and disposed of as directed by the Manager Works & Services. Any branch, which overhangs the road formation, shall be cut back to the tree trunk and disposed of as directed by the Manager Works & Services. Every precaution shall be taken to prevent timber form falling onto private property. All trees and stumps, on or within the limits of clearing, unable to be felled and removed by the clearing methods used by the Shire shall be removed by grubbing. Grubbing operations shall be carried out to a depth of 0.5m below the natural surface or 1.5m below the finished surface. Holes remaining after trees and stumps have been grubbed shall be backfilled promptly with sound material to prevent the infiltration and ponding of water. The backfill material shall be compacted to at least the relative density of the material existing in the adjacent ground. The Shire will endeavour to produce wood-chip mulch derived from crowns of trees and branches of shrubs cleared. The wood-chip mulch produced shall be stockpiled off site for


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subsequent use at other locations by the Shire as appropriate. This mulch is sometime used for stabilising the batters on the works in progress. Any burning off shall be carried out in such a manner that no damage is done to any vegetation outside the limits of clearing. All burning shall comply with all Statutory Regulations applicable to burning off during the period of the works.

3 Dangerous Trees The actual determination of dangerous trees is assessed by experienced shire officers. Many dangerous trees are affected by disease, white ant infestation and/or weather damage or have grown to compromise safe sight distances at intersections. In the event of a storm, all trees posing immediate threat to injury or loss of life will be removed and disposed of as per the Shire’s clearing procedures mentioned above (in Infrastructure Maintenance). All trees which do not pose an immediate threat will be made safe and assess at the earliest time after the area is made safe. These trees may then require removal at a later date. For the removal of dangerous trees at intersection the shire has adopted the engineering standards for safe sight distance (Austroads Fig 5.2, Table 5.3)

DIAGRAM 3 Entering Site Distance and Safe Intersection Sight Distance


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TABLE 2 Austroads Guide to Engineering Practices Part 5 – Intersections at Grade

Risk Assessment for Dangerous Trees FORM 9.1 The hazards identified will be evaluated using the following table: RISK

HIGH probability of incident

affecting public or property (high use areas – CBD, playgrounds, main traffic thoroughfares etc, or static

target e.g. Dwelling)

MODERATE probability of incident

affecting public or property (moderate use areas – side streets, etc, static target e.g. shed, substantial fence)

LOW probability of incident

affecting public or property (low use areas – back streets

roads etc)

Imminent damage to path, road or property or dangerous to persons or property

1

2

2

Potential danger or damage evident but not creating immediate hazard to property or persons

2

2

3

Potential of damage not clearly evident to property or persons

2

3

3

The above ratings shall set the priorities in taking action as follows: Priority 1: The area made safe as soon as reasonably practical after being reported. Priority 2: Employ short term controls to make safe until control strategy is in place. Identified tree work to be achieved within three months. Priority 3: These hazards shall be considered for future works programs based on available funding and priority.


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Visual Assessment: Trunk damage Termites Erosion Damaged limb(s) Rot Traffic Safety Imminent hazard Soil disturbance Other:………………………… Actions:

No Action – Tree considered no dangerous or not Shire responsibility

Removal/Pruning – Shire shall undertake works to reduce the imminent hazard either by removal of limbs or entire tree.

Further Investigation required – Shire to carry out further investigation to determine condition of tree.

Comments:……………………………………………………………………………………………………………………

………………………………………………………………………………………………………………………………………

………………………………………………………………………………………………………………………………………

………………………………………………………………………………………………………………………………………

Shire

Officer:…………………………………………….Signature:…………………………………Date:……………..

Roadside Assessment FORM 9.2 Road Name Road Number Slk Works Description Clearing Required

Sketch or Photograph

Shire Inspection

Weeds

Environmental Map

Biological Corridor

Width of Vegetation

Adjoining Land use

Native Vegetation

Conservation Value


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Extent of Native Veg

Landscape value

No of Nat Species

CALM Inspection

Works required: Location Slk Flora/Fauna Road View Verge View Start

Middle

End

Comments:

7.3 Manager Development & Environmental Services

7.3.1 SUBJECT: PROPOSED EUCALYPTUS PLANTATION – LOT 201 HAY ROAD, BALINGUP

Location: Lot 201 Hay Road, Balingup Applicants: WACAP Tree Farms Pty Ltd Zone: General Farming Pastoral File Ref: A1387 Author: D Bromley – Principal Planner Report Date: 22 May 2007 Attachments: 7.3.1 - 2 Location Plans Background An Application for Planning Consent has been received for a proposed 37 hectare Eucalyptus Plantation at Lot 201 Hay Road, Balingup. The subject lot is zoned “General Farming Pastoral” under the Shire of Donnybrook/Balingup Town Planning Scheme No.4 and has a total lot area of approximately 63 hectares. The subject lot is located within the “Blackwood Precinct” of the Shire of Donnybrook/Balingup Draft Rural Strategy and is located on the south eastern edge of the Shire Boundary. The property is accessed from Hay Road via Southampton Road, or South West Highway through the Bridgetown/Greenbushes Shire. The subject property currently contains a house and associated outbuildings along with a number of dams on an intermittent creekline. The land is mostly cleared as pasture however there are a fair number of large remnant native trees dotted in the cleared fields and along the creekline. There is a large stand of uncleared native vegetation at the southern end of the property and is bounded by State Forest to the south. At the Ordinary Council meeting held on 27 June 2007, Council resolved to defer decision on the matter until the Department of Environment and Conservation made comment on the


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proposal and also to allow for preparation of an additional condition requiring a separate planning application at the time of harvesting. See attachment 7.3.1 for location plan. Comment The plantation proposal includes the establishment of three (3) plantation compartments of 8.9, 6.6 and 20.5 hectares. The compartments are to be planted the required 50 metres from the existing dwelling and 10 metre firebreaks are to be established around the perimeter of the compartments. The subject property is zoned “General Farming Pastoral” under Town Planning Scheme No.4. The aims and objectives of the General Farming Pastoral zoning are described at clause 6.8.1 as follows: Council wishes to assist in maintaining the agricultural viability and productivity of its rural lands. In considering applications for approval to develop land under this zone, the Council shall: a) seek to protect the economic viability of the General Farming Pastoral Areas; b) seek to encourage developments which will improve the Shire’s population base; and c) in recognition of the aesthetic and tourism importance of the scenic landscape, realize the need to retain the rural scenic character of a site and of the district by ensuring through siting and landscaping provision that any development does not change the scenic rural character. The proposal may have an impact on the rural scenic character of the site and the immediate locality, in that open pasture would be modified to a farmed trees landscape. Clause 6.16 of the Scheme also outlines specific development controls in relation to Pine Plantations, which are applied to other plantation species, including eucalypts. The proposal submitted by the applicants complies with all aspects of Clause 6.16, specifically it is not located within the plantation exclusion zone, no vegetation is proposed to be removed from the site, soil erosion protection measures are proposed to be implemented and the plantation is proposed to be established in accordance with the fire protection guidelines of FESA and DPI. The subject property is located within the “Blackwood Precinct” of the Shire of Donnybrook/Balingup Draft Rural Strategy (DRS). The Blackwood Precinct has a number of specific objectives in relation to plantations. Clause 13.3.1 states these objectives as:

• To retain the area for mixed farming and plantations on large landholdings and to prevent subdivision and fragmentation of such farmland.

• To permit the establishment of plantations as a primary use and to supplement mixed farming practices.

Recommended land uses within the precinct are described at clause 13.3.2 of the DRS and include ‘Agroforestry’ and ‘Plantations’.


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The proposed plantation conforms to the objectives and recommended land uses of the Blackwood Precinct of the DRS. On the basis that the proposed plantation conforms to the requirements of the Town Planning Scheme and Council Policy regarding plantations, and is a recommended land use in the Blackwood Precinct of the Draft Rural Strategy, it is the officers opinion that the proposed eucalypt plantation is an appropriate use in that location and is recommended for approval. Consultation In accordance with clause 8.2 of the Town Planning Scheme, the proposal was referred to neighboring landholders who may be affected by the development. A total of five (5) submissions were received, all being objections. The submissions and responses are summarized below: Submission Comment Response 1. Confidential

Objection.

• Concerns about state of gravel road. Dust is a current health and safety concern.

• No objection to plantations in principle, however problems with increased truck traffic on Hay Road would need to be sorted out first.

• Require condition for possible upgrading of Hay Road to Shire standards to mitigate dust problems at harvest time.

2. Confidential

Objection.

• Building house on next door lot. Concerned about increased fire risk.

• Concern about visual impact

• Concern about future logging impacts.

• Concern regarding overall ambience of area.

• Concern over future of the lot after trees harvested.

• Increased impact on neighbouring lots by kangaroos due to loss of grazing land.

• Application includes details of fire protection measures to be implemented over life of plantation. Measures are to be in line with state and local government laws and regulations.

• Proposed plantation will modify the visual state of the immediate locality, however will have low impact on the general rural amenity of the area.

• Future harvesting may be in-line with any approved harvesting program.


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3. Confidential

Objection. • Inappropriate use of

good South West grazing land.

• Gross overdevelopment of the property – monoculture from front fence to back.

• Increased fire risk.

• Hay Road inappropriate for use by logging trucks.

• Proposed use destructive of landscape amenity.

• Plantations are a

recommended land use in the Blackwood Precinct (DRS).

• Fire risk may be mitigated through approved fire management plan in accordance with state and local government regulations.

• Require condition for upgrading of Hay Road to Shire standards.

• Proposal to have minimal impact on general amenity of area.

4. Confidential

Objection.

• Trees have high water needs – impact on creek running through farm.

• Hay Road not suitable for trucks in summer months – dust problems, visibility poor. Plantation would increase traffic.

• Buffers and setbacks to be maintained to creekline.

• Require condition for upgrading of Hay Road to mitigate dust problems.

• Increased traffic not to occur until harvesting time in 10 years.

5. Confidential

Objection. • Good farming land in

area greatly reduced by tree plantations.

• Future access problems with ongoing logging.

• Additional fire hazard created.

• Plantations are a

recommended us in Blackwood Precinct (DRS).

• Require condition for upgrading of Hay Road.

• Approved Fire Management Plan required.

The majority of concerns raised in the submissions were in relation to; potential for increased fire risk, impact on Hay Road during harvesting period, impact on visual amenity, and perceived loss of valuable farming land. The applicant has included detailed fire protection measures in the application, in addition, a condition is imposed on any plantation development that a Fire Management Plan is developed in accordance with State regulations, and any plantation is to comply with the local fire regulations. Hay Road is a gravel road that runs west to east and continues into the Bridgetown/Greenbushes Shire, terminating at the Southwest Highway. It is indicated that


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Hay Road will be used to gain access directly to the South West Highway. It is anticipated therefore that the majority of heavy vehicle movements associated with the harvesting of any timber would be occurring on the section of Hay Road within the Bridgetown/Greenbushes Shire, with a small section directly in front of the property being used to access the property within the Shire boundaries. It is recommended that should approval be granted, a condition be imposed that requires notification of future harvesting at least three (3) months prior to enable assessment of the road for possible contributions towards upgrading. It is anticipated that a plantation would have some impact on the rural amenity of the site and the locality, however plantations and farmed trees are becoming a more common site in the rural landscape and it could be argued contribute in some way to the rural amenity. It is anticipated that a eucalypt plantation, while significantly modifying the site, would have minimal impact on the rural amenity of the locality in general. The proposal was referred to the Department of Environment and Conservation, however no response was received prior to the 27 June 2007 meeting. Shire officers contacted the DEC requesting comments on the proposal. The DEC made the following comments: “The area of remnant vegetation in the south of the Lot should be excluded (i.e. protected) from the proposed plantation area, which the proposal appears to do. The Lot also contains a number of watercourses, some with riparian vegetation, and these should be protected from chemical use from the establishment and management of the plantation and inappropriate fire activity. This can be achieved through the use of buffers between the plantations and watercourses and appropriate management practices. This would also apply to the area of remnant vegetation in the south of the Lot. The Lot adjoins DEC-managed State forest along its southern and eastern boundaries. The proponent should be advised that DEC will not be amending its current management practices within the adjoining State forest in response to establishment of the plantation. There is a risk that young seedlings/wildlings emanating from the plantation will establish within the adjoining State forest. The proponent should provide a commitment in relation managing this problem should it arise.” With regards to protection of the watercourse from chemical use, the applicants’ plantation management plan states the following: “The upper reaches of a minor annual stream pass through the plantation area. It will be buffered from the plantation by a strip of at least 10 metres of pasture and scattered native trees on either side. Herbicides and fertilizers will not be applied within this buffer (other than spraying for firebreaks to within no less than 1 metre of the watercourse), or adjacent to it when the stream is flowing strongly or heavy rain is imminent. Pesticides will not be applied within 30 metres of the watercourse at any time.” The plan shows 10 metres buffers between remnant vegetation and the proposed plantation areas. It is determined that the proponent has sufficiently addressed the concerns of the DEC in the management plan.


