Ordinary Council - Shire of Augusta-Margaret River · 2015-10-29 · I advise that an Ordinary...

Ordinary Council

MINUTES

FOR THE MEETING HELD WEDNESDAY, 28 OCTOBER 2015

IN COUNCIL CHAMBERS, WALLCLIFFE ROAD, MARGARET RIVER

COMMENCING AT 5:30PM

SHIRE OF AUGUSTA MARGARET RIVER ORDINARY COUNCIL MEETING 28 OCTOBER 2015

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Meeting Notice Dear Councillor I advise that an Ordinary Council Meeting of the Shire of Augusta Margaret River will be held in Council Chambers, Wallcliffe Road, Margaret River on Wednesday 28 October 2015, commencing at 5:30pm. Yours faithfully

GARY EVERSHED CHIEF EXECUTIVE OFFICER


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ATTENTION/DISCLAIMER

This agenda has yet to be dealt with by the Council. The Recommendations shown at the foot of each item have yet to be considered by the Council and are not to be interpreted as being the position of the Council. The minutes of the meeting held to discuss this agenda should be read to ascertain the decision of the Council. In certain circumstances members of the public are not entitled to inspect material, which in the opinion of the Chief Executive Officer is confidential, and relates to a meeting or a part of a meeting that is likely to be closed to members of the public. No responsibility whatsoever is implied or accepted by the Shire of Augusta-Margaret River for any act, omission, statement or intimation occurring during Council or Committee meetings. The Shire of Augusta-Margaret River disclaims any liability for any loss whatsoever and howsoever caused arising out of reliance by any person or legal entity on any such act, omission or statement of intimation occurring during Council or Committee meetings. Any person or legal entity who acts or fails to act in reliance upon any statement, act or omission made in a Council or Committee meeting does so at that person’s or legal entity’s own risk. In particular and without derogating in any way from the broad disclaimer above, in any discussion regarding any planning application or application for a licence, any statement or intimation of approval made by any member or Officer of the Shire of Augusta-Margaret River during the course of any meeting is not intended to be and is not taken as notice of approval from the Shire of Augusta-Margaret River. The Shire of Augusta-Margaret River advises that anyone who has any application lodged with the Shire of Augusta-Margaret River must obtain and should only rely on WRITTEN CONFIRMATION of the outcome of the application and any conditions attaching to the decision made by the Shire of Augusta-Margaret River in respect of the application. The Shire of Augusta-Margaret River advises that any plans or documents contained within this agenda may be subject to copyright law provisions (Copyright Act 1968, as amended) and that the express permission of the copyright owner(s) should be sought prior to their reproduction. It should be noted that Copyright owners are entitled to take legal action against any persons who infringe their copyright. A reproduction of material that is protected by copyright may represent a copyright infringement.


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TABLE OF CONTENTS

ITEM NO. SUBJECT PAGE NO.

1. DECLARATION OF OPENING .................................................................................................. 5

2. ATTENDANCE ........................................................................................................................... 5 2.1 APOLOGIES ............................................................................................................................... 5 2.2. APPROVED LEAVE OF ABSENCE ........................................................................................... 5

3. DISCLOSURES OF INTEREST ................................................................................................. 5

4. PUBLIC QUESTIONS ................................................................................................................ 5 4.1. RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE ................................ 6 4.2. PUBLIC QUESTION TIME ......................................................................................................... 6

5. APPLICATIONS FOR LEAVE OF ABSENCE ........................................................................... 6

6. CONFIRMATION OF MINUTES OF PREVIOUS MEETING ..................................................... 6 6.1 ORDINARY COUNCIL MEETING HELD 14 OCTOBER 2015 .................................................. 6 6.2 SPECIAL COUNCIL MEETING HELD 21 OCTOBER 2015 ...................................................... 6

7. DEPUTATIONS .......................................................................................................................... 6

8. PETITIONS ................................................................................................................................. 6

9. ANOUNCEMENTS FROM THE PRESIDING MEMBER ........................................................... 7

10. QUESTIONS OF WHICH DUE NOTICE HAS BEEN GIVEN .................................................... 7

11. REPORTS OF COMMITTEES AND EMPLOYEE REPORTS ................................................... 7

11.1. CHIEF EXECUTIVE OFFICER ................................................................................................... 8 11.1.1 APPOINTMENTS TO COUNCIL COMMITTEES ..................................................................... 10

11.2. SUSTAINABLE DEVELOPMENT ............................................................................................ 18 11.2.1 SERVICE STATION (INCLUDING CAR WASH) WITH ANCILLARY CONVENIENCE

STORE AND COMPONENT OF FOOD PREPARATION AND SALE ON LOT 427 BUSSELL HIGHWAY, MARGARET RIVER ............................................................................ 19

11.2.2 REVISION TO STRUCTURE PLAN - LOCATION 1032 REDGATE ROAD, WITCHCLIFFE - FOR APPROVAL – FOR FINAL APPROVAL .............................................. 37

11.3. INFRASTRUCTURE SERVICES ............................................................................................. 43 11.3.1 ADOPTION OF PROPOSED STREET NUMBERING LOCAL LAW ....................................... 44 11.3.2 UNBUDGETED EXPENDITURE AND GRANTS FOR ROADS TO RECOVERY ................... 48

11.4. CORPORATE AND COMMUNITY SERVICES ....................................................................... 51 11.4.1 SPORTS AND RECREATION ADVISORY COMMITTEE MEETING MINUTES 7

OCTOBER 2015 ...................................................................................................................... 52 11.4.2 LIST OF PAYMENTS FOR SEPTEMBER 2015 ...................................................................... 55 11.4.3 FINANCIAL ACTIVITY STATEMENT REPORT - SEPTEMBER 2015 .................................... 58 11.4.4 MINUTES OF AUDIT AND RISK MANAGEMENT COMMITTEE MEETING HELD

ON 14 OCTOBER 2015 ........................................................................................................... 67

12. MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN ........................................... 69

13. MOTIONS FOR CONSIDERATION AT NEXT MEETING ....................................................... 69

14. NEW BUSINESS OF AN URGENT NATURE ......................................................................... 69 14.1. MEMBERS ................................................................................................................................ 69 14.2. CEO .......................................................................................................................................... 69

15. CONFIDENTIAL BUSINESS .................................................................................................... 69

16. CLOSURE OF MEETING ......................................................................................................... 69


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Ordinary Council Meeting

1. DECLARATION OF OPENING

The Shire President welcomed all in attendance and declared the meeting open at 5.31pm.

2. ATTENDANCE

Shire President : Cr Ian Earl North Ward

Councillors : Cr Kylie Kennaugh North Ward Cr Peter Lane North Ward

Cr Felicity Haynes Town Ward Cr Pam Townshend Town Ward Cr Kim Hastie Leeuwin Ward Cr Mike Smart Leeuwin Ward

Acting Chief Executive : Mr Iliya Hastings Officer

Acting Director Corporate and Community Services : Mr Andrew Ross Manager Planning Services : Mr Nick Logan Manager Asset Services : Mr David Nicholson

Minute Secretary : Ms Claire Schiller MEMBERS OF THE PUBLIC 4

MEMBERS OF THE PRESS Augusta Margaret River Mail : Ms Gemma Leask

Augusta Margaret River Times : Mr Warren Hately

2.1 Apologies

Mr Gary Evershed, Chief Executive Officer Mr Johan Louw, Director Infrastructure Services Ms Annie Riordan, Director Corporate and Community Services

2.2. Approved Leave of Absence

Nil 3. DISCLOSURES OF INTEREST

Nil

4. PUBLIC QUESTIONS


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4.1. Response to Previous Public Questions Taken on Notice

Nil

4.2. Public Question Time

Nil

5. APPLICATIONS FOR LEAVE OF ABSENCE

Nil

6. CONFIRMATION OF MINUTES OF PREVIOUS MEETING

6.1 Ordinary Council Meeting held 14 October 2015

Councillors should note that in approving the minutes of this meeting the $ value of the tenders which were confidential at the meeting will be publicly disclosed in the minutes as follows:

MOTION / COUNCIL DECISION CR HASTIE, CR KENNAUGH OM2015/218 That Council confirms the minutes of the Ordinary Council Meeting held 14 October 2015, with the following amendment to Council Decision No OM2015/210. That Council 1. Awards RFT 02/16 Office Cleaning Services to OCE Corporate Cleaning for a period of

three years at the tendered price of $125,921 ex GST pa. 2. Awards RFT 03/16 Amenities Cleaning and Lock up Services to OCE Corporate Cleaning

for a period of three years at the tendered price of $223,278 ex GST pa. 3. Awards RFT 04/16 to Modern Window Cleaning for a period of three years at the tendered

price of $14,100 ex GST pa.

CARRIED 7/0

6.2 Special Council Meeting held on 21 October 2015

MOTION / COUNCIL DECISION CR SMART, CR LANE OM2015/219 That Council confirms the minutes of the Special Council Meeting held 21 October 2015 to be a true and correct record of the meeting.

CARRIED 7/0

7. DEPUTATIONS

Nil

8. PETITIONS

Nil


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9. ANOUNCEMENTS FROM THE PRESIDING MEMBER

Nil

10. QUESTIONS OF WHICH DUE NOTICE HAS BEEN GIVEN

Nil

11. REPORTS OF COMMITTEES AND EMPLOYEE REPORTS


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11.1. Chief Executive Officer


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11.1.1 APPOINTMENTS TO COUNCIL COMMITTEES LOCATION/ADDRESS Shire of Augusta Margaret River APPLICANT/LANDOWNER Shire of Augusta Margaret River FILE REFERENCE EMS/4, EMS/3, REC/36, LND/115, COR/278 REPORT AUTHOR Emma Rogers, Governance Officer AUTHORISING OFFICER Gary Evershed, Chief Executive Officer IN BRIEF • The term of office for members of Council’s established committees expired following the 17

October 2015 Local Government elections. • A call for nominations from community members, and representatives of sporting and recreational

clubs and organisations to the advisory committees occurred in the weeks before the election. • Nominations have been received for four advisory committees in accordance with their

Instruments of Appointment and Delegations. • All appointments to committees of Council must be by absolute majority, and in accordance with

s5.8 of the Local Government Act 1995. RECOMMENDATION That Council: 1. In accordance with s5.8 of the Local Government Act 1995 and s67 of the Bush Fires Act 1954,

appoints the nominated Fire Control Officers (FCO) or Captains as members of the Augusta Margaret River Bush Fire Advisory Committee for a period of two years, expiring with the 2017 local government elections.

2. In accordance with s5.8 of the Local Government Act 1995, appoints the nominated representatives of sporting and recreational groups as members of the Augusta Margaret River Sport and Recreation Advisory Committee for a period of two years, expiring with the 2017 local government elections.

3. In accordance with s5.8 of the Local Government Act 1995, appoints the nominated

representatives as members of the Augusta Margaret River Local Emergency Management Committee for a period of two years, expiring with the 2017 local government elections.

4. In accordance with s5.8 of the Local Government Act 1995, appoints the nominated

representatives as members of the Augusta Margaret River Sustainability Advisory Committee for a period of two years, expiring with the 2017 local government elections.

5. Adopts the revised Instrument of Appointment and Delegation contained in the attachments for the Augusta Margaret River Sport and Recreation Advisory Committee.

LOCATION PLAN Nil TABLED ITEMS Nil BACKGROUND A review of all membership to advisory committees of Council in accordance with the committee’s instrument and delegation occurs following the local government elections which are held every two years. The local government elections were held 17 October 2015 and a call for nominations from community members, and representatives of community groups and organisations to the advisory committees occurred in the weeks before the election.


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Prior to the elections, the Shire advised members of the Sport and Recreation Advisory Committee (SRAC) that their term of office would expire following the elections, and encouraged the current Sport and Recreation Clubs to re-nominate representatives for the committee. Similarly, members of the Sustainability Advisory Committee (SAC) were advised that their term of office would expire following elections, and were encouraged to re-nominate and continue volunteering on the committee. A call for nominations of representatives of sport and recreation clubs for SRAC and community members for SAC was advertised in the Augusta Margaret River Times on the 2 October. Members of the Local Emergency Management Committee (LEMC) were advised that their terms of office would expire following the elections and each of the organisations, as set out in the LEMC Instrument of Appointment and Delegation were requested to re-confirm their organisation’s delegates and proxy delegates for the committee. Each of the Bush Fire Brigades within the Shire were also contacted and asked to confirm their Brigade’s Delegates and Proxies for the Bush Fire Advisory Committee (BFAC). Council, by absolute majority, is asked to confirm those nominated as members to each of the committees. CONSULTATION AND ADVICE External Consultation Bushfire brigades, emergency services, local sporting and recreation associations and community representatives. Internal Consultation Nil DISCUSSION / OFFICER COMMENTS Council reviewed the advisory committees in September 2015 and four committees of Council were retained. The following membership structure applies to each individual committee and the appointments outlined in the recommendation meet the requirements of each the adopted Instruments of Appointment and Delegation, with the exception of the SRAC, where a minor amendment is recommended. Bush Fire Advisory Committee (BFAC) Membership of the Committee shall be: a) The President of the Shire of Augusta Margaret River, if desirous of participating; b) The Chief Bush Fire Control Officer; c) The Deputy Chief Bush Fire Control Officer; d) One Bush Fire Control Officer (appointed by the Shire in accordance with the Bush Fires Act

1954) from each Brigade; and e) One Councillor nominated by the Council. As stated in the BFAC Instrument of Appointment and Delegation, the Chief Bush Fire Control Officer (CBFCO) is to be elected the Presiding Member and the Deputy Bush Fire Control Officer (DBFCO) be elected as the Deputy Presiding Member at the meeting held during the month of August, in order to ensure that any new incoming CBFCO is able to become familiar with the role prior to the fire season. In accordance with the Instrument of Appointment and Delegation, the CBFCO and DBFCO resigned from their positions of Presiding Member and Deputy at the meeting held 19 August 2015 and the election of the Presiding Member and Deputy took place. The election of the Presiding Member and the Deputy is required to be repeated at the first meeting after the local government election to satisfy the requirements of the Local Government Act. Augusta Margaret River Sport and Recreation Advisory Committee (SRAC) In the current AMR SRAC Instrument of Appointment and Delegation, the membership of the Committee consists of: a) The President of the Shire of Augusta-Margaret River, if desirous of participating; b) Two Councillors of the Augusta Margaret River Shire Council; and


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c) Up to 24 representatives of sport and recreation clubs operating within and comprising members based in the Shire of Augusta Margaret River.