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Policy/Statutory Implications Council Policy 9.3 Establishment of Tree Plantations outlines the general conditions a tree plantation must adhere to should planning approval be granted. Financial Implications N/A Strategic Implications The Shire of Donnybrook/Balingup Draft Rural Strategy Blackwood Precinct has a stated objective being; to permit the establishment of plantations as a primary use and to supplement mixed farming practices.


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Council Decision (Officer’s Recommended Resolution)

Moved: Cr Dawson Seconded: Cr Dilley That Council approves the application for a Plantation at Lot 201 Hay Road, Balingup subject to the following conditions:

1. The maximum area for any tree plantation compartment is limited to 28 hectares.

2. Suitable measures including replanting shall be taken after the clearing of

plantations to prevent soil erosion.

3. The submission of two copies to the Shire of Donnybrook/Balingup offices of a Fire Management Plan prepared in accordance with the “Guidelines for Plantation Fire Protection” published by the Fire and Emergency Services Authority of Western Australia to the satisfaction of the Chief Executive Officer, prior to any development on the subject site.

4. No plantation will be allowed within one hundred (100) metres of any existing dwelling - on any adjoining property, or within a fifty (50) metre radius from any dwelling on the land on which development is to take place.

5. Firebreaks not less than ten (10) metres in width around the perimeter of

land boundary on which trees are planted. 6. Firebreaks not less than ten (10) metres in width along those portions of

plantations which enjoy a common boundary with a road reserve. 7. Where ten (10) metre firebreaks are required in accordance with this

Section of Council's Fire Break Order, pruning of overhang shall be carried out up to a height of five (5) metres above ground level.

8. At the time of harvesting the plantation the contract/owner of the

plantation shall provide adequate signage on roads warning of the danger of heavy vehicles using the road.

9. The applicant shall submit a separate planning application for harvesting

at least 6 months prior to the anticipated harvesting date. 10. This approval shall expire unless the development hereby authorised has

commenced within twelve (12) months and been completed within two years of the date of issue, or within any extended period for which Council has granted written consent. Any application for such consent must be made within one month of the date of expiry of the approval.

Carried 6/0 4.34pm – Cr Hearman re-declared a financial interest in item 7.3.2 as he is the holder of an extractive licence and left the meeting. Shire Deputy President Cr Duncan took the chair.


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7.3.2 SUBJECT: EXTRACTIVE INDUSTRY APPLICATION

Location: Wellington Loc 2413 Goodwood Road, Upper Capel

Applicants: P & P Nieuwenhuyze Zone: General Farming Pastoral File Ref: IND01/24 Author: D Bromley – Principal Planner Report Date: 11 July 2007 Attachments: 7.3.2 - 3 Maps- District Location, Site

Location & Pit Location Background An application for planning consent for an "Extractive Industry - Sand" land use and an extractive industry license was made on 13 June 2007 for Wellington Loc 2413 Goodwood Road, Upper Capel. The subject site is located approximately 2.5 kilometres south west of the Donnybrook Townsite and is zoned General Farming Pastoral. The subject site is mostly cleared farmland surrounded by State Forest, with access to the property via Silipo Road from Goodwood Road. ‘Extractive Industry’ is an ‘AA’ use in the General Farming Pastoral zone which requires consent from Council. The proposal details an extraction area for sand of approximately 6 hectares in the south western corner of the property. Refer Attachment 7.3.2. Comment This application is for a sand extraction area which covers approximately 6 hectares. The operation is proposed over 1 stage with a ten (10) year license period for the entire operation. This area is sparsely populated and noise and dust generation are not considered significant issues, it is the officer's opinion that the operation should have minimal impact in the area. The Shire of Donnybrook/Balingup Extractive Industry Local Laws 1998 have requirements for extractive industries and it is recommended that these requirements be met before a licence is issued. A rehabilitation bond is required under the local laws with the minimum being $1,000 -$10,000 per hectare for sand outlined in Council’s fees and charges. It is recommended that a rehabilitation bond of $12,000 be imposed, which is the equivalent of $2,000 per hectare. The operation is accessed off of Goodwood Road which is Main Roads controlled. The proposal was referred to Main Roads for comment. Main Roads stated that the intersection of Silipo and Goodwood Road had just recently been upgraded and they had no objection to the proposal. There are other requirements regarding public liability indemnification that needs to be addressed also.


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It is recommended to issue a ten (10) year extractive industry licence and planning consent subject to the rehabilitation bond and public liability issues being satisfactorily addressed. Once the issues have been addressed the extractive industry licence and planning consent can be issued. Consultation Public consultation was undertaken as per the relevant legislation. A notice was placed in the local newspaper, both Main Roads and the Department of Environment and Conservation (DEC) were requested to make comment, and relevant neighbouring properties were notified. No objections were received regarding the proposal. Policy/Statutory/Voting Implications Extractive industry licenses are issued under the Shire of Donnybrook/Balingup Extractive Industry Local Laws. Planning consent is issued pursuant to the Planning and Development Act 2005. Financial Implications N/A Strategic Implications N/A Officer’s Recommended Resolution

That upon receipt of the following by the Manager Environmental & Development Services:

i. Either a $12,000 cash or an unconditional bank guarantee in favour

of Council for rehabilitation works of the subject site to the satisfaction of the Chief Executive Officer, and

ii. A public liability insurance policy taken out in joint names of the Shire of Donnybrook/Balingup and P & P Nieuwenhuyze for the amount of $10,000,000 indemnifying the Shire of Donnybrook/Balingup and P & P Nieuwenhuyze for any one claim relating to the extraction operation at Location 2413 Goodwood Road, Donnybrook to the satisfaction of the Chief Executive Officer.

That:

A) Council grant planning consent for an Extractive Industry – Sand

at Location 2413 Goodwood Road, Donnybrook subject to the following conditions:

1. All storm water to be contained on-site; 2. No dust to be exported from site; 3. Adequate safety fencing and warning signs are to be placed

around the perimeter of the site;


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4. The land that has been excavated is to be contoured as near as possible to its original condition;

5. Proposed excavation and extraction works to be a minimum of 20 metres from adjoining lot boundaries except where shown on the approved development plan;

6. Deposit either $12,000 cash or an unconditional bank guarantee in favour of Council for rehabilitation works of the subject site to the satisfaction of the Chief Executive Officer;

7. A current public liability insurance policy taken out in joint names of the Shire of Donnybrook/Balingup and P & P Nieuwenhuyze for the amount of $10,000,000 indemnifying the Shire of Donnybrook/Balingup and P & P Nieuwenhuyze for any one claim relating to the extraction operation at Location 2413 Goodwood Road, Donnybrook to the satisfaction of the Chief Executive Officer;

8. This planning consent remains valid for a period of ten (10) years after the date of issue or within any extended period for which Council has granted written consent. Any application for such consent must be made within one month of the date of expiry of the approval;

9. Nothing in this planning consent shall exclude compliance with all relevant legislation in the commencement and carrying out of the hereby approved development;

10. All development shall generally be in accordance with the approved development plan and works rehabilitation plan which forms part of this approval;

11. Excavation and extraction works shall be between the hours of 7am - 6pm Monday to Saturday;

12. No extraction shall take place on the subject site until an application for a crossover is submitted and approved by Council, unless a Council approved crossover already exists on the subject site; and

13. Rehabilitation of the site shall consist of returning the pit to pasture using existing overburden with slope batters no greater than 1:14 to the satisfaction of the Chief Executive Officer within 12 months of the license expiring.

AND

B) Council grant consent for an extractive industry license for sand extraction at Location 2413 Goodwood Road, Donnybrook pursuant to the Shire of Donnybrook/Balingup Extractive Industry Local Laws subject to the following conditions:

1. All storm water to be contained on-site. 2. No dust to be exported from site; 3. Adequate safety fencing and warning signs are to be placed

around the perimeter of the site; 4. The land that has been excavated is to be contoured as near as

possible to its original condition;


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6. Deposit either $12,0000 cash or an unconditional bank guarantee in favour of Council for rehabilitation works of the subject site to the satisfaction of the Chief Executive Officer;

7. This extractive industry licence remains valid for a period of ten (10) years after the date of issue or within any extended period for which Council has granted written consent. Any application for such consent must be made within one month of the date of expiry of the approval;

8. Nothing in this Extractive Industry License shall exclude compliance with all relevant legislation in the commencement and carrying out of excavation and extraction works;

9. All excavation and works shall generally be in accordance with the approved development plan and works rehabilitation plan which forms part of this extractive industry license;





Council Decision

Moved: Cr Dilley Seconded: Cr Dawson

That upon receipt of the following by the Manager Environmental & Development Services:

i. Either a $4,000 cash or an unconditional bank guarantee in favour

of Council per stage for each 2 hectare component for rehabilitation works of the subject site to the satisfaction of the Chief Executive Officer, and

ii. A public liability insurance policy taken out in joint names of the Shire of Donnybrook/Balingup and P & P Nieuwenhuyze for the amount of $10,000,000 indemnifying the Shire of


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Donnybrook/Balingup and P & P Nieuwenhuyze for any one claim relating to the extraction operation at Location 2413 Goodwood Road, Donnybrook to the satisfaction of the Chief Executive Officer.

That: A) Council grant planning consent for an Extractive Industry – Sand

at Location 2413 Goodwood Road, Donnybrook subject to the following conditions:

1. All storm water to be contained on-site;

2. No dust to be exported from site;

3. Adequate safety fencing and warning signs are to be placed around the perimeter of the site;



6. Either a $4,000 cash or an unconditional bank guarantee in favour of Council per stage for each 2 hectare component for rehabilitation works of the subject site to the satisfaction of the Chief Executive Officer;


8. This planning consent remains valid for a period of ten (10) years after the date of issue or within any extended period for which Council has granted written consent. Any application for such consent must be made within one month of the date of expiry of the approval;

9. Nothing in this planning consent shall exclude compliance with all relevant legislation in the commencement and carrying out of the hereby approved development;

10. All development shall generally be in accordance with the approved development plan and works rehabilitation plan which forms part of this approval;




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14. That a plan be submitted showing the existing and proposed

land contours based on Australian Height datum and plotted at 1 metre contour intervals.

AND

B) Council grant consent for an extractive industry license for sand extraction at Location 2413 Goodwood Road, Donnybrook pursuant to the Shire of Donnybrook/Balingup Extractive Industry Local Laws subject to the following conditions:

1. All storm water to be contained on-site.

2. No dust to be exported from site;

3. Adequate safety fencing and warning signs are to be placed around the perimeter of the site;



6. Either a $4,000 cash or an unconditional bank guarantee in favour of Council per stage for each 2 hectare component for rehabilitation works of the subject site to the satisfaction of the Chief Executive Officer;

7. This extractive industry licence remains valid for a period of ten (10) years after the date of issue or within any extended period for which Council has granted written consent. Any application for such consent must be made within one month of the date of expiry of the approval;

8. Nothing in this Extractive Industry License shall exclude compliance with all relevant legislation in the commencement and carrying out of excavation and extraction works;

9. All excavation and works shall generally be in accordance with the approved development plan and works rehabilitation plan which forms part of this extractive industry license;


11. A current public liability insurance policy taken out in joint names of the Shire of Donnybrook/Balingup and P & P Nieuwenhuyze for the amount of $10,000,000 indemnifying the Shire of Donnybrook/Balingup and P & P Nieuwenhuyze for any one claim relating to the extraction operation at


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Location 2413 Goodwood Road, Donnybrook to the satisfaction of the Chief Executive Officer;



14. That a plan be submitted showing the existing and proposed

land contours based on Australian Height datum and plotted at 1 metre contour intervals.

Carried 5/0 Justification: Applicant advised Council that the proposed Extractive Industry will be undertaken in 2 hectare stages. Rehabilitation bond to be submitted to Council was reduced to $4,000 for each 2 hectare stage. Rehabilitation is to be undertaken at the finalisation of each stage. New bond is equivalent to original requirement of $12,000 bond for 6 hectare extractive area. 4.40pm – Cr Hearman returned to the meeting and resumed the position of presiding person.

7.3.3 SUBJECT: PROPOSED OUTBUILDING

Location: Lot 78 Melaleuca Place, Donnybrook Applicants: A Young & M Wells Zone: Special Residential File Ref: A3922 Author: D Bromley – Principal Planner Report Date: 16 June 2007 Attachments: 7.3.3 - Application Letter and Site Plan Background An application has been received to construct a shed at Lot 78 Melaleuca Place, Donnybrook prior to approval for a Class 1 Residential dwelling being granted. The applicants are seeking permission to construct the outbuilding for the purpose of storing furniture and other goods. Refer to attachment 7.3.3 for reasons given seeking approval to construct the shed. Comment Town Planning Policy 9.4.1a) Outbuilding Control Policy states the following: No outbuildings shall be approved for construction on Residential or Special Residential lots unless:


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1. There is an existing Class 1 residential dwelling constructed on the Lot; or 2. The outbuilding building license is issued concurrently with a Class 1 residential building license. The applicants are seeking Council permission to construct a shed prior to a Class 1 residential building license being issued for the subject lot. It is recommended that the application be refused on the basis that it does not conform with Council’s Outbuilding Control Policy, in particular Clause 9.4.1a). Consultation N/A Policy/Statutory/Voting Implications Outbuildings are controlled by Council’s Town Planning Policy 9.4.1 Outbuilding Control Policy. Financial Implications N/A Strategic Implications N/A Council Decision (Officer’s Recommended Resolution)

Moved: Cr Duncan Seconded: Cr Crowley

That Council refuse an application to construct an outbuilding on Lot 78 Melaleuca Place, Donnybrook prior to the issuing of a Class 1 Residential building license for the following reasons: 1. The proposal does not conform with Clause 9.4.1a) of Council’s Outbuilding Control Policy 9.4.1.

Carried 6/0

7.3.4 SUBJECT: ROAD DEDICATION – MARMION STREET EXTENSION

Location: Donnybrook Applicants: N/A Zone: N/A File Ref: A2791 Author: D Bromley – Principal Planner Report Date: 11 July 2007 Attachments: 7.3.4 - 2 Maps


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Background Shire officers have been seeking permission for access to a portion of unallocated Crown Land being Lot 584, Donnybrook for the purposes of extending Marmion Street through to join up with the newly created subdivision Brookdale Rise, which is an extension of the Westwood Estate Special Residential subdivision. The Department for Planning & Infrastructure Sate Lands Services have recently advised that they are prepared to support the proposed dedication of land for the purpose of extending and constructing Marmion Street. Comment Prior to the DPI continuing with the process of dedicating the section of land required for road purposes, a resolution of Council under Section 56 of the Land Administration Act 1997 for the dedication of the road is required. The extension of Marmion Street is an important road connection between the Donnybrook Townsite and the new residential development to the west of the Townsite. It is envisaged the new link will reduce traffic volumes on Bentley Street and also provide an additional escape route should there be a major fire threat to the west of town. Consultation N/A Policy/Statutory/Voting Implications N/A Financial Implications N/A Strategic Implications N/A Council Decision (Officer’s Recommended Resolution)

Moved: Cr Duncan Seconded: Cr Stewart

That Council support the future dedication of land required for road purposes under Section 56 of the Land Administration Act (1997) for the extension of Marmion Street through a portion of Lot 584, Donnybrook.

Carried 6/0


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7.3.5 SUBJECT: REVIEW TOWN PLANNING POLICY – ROAD CONTRIBUTION POLICY 9.1

Location: Shire of Donnybrook/Balingup Applicants: Shire of Donnybrook/Balingup Zone: N/A File Ref: TP/03 Author: D Bromley – Principal Planner Report Date: 11 July 2007 Attachments: 7.3.5 - Existing Policy 9.1 Background In August 2006 Shire officers began the task of reviewing Council’s current developer contribution policies with the aim of developing a comprehensive set of policies that aim to set out the requirements for the contribution responsibilities of developers in regard to the construction, upgrading and maintenance of roadworks and drainage within the Shire. Council’s current policy relating to developer contributions levied from the subdivision of land is Town Planning Policy 9.1 Road Contribution. Adopted in 1999 and reviewed in 2001, 02, 03 and 06 the policy outlines developer contributions towards the upgrading and construction of roads in all rural subdivision where additional lots are created. It is recognized that the current policy is inadequate for the following reasons:

• It does not sufficiently justify the amount that a developer shall contribute per lot.

• It only strictly applies to rural and ‘Special Residential’ subdivisions and not standard residential, rural residential, commercial or industrial subdivision.

• The differing road upgrading and construction requirements for different types of development are not taken into account, ie longer road frontages, vehicle trip numbers and road standards.

• The upgrading of drainage associated with road construction is not taken into account. The newly developed draft Town Planning Policy 9.1 Roadwork and Drainage Contribution which is to replace the existing Town Planning Policy 9.1 aims to address the above through detailed justification based on potential lot yields, estimated average annual vehicle trips and the separation of land uses. Comment Town planning consultants TME were commissioned to undertake the review and development of developer contribution policies in collaboration with Shire staff. The new policies were developed taking into account the current status of a State-wide Contributions Policy being promoted by the Urban Development Institute of Australia (UDIA) in association with the Western Australian Local Government Association and the Department for Planning and Infrastructure. The State-wide Policy has not yet been finalized, however the new Shire policy is considered to be consistent with the outcomes and recommendations of the final Contributions to Community Infrastructure Report 2006. The new draft roadworks and drainage contribution policy is considered fair, reasonable and accountable and therefore more likely to stand up to scrutiny should any developer or


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subdivider challenge the requirement for developer contributions being levied on the subdivision of land. Sound justification is achieved through the following measures:

• A contribution formula has been developed that differentiates between land uses and assigns each land use category an Average Annual Daily Trip (AADT) number, which is the average number of annual vehicle trips that a specific type of land use will generate. The land use categories are sourced from the WAPC Model Scheme Text and the AADT numbers are sourced from the RTA Guide of Traffic Generating Developments 2002.

• The Shire’s predicted road and drainage infrastructure costs and shortfall of funds up to 2011 are used to determine the amount of contribution required.

• The Shire’s Draft Rural Strategy 2007 and the Department for Planning & Infrastructure Land Release Plan 2006 are used to predict the total number of new lots that may be created within the Shire up to 2011.

The above measures are used to calculate a per lot contribution for proposed new subdivisions using the following calculation: No. of lots × AADT = Y Y ÷ Total AADT for Shire (6,960) × 100 = X% X% of Total predicted budget shortfall for road works up to 2011 ($2,242,588) = $Z Developer Contribution = $Z or $Z ÷ No. of lots = $A per lot. For example a 40 Lot Residential subdivision would incur a roads and drainage contribution as follows: SW Balingup Residential Development yields 40 lots. Total AADT is 40 x 9 = 360 % of Total AADT is then 360/6960X100 = 5.2% 5.2% of $2,242,588 = $116,614.58 TOTAL CHARGE = $116,614.58 or $2,915 per lot. The contribution received may then be utilised to fund construction and upgrading of road pavements, road verges including landscaping, footpaths and dual use paths, and drainage works associated with any road works within the immediate locality. It is the officer’s opinion that the calculated contribution per lot is reasonable and justifiable on the basis that any subdivision and consequent increase in lots is going to increase the amount of traffic on surrounding road infrastructure under the control of the Shire. The methodology used to calculate the contribution is sound and transparent and the projected lot yields are based on strategic planning documents. Therefore the draft Town Planning Policy 9.1 Roadwork and Drainage Contribution Policy is recommended for advertising pursuant to clause 9.6.2 of the Scheme. The new Policy will be applied to all subdivisions given conditional approval by the WAPC after the gazettal date of the policy.


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Consultation It is recommended that this draft policy be advertised pursuant to clause 9.6.2 seeking public comment. Policy/Statutory/Voting Implications Town Planning policies are created via clause 9.6.2 of the Shire of Donnybrook/Balingup Town Planning Scheme No. 4. Clause 9.6.2 states:

"A Town Planning Scheme Policy shall become operative only after the following procedures have been completed: a) The Council having prepared and having resolved to adopt a draft Town Planning Scheme Policy, shall advertise a summary of the Draft Policy once a week for two consecutive weeks in a newspaper circulating in the area giving details of where the Draft policy may be inspected and where, in what form, and during what period (Being not less than 21 days) representations may be made to the council. b) The Council shall review its Draft Town Planning Scheme Policy in the light of any representations made and shall then decide to finally adopt the Draft Policy with or without amendment, or not proceed with the Draft Policy. c) Following final adoption of a Town Planning Scheme Policy details thereof shall be advertised publicly and a copy kept with the scheme documents for inspection during normal office hours."

Financial Implications The contributions received in line with this draft policy will enable the Shire to construct and upgrade roads and drainage outside of a specific subdivision area in order to cater for the increased usage that additional lots are going to create on surrounding road infrastructure. Strategic Implications N/A Council Decision (Officer’s Recommended Resolution)

Moved: Cr Dawson Seconded: Cr Stewart

That Council advertise the following Draft Town Planning Policy 9.1 “Roadworks & Drainage Contribution” to seek public comment pursuant to Clause 9.6.2 of the Shire of Donnybrook/Balingup Town Planning Scheme No. 4.

Carried 6/0


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TOWN PLANNING POLICIES POLICY NO: 9.1

POLICY: Roadwork & Drainage Contribution

1.0 PURPOSE OF THE POLICY This policy is to set out the requirements for the contribution responsibilities of the developer in regard to the construction, upgrading and maintenance of roadworks and drainage within the Shire. More specifically, the contributions obtained may be utilised to fund the construction and maintenance of the following:

• Road pavements including treatment of shoulders

• Road verges including associated landscaping

• Associated footpaths & dual use paths

• Drainage works associated with the above It is expected that the developer will provide, construct and fund all roadwork and drainage requirements relating to their own development to the satisfaction of the Shire of Donnybrook and generally in accordance with the Australian Standards. Council also has the discretion to vary these requirements if necessary in response to specific local conditions and/or matters that are not covered within the parameters of this policy. 2.0 AIMS & OBJECTIVES The aims and objectives of this policy are to:

• Ensure that a high standard of local roadwork & drainage is constructed and maintained.

• To enable provision of local roadwork & drainage in a cost effective manner.

• Ensure that developer contributions are fair, reasonable and accountable.

• Ensure developer contributions are calculated in a practical manner that also relates to local conditions.

• Ensure local roadworks & drainage is provided in an orderly manner.

• Allow for flexibility in situations where required. 3.0 WHERE THE POLICY APPLIES The policy applies to the following:

• All subdivision in the Shire where new road construction or upgrading of existing roads & drainage is required, with the exception of roads not under the control of Council (i.e. Main Roads WA roads, private roads etc).


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• Any developments whereby it is considered by Council to notably increase traffic generation. This does not include residential group or multiple dwelling sites of four units or less.

4.0 POLICY TIME FRAME This Policy will be applied up to January 2012. Review and revision of the Roadwork Contribution Policy will be conducted during 2011. 5.0 CONTRIBUTION FORMULA 5.1 Direct Road Access The developer pays for all works for roads that directly relate to providing proper access to their approved subdivision in accordance with the conditions of subdivision approval. If road access exists, then the developer may be required to upgrade the roadworks and drainage to an appropriate standard as prescribed by the Shire’s Manager of Works and in accordance with Australian Standards. 5.2 Method of Calculation for Local Roads & Drainage Contributions

1. Determine the additional amount of Average Annual Daily Trips (AADT) that will be generated by the new subdivision or development.

Definition AADT - Average Annual Daily Trips - The total traffic passing a given point in both directions in a year, divided by the number of days in a year. This is calculated by virtue of the following table:

TYPE OF LANDUSE AADT Aged Persons Dwelling 2 per lot Residential (Single & Grouped Dwellings) Includes Special Residential

9 per lot

Rural/Special Rural 18 per lot Standard Industrial 25 per lot Commercial/office 10 per lot

TABLE 1 AADT TRIP GENERATION BY LANDUSE TYPE (Source RTA Guide of Traffic Generating Developments, Oct 2002) 1. The above Land Use categories are based on the land use categories of the WAPC Model Scheme Text (as a new scheme will be required to use these land use categories). 2. Based on RTA Guide of Traffic Generating Developments, 2002. Aged Persons dwelling has been raised from 1 to 2 due to the increased mobility needs in regional areas. Industrial has been calculated from the factories figure of 5 per 100m2 floor space.


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3. The “Special Rural” land use has an AADT amount double that of Single Residential because of the extra time on the road in travel to and from Special Rural developments. 4. For large ‘stand alone’ industrial and commercial developments such as mine sites, brickworks, canneries and supermarkets, the AADT figure can be determined on the basis of the carparking requirement in the scheme text and every required carbay can represent 2 AADT.