Authorised representatives of sport and recreation clubs who are not appointed to the Committee may attend meetings and participate at the discretion of the Presiding Member. Following advertisement, the Shire received a total of 25 nominations of representatives from sport and recreation clubs. It is therefore recommended that the AMR SRAC Instrument of Appointment and Delegation be amended to allow up to 25 representatives of sport and recreation clubs operating within and comprising members based in the Shire. A revised Instrument of Appointment and Delegation is included in the attachments. Local Emergency Management Committee (LEMC) Membership of the Committee shall be: a) The President of the Shire of Augusta Margaret River, or Deputy Shire President if the Shire

President decides not to take up the position; b) The Officer in Charge of the Margaret River Police District or delegate(s); c) The Officer in Charge of the Augusta Police District or delegate(s); d) The Officer in Charge of the Fire and Rescue Service in Augusta & Margaret River or their

delegates; e) The Shire’s Chief Bush Fire Control Officer; f) The SES Unit Manager or delegate; g) The Officers in Charge of the St John Ambulance Districts of Augusta & Margaret River or

delegate; h) The Officers in Charge of the Shire’s Marine Rescue Services for both Augusta & Margaret River

or their delegates; i) A health representative from the Margaret River Hospital; j) An officer from the Department for Child Protection & Family Support; k) A representative from the Department of Parks & Wildlife; l) A representative for the Department of Fire and Emergency Services; and m) Representatives from other agencies as required.

Sustainability Advisory Committee (SAC) Membership of the Committee shall be: a) The President of the Shire of Augusta Margaret River, if desirous of participating; b) Up to three Councillors of the Shire of Augusta Margaret River. c) Up to eleven community members with interest and expertise in environmental matters, appointed

by the Council The Shire received a total of 8 nominations for community representatives. Audit and Risk Management Committee (ARMC) Membership of the Audit and Risk Management Committee (ARMC) consists of all seven Councillors. STATUTORY ENVIRONMENT / LEGAL IMPLICATIONS All Council Committee meetings are bound by the same Standing Orders as Special and Ordinary Meetings of Council. Councils are mandated to establish a Local Emergency Management Committee (LEMC) in accordance with the section 38 of the Emergency Management Act 2005 and the State Emergency Management Committee guidelines (Policy 2.5) A Bush Fire Advisory Committee (BFAC) may be appointed by a local government under s67 (Advisory Committees) of the Bush Fires Act 1954.


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Part 5 Division 2 Local Government Act 1995 – Committees and their meetings STRATEGIC PLAN / POLICY IMPLICATIONS Community Strategic Plan 2033 (CSP) Corporate Business Plan 2015-2019 Goal 5: Effective leadership and governance Community Outcome 5.1: Effective governance and corporate leadership Strategic Response 5.1.1: Attract and develop high quality Councillors that are able to lead and articulate the community’s aspirations Service level strategy/plan 5.1.1.7: Conduct election of Shire President and Deputy Shire President and appointment of Councillors to committees Strategic Response 5.1.5: Develop effective partnerships and strategic alliances to maximise community benefits. Service level strategy/plan 5.1.5.8: Hold regular meetings with the Sport and Recreation Advisory Committee (SRAC) Strategic Response 5.2.5: Ensure the Shire’s financial performance is well managed and leads to a strong financial position. 5.2.5.1: Convene tri annual meetings of the Audit and Risk Management Committee. PLANNING FRAMEWORK Nil FINANCIAL IMPLICATIONS The main costs associated with running committees are staff time and wages involving mostly out of hours work. Other costs include catering in the form of food and beverage. Council needs to be strategic about the use of resources involving staff time to gain the best advantage for the community. SUSTAINABILITY IMPLICATIONS Committees should use a triple bottom line assessment process whereby an integrated approach to meeting the needs of current and future generations is utilised. VOTING REQUIREMENTS Absolute Majority RECOMMENDATION That Council: 1. In accordance with s5.8 of the Local Government Act 1995 and s67 of the Bush Fires Act 1954,

appoints the following Fire Control Officers (FCO) or Captains as members of the Augusta Margaret River Bush Fire Advisory Committee for a period of two years, expiring with the 2017 local government elections:

i. Molloy Island Volunteer BFB: John Matten – Delegate Kevin Nash – Proxy

ii. Alexandra Bridge Volunteer BFB:

Ray Gilchrist - Delegate Tony Mostert – Proxy

iii. East Augusta BFB: Peter Brindley - Delegate Greg Chilcott - Proxy

iv. Cowaramup BFB: Andy McFarelane – Delegate William Pascoe - Proxy

v. Karridale BFB: Simon Hanson – Delegate Peter Warrilow - Proxy

vi. Rosa Brook BFB: Keith Scott – Delegate Andrew Newnham – Proxy

vii. Gracetown BFB: Peter Delfs - Delegate John Taylor - Proxy

viii. Wallcliffe BFB: Bob Baker – Delegate


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Dave Kelly – Proxy ix. Witchcliffe BFB: Diane Holland - Delegate

Richard Nash – Proxy x. Kudardup BFB: Martin Dekkers – Delegate

Scott Hamilton – Proxy

2. In accordance with s5.8 of the Local Government Act 1995, appoints the following representatives

of sporting and recreational groups as members of the Augusta Margaret River Sport and Recreation Advisory Committee for a period of two years, expiring with the 2017 local government elections:

i. Augusta Margaret River Football Club: Gary Yates – Delegate

Jack Shepheard - Proxy ii. Margaret River and Districts Agricultural

Society: Brian Warbey – Delegate Ray Arthur - Proxy

iii. Margaret River Junior Football Club: Jeff Bevan - Proxy iv. Margaret River Bowling Club: Leith Bussell - Delegate

Graham Sargeant - Proxy v. Margaret River Recreational Surfers: Jim Ross – Delegate

Robert Pett - Proxy vi. Arts Margaret River: Phil Bebb – Delegate

Stephanie Kreutzer - Proxy vii. Football Margaret River: Neil Mattinson - Delegate viii. Margaret River Netball Association: Linda Kendell – Delegate

Kara Beecham - Proxy ix. Margaret River Underwater Hockey: Chris Wenman - Delegate x. Hawks Cricket Club: Michael Earl – Delegate

Glenn Anderson - Proxy xi. Margaret River & Districts Horseman’s

Association & Pony Club Inc.: Penny Lee - Delegate

xii. Margaret River Little Athletics Club: Jeanette Smith – Delegate Matt Jarvis - Proxy

xiii. Margaret River Basketball Association: Brad Mitchell – Delegate Brad Innes - Proxy

xiv. Margaret River Roller Derby: Danielle Parish - Delegate xv. Margaret River Hockey Club Inc.: Tim Jones - Delegate

Luke Altman - Proxy xvi. Margaret River Senior High School: Martin Keen – Delegate

Shane Joyce - Proxy xvii. Margaret River Karate: Paul Creaney - Delegate

Martin Keen - Proxy xviii. Margaret River Gropers Rugby Club: Mark Heyink – Delegate

Mark Sheath - Proxy xix. Margaret River Tennis Club: Colin Clark - Delegate

Nick Dornan - Proxy xx. Augusta Golf Club: Nick Dornan - Delegate xxi. Margaret River Junior Cricket Club: David McInerney - Delegate

Miles Mottershead - Proxy xxii. Margaret River Primary School: Gary Gibbon - Delegate xxiii. Cowaramup Tennis Club: Julia Meldrum – Delegate

Anita Revel - Proxy xxiv. Margaret River BMX Club Caroline Hughes - Delegate xxv. Cowaramup BMX Club Julia Meldrum - Delegate


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3. In accordance with s5.8 of the Local Government Act 1995, appoints the following representatives as members of the Augusta Margaret River Local Emergency Management Committee for a period of two years, expiring with the 2017 local government elections:

i. Margaret River St John Ambulance:

Garry Fairman - Delegate Dane Hendry - Proxy

ii. State Emergency Services (SES) Local Manager:

Lewis Hawkins - Delegate Deb Reuben - Proxy

iii. AMR Bush Fire Brigades: David Holland - Delegate Brett Trunful - Proxy

iv. Augusta St John Ambulance: Brendan Jordan – Delegate Maurie Innwood - Proxy

v. Department for Child Protection (Busselton):

Martin Dearlove - Delegate Liz Whyte - Proxy

vi. Department for Child Protection (Bunbury/Collie/Busselton):

Roma Boucher - Delegate

vii. Margaret River Police: Brett Cassidy – Delegate Albe Reinecke - Proxy

viii. Augusta Police Station: Rik Lok - Delegate Brett Dillon - Proxy

ix. Augusta Volunteer Fire and Rescue Service:

David Dickie – Delegate Alex Bernhagen - Proxy

x. Margaret Volunteer River Fire and Rescue Service:

Jeff Bushby - Delegate

xi. Augusta Volunteer Marine Rescue Service:

Paul Higginson – Delegate Tim Miller - Proxy

xii. Margaret River Volunteer Marine Rescue Service:

David Kelly – Delegate Mark Ivers - Proxy

xiii. Department of Parks & Wildlife: Jeremy Friend - Delegate John Carter - Proxy

xiv. Local Emergency Coordinator: Brett Cassidy - Delegate xv. Water Corporation: Gary Yates – Delegate

Josh Jackson - Proxy xvi. MR Hospital / Department of Health: Mary Allen - Delegate

Alison Abbey - Proxy xvii. Department of Fire and Emergency

Services: Danny Mosconi - Delegate Andy Thomson - Proxy

4. In accordance with s5.8 of the Local Government Act 1995, appoints the following representatives

as members of the Augusta Margaret River Sustainability Advisory Committee for a period of two years, expiring with the 2017 local government elections:

i. Don Bradshaw ii. Karen Majer iii. Julian Kruger iv. John Lawson v. Laura Bailey vi. Nick Dornan vii. Naomi Godden viii. Tom Dowling

5. Adopts the revised Instrument of Appointment and Delegation contained in the attachments for

the Augusta Margaret River Sport and Recreation Advisory Committee. ADVICE TO APPLICANT / PROPONENT Nil


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ATTACHMENTS 1. Revised Instrument of Appointment and Delegation for Augusta Margaret River Sport and

Recreation Advisory Committee. Please note that on 26 October 2015, after publication of the agenda, one additional proxy nomination for representation of the Department of Child Protection (Bunbury/Collie/Busselton) on the Local Emergency Management Committee, was received. This proxy has been added to recommendation 3. vi, as highlighted in red. RECOMMENDATION / COUNCIL DECISION CR KENNAUGH, CR SMART OM2015/220 That Council: 1. In accordance with s5.8 of the Local Government Act 1995 and s67 of the Bush Fires Act

1954, appoints the following Fire Control Officers (FCO) or Captains as members of the Augusta Margaret River Bush Fire Advisory Committee for a period of two years, expiring with the 2017 local government elections:

i. Molloy Island Volunteer BFB: John Matten – Delegate Kevin Nash – Proxy

ii. Alexandra Bridge Volunteer BFB:

Ray Gilchrist - Delegate Tony Mostert – Proxy

iii. East Augusta BFB: Peter Brindley - Delegate Greg Chilcott - Proxy

iv. Cowaramup BFB: Andy McFarelane – Delegate William Pascoe - Proxy

v. Karridale BFB: Simon Hanson – Delegate Peter Warrilow - Proxy

vi. Rosa Brook BFB: Keith Scott – Delegate Andrew Newnham – Proxy

vii. Gracetown BFB: Peter Delfs - Delegate John Taylor - Proxy

viii. Wallcliffe BFB: Bob Baker – Delegate Dave Kelly – Proxy

ix. Witchcliffe BFB: Diane Holland - Delegate Richard Nash – Proxy

x. Kudardup BFB: Martin Dekkers – Delegate Scott Hamilton – Proxy

2. In accordance with s5.8 of the Local Government Act 1995, appoints the following representatives of sporting and recreational groups as members of the Augusta Margaret River Sport and Recreation Advisory Committee for a period of two years, expiring with the 2017 local government elections:

i. Augusta Margaret River Football Club: Gary Yates – Delegate

Jack Shepheard - Proxy ii. Margaret River and Districts

Agricultural Society: Brian Warbey – Delegate Ray Arthur - Proxy

iii. Margaret River Junior Football Club: Jeff Bevan - Proxy iv. Margaret River Bowling Club: Leith Bussell - Delegate

Graham Sargeant - Proxy v. Margaret River Recreational Surfers: Jim Ross – Delegate

Robert Pett - Proxy vi. Arts Margaret River: Phil Bebb – Delegate


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Stephanie Kreutzer - Proxy vii. Football Margaret River: Neil Mattinson - Delegate viii. Margaret River Netball Association: Linda Kendell – Delegate

Kara Beecham - Proxy ix. Margaret River Underwater Hockey: Chris Wenman - Delegate x. Hawks Cricket Club: Michael Earl – Delegate

Glenn Anderson - Proxy xi. Margaret River & Districts Horseman’s

Association & Pony Club Inc.: Penny Lee - Delegate

xii. Margaret River Little Athletics Club: Jeanette Smith – Delegate Matt Jarvis - Proxy

xiii. Margaret River Basketball Association:

Brad Mitchell – Delegate Brad Innes - Proxy

xiv. Margaret River Roller Derby: Danielle Parish - Delegate xv. Margaret River Hockey Club Inc.: Tim Jones - Delegate

Luke Altman - Proxy xvi. Margaret River Senior High School: Martin Keen – Delegate

Shane Joyce - Proxy xvii. Margaret River Karate: Paul Creaney - Delegate

Martin Keen - Proxy xviii. Margaret River Gropers Rugby Club: Mark Heyink – Delegate

Mark Sheath - Proxy xix. Margaret River Tennis Club: Colin Clark - Delegate

Nick Dornan - Proxy xx. Augusta Golf Club: Nick Dornan - Delegate xxi. Margaret River Junior Cricket Club: David McInerney - Delegate

Miles Mottershead - Proxy xxii. Margaret River Primary School: Gary Gibbon - Delegate xxiii. Cowaramup Tennis Club: Julia Meldrum – Delegate

Anita Revel - Proxy xxiv. Margaret River BMX Club Caroline Hughes - Delegate xxv. Cowaramup BMX Club Julia Meldrum - Delegate

3. In accordance with s5.8 of the Local Government Act 1995, appoints the following

representatives as members of the Augusta Margaret River Local Emergency Management Committee for a period of two years, expiring with the 2017 local government elections:

i. Margaret River St John Ambulance:

Garry Fairman - Delegate Dane Hendry - Proxy

ii. State Emergency Services (SES) Local Manager:

Lewis Hawkins - Delegate Deb Reuben - Proxy

iii. AMR Bush Fire Brigades: David Holland - Delegate Brett Trunful - Proxy

iv. Augusta St John Ambulance: Brendan Jordan – Delegate Maurie Innwood - Proxy

v. Department for Child Protection (Busselton):

Martin Dearlove - Delegate Liz Whyte - Proxy

vi. Department for Child Protection (Bunbury/Collie/Busselton):

Roma Boucher – Delegate Marian Hutton - Proxy

vii. Margaret River Police: Brett Cassidy – Delegate Albe Reinecke - Proxy

viii. Augusta Police Station: Rik Lok - Delegate Brett Dillon - Proxy

ix. Augusta Volunteer Fire and Rescue Service:

David Dickie – Delegate Alex Bernhagen - Proxy

x. Margaret Volunteer River Fire and Rescue Service:

Jeff Bushby - Delegate


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xi. Augusta Volunteer Marine Rescue Service:

Paul Higginson – Delegate Tim Miller - Proxy

xii. Margaret River Volunteer Marine Rescue Service:

David Kelly – Delegate Mark Ivers - Proxy

xiii. Department of Parks & Wildlife: Jeremy Friend - Delegate John Carter - Proxy

xiv. Local Emergency Coordinator:

Brett Cassidy - Delegate

xv. Water Corporation: Gary Yates – Delegate Josh Jackson - Proxy

xvi. MR Hospital / Department of Health: Mary Allen - Delegate Alison Abbey - Proxy

xvii. Department of Fire and Emergency Services:

Danny Mosconi - Delegate Andy Thomson - Proxy

4. In accordance with s5.8 of the Local Government Act 1995, appoints the following

representatives as members of the Augusta Margaret River Sustainability Advisory Committee for a period of two years, expiring with the 2017 local government elections:

i. Don Bradshaw ii. Karen Majer

iii. Julian Kruger iv. John Lawson v. Laura Bailey

vi. Nick Dornan vii. Naomi Godden viii. Tom Dowling 5. Adopts the revised Instrument of Appointment and Delegation contained in the

attachments for the Augusta Margaret River Sport and Recreation Advisory Committee.

CARRIED BY ABSOLUTE MAJORITY 7/0


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11.2.

Sustainable Development


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11.2.1 SERVICE STATION (INCLUDING CAR WASH) WITH ANCILLARY CONVENIENCE STORE AND COMPONENT OF FOOD PREPARATION AND SALE ON LOT 427 BUSSELL HIGHWAY, MARGARET RIVER LOCATION/ADDRESS Lot 427 Bussell Highway, Margaret River APPLICANT/LANDOWNER RPS Australia East Pty Ltd/MR05 PTY Ltd FILE REFERENCE PTY/11768; P214684 REPORT AUTHOR Johan Pienaar, Statutory Planning Coordinator AUTHORISING OFFICER Iliya Hastings, Director Sustainable Development IN BRIEF • The subject land is approximately 1700m2 in size and is located on the corner of Bussell Highway

and John Archibald Drive, which is a prominent intersection controlled by the Boodjidup Road roundabout.

• The subject land is zoned ‘Residential’, and has an additional use designation, which allows it to also be used for service station purposes, subject to the preparation of a Structure Plan.

• The approved Structure Plan designates approximately half the site for service station purposes, and the remaining portion for residential purposes at a density of R30/R40. The Structure Plan was adopted by Council on 28 May 2014 and includes conditions requiring certain design elements and amenity impact concerns to be addressed at the development stage.

• The development application was advertised and has received a number of opposing submissions, particularly from adjoining residents. A wide range of concerns were raised relating to amenity impacts including noise, odour, operating hours, excessive signage and lighting. A number of submissions questioned the appropriateness of a Service Station in a location so close to existing and future residential development.

• An amended proposal and updated supporting documentation was submitted in response to the issues raised by the public and Shire officers.

• It is considered that the applicant has adequately addressed the issues that were raised. The revised operating hours proposed by the proponent are still however considered to be excessive from an amenity impact point of view. It is recommended that the operating hours be restricted to the hours people would reasonably be awake, which is between 6am and 10pm.

• This development application is generally consistent with the Structure Plan and the requirements of Local Planning Scheme No.1 (LPS1).

RECOMMENDATION That Council, in accordance with regulation 68 (2) of the Planning and Development (Local Planning Schemes) Regulations 2015 approves the proposed Service Station on Lot 427 Bussell Highway, Margaret River subject to conditions. LOCATION The subject site is located on the corner of Bussell Highway and John Archibald Drive, at the southern entrance to the Margaret River town centre (see Figure 1).


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Figure 1: Location Plan TABLED ITEMS

1. Visual Impact Assessment 2. Servicing and Access Report 3. Traffic Impact Assessment Statement 4. Preliminary Stormwater Management Assessment 5. Main Roads WA road design 6. Draft Landscape Master Plan

THE PROPOSAL Approval is sought for the development of a Service Station (including a car wash) and supporting convenience store, which includes an ancillary component of food preparation and sale. The original development proposal as advertised to the public comprises:

− The service station proposed to be a 24hour, 7 day a week operation. − Access and exit points restricted to Bussell Highway. − A 10m high illuminated freestanding sign in the north-western corner of the site. − The ancillary food component will be operated and managed under the Better Choice brand. − Fuel stored in underground tanks. − Security and safety lighting on 12, 6m high light poles along the perimeter of the site. − A 2m high acoustic wall along the northern and eastern boundaries of the site as per the

recommendations of the Environmental Noise assessment report. − Landscaping along the boundaries of the site and in particular the northern and eastern

boundaries to establish a vegetated buffer and screen. The development proposal was amended in response to the issues raised during advertising. The amended development proposal comprises:

− Operating hours between 5am and midnight. − Access remains on Bussell Highway as per Main Roads WA requirements. The access

(turning lanes) is designed to minimise impacts on existing trees in the Bussell Highway verge.

− A freestanding sign reduced in height to 6.8m and repositioned away from the adjoining residents (north-west corner of the site) to immediately north of the southern exit point.

− The ancillary food preparation and sale component will be operated and managed under the Better Choice brand.

− Fuel (including LPG) will be stored in underground tanks.


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− The number, height and location of the light poles will remain the same, i.e. 12 light poles at a height of 6m. The high level perimeter lighting will be switched off after hours. For security and safety reasons low illuminated lighting will be confined to bollards at the entry and exit points and the manoeuvring areas on the site, signage on the building and fuel canopies, internal store security lights and car wash area.

− A revised Environmental Noise Assessment report recommends that the acoustic wall be constructed at a height of 2m above the ground level of the adjoining dwellings. Since the dwellings are nominally constructed 1m above the bottom of the existing boundary fence or retaining walls the wall height will be closer to 3m.

− Landscaping is required to ensure an appropriate and sufficient buffer/screen along the northern and eastern boundaries and to screen the proposed carwash, vacuum bays and dog wash area when view from the south and west. This will require detailed consideration of a Landscape Management Plan as a condition of approval.

− The proposed building materials and colours were reviewed and the following amendments are proposed:

• Local Stone cladding to all canopy columns. • Feature colorbond wall panels to the shop (convenience store). • Feature recycled timber colonnade pergola to the shop walkway.

These features are evident in the site plan and elevations appended as Attachment 1.

BACKGROUND The subject land has been identified for residential, commercial and POS purposes since 2005, when it was designated as ‘convenience store’ by the East Margaret River Structure Plan (EMRSP) - see Figure 2. The accompanying ‘East Margaret River Structure Plan – Commercial Centres Strategy 2005’ explains the purpose of this designation as a “‘one stop shop’ concept combination of a petrol station, local store, newsagent and café, catering predominantly to the passing trade sector, but equally able to satisfy a walkable catchment similar to that provided by a local centre. It differs from the local centre primarily based on it being car based with an emphasis on high exposure and access to passing trade”

Figure 2: Exerpt from East Margaret River Structure Plan Notwithstanding the future landuse intentions as set out in the EMRSP the land had a ‘Residenital’ zoning under the previous Town Planning Scheme No. 17. PLANNING FRAMEWORK The subject land is zoned ‘Residential’ with an additional use designation (‘A34’). Schedule 12 of the Scheme outlines the purpose of the additional use designation as follows:


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No. DESCRIPTION OF LAND

ADDITIONAL USE CONDITIONS

A34 Portion of Lot 415, John Archibald Drive, Margaret River

Commercial development comprising principally Retail and Service Station functions and residential development up to a density of R30/40.

1. The proposed commercial development shall not exceed 200m2. 2. A Development Guide Plan shall be prepared showing the proposed development, the means of access thereto and the form of landscaping and screening to be undertaken along the frontage to Bussell Highway.

A Development Guide Plan (Structure Plan) was prepared and approved in 2014 and is appended as Attachment 2. The Structure Plan set a framework for future subdivision and development consisting of the following components: • A service station site inclusive of truck refuelling area, carwash and complementary retail

component (no more than 200m2); • Surrounding landscape and acoustic buffers, of a width and consistency to mitigate against

potential nuisance, to be based upon future modelling; • A storm water detention basin; and • The eastern portion of the Structure Plan area designated for residential development at a

maximum density of R40. The Structure Plan sets a broad framework for future development. The Structure Plan incorporates conditions requiring the preparation of a number of management plans, including acoustic modelling, to ensure that any impact on the amenity of surrounding residences is minimised. The detail of how amenity issues are to be addressed is to be determined through the current development application. CONSULTATION The development proposal was advertised and 39 public submissions were received. Three (3) submissions are in support of the proposed development while the remaining 36 submissions either object entirely to the proposed development or to certain aspects of the proposal. The following concerns/issues were raised during advertising: • A service station should be more suitably located – not so close to residential development. • The provision of a truck stop is contrary to the purpose of the Perimeter Road – to divert heavy

vehicle traffic away from the town site. • A 24 hour operation will have a detrimental impact on the residential amenity of the locality –

there is already a 24 hour facility in the industrial area. • Potentially unruly behaviour associated with a 24 hour facility will have a detrimental impact on

the residential amenity of the locality. • Amenity impacts due to odours, noise, fumes etc. • Safety concerns (potential explosion). • The proposed sign is excessive and not consistent with the character of Margaret River. Is too

close to adjoining residences, and being illuminated will cause amenity impacts - visually and due to light pollution.

• Security lighting on 6m high poles is excessive and will cause amenity impacts on adjoining residential development due to light overspill and general light pollution.

• Concerns that the 2m high acoustic wall is not sufficient to mitigate noise as there are two storey houses and lots that are substantially retained above NGL.

• The development will cause detrimental visual impact, especially when viewed from 2nd storeys of adjoining dwellings.

• The design directs internal traffic, including trucks, along the perimeter of the site and close past adjoining residential development.

• The development should be shifted to the south-western corner of the site to achieve a maximum separation distance with adjoining residential development (wider buffer between the adjoining residential development incorporating more suitable noise attenuation measures).


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• The development will result in the removal of trees in the Bussell Highway reserve to provide a turning lane for trucks. Removal of trees on the road reserve beyond the site frontage should not be allowed to facilitate truck access.

• Pedestrian safety was raised as a concern. • Traffic congestion was raised as a concern. • Bin/garbage storage should be situated as far away from dwelling as possible due to odour

concerns. • The building and other aspects of the proposed development such as the 10m high sign, security

lighting on 6m high poles and 24h facility is not considered to be sensitive to the Margaret River appeal.

The Water Corporation confirmed that the site is able to be connected to reticulated water and sewer. The proponent is required to prepare a water efficiency plan, which must be included in the building licence application documentation. Main Roads WA has worked closely with the proponent in designing the access to the site to meet the minimum standards and keeping the impact on the existing trees in the Bussell Highway road reserve to the minimum. A detailed response to all submissions can be found at Attachment 3, which are discussed in more detail in the following section. DISCUSSION / OFFICER COMMENTS The provision for a service station in this location was recognised during the preparation of the East Margaret River Structure Plan in 2005. Its location appears to have been chosen due the confluence of the major east/west (Boodjidup Rd-John Archibald Drive) and north south (Bussell Hwy) roads which occurs on the boundary of the subject land. There are no other sites in the Margaret River locality which are zoned specifically for a service station; however the use can be considered in the commercial and industry zones. Notwithstanding the positive attributes of the site from a broader strategic perspective, it is recognised in the approved Structure Plan that the site’s proximity to existing and future residential development requires careful consideration to address potential amenity impacts. Key issues and submissions raised during advertising are discussed in more detail below. Truck stop contrary to the purpose of the Perimeter Road Truck refuelling facilities is an integral part of service stations. The Perimeter Road will significantly reduce the amount of heavy vehicles in the Town Centre. It is likely that some form of prohibition on certain sizes of heavy vehicles will be introduced for the Town Centre, which will significantly reduce longer heavy vehicles in town and eliminate all but local heavy vehicle from the north. Heavy vehicles will however continue to require access to the industrial area via John Archibald Drive and will likely have access to the service station heading north from the John Archibald Drive/Bussell Highway/Boodjidup Road junction. Bussell Highway is designed to accommodate heavy vehicle traffic and the entry and exist points of the site has been designed, in consultation with Main Roads WA, to meet the appropriate standards and requirements. A decision on the appropriateness of providing truck refuelling facilities should be based on whether any impacts can be satisfactorily ameliorated through appropriate management and noise attenuation measures. The Environmental Noise Assessment report estimates, based on sales data from an existing Better Choice Service Station, that the subject site would service approximately 500 vehicles per day. Of these vehicles 35 are assumed to be heavy vehicles at the diesel refuelling canopy. These numbers were used in the Environmental Noise Assessment report to assess the potential noise impacts, which is discussed in more detail below. It is probable that this is a conservative estimation, given the restrictions on heavy vehicles in the Town Centre, Operating hours In response to the significant concerns raised during advertising relating to a proposed 24 hour operation, the proponent is proposing to reduce the operating hours to between 5am and 12 midnight, 7 days a week. The operating hours are proposed to provide increased consumer choice and convenience as it is argued by the proponent that “…a retail facility that remains open later into the