The total AADT for the development is calculated by multiplying the above figures by the total number of lots in the case of subdivisions or by the total number of units in the case of developments. EXAMPLE 1: 40 lot Single Residential Subdivision containing two lots with duplex (i.e. two x group dwelling) potential: 38 lots x 9 trips = 342 AADT 2 lots x 2 grouped dwellings x 6 trips = 24 AADT Total = 366 AADT EXAMPLE 2: 60 unit aged person’s development (strata or non strata): 60 units x 2 trips = 120 AADT

2. Determine Predicted Road & Drainage Infrastructure Costs for Whole of Shire and Shortfall of Funds to 2011

This is determined by the Manager of Works and Services on the basis of the 5 Year Program. It is also necessary however to calculate the amount of fund already available for works and services in this regard and therefore calculate the shortfall which needs to be taken up by the developer contributions. In the Shires 2005/2006 financial year there was a shortfall of $456,319 in regard to specific funds available for roadworks (without use of borrowings). Plus there was $60,279 gained from developer contributions. This means the total shortfall if there were no developer contributions is $516,598. This figure is the basis for future shortfall and predicted budget roadworks shortfalls can be determined up until 2011 as follows:

FINANCIAL YEAR

CURRENT RATE OF INFLATION

$ INCREASE

PREDICTED BUDGET SHORTFALL

2007/2008 3.3% $17,047 $533,646 2008/2009 3.3% $17,610 $551,256 2009/2010 3.3% $18,191 $569,447 2010/2011 3.3% $18,791 $588,239 Total Shortfall at beginning of 2011 financial year

$2,242,588


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TABLE 2 PREDICTED BUDGET SHORTFALLS FOR ROAD WORKS UP TO 2011 1. The budget shortfall is the total proposed budget for road works less expected funds provided from known sources (e.g. federal funds, roads to recovery etc – See Road Asset Management Table of Annual Report) Source: Shire of Donnybrook – Balingup Annual Report 2005 – 2006

3. Determine Predicted Total Shire AADT up to beginning of 2011 Financial Year

This figure is intended be calculated with the best information available at the time of calculation. The current predicted road upgrading and maintenance costs are to be based on the predicted lots and developments for that locality up until 2011 as provided by:

1. The current land release plan as provided by the Department for Planning & Infrastructure.

2. Where the above is not available by way of the most current planning strategy

(draft or final) endorsed by the Shire. The total increase in AADT for up to 2011 is calculated as follows: Figures available to 2011 from DPI Land Release Plan, December 2006 Donnybrook, Argyle & Preston Precincts Site Land use No. of

Lots to 2011

AADT per Lot

AADT

Sandhills Rd Industrial 15 (0.4ha)

50 750

Bentley St Residential 38 9 342 Boulder & Emerald Sts

Residential 8 9 72

Mead St Residential 125 9 1,125 Leschenaultia Cir & SW Hwy

Residential 75 9 675

Marmion St Residential 21 9 189 Bendall Rd Special

Rural 18 18 324

Total New Lots 300 Total predicted additional AADT to 2011 3,477 The Following Figures are based on Draft Rural Strategy (at October 2006 and not endorsed by WAPC at time of introduction of policy) Upper Capel Precinct


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Site Land Use No. of Lots

AADT per Lot

AADT

Upper Capel Rd

Residential 0 0 0

Total predicted additional AADT to 2011 0 Central Precinct Site Land Use No. of

Lots AADT per Lot

AADT

Brookhampton East

Special Rural

50 18 720

Brookhampton West

Special Rural

20 18 360

Total New Lots 70 Total predicted additional AADT to 2011 1080 Balingup Precinct Site Land Use No. of

Lots AADT per Lot

AADT

Grimwade Rd


Bailey Hts Residential 25 9 225 Brockman Street


Old Padbury Rd


Walter St Residential 6 9 54 Total New lots 151 Total predicted additional AADT to 2011 1,359 Greater Balingup Precinct Site Land Use No. of

Lots AADT per Lot

AADT

Mullalyup Nth

Residential 6 9 54

Mullalyup Sth


Balinga West

Residential 0 0 0

SW Balingup


Grimwade Nth

Residential 6 9 54

Jayes Rd Residential 4 9 36 Total New Lots 96 Total predicted additional AADT to 2011 1,044 Total Number of new lots from 2007 – 2011 is estimated as 617* Total AADT estimated for Shire up to 2011 is therefore 6,960 trips


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*Given the figure of 617 new lots to determine how this correlates with projected population growth we can subtract the industrial (non-residential) lots and we have a figure of 602 new lots. If we apply the current WA home occupancy rate of 2.3 persons per dwelling we can relate this to a predicted population growth of 1385 persons. The resultant population at 2011 is then 4,800 + 1385 = 6185. This figure fits within the medium (4900) and high growth (6800) estimates of the DPI and leans more to the high growth estimate which is now thought to be more realistic given recent growth trends. EXAMPLE 1 - RESIDENTIAL Mead Street Special Residential Development yields 125 lots. Total AADT for Mead Street is 125 x 9 = 1125 % of Total AADT is then 1125/6960X100 = 16.16% 16.16% of $2,242,588 = $362,402 TOTAL CHARGE = $362,402 or $2,899 per lot EXAMPLE 2 - INDUSTRIAL Locality of Beelerup has a total number of new lots by 2011 calculated as 15 industrial lots (DPI 31st Jan 2007). The contribution will be based on the following calculation. Total AADT for the 15 industrial lots is 375 AADT % of total trips equals 375/6960X100 = 5.39% 5.39% of $2,242,588 = $120,875 TOTAL CHARGE = $120,875 or $8,058 per lot Note: The above does not include road costs associated with roads not under the jurisdiction of the Shire (i.e. Main Roads WA roads or private roads). 6.0 CONCLUSION It is intended that this policy provides the shire with funds to assist in general local road works & drainage but also that these contribution funds can be justified as an additional cost imposition on the developer. This policy is believed to be reasonable as it recognises the financial shortfalls for shire works and allows for the developers of new projects to contribute to these shortfalls in relation to the estimated additional impact their subdivision or development will have on the locality’s roads. It is intended that the policy be the basis of constant review, given the changing industry trends, growth rates and socio cultural demands of the population.


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7.3.6 SUBJECT: PROPOSED TOWN PLANNING POLICY – DAMS POLICY 9.13

Location: Shire of Donnybrook/Balingup Applicants: Shire of Donnybrook/Balingup Zone: N/A File Ref: TP/03 Author: D Bromley – Principal Planner Report Date: 11 July 2007 Attachments: 7.3.6 - Appendix 1 of proposed policy 9.13 Background In 2003 the Council attempted to introduce a Policy that sought to provide guidance on the development of dams in the Shire of Donnybrook/Balingup. This was in response to issues arising from poorly constructed and inappropriately located dams and followed the trend of surrounding local authorities who had introduced similar policies. Due to negative public feedback however, the policy was not adopted and dams continue to be unregulated. The Shire has recently been in receipt of a number of queries and complaints regarding both the construction of new dams and the expansion of existing dams. Complaints about dams have arisen in various locations in the Shire, such as Kirup, Newlands, Upper Capel, Noggerup and Balingup and have been in relation to a number of issues, usually the impact that dammed and diverted water will have on downstream properties, the construction of dams over boundaries and the damage to downstream locations during dam reconstruction. In order to address these issues a revised Dams Policy has been developed by officers for Council consideration. Comment Currently, as the Shire does not have a dams policy that guides officers in the assessment and control of development associated with the construction of dams, it has generally been expressed to the public that the Shire does not regulate or control dams and that any queries in relation to dams should be directed to the Department of Water or the Department of Environment & Conservation. Shire officers have been queried by the Department of Water and the Department of Environment & Conservation as to why the Shire does not impose some form of regulation over dams and it has been suggested that development control through the Town Planning Scheme, backed up by a simple yet robust Policy should be implemented. It is the officer’s opinion that the current situation is not suitable or preferable, for those wishing to construct dams, for the community in general and for the Shire. Technically, construction of a dam is classified as development under the Scheme, being: ‘the use or development of any land and includes the erection, construction, alteration or carrying out as the case may be of any building, excavation, filling or other works on any land. Development includes the felling of timber on property.’ The construction of a dam involves excavation and filling and in some cases the clearing of vegetation. A recent decision of the Courts has determined that the clearing of land lies within the definition of development for the purpose of development control under the town


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planning legislation. It is for this reason that development control under the Scheme should be applied to the construction of dams in the Shire. A Dams Policy, which provides guidance to officers assessing proposals to develop a dam, as well as providing information to the public will assist in the assessment of dam proposals, but will also assist officers in dealing with complaints that arise due to inappropriately located, poorly constructed, or dangerous dams. The following Draft Town Planning Policy is presented to Council for consideration and consent to advertise pursuant to clause 9.6.2 of the Scheme. It should be noted that the Policy has undergone modifications, which have sought to simplify the policy and at the same time not impose an undue burden on rural land holders. It should be recognised that the only dams not requiring planning consent under this policy are those dams which are: “Off-stream dams and excavations with capacity less than 5000kL and wall height less than 1m.” 1 kl is equivalent to one (1) cubic metre in volume, therefore a 5000 kl dam is approximately a cube of water with 17 metre dimensions or a block of water 70 metres by 70 metres by 1 metre in depth. For dams over 50,000kl in volume and with dam walls over 5 metres in height engineer certification will be required to ensure proper and safe construction. The following clauses have been removed from the draft policy in order to simplify control and not place undue burden on those wishing to construct a dam: 5.3 Dam wall batters should be a minimum of 1:3 (shallower slopes may be appropriate

in certain instances to aid compaction and increase stability of dam wall). 5.4 Suitable materials are to be used to construct the dam wall. Rock, sand and gravel

are examples of unsuitable material. Use of a penetrometer is recommended to ensure adequate compaction.

5.10 Dams should be constructed as deep as practical to prevent excessive evaporation.

However consideration shall be given to safety of persons or animals against accidental immersion. The use of fencing as a safety measure may be appropriate particularly where steep batters are proposed. Council may require the dam be fenced where it is located in close proximity to residential development.

This draft policy is similar to policies in the Shires of Busselton, Augusta-Margaret River and Dardanup. Consultation It is recommended that this draft policy be advertised pursuant to clause 9.6.2 seeking public comment.


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Policy/Statutory/Voting Implications Town Planning policies are created via clause 9.6.2 of the Shire of Donnybrook/Balingup Town Planning Scheme No. 4. Clause 9.6.2 states:


Financial Implications The controlling of dams will require staff resources, however the cost of the policing will be offset financially by application fees. To date significant resources have been devoted on policing of dams in staff time and funds. Strategic Implications N/A Officer’s Recommended Resolution

That Council advertise the following Draft Town Planning Policy 9.13 “Dams Policy” to seek public comment pursuant to Clause 9.6.2 of the Shire of Donnybrook/Balingup Town Planning Scheme No. 4.

Council Decision

Moved: Cr Dilley Seconded: Cr Dawson That the item be deferred for 3 months to allow a working party to review policy.

Carried 6/0

Note: Working party to include Principal Planner, Cr Dilley, 2 contractors and 2 landowners. Positions to be advertised.


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TOWN PLANNING POLICIES

POLICY NO: 9.13 POLICY: Dams Policy

1.0 Background The Shire of Donnybrook/Balingup accepts that construction of farm dams to store water is essential in establishing and maintaining a productive and successful farming operation. Dams may be used to supply water for irrigation, aquaculture, stock watering, domestic use and fire fighting purposes. Farm dams may also constitute a threat to property, the viability of surrounding farming operations, the landscape and the environment through poor site selection and construction. Dam walls have a visual impact on the landscape, may require clearing, can alter drainage patterns and can provide an obstacle to native fauna if constructed on-stream. Likewise, dams constructed on-stream that have significant wall heights and volumes may, if breached, result in significant damage downstream. Guidelines are required to ensure dams are constructed responsibly and with due consideration to surrounding land use and the environment. 2.0 Objectives 2.1 To allow for the construction of farm dams to meet the water requirements of the farming community. 2.2 To ensure dam construction is responsible and with due consideration to downstream use and the environment. 2.3 Encourage protection of native and riparian vegetation. 2.4 To minimise visual disturbance to areas of important landscape value i.e. scarp and landscape protection areas. 3.0 Definitions Dam – is a man-made structure built across a watercourse to control the flow of water and/or to create a supply of water, or the excavation of an area for the purpose of water storage. On-Stream Dam – is the excavation of a watercourse and/or the construction of an earth wall across a watercourse to impound water. Off Stream Dam - is a dam wall and/or excavation constructed off stream to collect surface or subsurface runoff or groundwater.