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evening is not currently offered anywhere in Margaret River and will provide flexibility (weeknights and weekends) for when and where consumers wish to shop.” Noise impacts that are perceived to be acceptable during reasonable operating hours will be exacerbated when occurring late at night. Restrictions on operating hours are often used to address/mitigate amenity impacts. Although some mitigating measures such as an acoustic wall and building design are proposed to address the exceedance of noise levels, it is recommended that the operating hours be further reduced. As a precautionary approach it is recommended that the operating hours be restricted to the hours a household would be considered to be awake, which can reasonable be argued to be between 6am and 10pm. In Table 2.3 of the Environmental Noise Assessment report, which is appended as Attachment 4, there are different “assigned noise levels” for different times of the day. The times are between 7am -7pm, 7pm - 10pm and 10pm – 7am. It is important to note that the assigned levels are the lowest between 10pm and 7am, which clearly demonstrates that the potential for noise impacts is the greatest between those late night and early morning hours when noise issues are most likely to occur. It is therefore recommended that the operating hours be restricted to between 6am and 10pm. Limiting the operating hours as recommended will also address the concern that was raised during advertising in relation to unruly behaviour connected to a 24 hour operation. Safety and Potential Health and Environmental Impacts A number of submissions raised concerns on the potential impacts of vapours and pollutants on human health, given the proximity to existing residential development. The safety concerns were in relation to potential explosions and impacts on human health. Literature discussing the potential health impacts associated with service stations, such as that produced by the World Health Organisation, is most commonly focused on exposure to benzene, which is a volatile organic compound found in petrol. The move from leaded to unleaded fuel has significantly reduced the amount of benzene in fuel. The proponent has provided the following statement highlighting the requirements the developer is required to meet under the relevant legislation and Australian Standards to ensure to ensure a safe environment: “Stringent criteria apply to the storage and transport of dangerous goods on service station sites to ensure these activities are of minimal risk to the community. Under the provisions of the Dangerous Goods Safety Act 2004, the approved codes of practice that apply to petrol stations are Australian Standards AS 1940:2004 The storage and handling of flammable and combustible liquids and AS/NZS 1596 The storage and handling of LP Gas. Compliance with these codes is an accepted means of minimising the risk from fuel and other dangerous goods on site. During the detailed design and licensing phase to follow, the proposed petrol station will be assessed for compliance against the requirements of the relevant Australian Standards.” It should be noted that the underground fuel tanks ventilations pipes is proposed next to the main building to maximise separation from the adjoining residences. The fuel ventilation pipes are approximately 21.5m from the boundary. Noise Service stations typically contain components which have the potential to create noise and other amenity issues. Carwash facilities and associated vacuums, truck idling and vehicle acceleration/deceleration are primary noise sources. The Environmental Noise Assessment report was revised after the advertising period. Revisions were required relevant to amenity issues to give consideration to certain noise emissions, which are strictly not required to be assessed under the Environmental Protection (Noise) Regulations 1997 (the Regulations). The EPA guidance statement on separation distances between industrial and sensitive land uses requires a 50m separation between service stations and a sensitive land use where vehicle cleaning/detailing facilities and the retailing of spare parts and foodstuffs are provided. The carwash and cleaning facilities are located the furthest from the existing dwellings to the north at a distance of approximately 70m. The potential impacts of the proposed use were assessed in detail in the Environmental Noise Assessment and the report concludes:


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“…Existing vehicle noise monitoring was undertaken at 33 Village Green and from this data vehicle noise modelling was undertaken for the other adjoining properties on Village Green. Table 4.3 and 4.4 in the Environmental Noise Assessment report shows the increase in vehicle noise levels. The results for the assessment of vehicle noise, shows that at the closest residences to Bussell Highway, there is predicted to be an increase in noise level. Residences further away actually decrease in noise level due to the new buildings associated with the service station, shielding some of the Bussell Highway road traffic noise.“ Other service station noise such as refrigeration units on trucks and noise associated with carwash was also modelled. These uses wold result in an increase in noise and an exceedance of the assigned levels. A number of noise attenuation measures are recommended to ensure compliance. A summary of the findings of the modelling is provided in table 4.5 and 4.6 of the noise assessment report. It is concluded that the noise assessment report demonstrates compliance with the Environmental Protection (Noise) Regulations 1997 during all hours at all existing residences subject to appropriate attenuation methods. The revised Environmental Noise Assessment report also concludes that the boundary wall (acoustic wall) will mitigate the noise to such an extent that a wall at the diesel refuelling canopy would not be required as suggested in the original report. The installation of a wall on the northern side of the diesel refuelling canopy was therefore removed from the recommendations of the report. Below is a summary of the recommended noise attenuation measures, to ensure compliance in all scenarios in relation to all existing dwellings:

• A boundary wall (acoustic wall) is to be constructed around the perimeter of the site at a minimum height of 2m above the floor level of the existing adjoining houses. The wall is not to have any gaps and is to be constructed of material having a minimum surface mass of 15kg/sqm. For consistency, the noise wall is to be constructed at the same effective height for the full length of the northern boundary and then also continue along the eastern boundary to protect the future residences at this same height. This height is recommended to be minimum 2 metres above the ground level of the houses and since the houses are nominally 1 metre higher than the bottom of the existing fence (or bottom of retaining wall), the wall height may actually be closer to 3 metres. This wall will be constructed inside the 1.8m high boundary fencing in place around the perimeter of the subject land.

• Automatic car wash is to have appropriately designed entry and exit doors that close prior to the carwash commencing operation.

• New residences immediately to the east will be required to be designed and constructed to a standard to mitigate noise impacts from the proposed service station.

• Where the service station driving surface is to be of concrete, the surface is to be roughened to avoid tyre squeal noise.

• Any drainage grates or access holes located in driving areas are to be plastic or metal with rubber gaskets.

• Vacuums to have a sound power level of no more than 75dB (A). • Carwash plant room to be well sealed and constructed of brick/concrete wall, the roof

appropriately insulated and the door being of appropriate thickness. • Mechanical plant to be selected for quiet operation and capable of operating at slow speed at

night. • No music to be played external to the store with the PA only used for emergency

announcements. • Emptying of rubbish bins and fuel deliveries to be undertaken between 7am and 7pm

Monday to Friday. • Air service unit not to have an audible alarm feature.

It is recommended that Environmental Noise Assessment report form part of the documents approved with a condition requiring the recommendations of the report be implemented and incorporated in the management of the site. Visual impact and design


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The site is in a prominent location and will have an impact on the character of the site and its surrounds. The approved Structure Plan includes conditions to minimise visual impact including the screening of mechanical plant and refuse bins; development of a landscape buffer along the northern and eastern boundaries; retention of existing vegetation in the south-western corner of the site; limiting the height of the buildings to the standard prescribed in LPS1 - the buildings being sympathetic in design and materials and colours to compliment the surrounding landscape to present an attractive entry statement to Margaret River. The development proposal was revised in relation to a number of design aspects to ensure the objectives of the Structure Plan are achieved. It is considered that the amended plans generally meet the requirements of the Structure Plan as:

• The mechanical plant, loading bays and bin storage areas are located behind the main building and will be screened by a 1.8m high colorbond fence/screen.

• The LPG gas tank will be installed underground with the other fuel tanks. • The carwash plant room is fully enclosed. • The majority of the existing vegetation along the southern boundary will remain. The two trees

in the south-west corner of the site that will be removed are in the location of the proposed carwash vacuum bays and dog wash facility. Additional landscaping/screening will be required to offset this loss and to ensure the vacuum bays and dog wash facility is appropriately screened.

• The buildings comply with the height standards of LPS1. The height of the proposed freestanding sign has been reduced from 10m to 6.8m and would not exceed the height of the proposed buildings on the site. The height of the freestanding sign exceeds the acceptable standards of Council’s signage policy and is specifically discussed in the signage section of this report.

• The proposed building materials and colours were reviewed and the following amendments are proposed:

Local Stone cladding to all canopy columns. Feature colorbond wall panels to the shop (convenience store). Feature recycled timber colonnade pergola to the shop walkway. Use of textured paint on the concrete wall of the buildings. Provision of a variety of colours and materials on the southern elevation of the

carwash building such as colorbond horizontal cladding, textured paint panels and local stone clad columns.

The amended plans show a pitched roof structure over the dog wash area and vacuum bays. This structure was not included in the original plans and is 4m to the boundary in a prominent location on the site. This 4m setback is consistent with the boundary separation distances of the dwellings to the north of the subject site. This structure is supported subject to a condition requiring landscape screening along the western and southern elevation of the structure. Details of the proposed screening must be included in an updated landscaping plan. It is proposed to install twelve (12) 6m high light poles around the perimeter of the site. A lighting assessment demonstrates that that there will be virtually no light emissions onto adjoining lots. The proponent has confirmed that the height of the lights will take into account the finished ground level (FGL) above which the lights are located. Light poles will be less than 6m high where located on top of a retaining to achieve the maximum height of 6m above the FGL. The lights will therefore protrude approximately 1.5m – 1.7m above the acoustic wall. An appropriately designed vegetation buffer/screen will, when fully grown, provide a visual screen to mitigate any potential visual impacts due to the proposed lighting. The perimeter lights will also be switched off after hours. For security and safety reasons low illuminated lighting will be confined to bollards at the entry and exit points and the manoeuvring areas on the site, signage on the building and fuel canopies, internal store security lights and car wash area. An appropriately designed and detailed landscaping plan will, in addition to the above mentioned design changes to the buildings and lighting, achieve a development outcome that strikes a balance between the commercial objectives and exposure, company branding and the objectives of the Structure Plan in regard to amenity. It is recommended that a new Landscaping Plan is prepared, as a condition of any planning approval, to ensure an appropriately designed landscaped buffer along the


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northern and eastern boundaries. The Landscaping Plan must also address appropriate screening of the proposed carwash, vacuum and dog wash facilities when viewed from the south and west. The landscaping plan must also address new landscaping along areas immediately adjacent to the site (north along the eastern side of Bussell Highway). This additional landscaping will re-establish a landscape screen in areas where vegetation may be lost due to the modification works along Bussell Highway to facilitate entry to the site. Buffer Width The buffer width between the trafficable surface and the northern boundary is between 6m and 8.5m. The Main Roads WA approved access and exit point to the site dictates to some extent design and vehicle movement through the site. The proponent has demonstrated that noise impacts can adequately be addressed through the implementation of a number of mitigation measures as recommended in the Environmental Noise Assessment report. The precautionary approach of restricting the operating hours will further reduce potential noise impacts. The proposed buffer area is considered to be of sufficient width to establish an appropriate visual screen. Removal of trees in the Bussell Highway road reserve The proponent has worked closely with Main Roads WA to keep the impact on trees in the Bussell Highway reserve to as little as possible. Main Roads WA has provided an amended design showing a reduced left turn arrangement to minimise the impact on remnant vegetation. It is anticipated that only trees opposite the two vacant lots i.e. the lots with the drainage basin and sewer pump station will be affected in addition to some trees at the exit and entry points. The proponent has indicated that landscaping will re-establish screen planting in the areas where vegetation will be lost as a result of the modifications to Bussell Highway. The access design to the site requires significant modification to the Bussell Highway pavement. The implications of the Main Roads WA design are evident in Figure 3 below.

Figure 3: Main Roads WA design Traffic Congestion and pedestrian safety Bussell Highway will be altered, in accordance with Main Roads WA standards and requirements to ensure appropriate traffic movements in and out of the site without causing congestion. Footpaths will be designed to ensure safe pedestrian movements.


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Signage The proponent suggests that an appropriate amount of signage is required in order to provide clear site identification, and way finding for site functionality. The signage that is proposed on the awnings of the fuel canopy, the filling station building and carwash buildings are considered to be comparatively modest and in keeping with the scale of the proposed development. Internal directional signage and signage on and at the bowsers would be consistent with the nature of signage associated with service stations. The location of the proposed freestanding sign in the north-west corner of the site and its proposed 10m height was raised as an issue during advertising. In response to the concerns it is proposed to reduce the height to 6.8m and reposition the sign away from the adjoining residents, to a location immediately north of the southern exit point. The acceptable design standards for a freestanding sign under the Shire’s Local Planning Policy 26 – Signage (LPP26) comprise a height of 5m and an area of 5m². The proposed freestanding sign exceed both these standards at the 6.8m height and area of approximately 16m². The proponent is requesting the Council to consider the amended proposal on the basis that it is generally consistent with a free standing sign that was approved for a service station in the Margaret River light industrial area. It should be noted that the proposed is approximately 4m² larger in area than the sign that was approved in the light industrial area and also the differing expectations for amenity in these two areas. It should also be noted that a recent freestanding sign was approved for the Coles Express Service Station at the northern entry of Margaret River at a height of 5m and area of 9.6m². The proposed signage is considered against the expected design outcomes as per the approved Structure Plan and performance criteria of LPP26. . In considering the revised location and size of the proposed free standing sign in relation to the size of the site, setback from the Bussell Highway carriage way and existing vegetation (trees) to be retained in the Bussell Highway road reserve the free standing sign will not have an unreasonably detrimental impact on the amenity of the location. The proposed sign is considered to be generally consistent with the performance criteria of LPP26 as it:

• Is sufficiently positioned away from residents to overcome any amenity concerns; • Is of a scale and proportion that is commensurate with the proposed use; • Will not result in visual clutter or compromise the streetscape appearance along Bussell

Highway; • Will not protrude above the skyline (including buildings, structures and tree canopies) when

viewed from the surrounding locality; and • Will not compromise the safety or create a visual hazard to road users on Bussell Highway.

Stormwater Management A preliminary Stormwater Management Plan was prepared to demonstrate that stormwater runoff and potentially contaminated water can be managed appropriately. A network of pits and pipes will be utilised to collect the drainage runoff prior to being discharged into a ‘Stormtech’ chamber system located within the site’s landscaped areas. All contamination risk areas such as fuelling areas, tank fuelling points and carwash areas will be disposed of via the Water Corporation’s reticulated sewer network via an oil/waste separator system and discharged into the Water Corporation’s sewer system. The preliminary report found no drainage issues preventing the site from progressing through the development approval stage. STRATEGIC PLAN / POLICY IMPLICATIONS Community Strategic Plan 2033 Corporate Business Plan 2015-2019 Goal 3: Managing growth sustainably. Community Outcome: Clearly define areas for growth and renewal Strategic Response: Implement LPS1


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FINANCIAL IMPLICATIONS Nil SUSTAINABILITY IMPLICATIONS Environmental The majority of existing trees will be retained on site. Social The proposal will fulfil the needs of the community with regard to the availability of fuel. Economic The proposal will provide an additional incentive for drivers to stop in Margaret River. VOTING REQUIREMENTS Simple Majority RECOMMENDATION That Council, in accordance with regulation 68 (2) of the Planning and Development (Local Planning Schemes) Regulations 2015 approves the proposed Service Station (including car wash) with ancillary convenience store and component of food preparation and sale on Lot 427 Bussell Highway, Margaret River subject to the following conditions: CONDITIONS 1. The development is to be carried out in compliance with the plans and documentation listed

below and endorsed with Council’s stamp, except where amended by other conditions of this consent.

Plans and Specifications

P1 –P3 received at the Shire on 22 September 2015, P4 received at the Shire on 16 October 2015, being the amended Environmental Noise Assessment

2. If the development, the subject of this approval, is not substantially commenced within two (2)

years from the date of this letter, the approval shall lapse and be of no further effect. Where an approval has lapsed, development is prohibited without further approval being obtained. (P)

3. Emptying of rubbish bins and fuel deliveries shall not occur outside the hours of 7am to 7pm

Monday to Friday.

4. The perimeter light poles shall not exceed a height of 6m measured from the finished ground level of the trafficable area as shown on the approved plans.

5. The perimeter lights shall be switched off after 10pm and not turned on before 6am. After hours

lighting is restricted to low illuminated lighting confined to bollards at the entry/exits and within the manoeuvring areas on site, signage on the building and fuel canopies, internal store security lighting and car wash areas.

6. The service station and ancillary uses is approved to operate between the hours of 6am and

10pm.

7. All stormwater and drainage run-off from the development shall be contained within the lot boundaries or disposed offsite by an approved connection to the Shire’s drainage system in accordance with the Shire of Augusta-Margaret River Standards & Specifications. (I)

8. The Proponent shall provide and maintain onsite stormwater treatment measures to remove

petrols and oils, sediments, gross pollutants and nutrients to the satisfaction of the Shire, prior to connection to the district drainage scheme. (I)

9. Prior to the commencement of development a Stormwater Drainage Plan shall be submitted

which has been prepared to the satisfaction of the Shire showing stormwater collection and


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disposal systems, stormwater treatment, proposed connections to the district drainage system and the flood escape route for rainfall up to a 100 year average recurrence interval event. (I)

10. The food preparation component of the proposal is approved as an ancillary component to the

approved Service Station and shall be operated as an integrated component of the overall facility.

11. No trees shall be removed on the site except for the trees identified on the approved plans. The

Proponent shall ensure that the health of the existing street tree(s) is not adversely affected.

12. A Landscape Plan shall be prepared to the satisfaction of the Shire by a suitably qualified and/or experienced landscape consultant and be submitted to the Shire for approval prior to the commencement of works. The Landscape Plan shall be drawn to scale and show detailed landscape designs for the following:

a) the vegetated buffers along the northern and eastern boundaries of the site. b) screening of the dog wash and carwash vacuum bays. c) re-establishment of vegetation screen in the Bussell Highway road reserve where

trees will be lost as a result of the construction of the a left turning lane into the property.

d) general landscaping to compliment the approved development and to ensure an attractive entry to the town is maintained.

e) The Landscape Plan must show the location, name and mature heights of existing and proposed trees and shrubs and ground covers.

f) Any lawns and paved areas to be established. g) Any natural landscaped areas to be retained.

13. The carwash vacuum bays and dog wash area shall be appropriately screened to the satisfaction of the Shire in accordance with an approved Landscaping Plan.

14. A landscape screen shall be re-established to the satisfaction of the Shire in the Bussell

Highway road reserve, in accordance with an approved landscaping plan, in the areas where trees will be lost as a result of the construction of a left turning lane into the property.

15. Vehicle parking areas, access ways and crossover(s) shall be designed, constructed, (lit),

sealed, kerbed, drained, line marked and thereafter maintained in accordance with Australian Standard AS 2890.1 – 2004 and the Shire’s standards and specifications, prior to occupation of the development.. (I)

16. The acoustic wall on the northern and eastern boundaries shall be a minimum of 2m above the

highest finished floor level of directly adjoining dwellings to the north.

17. A detail design of the acoustic wall, including elevation drawings and a schedule of colours and materials must be submitted to the Shire for approval prior to submitting an application for a building licence.

18. The acoustic wall shall be finished to the satisfaction of the adjoining land owners, or in the

case of a dispute, to the satisfaction of the Shire.

19. The signs identifying the entry and exit points shall be located not to obstruct sight lines.

20. The design and management recommendations of the Environmental Noise Assessment must be implemented to the satisfaction of the Shire.

21. The existing concrete path on Bussell Highway shall be extended along the entire John

Archibald Drive frontage of the site and shall be designed, constructed and drained in accordance with the Shire’s Standards and Specifications, prior to the occupancy of the development. (E)


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22. Works are prohibited within the road reserve including any pruning or clearing of vegetation without prior written approval of the Shire and or Main Roads WA. The Proponent shall submit and implement a Traffic Management Plan prepared by an accredited Traffic Manager in accordance with the Main Roads WA Traffic Management Code of Practice, and Australian Standards AS 1742.3 – 2009 for any works on or within the road reserve (including road). (I)

23. Prior to the commencement of development the proponent shall pay a development bond as

per the Council’s Policy PE.51 Development Bonds.

24. A schedule of colour and texture of the building materials shall be submitted for approval prior to the commencement of any work(s) and shall be implemented accordingly. (P)

25. Prior to commencement of the works a construction management plan shall be submitted to the

Shire for approval. (see advise note ‘b’).

26. The proponent must make a contribution towards Public Art in accordance with the Shire’s Governance and Business Excellence Policy 5.8 – Public Art Policy.

ADVICE TO PRPONENT a) You are advised of the need to comply with the requirements of the following other legislation:

(i) This is not a Building Permit. A Building Permit must be issued by the relevant Permit Authority before any work commences on site as per the Building Act 2011;

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

b) A Construction Management Plan must address, but need not be limited to, the following items:

• Working within Shire reserves • Ensuring proper approvals have been obtained • Access points to construction site • Materials lay down • Construction workers parking • Fencing of building sites • Littler and building rubbish control • Stormwater, soil stabilisation, sedimentation and erosion control • Dust control • Working hours • Construction noise • Minimum facilities to be provided • Storage of goods • Insurances for construction related use of public area • Prevention of soil tracking

c) The Shire’s Governance and Business Excellence Policy 58 – Public Art Policy applies to

development proposals with an estimated construction value in excess of $1 000 000. ATTACHMENTS 1. Site Plan and Elevations 2. Approved Structure Plan 3. Schedule of Submissions 4. Updated Environmental Noise Assessment

RECOMMENDATION That Council, in accordance with regulation 68 (2) of the Planning and Development (Local Planning Schemes) Regulations 2015 approves the proposed Service Station (including car wash) with ancillary convenience store and component of food preparation and sale on Lot 427 Bussell Highway, Margaret River subject to the following conditions:


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CONDITIONS 1. The development is to be carried out in compliance with the plans and documentation listed

below and endorsed with Council’s stamp, except where amended by other conditions of this consent.



2. If the development, the subject of this approval, is not substantially commenced within two (2)

years from the date of this letter, the approval shall lapse and be of no further effect. Where an approval has lapsed, development is prohibited without further approval being obtained. (P)

3. Emptying of rubbish bins and fuel deliveries shall not occur outside the hours of 7am to 7pm

Monday to Friday.


5. The perimeter lights shall be switched off after 10pm and not turned on before 6am. After hours

lighting is restricted to low illuminated lighting confined to bollards at the entry/exits and within the manoeuvring areas on site, signage on the building and fuel canopies, internal store security lighting and car wash areas.

6. The service station and ancillary uses is approved to operate between the hours of 6am and

10pm.


8. The Proponent shall provide and maintain onsite stormwater treatment measures to remove

petrols and oils, sediments, gross pollutants and nutrients to the satisfaction of the Shire, prior to connection to the district drainage scheme. (I)

9. Prior to the commencement of development a Stormwater Drainage Plan shall be submitted

which has been prepared to the satisfaction of the Shire showing stormwater collection and disposal systems, stormwater treatment, proposed connections to the district drainage system and the flood escape route for rainfall up to a 100 year average recurrence interval event. (I)

10. The food preparation component of the proposal is approved as an ancillary component to the

approved Service Station and shall be operated as an integrated component of the overall facility.

11. No trees shall be removed on the site except for the trees identified on the approved plans. The

Proponent shall ensure that the health of the existing street tree(s) is not adversely affected.

12. A Landscape Plan shall be prepared to the satisfaction of the Shire by a suitably qualified and/or experienced landscape consultant and be submitted to the Shire for approval prior to the commencement of works. The Landscape Plan shall be drawn to scale and show detailed landscape designs for the following:

a) the vegetated buffers along the northern and eastern boundaries of the site. b) screening of the dog wash and carwash vacuum bays. c) re-establishment of vegetation screen in the Bussell Highway road reserve where

trees will be lost as a result of the construction of the a left turning lane into the property.



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15. Vehicle parking areas, access ways and crossover(s) shall be designed, constructed, (lit),

sealed, kerbed, drained, line marked and thereafter maintained in accordance with Australian Standard AS 2890.1 – 2004 and the Shire’s standards and specifications, prior to occupation of the development.. (I)

16. The acoustic wall on the northern and eastern boundaries shall be a minimum of 2m above the

highest finished floor level of directly adjoining dwellings to the north.


18. The acoustic wall shall be finished to the satisfaction of the adjoining land owners, or in the

case of a dispute, to the satisfaction of the Shire.

19. The signs identifying the entry and exit points shall be located not to obstruct sight lines.

20. The design and management recommendations of the Environmental Noise Assessment must be implemented to the satisfaction of the Shire.

21. The existing concrete path on Bussell Highway shall be extended along the entire John

Archibald Drive frontage of the site and shall be designed, constructed and drained in accordance with the Shire’s Standards and Specifications, prior to the occupancy of the development. (E)

22. Works are prohibited within the road reserve including any pruning or clearing of vegetation

without prior written approval of the Shire and or Main Roads WA. The Proponent shall submit and implement a Traffic Management Plan prepared by an accredited Traffic Manager in accordance with the Main Roads WA Traffic Management Code of Practice, and Australian Standards AS 1742.3 – 2009 for any works on or within the road reserve (including road). (I)

23. Prior to the commencement of development the proponent shall pay a development bond as

per the Council’s Policy PE.51 Development Bonds.


25. Prior to commencement of the works a construction management plan shall be submitted to the

Shire for approval. (see advise note ‘b’).


Cr Lane moved the following amendment.


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AMENDMENT / COUNCIL DECISION CR LANE, CR TOWNSHEND OM2015/221 That the following wording be added to condition 19: and all signage shall comply with the deemed to comply standards of LPP26.

CARRIED 6/1 CR SMART VOTED AGAINST

Reason: Cr Lane stated the height and area of the proposed sign are significantly in excess of LPP26, the amendment ensures the signage will be kept within LPP26 limitations. PRIMARY MOTION / COUNCIL DECISION CR TOWNSHEND, CR HAYNES OM2015/222 That Council, in accordance with regulation 68 (2) of the Planning and Development (Local Planning Schemes) Regulations 2015 approves the proposed Service Station (including car wash) with ancillary convenience store and component of food preparation and sale on Lot 427 Bussell Highway, Margaret River subject to the following conditions: CONDITIONS 1. The development is to be carried out in compliance with the plans and documentation

listed below and endorsed with Council’s stamp, except where amended by other conditions of this consent.



2. If the development, the subject of this approval, is not substantially commenced within

two (2) years from the date of this letter, the approval shall lapse and be of no further effect. Where an approval has lapsed, development is prohibited without further approval being obtained. (P)

3. Emptying of rubbish bins and fuel deliveries shall not occur outside the hours of 7am

to 7pm Monday to Friday.


5. The perimeter lights shall be switched off after 10pm and not turned on before 6am. After

hours lighting is restricted to low illuminated lighting confined to bollards at the entry/exits and within the manoeuvring areas on site, signage on the building and fuel canopies, internal store security lighting and car wash areas.

6. The service station and ancillary uses is approved to operate between the hours of 6am

and 10pm.


8. The Proponent shall provide and maintain onsite stormwater treatment measures to

remove petrols and oils, sediments, gross pollutants and nutrients to the satisfaction of the Shire, prior to connection to the district drainage scheme. (I)


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9. Prior to the commencement of development a Stormwater Drainage Plan shall be submitted which has been prepared to the satisfaction of the Shire showing stormwater collection and disposal systems, stormwater treatment, proposed connections to the district drainage system and the flood escape route for rainfall up to a 100 year average recurrence interval event. (I)

10. The food preparation component of the proposal is approved as an ancillary component

to the approved Service Station and shall be operated as an integrated component of the overall facility.

11. No trees shall be removed on the site except for the trees identified on the approved

plans. The Proponent shall ensure that the health of the existing street tree(s) is not adversely affected.

12. A Landscape Plan shall be prepared to the satisfaction of the Shire by a suitably

qualified and/or experienced landscape consultant and be submitted to the Shire for approval prior to the commencement of works. The Landscape Plan shall be drawn to scale and show detailed landscape designs for the following:

a) the vegetated buffers along the northern and eastern boundaries of the site. b) screening of the dog wash and carwash vacuum bays. c) re-establishment of vegetation screen in the Bussell Highway road reserve

where trees will be lost as a result of the construction of the a left turning lane into the property.







15. Vehicle parking areas, access ways and crossover(s) shall be designed, constructed,

(lit), sealed, kerbed, drained, line marked and thereafter maintained in accordance with Australian Standard AS 2890.1 – 2004 and the Shire’s standards and specifications, prior to occupation of the development.. (I)

16. The acoustic wall on the northern and eastern boundaries shall be a minimum of 2m

above the highest finished floor level of directly adjoining dwellings to the north.


18. The acoustic wall shall be finished to the satisfaction of the adjoining land owners, or in

the case of a dispute, to the satisfaction of the Shire.

19. The signs identifying the entry and exit points shall be located not to obstruct sight lines and all signage shall comply with the deemed to comply standards of LPP26.

20. The design and management recommendations of the Environmental Noise Assessment

must be implemented to the satisfaction of the Shire.


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20. The existing concrete path on Bussell Highway shall be extended along the entire John Archibald Drive frontage of the site and shall be designed, constructed and drained in accordance with the Shire’s Standards and Specifications, prior to the occupancy of the development. (E)

21. Works are prohibited within the road reserve including any pruning or clearing of

vegetation without prior written approval of the Shire and or Main Roads WA. The Proponent shall submit and implement a Traffic Management Plan prepared by an accredited Traffic Manager in accordance with the Main Roads WA Traffic Management Code of Practice, and Australian Standards AS 1742.3 – 2009 for any works on or within the road reserve (including road). (I)

22. Prior to the commencement of development the proponent shall pay a development

bond as per the Council’s Policy PE.51 Development Bonds.


24. Prior to commencement of the works a construction management plan shall be

submitted to the Shire for approval. (see advise note ‘b’).


CARRIED 7/0


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11.2.2 REVISION TO STRUCTURE PLAN - LOCATION 1032 REDGATE ROAD, WITCHCLIFFE - FOR APPROVAL – FOR FINAL APPROVAL LOCATION/ADDRESS Lot 1032 Redgate Road, Witchcliffe APPLICANT/LANDOWNER Ahola Planning / Redgate Developments Pty Ltd FILE REFERENCE LND/150SP REPORT AUTHOR Matt Cuthbert, Strategic Project Officer AUTHORISING OFFICER Iliya Hastings, Director Sustainable Development IN BRIEF • The proposal is a revision to the endorsed Structure Plan for Lot 1032 Redgate Road Witchcliffe,

commonly referred to as ‘Reserve on Redgate’. • The primary change sought by the proponents is for a greater proportion of lots to be increased to

2,000m2, allowing them to be created without connection to reticulated waste water services, which currently do not exist in Witchcliffe.