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Excavation – is a below ground storage constructed to capture groundwater seepage and not surface run-off. Watercourse – refers to any river, creek, stream or brook in which water flows (permanent or seasonal) whether naturally occurring, artificially modified or man-made. Native Vegetation – means any local indigenous plant community containing throughout its growth the compliment of native species and habitats normally associated with that vegetation type or having the potential to develop these characteristics. It includes vegetation with these characteristics that has been regenerated with human assistance following disturbance. It excludes plantations and vegetation that has been established for commercial purposes. Riparian Vegetation - means any native vegetation fringing or situated in close proximity to a watercourse, and includes trees, shrubs, sedges and the like. Kilolitre (kL) – equals 1 cubic metre. 4.0 Application of the Policy For the purposes of this policy the construction of a farm dam constitutes ‘development’ as defined by the Shire of Donnybrook/Balingup Town Planning Scheme No. 4. Exception from Planning Consent All farm dams constructed within the Shire of Donnybrook/Balingup require planning consent, with the following exception: * Off-stream dams and excavations with capacity less than 5000kL and wall height less than 1m. 5.0 Policy Provisions 5.1 Nothing contained within the policy removes requirement for approvals under other legislation such as the Rights in Water and Irrigation Act 1914 (and Regulations) as administered by the Department of Water (DOW). 5.2 Council will generally favour dams that are constructed off-stream. Where dams are proposed on-stream the applicant shall demonstrate that a suitable alternative cannot be provided off-stream. 5.3 Dams constructed on-stream or for purposes other than domestic use and stock watering will require further approval as required under the Rights in Water and Irrigation Act 1914. 5.4 The dam should be sited to minimise disturbance to the natural environment. Proposed clearing will be referred to the Department of Environmental Protection where required under the relevant legislation. 5.5 On-stream dams shall have a spillway designed to accommodate a 1:100 year storm event and to return water to its original course, without causing erosion, prior to


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leaving the property (water shall exit the property in the same location it did prior to the dam being constructed). 5.6 On-stream dams shall have an underwall pipe or equivalent method to enable low flows to bypass the dam wall. This should be done in a manner that allows limited management of low flow releases. 5.7 Engineer certification is required where the dam wall height exceeds 5m and/or the dam has capacity greater than 50,000 kL. 5.8 A minimum clearance of 10 metres shall be provided between the toe of the dam wall and the property boundary. 5.9 Water shall not be permitted to pond across property boundaries (including lots or locations within the same landholding or ownership). 5.10 Construction shall take into account potential for the proposed dam to cause sedimentation, erosion or flooding of neighbouring properties. 5.11 The dam wall shall be grassed or vegetated to reduce its visual impact and possible erosion. 5.12 All on-stream dam walls are to have an impervious clay core. 5.13 Any spoil associated with the construction of the dam shall be removed or levelled and the site rehabilitated. 6.0 Information to Accompany Application

• Site Plan to scale (preferably 1:1000 or to fit on an A3 size plan) illustrating the location of the proposed new dam in relation to property boundaries and any existing infrastructure and development such as houses, sheds, intensive agriculture and natural landmarks (watercourse, native vegetation etc).

• Development Plan to scale (preferably 1:200) that shows dam dimensions, extent of ponding, natural features, intended dam capacity, vegetation to be removed and retained and any additional landscaping.

• Typical cross sections through the dam wall and spillway to scale (preferably 1:50).

• Details of intended water use.

• Council may request the applicant submit an environmental impact statement of the dam particularly where there may be significant clearing or construction of a large on-stream dam.

• Engineers certificate for dams with a capacity greater than 50,000 kL and wall heights greater than 5 metres.

• Sketched details will be acceptable where they are of a high standard at the correct scale and provide all necessary information.

Note: Appendix I illustrates an appropriate level of detail for plans submitted with an application.


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7.0 Referral of Application 7.1 Applications for on-stream dams, dams with capacity greater than 5000 kL and where water is to be used for purposes other than stock watering or domestic use, will be referred to the Department of Water (DOW) or relevant government department. 7.2 Council may refer an application for a dam to the Department of Environmental Protection, Department of Agriculture and/or the Department of Environment and Conservation for comment if appropriate. 7.3 Council may also choose to seek comment on any application from surrounding landowners, downstream landowners, or nearby water users. 8.0 Disclaimer Council takes no responsibility for the failure of any dam or damage that may be caused by any failure that is approved in accordance with this policy. The owner of the dam may be liable for the cost of damage, including personal injury, property and stock loss or damage, loss of income and road repairs and restoration of the stream channel. 9.0 Useful Reference for Dam Construction Lewis, B. 2002. Farm Dams Planning, Construction and Maintenance. Collingwood, Vic: CSIRO Publishing. Available from CSIRO Publishing PO BOX 1139 COLLINGWOOD VIC 3066 http://www.publish.csiro.au/

7.3.7 SUBJECT: PROPOSED TOWN PLANNING POLICY – COMMUNITY & RECREATION FACILITIES CONTRIBUTION 9.14

Location: Shire of Donnybrook/Balingup Applicants: Shire of Donnybrook/Balingup Zone: N/A File Ref: TP/03 Author: D Bromley – Principal Planner Report Date: 11 July 2007 Attachments: Nil Background In August 2006 Shire officers began the task of reviewing Council’s current developer contribution policies with the aim of developing a comprehensive set of policies that aim to set out the requirements for the contribution responsibilities of developers in regard to the construction, upgrading and maintenance of community and recreation facilities within the Shire. Council’s current policy relating to developer contributions levied from the subdivision of land is Town Planning Policy 9.1 Road Contribution. Adopted in 1999 and reviewed in 2001,


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02, 03 and 06 the policy outlines developer contributions towards the upgrading and construction of roads in all rural subdivision where additional lots are created. In addition to the development of a new Roadworks and Drainage Contribution Policy a newly developed draft Town Planning Policy 9.14 Community & Recreation Facilities Contribution policy will clarify the contribution to be levied on newly subdivided lots Comment Town planning consultants TME were commissioned to undertake the review and development of developer contribution policies in collaboration with Shire staff. The new policies were developed taking into account the current status of a State-wide Contributions Policy being promoted by the Urban Development Institute of Australia (UDIA) in association with the Western Australian Local Government Association and the Department for Planning and Infrastructure. The State-wide Policy has not yet been finalized, however the new Shire policy is considered to be consistent with the outcomes and recommendations of the final Contributions to Community Infrastructure Report 2006. The new draft community and recreation facilities contribution policy is considered fair, reasonable and accountable. Sound justification is achieved through the following measures:

• A simple contribution formula has been developed for residential land uses that calculates a per lot contribution for new subdivisions.

• The Shire’s predicted community and recreation infrastructure costs and shortfall of funds up to 2011 are used to determine the amount of contribution required.

• The Shire’s Draft Rural Strategy 2007 and the Department for Planning & Infrastructure Land Release Plan 2006 are used to predict the total number of new lots that may be created within the Shire up to 2011.

The above measures are used to calculate a per lot contribution for proposed new subdivisions using the following calculation: No. of lots in proposed development ÷ No. of total new residential lots in Shire (602) = Y% Y% of Total predicted budget shortfall for recreation facilities up to 2011 ($367,130) = $Z Developer Contribution = $Z or $Z ÷ No. of lots = $A per lot. For example a 40 Lot Residential subdivision would incur a community and recreation facilities contribution as follows: SW Balingup Residential Development yields 40 lots. % of Total Shortfall is then 40/602 x 100 = 6.64% 6.64% of $367,130 = $24 377.40 TOTAL CHARGE = $24,377.40 or $609 per lot. The contribution received may then be utilised to fund construction and upgrading of existing public open space areas, including landscaping, footpaths and dual use paths, community


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facilities such as libraries and recreation centres, as well as the purchase of additional public open space. It is the officer’s opinion that the calculated contribution per lot is reasonable and justifiable on the basis that any subdivision and consequent increase in lots is going to increase the use and impacts on community and recreation facilities in the locality. The methodology used to calculate the contribution is sound and transparent and the projected lot yields are based on strategic planning documents. Therefore the draft Town Planning Policy 9.14 Community & Recreation Facilities Contribution is recommended for advertising pursuant to clause 9.6.2 of the Scheme. The new Policy will be applied to all subdivisions given conditional approval by the WAPC after the gazettal date of the policy. Consultation It is recommended that this draft policy be advertised pursuant to clause 9.6.2 seeking public comment. Policy/Statutory/Voting Implications Town Planning policies are created via clause 9.6.2 of the Shire of Donnybrook/Balingup Town Planning Scheme No. 4. Clause 9.6.2 states:


Financial Implications The contributions received in line with this draft policy will enable the Shire to construct and upgrade community and recreation facilities outside of a specific subdivision area in order to cater for the increased usage that additional lots are going to create on surrounding recreation infrastructure.


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Strategic Implications N/A Council Decision (Officer’s Recommended Resolution)

Moved: Cr Crowley Seconded: Cr Dawson

That Council advertise the following Draft Town Planning Policy 9.14 “Community & Recreation Facilities Contribution” to seek public comment pursuant to Clause 9.6.2 of the Shire of Donnybrook/Balingup Town Planning Scheme No. 4.

Carried 6/0

TOWN PLANNING POLICIES

POLICY NO: 9.14

POLICY: Community & Recreation Facilities Contribution

1.0 PURPOSE OF THE POLICY This policy is to set out the requirements for the contribution responsibilities of the developer in regard to community and recreation facilities within the Shire. It is expected that the developer will provide, construct and fund all public open space and recreation facilities within their own development to the satisfaction of the Shire of Donnybrook and generally in accordance with the Australian Standards. Council also has the discretion to vary these requirements if necessary in response to specific local conditions and/or matters that are not covered within the parameters of this policy. 2.0 AIMS & OBJECTIVES The aims and objectives of this policy are to:

• Ensure that a high standard of community and recreation facilities are constructed and maintained.

• To further enable provision of local community and recreation facilities by obtaining developer contribution.

• Ensure that developer contributions are fair, reasonable and accountable.

• Ensure developer contributions are calculated in a practical manner that also relates to local conditions.

• Ensure local community and recreation facilities are provided in an orderly manner.

• Allow for flexibility in situations where necessary.


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3.0 WHERE THE POLICY APPLIES The policy applies to the following:

• All residential subdivisions in the Shire which will use and benefit from local community and recreation facilities.

• Any developments whereby it is considered by Council to have a considerable impact on and need for community and recreational facilities such as aged persons sites and large scale unit developments. This does not include residential group or multiple dwelling sites of four units or less.

• Community and recreation facilities are defined as Public Open Space areas and community infrastructure such as libraries and community halls. Funds may also contribute towards the purchase of additional POS.

4.0 POLICY TIME FRAME This Policy will be applied up to January 2012. Review and revision of the Policy will be conducted during 2011. 5.0 CONTRIBUTION FORMULA 5.1 POS (Public Open Space) within Subdivision Area The developer provides for POS and pays for all works on that POS within the subdivision application area in accordance with the conditions of subdivision approval. This will include as follows:

• Establishment of lawns,

• Landscaping,

• Weed control or removal,

• Recreational facilities such as play equipment, BBQs and seating,

• Sporting facilities including ovals and clubrooms if required.

• Conservation trails, fencing & viewing platforms as required • Signage.

• Toilet facilities

• Installation of reticulation

• Any other matters deemed by Council to be directly associated to the POS area. 5.2 Local Community and Recreation Facilities outside of Subdivision

Application Area. The developer contributes towards the provision and/or upgrading of community and recreation facilities outside of the subdivision application area in accordance with the following methodology:


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1. Determine Predicted Community and Recreation Facilities Costs for Whole of Shire and Shortfall of Funds to 2011

This is determined by the Manager of Works and Services on the basis of the 5 Year Program. It is also necessary however to calculate the amount of fund already available for works and services in this regard and therefore calculate the shortfall which needs to be taken up by the developer contributions. In the Shires 2005/2006 financial year there was a shortfall of $86,612 in regard to specific funds available for community and recreation facilities (without use of borrowings). This figure is the basis for future shortfall and predicted budget community and recreation facilities shortfalls can be determined up until 2011 as follows:

FINANCIAL YEAR

CURRENT RATE OF INFLATION

$ INCREASE

PREDICTED BUDGET SHORTFALL

2007/2008 3.3% $2,858 $89,470 2008/2009 3.3% $2,953 $89,565 2009/2010 3.3% $2,956 $92,521 2010/2011 3.3% $3,053 $95,574 Total Shortfall at beginning of 2011 financial year

$367,130

TABLE 2 PREDICTED BUDGET SHORTFALLS FOR RECREATION FACILITIES UP TO 2011 1. The budget shortfall is the total proposed budget for recreation facilities less expected funds provided from known sources (e.g. grants, clubs, transfer from reserve funds) – See p43 of Annual Report) Source: Shire of Donnybrook – Balingup Annual Report 2005 – 2006

2. Determine Predicted Total Shire Residential Lots up to beginning of 2011 Financial Year

This figure is intended be calculated with the best information available at the time of calculation. The current predicted community and recreation facilities upgrade and maintenance costs are to be based on the predicted lots and developments for that locality up until 2011 as provided by:

1. The current land release plan as provided by the Department for Planning & Infrastructure.

2. Where the above is not available by way of the most current planning strategy (draft or final) endorsed by the Shire.

Figures available to 2011 from DPI Land Release Plan, December 2006 Donnybrook, Argyle & Preston Precincts

Site Land use No. of

Sandhills Rd Industrial 15 (0.4ha)


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Bentley St Residential 38 Boulder & Residential 8