• Submissions received during the consultation period focus predominantly on a change to the Structure Plan provisions which deletes a requirement for a covenant to be applied to land titles preventing the keeping of domestic cats.

RECOMMENDATION That Council, in accordance with clause 20(2)(e) of the Deemed Provisions of Local Planning Scheme No. 1, recommends that the WAPC approve the Structure Plan for Lot 1032 Redgate Road, Witchcliffe (Version h), subject to the following:

a) Planning Policy Statement No. 9 which restricts the keeping of domestic cats being reinstated; and

b) Modifications being made to the Public Open Space, roads and size and shape of the Residential R15 cells as depicted at Attachment 2.

SUBJECT LAND Prior to Stage 1 of the progressive subdivision of the land, it was known as Location 1032 Redgate Road. Stage 1 of the subdivision created 22 residential lots, an area of public open space and a ‘balance lot’ (Lot 9000) see Figure 1.

Figure 1 – Location Plan

Subject Land

Witchcliffe


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TABLED ITEMS Nil BACKGROUND A Structure Plan for the subject land was first adopted in 2010. That plan was consistent with the original development concept for Witchcliffe which required that all lots connect to a waste water treatment plant (WWTP) to be funded by developers and managed by the Shire. The business case which supported the development of the WWTP included development timelines and associated developer contributions which were not ultimately realised and hence the WWTP has not yet been constructed. Council considered a review of the WWTP business case at its Special Meeting of 12 December 2014 at which time it withdrew from the previous high level of involvement in construction and management of the WWTP. Council did however resolve to support the creation of 2,000m2 lots without connection to a WWTP where identified for such development by existing structure plans. The subject proposal as originally submitted, sought to modify the density code applicable to the entire site, such that it could be developed into 2000m2 lots without any requirement to connect to a future WWTP. Council resolved on 24 June 2015 to support a change to the Structure Plan which increases the number of 2000m2 lots for advertising purposes but not to the extent sought by the applicant. Council also resolved to “commence a review of the Witchcliffe Village Strategy in 2016 to ensure that it continues to provide a rational planning framework in light of development of the waste water treatment plant to that point”. PLANNING FRAMEWORK Witchcliffe Village Strategy (WVS) The WVS identifies the subject land as being within ‘Cell 5’. Planning requirements for Cell 5 include:

• Potential lot yield (approximately): 180-200 lots. • Residential lots of 700m2 - 5 ,000m2 (R15-R2).

Existing Structure Plan The existing Structure Plan provides for 190 lots, 82 of which are intended to be 2,000m2 and greater. Of the future lots less than 2,000m2, there are 44 ‘R10’ lots (1000m2) and 54 ‘R15’ lots (580m2).

Figure 2 – Existing Structure Plan


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The existing Structure Plan currently carries a provision which requires that all lots be connected to a wastewater recycling plant or, if this is not feasible, to conventional services. It states at 3(a): “Prior to subdivision approval being issued, the alternative water service and wastewater recycling scheme (including operator licence details and obligations) is to be fully investigated and the outcomes demonstrated. In the event that the WAPC is satisfied that such an alternative scheme is not feasible due to technical and/or governance reasons or is unreasonable based upon financial grounds, conventional reticulated water and sewerage is to be provided. The servicing scheme is to be based on the Schematic Servicing Plan (Attachment 1) which forms part of this Structure Plan. The Servicing Plan is to make provision for upgraded services to existing dwellings within the Witchcliffe Village. All related water infrastructure within and outside [the] Structure Plan are, and costs of investigating and implementing such, shall be apportioned appropriately, and borne by the developers.” THE PROPOSAL The advertised structure plan proposes to: Modify the density code applicable to the majority of ‘R10’ residential cells to ‘R5’. This will allow them to be developed as 2000m2 (approx.) lots with on-site effluent disposal systems rather than 1000m2 lots which would otherwise require connection to a reticulated waste water treatment system which currently does not exist. Attachment 1 is the modified Structure Plan as advertised. Modify Planning Policy Statement 3 (a). This makes a distinction between those larger lots which do not require connection to a future WWTP and lots with a code greater than ‘R5’ (lot size of less than 2,000m2) which cannot be created until such time as they can be connected to a WWTP as follows: Subdivision approval will not be issued for any lots with a density code greater than R5, unless an alternative water service and wastewater recycling scheme is available for connection. The servicing scheme is to be based on the Schematic Servicing Plan (Attachment 1) which forms part of this structure plan. The servicing plan is to make provision for upgraded services to existing dwellings within the Witchcliffe Village. All related water infrastructure within and outside the Structure Plan area, and the costs of investigating and implementing such, shall be apportioned appropriately and borne by the developers. In the event that the WAPC is satisfied that such an alternative scheme is not feasible for technical and/or governance reasons or is unreasonable on financial grounds, the lots are to be connected to conventional reticulated water and sewerage services. Stipulating at Planning Policy Statement 3(b) the following requirements relating to lots with on-site servicing: Lots identified as being coded R5 or lower are to be serviced by on-site effluent disposal systems and water catchment, subject to the following being satisfied: • The suitability of ground conditions to safely and effectively accommodate on site effluent

disposal being confirmed by way of a Geotechnical report; • Acceptable alternative forms of fire protection and firefighting infrastructure (in the absence of

reticulated hydrants) being designed and implemented; and • Onsite grey and/or blackwater treatment units being of a type which allow water to be recycled

for reuse i.e. garden irrigation. Deleting Planning Policy Statement 9 and renumbering the policy statements thereafter. The policy statement requires a restrictive covenant be applied to the title of all lots which prevents the keeping of domestic cats and which the developer requests be removed. Deleting Planning Policy Statement 13 and renumbering the policy statements thereafter. This policy statement is superfluous given that the R-Codes have been modified to allow use of ancillary dwellings by non-family members ‘as of right’ and therefore not necessitating a special provision on the Structure Plan.


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CONSULTATION AND ADVICE Public consultation occurred during August 2015. Of the 13 submissions received from the public, 10 objected to the removal of Planning Policy Statement No.9 relating to the covenant which prevents the keeping of cats. One submission was lodged on behalf of the developer; one did not provide comment and another supported the proposed modifications. None of the submissions received from Government agencies or service providers raised issues which require amendment to the proposal. Whilst removal of the ‘cat covenant’ forms only a minor element of the proposal, it has emerged through the consultation process as being the primary concern of residents. It is discussed in further detail in this report (see ‘Discussion’ section below). DISCUSSION / OFFICER COMMENTS Change to Density Code The application as originally submitted sought to change the density code applicable to all but a small portion of the structure plan area to ‘R5’. In approving the advertising of the proposal Council acknowledged the merit of modifying the density code applicable to some (but not all) of the subject land. The advertised plan modifies the density code applicable to land in the south of the site from ‘R10’ to ‘R5’. The change avoids creating a patchwork of different densities, some to be serviced and some not, which would add cost and complication to the provision of future reticulated infrastructure. The modifications result in all future serviced land (coded R15) being located in the northern half of the site closest to Redgate Road along which reticulated mains would be likely to be brought and adjacent to other future small serviced lots on the northern side of Redgate Road. Fire Protection The proponent provided a revised Bushfire Management Plan (BMP), which is necessary given that lots of less than 2,000m2 will not have access to fire hydrants which would have otherwise been supplied via the wastewater treatment plant. As such the Department of Planning ‘Planning for Bushfire Protection Guidelines’ requires that tanks with hydrants or standpipes be provided at a ratio of 50,000 litres per 25 dwellings. During the consultation period, DFES approved the revised BMP. Effluent Disposal The proposal is submitted with a modified Local Water Management Strategy (LWMS) and accompanying geotechnical information. This information has been reviewed by the Shire’s Environmental Health Services and has been found to satisfactorily demonstrate that on site methods of effluent disposal can be safely accommodated. It should be noted however, that some parts of the site (eastern and southern extremities) will require up to 1.2m of fill to achieve required depth to groundwater for future disposal systems. The Department of Health and Department of Water raised no issues with the LWMS during the consultation period. Domestic Cats The developer has sought a modification to the structure plan which deletes planning policy statement No. 9 relating to a prohibition on domestic cats in the estate. The advertised Structure Plan reflects this intent and if approved would avoid the need for the developer to impose a restrictive covenant preventing the keeping of cats on future lots so created. Clearly, the developer does not support the covenant and as such there is little chance of the covenant being enforced. Therefore with or without the covenant, cats could be kept in the estate with very little real chance of the cat owner being the subject of enforcement action by the developer. Although it is unlikely, it is possible that landowners burdened by the covenant, could take action in the courts against an owner who decides to keep a cat regardless of any covenant. Submissions received during the consolation period indicate that there is strong support for the covenant amongst existing land owners. It should be clearly understood that despite the Shire’s support for the principle of preventing cats in sensitive environments, the Shire plays no role in enforcing the covenant. Notwithstanding, retention of the covenant would allow residents to administer their own restriction as it applies to cats by taking court action in the instance that a breech occurs. On this basis and the submissions received, it is recommended that Planning Policy Statement No. 9 be retained.


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Further Modifications During the consultation period, the developer has sought some further, minor changes to the structure plan. The changes, as illustrated at Figure 2 are to: • Amalgamate areas of POS to form a consolidated area. • Increase the amount of land to be developed as Residential R15. • Reduce the amount of land to be ceded as POS. • Make minor changes to the road layout to reflect he changes above.

Consolidation of the two POS areas enhances its useability. Deletion of the road aids in bringing the two areas of POS together and does not negatively impact upon traffic flows and access for what is a small residential cell.

Figure 3: Comparison between portions of advertised plan (left) and proposed plan Increasing the amount of ‘R15’ lots is positive in the context of the broader change (as advertised) which otherwise reduces the amount of lots smaller than 2000m2. The slight reduction in overall POS is supported given that the structure plan area now predominantly consists of large residential lots for which 10% POS is not required (by relevant policies) due to the greater opportunity for private recreation to occur. The minor nature of the changes does not warrant re-advertising of the proposal. STATUTORY ENVIRONMENT / LEGAL IMPLICATIONS Nil STRATEGIC PLAN / POLICY IMPLICATIONS Community Strategic Plan 2033 (CSP) Corporate Business Plan 2015-2019 Goal 3: Managing Growth Sustainably Community Outcome: Clearly Defined Areas for Growth and Renewal Strategic Response: Implement Local Planning Scheme No. 1 FINANCIAL IMPLICATIONS Nil SUSTAINABILITY IMPLICATIONS Environmental


42

Submissions received demonstrate that the restriction on the keeping of cats is considered to be an important environmental initiative. Social The number of people residing in Witchcliffe will be one determinative of the extent to which the town is sustainable. A reduction in lot numbers has a corresponding impact on future population numbers. Economic It is imperative that Council do not reduce the critical mass of lots proposed to be created in Witchcliffe to below that necessary to make a centralised WWTP economically feasible. VOTING REQUIREMENTS Simple Majority RECOMMENDATION That Council, in accordance with clause 20(2)(e) of the Deemed Provisions of Local Planning Scheme No. 1, recommends that the WAPC approve the Structure Plan for Lot 1032 Redgate Road, Witchcliffe (Revision h ), subject to the following:

a) Planning Policy Statement No. 9 being reinstated; and b) Modifications being made to the Public Open Space, roads and size and shape of the

Residential R15 cells as depicted upon the Structure Plan Revision i (Attachment 2). ADVICE TO APPLICANT / PROPONENT Nil ATTACHMENTS 1. Advertised Structure Plan (Revisions h) 2. Structure Plan with Further Modifications (Revision i) RECOMMENDATION / COUNCIL DECISION CR HASTIE, CR KENNAUGH OM2015/223 That Council, in accordance with clause 20(2)(e) of the Deemed Provisions of Local Planning Scheme No. 1, recommends that the WAPC approve the Structure Plan for Lot 1032 Redgate Road, Witchcliffe (Revision h ), subject to the following:

a) Planning Policy Statement No. 9 being reinstated; and b) Modifications being made to the Public Open Space, roads and size and shape of the

Residential R15 cells as depicted upon the Structure Plan Revision i (Attachment 2).

CARRIED 7/0


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11.3. Infrastructure Services


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11.3.1 ADOPTION OF PROPOSED STREET NUMBERING LOCAL LAW LOCATION/ADDRESS Shire-wide APPLICANT/LANDOWNER Shire of Augusta Margaret River FILE REFERENCE VTL/60 REPORT AUTHOR David Nicholson, Manager Asset Services AUTHORISING OFFICER Johan Louw, Director Infrastructure Services IN BRIEF • On 28 January 2015 Council resolved to make the Street Numbering Local Law 2015 and this

was then advertised in accordance with the Local Government Act 1995. • The proposed local law is to require the maintenance of street numbers in the Shire, including

Rural Property Street Address Numbers in accordance with Australian Standards. • Rural Property Street Address Numbers will make locating an address easier which is very

important for emergency services, Australia Post, other service providers and visitors. • No submissions were received in response to the advertising of the proposed local law. RECOMMENDATION That Council: 1. Notes no submissions received in response to the proposal to make the Shire of Augusta

Margaret River Street Numbering Local Law 2015; 2. Resolves to make the Shire of Augusta Margaret River Street Numbering Local Law 2015 as

per Attachment 1; 3. Publishes the Shire of Augusta-Margaret River Local Law 2015 in the Government Gazette and

forwards copies to the Minister for Local Government; 4. Then lastly, gives local public notice of the Shire of Augusta Margaret River Street Numbering

Local Law 2015, including the: (i) title; (ii) purpose and effect; and (iii) availability for inspection.

5. Adopts the Street Numbering Policy as per Attachment 2. LOCATION PLAN Not applicable – the local law will apply to the entire Shire. TABLED ITEMS Nil BACKGROUND Council proposed the Street Numbering Local Law 2015 on 28 January 2015 with the decision being: RECOMMENDATION That Council: 1. Notes the purpose and effect of the proposed Street Numbering Local Law 2015 as follows:

(a) The purpose of the proposed Street Numbering Local Law 2015 is to require land owners to display and maintain a street number at the frontage of their property.

(b) The effect of the proposed Street Numbering Local Law 2015 is that all land owners within the Shire will need to comply with the provisions of this local law.

2. Provides notification in accordance with section 3.12 of the Local Government Act 1995 of the Shire’s intention to make the Street Numbering Local Law 2015.