Mead St Residential 125 Leschenaultia Residential 75

Marmion St Residential 21 Bendall Rd Special 18

Total New Lots 300 The Following Figures are based on Draft Rural Strategy (at October 2006 and not endorsed by WAPC at time of introduction of policy) Upper Capel Precinct


Upper Capel Rd

Residential 0

Central Precinct

Site Land Use

No. of Lots

Brookhampton East

Special Rural

50

Brookhampton West

Special Rural

20

Total New Lots 70 Balingup Precinct


Grimwade Rd

Residential 40

Bailey Hts Residential 25 Brockman Street

Residential 20

Old Padbury Rd

Residential 60

Walter St Residential 6 Total New lots 151

Greater Balingup Precinct


Mullalyup Nth

Residential 6

Mullalyup Residential 40


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Sth Balinga West

Residential 0

SW Balingup

Residential 40

Grimwade Nth

Residential 6

Jayes Rd Residential 4 Total New Lots 96

Total Number of new lots from 2007 – 2011 is estimated as 617* *Given the figure of 617 new lots to determine how this correlates with projected population growth we can subtract the industrial (non-residential) lots and we have a figure of 602 new lots. If we apply the current WA home occupancy rate of 2.3 persons per dwelling we can relate this to a predicted population growth of 1385 persons. The resultant population at 2011 is then 4,800 + 1385 = 6185. This figure fits within the medium (4900) and high growth (6800) estimates of the DPI and leans more to the high growth estimate which is now thought to be more realistic given recent growth trends. EXAMPLE Mead Street Special Residential Development yields 125 lots. % of 2011 Shortfall is then 125/602 = 20.76% 20.25% of $367,130 = $76,216 TOTAL CHARGE = $76,216 or $610 per lot Note: It is more than likely that the above subdivision would be carried out in stages therefore the full amount would be payable over an extended period of time. i.e. a first stage of 20 lots would mean a contribution of 20 x $610, i.e. $12,200. 6.0 CONCLUSION It is intended that this policy provides the shire with funds to assist in community and recreation facilities but also that these contribution funds can be justified as an additional cost imposition on the developer. This policy is believed to be reasonable as it recognises the financial shortfalls for shire facilities and allows for the developers of new projects to contribute to these shortfalls in relation to the estimated additional impact their subdivision or development will have on the locality’s facilities. It is intended that the policy be the basis of constant review, given the changing industry trends, growth rates and socio cultural demands of the population.


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7.4 Chief Executive Officer

7.4.1 SUBJECT: PROPOSED PLAYGROUND – CNR COLLINS AND RESERVE STREETS, DONNYBROOK

Location: Lot 597 Collins Street, Donnybrook Applicants: Local Community Members (Confidential) Zone: Reserve for Public Purposes File Ref: A4014 & TP07/02 Author: J Attwood - CEO Report Date: 18 July 2007 Attachments: Nil Background At the Special Council meeting held on 21 June 2007 it was resolved:

That: (a) Council acknowledge and thank the donors for their offer to fund the establishment of a community Fun Park at Lot 597, corner Reserve and Collins Street, Donnybrook to be completed by Easter 2008. (b) Council support the location of the Fun Park and Infrastructure on Lot 597, however acknowledge that public submissions close on Tuesday 26th June 2007 and Council will be required to consider and evaluate any submissions received when making a final decision at the Ordinary Meeting of Council to be held on 27th June 2007. (c) The proposal be generally in accordance with the plan shown at attachment 5.1.1a. (d) Council request staff to cost Infrastructure, including toilet block, barbeque facilities, electricity, water, sewerage supply, site preparation, parking and fencing for consideration in the 2007/2008 budget deliberations. (e) All public submissions received in relation to the proposal be considered at the Ordinary Council Meeting to be held on 27th June 2007. (f) That Council in consultation with the proponent appoint a project manager to coordinate the project.

Comment Following the Council meeting held on the 27 June 2007 a meeting was arranged with representatives from Westnet Rail and Councillors on site on Wednesday 4 July 2007 to present the proposal to allow the Fun Park to develop within the Westrail corridor land. I have written advice by Westnet Rail that Westnet Rail will not allow the development of the Fun Park on the Westrail corridor land and the letter states that “Westnet Rail could not compromise its obligations to the Office of Rail Safety, its rail operations nor members of the public by allowing such a high risk use within this exclusion zone.”


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The proponents have provided Council with a redesigned plan which moves part of the Fun Park further to the South. The new plan indicates an encroachment of approximately 14 metres of the Fun Park within the Heritage Precinct Area and an additional 27 metres for a proposed car park further to the South. Council had previously indicated that they would like to limit the Southern boundary of the Park to approximately 88 metres from Reserve street. The new boundary would be approximately 127 metres from Reserve street and approximately 10 metres from the Northern boundary of lot 605. (ex Shervington shed) As the latest plan indicates that part of the playground and the car park are within the Westrail Heritage Precinct area, a submission was forwarded to the Heritage Council seeking approval as a matter of urgency. The Heritage Council advised on 19 July 2007 that they support the proposal being constructed within the Donnybrook Railway Precinct Conservation Plan. The proponents have also requested particular indemnifications on Public Liability and Professional Indemnity in relation to volunteers and the proponents liability. An indemnity proposal has been forwarded to our insurance company seeking clarification that Council can in fact indemnify others and this should be available by the 20 July 2007. The proponents have also requested that Council give various assurances as to the ongoing maintenance and operation of the park and a Statement of Responsibilities for ongoing maintenance of the Apple Fun Park have been drawn up for signing by the President and CEO. The proponents have indicated that unless the Statement of Responsibility and the insurance indemnities have been signed and provided to the proponent by 20 July 2007 it is unlikely that they will proceed with the project. At present Council have three approvals/refusals to consider;

1. Approval to allow the Fun Park to proceed 127 metres from Reserve street; 2. Endorse the Public Liability and insurance issues; and 3. Endorse the Statement of Responsibility for ongoing maintenance of the Apple Fun

Park. The working party of the proposal met on Tuesday 17 July 2007 and assessed the Statement of Responsibility and insurance obligations as well as reviewing a submission to be lodged to the Heritage Council. The working party endorsed the Statement of Responsibility for ongoing maintenance of the Apple Fun Park and the liability insurance indemnity (subject to confirmation by Council insurers), however it is a decision of Council that will be required at the next Council meeting. Consultation Consultation has taken place with the proponents, the working party and Government agencies. The proposal was advertised for public comment. Policy/Statutory/Voting Implications Simple Majority. Provided Local Government Insurance Service endorse the Indemnity declaration there are no other known statutory obligations.


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Financial Implications Ongoing maintenance will form part of normal budget considerations. Strategic Implications The proposal impacts upon a number of key strategic planning documents, including the Donnybrook Townscape Plan, the Shire Strategic Plan, the Draft 5Year Plan for Playgrounds, and the Donnybrook Shire Administration Site Selection process. Officer’s Recommended Resolution

(a) That Council approve the proposed Fun Park on lot 597 with the Southern boundary for Fun Park infrastructure to be located up to 100 metres from Reserve street.

(b) That Council endorse the following Public Liability declaration;

Insurance and Legal Liability – Proponents

I hereby confirm that the project proponents listed above, will not be held liable for any legal liability or insurance claims which may arise from the construction or operation of the Apple Fun Park subject to the following:

• The Apple Fun Park will be constructed as per final plan.

• Variations to this plan are approved in writing by the Chief Executive Officer of the Shire of Donnybrook-Balingup prior to the changes being made.

• The proponents, contractors and volunteers all receive Shire induction training prior to commencing work on the project.

• Donors take reasonable care in planning and designing the Fun Park.

Note: Proponents have advised that “The principal constructor PCarso Play Designs has provided references for previous installations and from a private safety audit company in Queensland. These referees have been contacted briefly and the proponents were not advised of any problems. These contact numbers can be provided to Donnybrook-Balingup Shire on request. Peter Carson of PCarso Play Designs is aware of the site and visited it earlier in the year. He has informed the proponents that the structures will be manufactured and installed to comply with Australian Standards.”

I hereby confirm that the following volunteer insurance is available to personnel assisting construction of the Fun Park under the auspices of the Shire.

Volunteer Insurance

Public Liability

I hereby confirm that all voluntary workers (including the proponents) , helping to construct the playground, will be insured under the Shire of Donnybrook-Balingup Public Liability protection as long as:

• They receive an induction from the Shire and are listed as a volunteer of the Shire on a Volunteers Register (see Appendix 3 -1).

• They are trained and briefed on their scope of duties.

• They wear suitable Personal Protective Equipment. I further confirm that Personal Accident insurance cover will be provided as shown at Appendix 3-2.


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Professional Indemnity

I hereby confirm that the Project Manager co-ordinating the project, will be insured under the Shire of Donnybrook-Balingup Professional Indemnity protection as long as he/she is not being remunerated. Companies supplying and designing equipment (on a non-voluntary basis) are responsible for providing their own Professional Indemnity insurance

(c) That Council endorse the following Statement of Responsibility for

ongoing maintenance of the Apple Fun Park.

Statement of Responsibility for Ongoing Maintenance of Apple Fun Park I hereby confirm that:

• Equipment damaged at the Fun Park will be maintained to Australian

Standards. If any items are damaged, they will be repaired, replaced or replacements ordered within 3 months.

• Equipment and surrounds will be maintained in good condition through a regular maintenance program carried out by Works & Services Department.

• Sufficient funds will be provided in budget each year to undertake routine maintenance.

• Play structures will not be removed/relocated to other areas in the Shire for a period of ten years.

• Security system will be maintained at all times and lighting will be maintained and checked to ensure that it is operational from dusk till dawn.

• Toilets will be open minimum 8:00am to 9:00pm seven days a week, longer if evening functions are being organised.

• Park available at no cost to local charities and clubs for functions, but with the appropriate approval of Donnybrook-Balingup Council.

Council Decision

Moved: Cr Dilley Seconded: Cr Crowley

(a) That Council approve the proposed Fun Park on lot 597 with the Southern boundary for Fun Park infrastructure to be located up to 100 metres from Reserve street.

(b) That Council endorse the following Public Liability declaration; If

allowed by Council’s insurer, the proponents and project manager be included in the Shire Public Liability Policy.

Insurance and Legal Liability - Proponents

I hereby confirm that the project proponents listed above, will not be held liable for any legal liability or insurance claims which may arise from the construction or operation of the Apple Fun Park subject to the following:

• The Apple Fun Park will be constructed as per final plan.

• Variations to this plan are approved in writing by the Chief Executive Officer of the Shire of Donnybrook-Balingup prior to the changes being made.

• The proponents, contractors and volunteers all receive Shire induction training prior to commencing work on the project.

• Donors take reasonable care in planning and designing the Fun Park.

Note: Proponents have advised that “The principal constructor PCarso Play Designs has provided references for previous installations and from a private


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safety audit company in Queensland. These referees have been contacted briefly and the proponents were not advised of any problems. These contact numbers can be provided to Donnybrook-Balingup Shire on request. Peter Carson of PCarso Play Designs is aware of the site and visited it earlier in the year. He has informed the proponents that the structures will be manufactured and installed to comply with Australian Standards.”

I hereby confirm that the following volunteer insurance is available to personnel assisting construction of the Fun Park under the auspices of the Shire.

Volunteer Insurance

Public Liability

I hereby confirm that all voluntary workers (including the proponents) , helping to construct the playground, will be insured under the Shire of Donnybrook-Balingup Public Liability protection as long as:

• They receive an induction from the Shire and are listed as a volunteer of the Shire on a Volunteers Register (see Appendix 3 -1).

• They are trained and briefed on their scope of duties.

• They wear suitable Personal Protective Equipment. I further confirm that Personal Accident insurance cover will be provided as shown at Appendix 3-2.

Professional Indemnity

I hereby confirm that the Project Manager co-ordinating the project, will be insured under the Shire of Donnybrook-Balingup Professional Indemnity protection as long as he/she is not being remunerated. Companies supplying and designing equipment (on a non-voluntary basis) are responsible for providing their own Professional Indemnity insurance

(c) That Council endorse the following Statement of Responsibility for ongoing maintenance of the Apple Fun Park.

Statement of Responsibility for Ongoing Maintenance of Apple Fun Park

I hereby confirm that:

• Equipment at the Fun Park will be maintained to Australian Standards. If any

items are damaged, they will be repaired, replaced or replacements ordered within 3 months.

• Equipment and surrounds will be maintained in good condition through a regular maintenance program carried out by Works & Services Department.

• Sufficient funds will be provided in budget each year to undertake routine maintenance.

• Play structures will not be removed/relocated to other areas in the Shire for a period of ten years.

• Security system will be maintained at all times and lighting will be maintained and checked to ensure that it is operational from dusk till dawn.

• Toilets will be open minimum 8:00am to 9:00pm seven days a week, longer if evening functions are being organised.

• Park available at no cost to local charities and clubs for functions, but with the appropriate approval of Donnybrook-Balingup Council.

Carried 6/0


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7.4.2 SUBJECT: WASTE MANAGEMENT LEVY

Location: Shire of Donnybrook-Balingup Applicants: JS & PR Fry Zone: N/A File Ref: A1866 Author: John Attwood – CEO (Geraldine Bowman) Report Date: 10 July 2007 Attachments: 7.4.2 - Letter received from Mr J Fry Background A letter from John Fry has been received requesting Council consideration for a reduction in Waste Management Levy on Assessments A1866, A2031, A2780 and A3973. Attachment 7.4.2. Comment Councils Waste Management Policy 6.5 states:

Townsites i) Where land is held contiguously, only one levy will apply ii) Where one owner has multiple vacant land within a townsite, only one levy will

apply. Where a landowner owns land in both a townsite and a rural block, levies will apply to both assessments, unless the land is contiguous. Rural Where land holdings are contiguous (or within 5 kilometres by road) one levy will apply. Please note: The 5 kilometre radius is calculated from land where a levy is charged.

Mr Fry would automatically qualify for a concession on the contiguous land holding interpretation if the rate assessments in question (A1866, A 2031, A2780 and A3973) were held in one ownership, not multiple owners or multiple companies. Ownership of the rate assessments is as follows: A1866 – JS & PR Fry - Dwelling A2031 – JS & LR Fry - Dwelling A2780 – Torridon Grazing Pty Ltd A3973 – Crendon Holdings Pty Ltd As the land is not held under the same ownership the request for the exemption does not strictly comply with Councils Waste Management Levy policy. Council may however, approve a reduction on the merits of the application. Assessments 1866 and 2031 have a residence on the property, assessments 2780 & 3973 are grazing land.


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Consultation N/A Policy/Statutory/Voting Implications Waste Management Policy 6.5 Financial Implications The Waste Management Levy for 2007/08 is set at $130 per assessment. Granting a reduction on the Waste Management Levy would result in a decrease of $260.00 Strategic Implications N/A Council Decision (Officer’s Recommended Resolution)

Moved: Cr Crowley Seconded: Cr Dilley

That Council approve a reduction in Waste Management Levy for Mr Fry from the 1st July 2007 as follows:

• A1866 and A2780 attract a combined Waste Management Levy $130.

• A2031 and A3973 attract a combined Waste Management Levy of $130.

Carried 6/0

7.4.3 SUBJECT: CORPORATE MEMBERSHIP – LGMA 2007 /08

Location: N/A Applicants: Local Government Managers Australia

(LGMA) Zone: N/A File Ref: DEP 20/4 Author: John Attwood (CEO) Report Date: 10 July 2007 Attachments: N/A Background The LGMA has made available Council Corporate Membership (CCM) for a number of years, but Council has not taken up such affiliation. As a result of research by LGMA it is launching a major initiative to use CCM funds raised in 2007/08 and beyond to address two major concerns in the sector. In future, 85% of the funds raised through CCM will be used to address the skills shortage and provide direct


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funding support to LGMA Branches. Therefore, the Association is very keen to recruit more Councils as corporate members. The specifics of the projects to be funded are as follows. (a) Skills Shortage There is a major crisis in attracting and retaining suitably skilled staff to work in Local Government in Western Australia. The LGMA views this issue so seriously that nearly 70% of the funds raised through CCM will be used to address the skills shortage. The funds raised for this purpose will be identified separately and reported on regularly. The skills shortage projected will have the objective of:

• Raising the awareness of Local Government as a great career opportunity and an employer of choice with the general public, school children and university students.

• Working with WALGA and the Department of Local Government and Regional Development as a joint exercise to address the skills shortage. Through this avenue LGMA will bring an officer viewpoint to the table.

• Developing strong and consistent retention policies with individual Local Governments and for the sector as a whole.

• Implementing innovative and constructive methods for attracting people to local government through scholarships, cadetships and school/university vacation employment opportunities.

• Develop and maintain a web-site extolling the virtues and opportunities when working for Local Government.

If sufficient funds are raised they will be used to employ an appropriately skilled person to undertake the above tasks. It is a great opportunity for Local Government to prove that when it identifies a problem it self-funds a solution rather than seeking financial support from government. (b) Branch Support Strong branches mean a strong LGMA which is for the benefit of the whole sector. A strong branch is one that provides real benefits for its members in terms of regular meetings to discuss topical issues in the sector, seminars and workshops, social events, regional conferences and development support for younger officers. Such events require funds and well-subscribed CCM program means all branches will receive a significant boost in funding. The concept is that the funds raised through CCM by the Local Governments in the region will be paid directly to the Branch committee which will then have the funds to provide support and training to the region for Local Government officers. The proportion of CCM funds allocated to Branches will be around 15%.

(c) LGMA Operations

The remaining 15% of the funds raised will be used to support general LGMA operations.

In regard to the CCM levy by LGMA, Local Governments have been defined as large, medium or small and as outlined above the funds will be allocated to three purposes. We have been


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classified as a medium Local Government. The fee structure and fund allocation for our classification is as follows:

Fee - $1,000 plus GST Allocation: Skills Shortage Project - $700, Branch $150, LGMA $150

The benefits of CCM for elected members will be as for previous years. This means elected members pay members rates whenever they register at an LGMA event. This saving will be most pertinent in the 2007/08 year when a number of our elected members may wish to attend the Futures Symposium to be held 11-13 September 2007. In addition Council receives a copy of Statewide, the LGMA quarterly magazine, to be made available to all Elected Members. Comment This is a significant innovation by LGMA. If successful in attracting sufficient CCM’s the funds raised could make a real difference to the sector response to the skills shortage. For example, if 80 Local Governments sign up to CCM then $56,000 would be available to address the skills shortage. Such funds would have a positive impact on the sector attracting and retaining quality staff. CEO comment – While the approach made by the LGMA is a good initiative Council already contributes to the WALGA Workplace Relations Service. As part of their operations they have developed a fairly comprehensive overseas recruiting program and there may be some duplication with the proposed LGMA service. Consultation N/A Policy/Statutory/Voting Implications Voting - Simple Majority Financial Implications $1,100 per annum. Strategic Implications N/A Council Decision (Officer’s Recommended Resolution)


That Council do not become a Corporate Member of the Local Government Managers Australia in 2007/08.

Carried 6/0


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7.4.4 SUBJECT: WA LOCAL GOVERNMENT ASSOCIATION ANNUAL GENERAL MEETING

Location: Burswood Resort Convention Centre Applicants: Western Australian Local Government

Association (WALGA) Zone: N/A File Ref: DEP 22/4D Author: John Attwood – CEO (Geraldine Bowman) Report Date: 10 July 2007 Attachments: 7.4.4 - Local Government Convention -

AGM Agenda Background Council has been provided with a copy of the agenda for the 2007 Annual General Meeting for the WA Local Government Association which will be held at Local Government Convention at 1pm on Sunday 5th August at the Burswood Resort Convention Centre. At the Ordinary Council Meeting held 13 June 2007, Deputy President Cr Jill Duncan and Cr Steve Dilley were nominated as voting delegates to represent Council at the Annual General Meeting. Comment The following matters for decision will be considered. 2.1 Industry Benchmarking. 2.2 Frequency of Land Valuations by the Valuer Generals Office. 2.3 Pre-Selling Vacant Land. 2.4 Funding – Volunteer St John’s Ambulance Services. 2.5 State Water Reform Agenda – Concerns for Local Government. 2.6 Raising and Collection of the Domestic Refuse Rate. 2.7 Terms of Office for Zone Office Bearers. 2.8 Proposed Amendments to the Constitution of the Western Australian Local Government

Association. Policy/Statutory/Voting Implications Simple Majority Financial Implications N/A Strategic Implications N/A


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Officer’s Recommended Resolution

That Council Vote as follows: Yes/No for agenda item 2.1 Yes/No for agenda item 2.2 Yes/No for agenda item 2.3 Yes/No for agenda item 2.4 Yes/No for agenda item 2.5 Yes/No for agenda item 2.6 Yes/No for agenda item 2.7 Yes/No for agenda item 2.8

Council Decision


That Council Vote as follows: Delegates discretion - for agenda item 2.1 Yes for agenda item 2.2 Yes for agenda item 2.3 Delegates discretion for agenda item 2.4 Yes for agenda item 2.5 Yes for agenda item 2.6 Yes for agenda item 2.7 Yes for agenda item 2.8

Carried 6/0

7.4.5 SUBJECT: PUBLIC LIABILITY CLAIM

Location: Fowler St, Yabberup Applicants: Mr Perry Hunt Zone: N/A File Ref: ADM 05/13 Author: John Attwood – CEO (Geraldine Bowman) Report Date: 11 July 2007 Attachments: 7.4.5 - Letter dated 2 May 2007 from Mr

Hunt Background A letter has been received from Mr Hunt requesting the following matter be referred to council for consideration. Attachment 7.4.5 A public liability claim was received by Council from Mr Hunt on 22 May 2006 for the repair of pumping equipment damaged by a control burn. Whilst the liability had not been accepted by Municipal Liability Scheme (MLS), under delegation no 3.6 the CEO approved reimbursement of costs totalling $324.48.


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Mr Hunt has submitted a further claim totalling $181.50 in respect to the aerial and cable damage to the pumping equipment. Comment

The original claim was forwarded to Municipal Liability Scheme (MLS). They have assessed Council was not legally liable for the claimed damages of $324.48, pursuant to the immunities afforded to the Shire in Section 6 of the Volunteers and Food and Other Donors (Protection from Liability) Act 2002, as well as Section 63 of the Bushfires Act 1954. MLS have advised that this further claim of $181.50 has been denied on the basis that the claim has previously been settled by Council. Consultation Local Government Insurance Scheme. Policy/Statutory/Voting Implications Voting – Simple Majority Financial Implications N/A Strategic Implications N/A Council Decision (Officer’s Recommended Resolution)

Moved: Cr Dawson Seconded: Cr Duncan

That Council not fund the $181.50 for damages as advice from Council’s insurers indicate that in their opinion Council are not liable for this claim.

Carried 6/0

7.4.6 SUBJECT: TELECENTRE COMMITTEE

Location: Shire of Donnybrook-Balingup Applicants: Telecentre Committee Zone: N/A File Ref: CNL 06 Author: John Attwood – CEO (Geraldine Bowman) Report Date: 10 July 2007 Attachments: N/A Background With the retirement of Brian Coulton from Council a vacancy now exists for a Councillor representative on the Telecentre Committee.


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Comment The Telecentre Committee has approached with a request for a Councillor representative to be appointed to the Committee . The Committee meets once a month and the next meeting will be held on Thursday 26 July 2007 at 5.00pm. Consultation N/A Policy/Statutory/Voting Implications N/A Financial Implications N/A Strategic Implications N/A Officer’s Recommended Resolution

That Councillor ________________ be appointed Council delegate to the Telecentre Committee Meeting.

No Action

7.4.7 SUBJECT: COUNCILLOR REPRESENTATIVE - KIRUP PROGRESS ASSOCIATION

Location: Shire of Donnybrook-Balingup Applicants: Kirup Progress Association Zone: N/A File Ref: CNL 06 Author: John Attwood – CEO (Geraldine Bowman) Report Date: 10 July 2007 Attachments: N/A Background Since the retirement of Brian Coulton from Council a vacancy now exists for a Councillor representative to attend the Kirup Progress Association meetings. The Association meets bi-monthly, on the first Monday of the month. Comment The Kirup Progress Association has written to Council seeking Councillor representation at their meetings.


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The next meeting will be held 3rd September 2007 at 7.30pm in the Kirup Hall. Consultation N/A Policy/Statutory/Voting Implications N/A Financial Implications N/A Strategic Implications N/A Officer’s Recommended Resolution

That Councillor ______________ be appointed Council delegate to the Kirup Progress Association.

Council Decision


That Councillor Dilley be appointed Council delegate to the Kirup Progress Association.

Carried 6/0

7.4.8 SUBJECT: BALINGUP OVAL FENCING

Location: Balingup Oval Applicants: N/A Zone: N/A File Ref: RES 02/5 Author: J.Attwood – CEO (W.Trow) Report Date: 12 July 2007 Attachments: 7.4.8 - Balingup Oval Plan Background As a result of a grant supplied through Department of Sport & Recreation – Community Sport & Recreational Facilities Fund (CSRFF), Balingup Oval has been upgraded as follows:

• Grounds have been levelled, reticulated and re-seeded.

• Transformer has been installed (electrical supply to be connected before end August).

• Water tank and bore have been installed.


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The original plan, to install four lighting towers, was deferred indefinitely due to cost over-runs. Damage, caused by unauthorised vehicular use of the oval, was reported by Blackwood United Football Club (BUFC) and this highlighted the need to fence the oval and water tank. At the Ordinary Council meeting held on 23 April 2007 it was resolved:

“That Council allocate the 06/07 budget balance of project R037 upgrade funds to the installation of fencing to protect the oval”.