This local law is central to the broader program of standardising street numbering in the Shire consistent with Australian Standard AS/NZS 4819: 2011 and implementing the Rural Property


45

Address Number (RPAN) system. The local law requires land owners to comply with obligations to properly display their assigned street numbers and provides a simple mechanism to achieve street numbering in accordance with Australian Standard AS/NZS 4819: 2011. The Shire wide implementation of RPAN has been the principal priority of this project. This will provide rural areas with quicker locating of properties by emergency services, utilities, Australia Post and the general public. The advertising of the local law has been completed and it is ready to consider for adoption (Attachment 1). A Street Numbering Policy (Policy) has also been prepared to provide clear guidance on administering the local law to ensure its objectives are achieved (Attachment 2). CONSULTATION AND ADVICE External Consultation The proposed local law has been advertised in excess of the minimum 6 weeks as per the Local Government Act 1995. No submissions were received. The Department of Local Government and Communities (DLGC) provided feedback on formatting and drafting style of the local law and this has been incorporated into the updated copy proposed for adoption. The proposed policy will support implementation of the Local Law and is largely an administrative document. Therefore it has not been advertised for public comment. Internal Consultation Asset Services Revenue Legal Services DISCUSSION / OFFICER COMMENTS AS/NZS 4819: 2011 has been developed in accordance with a national model whose partners include Landgate, emergency services, public utilities, Electoral Commission and Australia Post. The objective is to provide uniform rural and urban addressing. The Rural Property Address Number (RPAN) system makes it easy to find a property, particularly in the event of an emergency, as numbers are based on the distance of the entrance to a property from the start of a road. Odd numbers are on the left and even numbers on the right. For example, the number 1902 refers to a property on the right side of a road that is 19.02 km from the road’s beginning. Number 325 is 3.25 km from the road’s beginning on the left side. The proposed local law is brief and simple and will provide the Shire with the head of power necessary to require all property owners within the Shire display and maintain a street number. The proposed local law would address concerns about properties that choose not to provide a number and so are difficult to locate, particularly in the event of an emergency. The Policy proposed to be adopted with the local law clearly guides administering of the local law and assignment of street numbers. Rural property owners without an RPAN properly displayed will be required to submit an application for an RPAN as outlined in the policy. The Shire’s Revenue business unit will be responsible for assessing RPAN applications and assigning street numbers in consultation with the staff from Asset Services. The Shire’s Works business unit will be responsible for installing RPAN signs as they are to be situated within Shire managed road reserves but the installation costs are to be charged to the relevant land owner as per the Policy. Any enforcement measures undertaken pursuant to the local law will be as a last resort. The modified penalty for non-compliance is $200. Initially after the local law comes into effect, the Shire will commence an audit of properties requiring new street numbers and then assign numbers as necessary. Following any assignment of numbers, property owners/occupiers will be notified and given ample time to have a number properly displayed pursuant to the local law.


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STATUTORY ENVIRONMENT / LEGAL IMPLICATIONS As referred to above the 6 week advertising and referral to DLGC has been completed in accordance with the Local Government Act 1995. The following are the remaining steps as part of the statutory requirement for adopting the local law:

1. Council is to consider any submissions made; 2. Make the local law so long as it is not significantly different from what was proposed; 3. Effect the local law through publishing it in the Government Gazette; 4. Provide copies of the local law to responsible Ministers; and 5. After publishing the local law in the Government Gazette, there is to be local public notice

including: (a) the local law’s title; (b) the local law’s purpose and effect; and (c) where a copy of the local law can be inspected or obtained.

The local law comes into effect 14 days after it is published in the Government Gazette. STRATEGIC PLAN / POLICY IMPLICATIONS Community Strategic Plan 2033 (CSP) Corporate Business Plan 2015-2019 Goal 5: Effective leadership and governance Community Outcome 5.5: A culture of innovation, quality and continuous improvement. Strategic Response 5.6.2: Ensure Shire services and processes meet or exceed customer needs and recognised industry standards. Service level strategy/plan 5.6.2.6: Review and update procedures for Infrastructure Services directorate. PLANNING FRAMEWORK Nil FINANCIAL IMPLICATIONS Statewide and local advertising of the proposed local law is required. Publishing the local laws in the WA Government Gazette costs $13.60 per column centimetre with a minimum charge of $68.00. The Shire’s 2015-16 Schedule of Fees and Charges includes a $118 fee for provision of a rural property address number. The cost to provide a replacement number is $41 and for supply and installation of a post is $77. SUSTAINABILITY IMPLICATIONS Environmental Street numbers have no negative environmental impacts and are generally not visually intrusive. Social Provision of street numbering ensures properties are easily located by postal services, other service providers, visitors and emergency services. Economic The cost to residents and businesses of providing and maintaining a street number is minimal. The cost of Shire installation of rural property address numbers is recovered through the fee. VOTING REQUIREMENTS Absolute Majority RECOMMENDATION That Council: 1. Notes no submissions received in response to the proposal to make the Shire of Augusta

Margaret River Street Numbering Local Law 2015; 2. Resolves to make the Shire of Augusta Margaret River Street Numbering Local Law 2015 as

per attachment 1;


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3. Publishes the Shire of Augusta-Margaret River Local Law 2014 in the Government Gazette and forwards copies to the Minister for Local Government;

4. Then lastly, gives local public notice of the Shire of Augusta Margaret River Street Numbering Local Law 2015, including the:

(i) title; (ii) purpose and effect; and (iii) availability for inspection.

5. Adopts the Street Numbering Policy as per attachment 2. ADVICE TO APPLICANT / PROPONENT Nil ATTACHMENTS 1. Proposed Street Numbering Local Law 2. Proposed Street Numbering Policy RECOMMENDATION / COUNCIL DECISION CR HAYNES, CR SMART OM2015/224 That Council: 1. Notes no submissions received in response to the proposal to make the Shire of

Augusta Margaret River Street Numbering Local Law 2015; 2. Resolves to make the Shire of Augusta Margaret River Street Numbering Local Law 2015

as per attachment 1; 3. Publishes the Shire of Augusta-Margaret River Local Law 2015 in the Government

Gazette and forwards copies to the Minister for Local Government; 4. Then lastly, gives local public notice of the Shire of Augusta Margaret River Street

Numbering Local Law 2015, including the: (i) title; (ii) purpose and effect; and (iii) availability for inspection.

5. Adopts the Street Numbering Policy as per attachment 2.



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11.3.2 UNBUDGETED EXPENDITURE AND GRANTS FOR ROADS TO RECOVERY LOCATION/ADDRESS Shire of Augusta Margaret River APPLICANT/LANDOWNER Shire of Augusta Margaret River FILE REFERENCE FIN/44 REPORT AUTHOR Craig Young, Manager Works AUTHORISING OFFICER Johan Louw, Director Infrastructure Services IN BRIEF • The Roads to Recovery funding program has increased to $1,301,516 for the 2015-16 financial

year. This is approximately $400,000 more than originally budgeted. • As the Roads to Recovery funding grant and corresponding expenditure has not been budgeted

in 2015-16, Council approval is required. • It is recommended that the additional funds be invested in road asset renewal, reseals and

asphalt overlays. RECOMMENDATION That Council approve unbudgeted expenditure of:

1. An additional $90,000 in account RPN04 of the Construction Transport business unit for the extension of the road reconstruction on Auger Way; and

2. An additional $301,516 in accounts X998 and X999 of the Construction Transport business unit for additional rural reseal and urban asphalt overlays.

LOCATION PLAN Nil TABLED ITEMS Nil BACKGROUND The Roads to Recovery programme operates uniformly across Australia and under the current arrangements each council is guaranteed a share of the total available funding. Funding provided under the Roads to Recovery programme is not intended to replace council spending on roads or State Government assistance to councils for local road construction or maintenance. At the time of budget preparation the allocation for the 2015-16 financial year was a double allocation of $910,000, however, on 23 June 2015 advice was received that a further increase of allocation would be available in 2015-16. The allocation for the Shire was increased to $1,301,516. In June 2015 the Shire’s Asset Management Services business unit completed a review of the Shire’s road network condition which identified and prioritised the needs of the road network. As a result of this analysis the Shire’s road reseal and asphalt overlay program increased from $404,000 to $700,000. This report was also the basis for the 2015-16 road reseal and asphalt overlay program project selection. Other projects being funded or partially funded by the Roads to Recovery programme include Auger Way pavement reconstruction, Tunbridge Street asphalt overlay (completed), Townview Road asphalt overlay (completed), Leeuwin Road reconstruction, Rosa Brook Road reconstruction (underway) and Wallcliffe Road reconstruction.


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CONSULTATION AND ADVICE External Consultation Nil Internal Consultation Nil DISCUSSION / OFFICER COMMENTS The increase in the Roads to Recovery funding is an opportunity to reduce the backlog of road reseals. For the long term function of the road network it is vital to keep up with the reseal demand as it prevents water from intruding into the pavement, which in turn contributes to deterioration of the pavement material and ultimately more expensive pavement rehabilitation and reconstruction. The focus is on longer, connecting roads within the Shire’s network. A section of Auger Way was already identified for reconstruction this year. The additional funding allows the scope of works to be extended to incorporate additional areas of pavement failure. All Roads to Recovery works will be delivered in the 2015-16 financial year. STATUTORY ENVIRONMENT / LEGAL IMPLICATIONS Section 6.8(1) of the Local Government Act 1995 states that: “A local government is not to incur expenditure from its municipal fund for an additional purpose except where the expenditure — (a) is incurred in a financial year before the adoption of the annual budget by the local government; or (b) is authorised in advance by resolution*; or (c) is authorised in advance by the mayor or president in an emergency.” Point (b) requires the resolution be adopted by an absolute majority of Council. STRATEGIC PLAN / POLICY IMPLICATIONS Asset Management Plan Corporate Business Plan 2015-2019 Goal 5: Effective leadership and governance Outcome 2: Effective strategy, planning and asset management Strategic Response: Maintain and renew Shire assets according to agreed standards PLANNING FRAMEWORK Nil FINANCIAL IMPLICATIONS Unbudgeted expenditure of $391,516 will be incurred in the Construction Transport business unit. This expenditure will be matched by unbudgeted grants for the same amount. Consequently, there is not expected to be any adverse impact on the Shire’s budgeted financial position. SUSTAINABILITY IMPLICATIONS Environmental Nil Social Nil Economic Nil VOTING REQUIREMENTS Absolute Majority


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RECOMMENDATION That Council approve unbudgeted expenditure of:



ADVICE TO APPLICANT / PROPONENT Nil ATTACHMENTS Nil RECOMMENDATION / COUNCIL DECISION CR HASTIE, CR SMART OM2015/225 That Council approve unbudgeted expenditure of:





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11.4. Corporate and Community

Services


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11.4.1 SPORTS AND RECREATION ADVISORY COMMITTEE MEETING MINUTES 7 OCTOBER 2015 LOCATION/ADDRESS Shire of Augusta Margaret River APPLICANT/LANDOWNER Shire of Augusta Margaret River FILE REFERENCE REC/36 REPORT AUTHOR Hannah Waters, Personal Assistant Corporate and Community

Services AUTHORISING OFFICER Annie Riordan, Director Corporate and Community Services IN BRIEF • On 7 October 2015 the Sports and Recreation Advisory Committee (SRAC) held its bi-monthly

meeting. • At this meeting recommendations were passed proposing that:

o The minutes of the SRAC held 5 August 2015 be confirmed as a true and correct record of the meeting; and

o The SRAC support the installation of a cricket pitch on the Nippers Oval and associated synthetic cover.

RECOMMENDATION That Council:

1. Receives the minutes of the Sport and Recreation Advisory Committee meeting held 7 October 2015; and

2. Notes the installation of a cricket pitch on the Nippers Oval and associated synthetic cover. LOCATION PLAN Nil TABLED ITEMS Nil BACKGROUND Sports and Recreation Advisory Committee meetings are held bi-monthly on the first Wednesday of the month. CONSULTATION AND ADVICE External Consultation SRAC delegates Internal Consultation Nil DISCUSSION / OFFICER COMMENTS Support for the installation of a cricket pitch on Nippers Oval and associated synthetic pitch cover The Margaret River Hawks Cricket Club and the Margaret River Junior Cricket Club distributed a comprehensive information booklet to committee members relating to the installation of a new cricket pitch and synthetic cover on the Nippers Oval. The booklet contained information on the history of cricket in Margaret River, pros and cons of installing the cricket pitch and cover, consultation with major stakeholders, research into alternative options, proposed team fixtures on Gloucester Park to accommodate displaced users of the Nippers


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Oval, the installation procedure should their request be successful and outlined who would be responsible for the installation and ongoing costs associated with the pitch and cover. After discussions about the practical use, life and replacement costs of the pitch and cover, and the assurance to the rugby club that they would always have a home ground in Margaret River the committee gave their support to proceed with the installation. Cessation of Committee due to Local Government Elections The committee were advised that it would be the last meeting before the SRAC is dissolved prior to the Local Government Elections being held on the 17 October 2015 and that there would be a call for nominations for a new committee in the local paper during October. STATUTORY ENVIRONMENT / LEGAL IMPLICATIONS Nil STRATEGIC PLAN / POLICY IMPLICATIONS Community Strategic Plan 2033 (CSP) Corporate Business Plan 2015-2019 Goal 5: Effective leadership and governance Community Outcome: Effective governance and corporate leadership Strategic Response 1.5: Develop effective partnerships and strategic alliances to maximise community benefits Service level strategy/plan 1.5.1: Hold regular meetings with the Sports and Recreation Advisory Committee PLANNING FRAMEWORK Nil FINANCIAL IMPLICATIONS The Margaret River Hawks Cricket Club and the Margaret River Junior Cricket Club will purchase and install the wicket. The synthetic cover will be jointly funded between the cricket clubs and the Shire with the Shire providing a $5,000 contribution from the existing Gloucester Park capital expenditure budget. Annual installation and removal of the matting will be completed by the Shire’s Parks and Gardens team and included in their operational budget. The synthetic pitch playing surface has a 7-8 year lifespan with an estimated replacement cost of $7,500 and the protective matting that sits on top of the pitch has a lifespan of 10-15 years with an estimated replacement cost of $8,500. Based on these assumptions, a contribution of $1,922 p.a. will be set aside into the Community Facilities Reserve to cover the cost of replacement when they reach the end of their lifespan.