Comment Since the April 07 Council meeting, Works and Services staff have reviewed the whole project and identified that the following work needs to be carried out on the Oval to finish the upgrade:

• Installing pine bollards at 1.5 mtr intervals around the pitch to prevent unauthorised vehicular access.

• Installing four gates for access.

• Re-locating the jarrah benches to the southern side of the ground (under the trees).

• Planting trees (to replace the pine trees) on the Eastern side of the ground.

• Constructing a 1.8 mtr chain link fence around the water tank.

• Relocating the light tower to an area adjacent to the shower block.

• Closing the gravel track in front of the shower block and grassing this area.

• Installing an all-season cricket wicket to enable use of the ground as a cricket ground during summer.

• Upgrading the electricity supply to Balingup Recreation Centre and all buildings in the Oval area.

• Constructing a small gravel parking area adjacent to the shower block. • Verti-mow and top dress oval.

The plan at Attachment 7.4.8, incorporating the above improvements, was developed as a result of consultation with the primary users of the oval, BUFC and the Small Farm Field Day Committee. Community input was sought on the proposal and four responses were received. A summary of comments and responses is shown below: Submission Comment Response 1 2 3 4

Expressed concern at the proposed location of the boom gate on the western side of the oval (adjacent to BADSA).

Plan has been reviewed and Shire officers agree that the boom gate should be relocated to allow parking adjacent to the tennis courts. See Attachment 7.4.8.

2 Suggested we use benches and original old railings instead of bollards.

These would not be sufficient to provide a barrier for the whole oval. Purchase of more benches and/or steel railing would be an expensive option.

2 Did not want fence around water tank.

This is a safety issue to prevent children climbing on the tank. Also to stop vandals from tampering with the water pump. Recommend 1.8 mtr fence be installed.


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2

Did not want the gravel road closed as it prevents access by community, school bus and emergency vehicles.

4 Did not want the gravel road closed as it prevents access by community.

2 Did not support moving benches.

The closure of this road and moving of benches is key to enabling the provision of a 100 mtr x 64mtr senior soccer pitch in an East West direction. This is not a gazetted road and it would be unusual for emergency vehicles or buses to take a short-cut to access the Highway. Recommend that gravel road is closed and benches are relocated.

2 4

Concerned that fence will restrict camping on western side of the oval.

This is not a designated camping area and, although the Shire makes exceptions on an ad-hoc basis, this is not a practice we should encourage.

2 Supported the installation of cricket pitch and trees but wants more information.

More information to be supplied as it becomes available.

2 Expressed concern that there had been insufficient consultation on the oval project, and the Balingup Pool. Requested a public meeting.

See “Consultation” process. Author of submission has been advised that Council officers would attend a meeting if one is held.

2 3

Did not want CCA pine bollards used due to health concerns.

See options below.

The following options have been investigated concerning materials to be used for bollards. Cost per

bollard (ex GST)

Issue Comment

CCA pine $11.00 There are fears in the community that CCA treated pine is a health hazard for children. It is no longer recommended for use in playgrounds.

The Australian Pesticide and Veterinary Medicines Authority (AVPMA) have ruled that CCA pine is an “effective and safe option for use as bollards and car park barriers”. The AVPMA have also confirmed that arsenic occurs naturally in all soil and that our normal dietary intake of arsenic is 4.5 times more than expected exposure through contact with CCA treated times surfaces.

ACQ pine $17.50 ACQ treated pine is a new form of protection for wood.

A supplier of ACQ treated poles has advised that they “contain no Arsenic or Chrome which makes them suitable for playgrounds, parks, ovals and similar areas where children are in attendance.

Rubber $220.00 Rubber recycled. Plastic $57.80 Supplier confirms material used

is non-toxic.


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Council has the option of purchasing Qty 130 CCA treated pine bollards at a cost of $1430.00, or Qty 130 ACQ bollards costing $2275.00. Although there is no evidence that CCA treated bollards will present a health hazard, there is a perception in the community that a threat exists. To allay any fears, it is recommended that the ACQ bollards be purchased. Blackwood United Soccer Club has expressed strong concern at the proposal to install a cricket wicket at Balingup Oval. Their concerns are as follows:

• That they are not being afforded primary use of the ground. The cricket season will interfere with friendly pre/post season matches and summer carnivals.

• That they will not be able to provide adequate size soccer pitches (1 senior and 2 junior).

• That the pitches will not be ready (fully grassed) by March 2008.

• That they have inadequate storage space. Shire officers have corresponded with BUFC to address these concerns and the current status is as follows:

• It has always been the intention that Balingup Oval be a multi-purpose sports facility. In the original funding application to CSRFF, it was stated that “Balingup Oval is 160 x 100 mtrs in size and a good playing surface will encourage other sports such as Australian Rules and cricket to take advantage of the facility”. Although BUFC is considered to be a primary user, the needs of the wider sporting community need to be considered and it is therefore recommended that Council proceeds with the proposal to construct a cricket wicket at the Oval.

• Shire officers have offered to facilitate a meeting between BUFC and Donnybrook Cricket Club as soon as the junior cricket fixtures are available (Sept/Oct). At that time, Usage Agreements will be drawn up with both clubs.

• Subject to approval in budget, Works & Services currently plans to vertimow and top dress the oval as soon as BUFC have played their last match (mid October). A new “All-Seasons” cricket wicket will be installed in November but cricket matches will not commence until the grass is firmly established. The quality of the grass cover will, however, be subject to the availability of water and Council cannot therefore guarantee that the pitches will be fully grassed and ready for use by March 2008.

• Ground expansion (relocating the lighting tower and removing gravel road) will enable Council to provide three soccer pitches during the summer as follows:

o 100 mtrs x 64 mtr (minimum size for International senior match) o 50 x 30mtr (exceeds minimum Australian standard for U8/U9 matches) o 60 x 40 mtr (the minimum size for U10 is 60 x 45 mtrs and this could be

achieved if the U10 pitch includes the cricket wicket. This wicket has been selected because of the excellent reports it has generated by AFL and soccer clubs in the Eastern States.)

Shire officers will involve BUFC and Donnybrook Cricket Club in determining the best location for the cricket wicket.

• Council has offered to supply and transport a sea container for use as a storage facility by BUFC on the proviso that this be considered an interim measure and that they construct a permanent storage facility within 12 months. BUFC has declined this offer.

Consultation Shire officers have involved representatives of Blackwood United Football Club, Balingup & District Sports Association and Balingup Small Farm Field Day in the planning process. The


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plan was also shown to Balingup Progress Association prior to being placed at the Balingup Post Office and Balingup Library on 13 June 07. Closing date for submissions was 6th July 07. Policy/Statutory/Voting Implications None Financial Implications Funds for the installation of fence were allocated in FY 06/07 (Account R037). Funds for remainder of upgrade are being considered in 2007/08 budget. Strategic Implications Outcome 9; Community participation in recreation, leisure and cultural activities. Officer’s Recommended Resolution

That, subject to approval in 2007/08 budget, the improvements to Balingup Oval shown at Attachment 7.4.8 be implemented. That bollards be utilised for the perimeter fence around the Balingup Oval using ACQ pine. That Shire Officers continue with plans to install a cricket wicket at Balingup Oval and develop Usage Agreements with Blackwood United Soccer Club and Donnybrook Cricket Club in September/October 2008.

Motion

Moved: Cr Stewart Seconded: Cr Dilley

a) That, subject to approval in 2007/08 budget, the improvements to Balingup Oval shown at Attachment 7.4.8 be implemented.

b) That bollards be utilised for the perimeter fence around the Balingup

Oval using CCA pine. c) That Shire Officers continue with plans to install a cricket wicket at

Balingup Oval and develop Usage Agreements with Blackwood United Soccer Club and Donnybrook Cricket Club in September/October 2008.

Amendment

Moved: Cr Dilley Seconded: Cr Duncan That the motion be amended at point b) to ‘using ACQ Pine’.

Carried 4/2


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Council Decision The presiding person put the amended motion:

a) That, subject to approval in 2007/08 budget, the improvements to Balingup Oval shown at Attachment 7.4.8 be implemented.

b) That bollards be utilised for the perimeter fence around the Balingup

Oval using ACQ pine. c) That Shire Officers continue with plans to install a cricket wicket at

Balingup Oval and develop Usage Agreements with Blackwood United Soccer Club and Donnybrook Cricket Club in September/October 2008.

Carried 4/2

Confidential Item. Meeting to be closed to the public under Local Government Act1995 s5.23 (2)(b)(e). Council Decision (Officer’s Recommended Resolution)

Moved: Cr Duncan Seconded: Cr Stewart That the meeting be closed to the public to enable discussion of the

confidential item 7.4.9. Carried 6/0

6.07pm - All remaining members of the public and press left the meeting.

7.4.9 SUBJECT: DENTAL SURGERY

Location: 116 South Western Highway (lot 20), Donnybrook

Applicants: Administration Zone: Commercial File Ref: PRO 1/2; A378 Author: John Attwood– CEO (Geraldine Bowman) Report Date: 11 July 2007 Attachments: Nil Background At the request from the lessees of the Donnybrook Dental Surgery Council at the Ordinary Council meeting held 23rd May 2007 considered the following:

“Waive the base rent from the start of the new term (2005) through to 31st May 2008. To be deducted from the rent payable on the fixed loan component.”

and an inclusion to the Dental Surgery lease:


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“That In the event of the lessee being unable to attract suitable staff for the profitable operation of Donnybrook Dental Surgery or the lessee is unable to operate as a Dentist due to physical illness or disability, the lessor shall waive all rights to enforce the operation of the Dental Surgery.”

At this meeting Council resolved that due to the financial implications Council grant delegated authority to the Chief Executive Officer to negotiate with Dr Amani Ryan (lessee) with the view to any further rent concession applying from 1st June 2007. In respect to the request for inclusion of the provision within the Dental Surgery lease that the CEO seek a legal opinion prior to finalising any negotiations with the lessee. Comment The CEO has negotiated the following rent concessions with the lessee: June 2007 to June 2009 75% (2 years) June 2009 to June 2010 50% (1 year) June 2010 to June 2011 25% (1 year) June 2011 Full rent – annual increases Legal advice from Slee Anderson & Pidgeon in regards the inclusion to the Dental Surgery lease is as follows: 1. The dentists should not be able to terminate the lease because they cannot get dentists to

come to Donnybrook and should be obliged to pay the rent until the end of the lease term. That is a commercial risk for them.

2. The dentists are obliged to keep the dental surgery open and being operated as a dental

surgery except during periods when the dentists can prove (and they have the onus of proof) that they cannot get dentists to attend at the dental surgery.

3. If the dental surgery is not kept open and the dentists fail to prove that it is because they

cannot get dentists to come to Donnybrook then the Shire can terminate the lease for breach and the dentists will be liable for the normal consequences of a lease terminated for breach.

4. If there are long periods during which the dentists are unable to get dentists to service the

dental surgery and the Shire is satisfied that is the case then the Shire should have the right to terminate the lease for that reason which would not be termination for breach. In the even of termination by the Shire the dentists would have no ongoing obligations under the terminated lease simply because it has been terminated other than for default.

It is recommended that Slee Anderson & Pidgeon prepare a clause based on their advice to include in the lease agreement. Consultation Peter Ray – Slee Anderson & Pidgeon


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Policy/Statutory/Voting Implications Voting – Absolute Majority Financial Implications Concession will be provided in the Budget in ensuing years. Strategic Implications N/A Council Decision

Moved: Cr Stewart Seconded: Cr Crowley That the Council Meeting be re-opened to the public.

Carried 6/0 Council Decision (Officer’s Recommended Resolution)

Moved: Cr Duncan Seconded: Cr Crowley That Council agree to the following rent concessions: June 2007 to June 2009 75% (2 years) June 2009 to June 2010 50% (1 year) June 2010 to June 2011 25% (1 year) June 2011 No concession - Full rent – annual increases

Carried 6/0 Council Decision (Officer’s Recommended Resolution)


That Slee Anderson & Pidgeon draft a clause to be included in the lease based on their advice in correspondence dated 26 June 2007.

Carried 6/0


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8 CLOSURE OF MEETING

The Shire President advised that the date of the next Ordinary Council Meeting will be held on Wednesday, 22 August 2007, commencing at 4.00pm at the Shire of Donnybrook/Balingup – Council Chambers. Shire President declared the meeting closed at 6.16pm.

These Minutes were confirmed by the Council as a true and accurate record at the Ordinary Council Meeting held on ____________________

Shire President

Presiding Member

Minutes Ordinary Council Meeting...Jul 25, 2007 · Bedford Thomson Brook Rd $2,500 Elmsleigh...

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