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SUSTAINABILITY IMPLICATIONS Environmental Nil Social The installation of an additional cricket wicket will accommodate the expansion of one the major users of Gloucester Park. Economic Nil VOTING REQUIREMENTS Simple Majority RECOMMENDATION That Council:


2. Notes the installation of a cricket pitch on the Nippers Oval and associated synthetic cover. ADVICE TO APPLICANT / PROPONENT Nil ATTACHMENTS 1. Sports and Recreation Advisory Committee meeting minutes and attachments – 7 October 2015 2. Joint proposal from Margaret River Hawks Cricket Club and Margaret River Junior Cricket Club to

install a new cricket pitch and cover on Nippers Oval RECOMMENDATION / COUNCIL DECISION CR KENNAUGH, CR HAYNES OM2015/226 That Council:


2. Notes the installation of a cricket pitch on the Nippers Oval and associated synthetic cover.

CARRIED 7/0


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11.4.2 LIST OF PAYMENTS FOR SEPTEMBER 2015 LOCATION/ADDRESS Shire of Augusta Margaret River APPLICANT/LANDOWNER N/A FILE REFERENCE FIN/42 REPORT AUTHOR Jaye Lanzini, Finance Officer Accounts Payable AUTHORISING OFFICER Annie Riordan, Director Corporate and Community Services Director Corporate and Community Services discloses interest in the credit card expenses which is certified by the Chief Executive Officer. IN BRIEF

• It is a requirement of the Local Government (Financial Management) Regulations 1996 that payments made under delegated authority by the CEO are reported to Council on a monthly basis showing details of each account paid since the last such list was prepared.

RECOMMENDATION That Council notes the September 2015 List of Payments of $9,877,777.05 as certified as correct by the Director Corporate and Community Services. LOCATION PLAN Nil TABLED ITEMS Nil BACKGROUND Where Council has delegated authority to the CEO to make payments from the Shire’s bank accounts then under Local Government (Financial Management) Regulations 1996, Regulation 13 (1) a list of such payments is to be prepared each month for noting by Council. CONSULTATION AND ADVICE External Consultation Nil Internal Consultation Nil DISCUSSION / OFFICER COMMENTS Table 1 below provides a summary of the payments made and Table 2 makes comparison between payments for the 2014/15 and 2015/16 financial years. The List of Payments attachment provides further details as required under Regulation 13 (1). These details are as follows.

(a) The payee’s name; (b) The amount of the payment; (c) The date of the payment; and (d) Sufficient information to identify the transaction.

In order to improve operational efficiency and reduce costs the Shire’s Finance team continually liaise with creditors paid by cheque to encourage them to switch to EFT.


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TABLE 1 – SUMMARY OF PAYMENTS MADE IN THE MONTH

Mode of Payment Cheque / EFT Numbers Sub-Total Amount

Cheques (includes reimbursement of credit cards) 41929-41942 $16,151.74 $16,151.74

EFT 50064-50529 $8,872,218.90 Direct Debits $989,406.41 $9,861,625.31

TOTAL $9,877,777.05

TABLE 2 – COMPARISON WITH PRIOR YEAR OF PAYMENTS MONTH CHEQUES EFT TOTAL PMTS CHEQUES EFT TOTAL PMTS

2014/15 2014/15 2014/15 2015/16 2015/16 2015/16 JULY $27,627.52 $3,382,878.99 $3,410,506.51 18,574.29 3,108,059.98 3,126,634.27 AUGUST $24,371.61 $1,881,379.90 $1,905,751.51 18,321.82 1,980,022.38 1,998,344.20 SEPTEMBER $29,105.88 $10,523,000.04 $10,552,105.92 16,151.74 9,861,625.31 9,877,777.05 OCTOBER $16,883.83 $3,009,076.16 $3,025,959.99 NOVEMBER $37,159.65 $2,423,568.91 $2,460,728.56 DECEMBER $28,403.96 $3,158,418.92 $3,186,822.88 JANUARY $27,233.40 $2,058,456.34 $2,085,689.74 FEBRUARY $22,820.69 $2,080,353.62 $2,103,174.31 MARCH $19,847.73 $5,571,238.52 $5,591,086.25 APRIL $27,247.06 $2,340,113.91 $2,367,360.97 MAY $43.137.58 $2,631,154.74 $2,674,292.32 JUNE $59,529.13 $3,001,795.20 $3,061,324.33

$363,368.04 $42,061,435.25 $42,424,803.29 53,047.85 14,949,707.67 15,002,755.52

STATUTORY ENVIRONMENT / LEGAL IMPLICATIONS Local Government Act 1995, s 6.10, and Local Government (Financial Management) Regulations 1996, r 13 STRATEGIC PLAN / POLICY IMPLICATIONS Community Strategic Plan 2033 (CSP) Corporate Business Plan 2015-2019 Goal 5: Effective leadership and governance Community Outcome 2: Effective strategy, planning and asset management Strategic Response: Ensure the Shire’s financial performance is well managed and leads to a strong financial position Service level strategy/plan: Continue to monitor and analyse monthly, year to date and annual financial performance. PLANNING FRAMEWORK Nil FINANCIAL IMPLICATIONS Nil SUSTAINABILITY IMPLICATIONS Environmental Nil


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Social Nil Economic Nil VOTING REQUIREMENTS Simple Majority RECOMMENDATION That Council notes the September 2015 List of Payments of $9,877,777.05 as certified as correct by the Director Corporate and Community Services. ADVICE TO APPLICANT / PROPONENT Nil ATTACHMENTS 1. List of Payments for September 2015 RECOMMENDATION / COUNCIL DECISION CR KENNAUGH, CR HASTIE OM2015/227 That Council notes the September 2015 List of Payments of $9,877,777.05 as certified as correct by the Director Corporate and Community Services.

CARRIED 7/0


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11.4.3 FINANCIAL ACTIVITY STATEMENT REPORT - SEPTEMBER 2015 LOCATION/ADDRESS N/A APPLICANT/LANDOWNER Shire of Augusta Margaret River FILE REFERENCE FIN/14 REPORT AUTHOR Andrew Ross, Manager Finance AUTHORISING OFFICER Annie Riordan, Director Corporate and Community Services IN BRIEF

• The monthly financial activity statement report is a standard financial reporting item prepared in accordance with the provisions of the Local Government Act 1995 and Regulation 34 of the Local Government (Financial Management) Regulations 1996.

• Council is to consider the financial results for the period ending 30 September 2015. RECOMMENDATION That Council receives the Monthly Financial Report – September 2015 in accordance with Section 6.4 of the Local Government Act 1995 and Regulation 34 of the Local Government (Financial Management) Regulations 1996. LOCATION PLAN Nil TABLED ITEMS Nil BACKGROUND In accordance with Financial Management Regulation 34 the Shire is to prepare each month a Statement of Financial Activity reporting on the sources and applications of funds, as set out in the annual budget under Financial Management Regulation (1) (d), for that month with the following details:

(a) annual budget estimates; (b) budget estimates to the end of the month to which the statement relates; (c) actual amounts of expenditure, revenue and income to the end of the month to which the

statement relates; (d) material variances between the comparable amounts referred to in (b) and (c); and (e) net current assets at the end of the month to which the statement relates.

Also under Financial Management Regulation 34(5) Council are to adopt each year a material variance threshold. At the Ordinary Meeting of Council on 22 July 2015 (OM2015/162) Council adopted a monthly variance for reporting of material variances, where financial activity is greater than 10% and $10,000. CONSULTATION AND ADVICE External Consultation Nil Internal Consultation Business unit managers were provided the draft monthly financial reports for their business units and have provided their comments on variances greater than 10% and $10,000.


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DISCUSSION / OFFICER COMMENTS The commentary contained in the body of this report is in line with Financial Management Regulation (2) (b) that requires commentary on material variances to the Statement of Financial Activity at the nature/type, program or business unit level. The Statement of Financial Activity shows a year to date actual closing position at 30 September of $20.440 million which was higher than the expected year to date budgeted position of $19.593 million. The closing budget position reduced by $3.152 million compared to the result at the end of August, primarily due to the allocation of three months depreciation. The main reasons for the variation to Budget are:

• Operating expenditure on a year to date basis is $0.736 million or 8% below budget (last month was $2.166 million or 39%). Contributing factors are employee expenses being $0.287 million or 8% under budget due to the reversal of accrued salaries at 30 June, staff leave taken during the month and staff vacancies (last month $0.304 million and 15%) and materials being $1.012 million or 36% under budget (last month $0.549 million and 34%).

• Operating revenue is $0.515 million or 2% above budget (last month $0.488 million or 2%) with the main over budget categories being fees and charges and interest earned.

• Year to date capital expenditure of $0.913 million was lower than the $1.335 million anticipated in the budget.

• Grants for capital works are $0.238 million under budget with the main reason for this variance being the timing of road works grants to be received from the Regional Roads Group. This however has been offset by the increased value of developer contributions received.

Capital expenditure of $0.477 million was incurred during the month and included:

• $7,416 for various equipment for Waste Services; • $2,941 on various Parks and Garden items; and • $466,186 on road related projects including $67,292 on various drainage projects $4,579 on

design works for various path projects, $6,871 on the Cowaramup streetscape project, $239,782 on rural reseals and asphalt overlays, $87,697 on gravel reshouldering and re-sheeting, $4,790 on kerb works and $54,291 partly on design and testing works for the reconstruction of Auger Way, Leeuwin Road, Rosa Brook Road and Wallcliffe Road.

Financial performance against budget is shown in the following charts.


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Following is the Statement of Financial Activity for the year ending 30 September 2015.


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SHIRE OF AUGUSTA - MARGARET RIVERSTATEMENT OF FINANCIAL ACTIVITYFOR THE PERIOD ENDING 30 September 2015

BUSINESS UNITS 2014-15 2015-16 2015-16 2015-16 2015-16 YTDLast Year Approved Month of YTD YTD Variance

Actual Budget Sept Budget Actual >10% & Comments$ $ $ $ $ >$10,000

OPERATING REVENUESRates 17,824,736 18,593,760 175,279 18,452,260 18,470,398 0General Financing 2,631,800 1,238,111 92,363 270,407 338,729 68,322 Timing: leases & dividend from Lehman AustraliaMembers of Council 3,770 0 720 480 720 0Chief Executive Officer 41,035 10,000 0 0 20 0Director Corporate & Community 20,846 8,500 537 2,000 1,245 0Director Sustainable Development 4,866 0 0 0 1,000 0Director Infrastructure 0 0 0 0 0 0Finance 6,288 3,000 993 0 993 0Records 335 0 30 0 30 0Customer and Information Services 5,470 5,000 77 1,200 354 0Customer Relations 187,272 199,000 14,358 49,500 46,439 0Information Comm. Technology 1,262 0 1,150 0 1,350 0Human Resources 132,597 10,000 0 0 0 0Community Development 76,490 28,536 616 3,800 885 0Emergency and Fire Services 389,444 243,663 0 63,108 51,908 (11,200) Timing: Contributions not yet receivedRangers 180,551 191,250 11,645 33,100 28,255 0Libraries 35,676 32,400 3,443 8,100 8,612 0Health 94,545 100,552 5,165 62,898 60,431 0Child Care 297,482 272,900 14,095 73,200 55,333 (17,867) Timing: grant incomeWaste Services 4,137,710 4,118,693 39,516 3,370,971 3,751,286 380,315 Timing: Services billed in JulyTown Planning 387,950 373,000 57,174 95,750 116,133 20,383 Perm: More fees for Development ApplicationsCommunity Buildings 135,326 0 0 0 0 0MR Recreation Centre 935,010 902,000 75,328 234,000 236,532 0Cultural Centre 5,314 8,400 753 2,100 1,665 0Augusta Recreation Centre 25,521 40,000 2,688 10,000 5,349 0Gloucester Park 75,179 66,000 4,172 37,000 28,804 0Beach Lifeguards 0 0 0 0 0 0Parks and Gardens 4,631 4,700 0 4,700 4,663 0Asset Services 113,919 157,800 40,240 18,500 63,293 44,793 Perm: Subdivision inspection feesLandcare 0 0 0 0 5,968 0Construction 0 0 0 0 0 0Maintenance 1,381,986 0 0 0 0 0Plant Program 61,907 16,645 0 3,405 0 0Caravan Parks 2,001,184 1,941,500 95,452 126,970 166,383 39,413 Perm: Occupancy higher than expectedBuilding Control 261,745 213,360 22,436 53,340 50,543 0Works Overheads 240 0 0 0 0 0Plant Operation Costs 0 0 0 0 625 0Other Property and Services 84,658 40,000 0 10,000 3,765 0TOTAL REVENUES 31,546,743 28,818,770 658,230 22,986,789 23,501,711 514,922

OPERATING EXPENSESRevenue (438,447) (310,483) (30,334) (78,526) (78,097) 0General Financing (602,597) (643,968) (114,731) (153,304) (144,480) 0Members of Council (257,070) (338,101) (30,074) (73,694) (69,309) 0Chief Executive Officer (899,986) (1,056,597) (96,751) (337,835) (253,897) 83,938 Timing: projects and trainingDirector Corporate & Community (531,454) (561,939) (131,745) (156,100) (199,463) (43,363) Timing: Contributions profiled for OctoberDirector Sustainable Development (569,532) (630,848) (74,266) (170,112) (153,229) 16,883 Timing: labour costsDirector Infrastructure (279,231) (300,269) (31,308) (79,731) (68,170) 11,561 Timing: labour costsFinance (881,805) (911,928) (45,615) (344,760) (334,630) 0Records (154,416) (165,663) (17,632) (43,157) (39,715) 0Customer and Information Services (358,703) (388,512) (48,132) (97,596) (97,382) 0Customer Relations (421,459) (463,566) (53,844) (123,722) (110,027) 13,695 Timing: labour costsInformation Comm. Technology (885,197) (1,061,959) (147,059) (543,356) (389,673) 153,683 Timing: projects not yet commencedHuman Resources (642,333) (668,901) (72,069) (184,453) (168,729) 0Community Development (444,159) (572,975) (55,079) (139,785) (104,172) 35,613 Timing: projects and labour costsEmergency and Fire Services (761,957) (734,574) (85,653) (237,127) (243,828) 0Rangers (541,808) (608,652) (67,470) (177,165) (130,826) 46,339 Timing: labour costs and stationery printing costsLibraries (800,608) (846,667) (97,868) (247,800) (227,485) 0Health (482,168) (564,056) (61,974) (149,617) (143,893) 0Child Care (277,475) (289,892) (24,620) (76,087) (69,399) 0Waste Services (2,032,292) (2,543,794) (161,032) (710,939) (446,549) 264,390 Timing: projects and operationsTown Planning (949,232) (1,080,292) (118,904) (288,003) (257,121) 30,882 Timing: labour costs and projectsCommunity Buildings (1,913,798) (1,931,187) (138,498) (489,305) (399,560) 89,745 Timing: consultants to be appointedMR Recreation Centre (1,982,652) (2,220,767) (208,454) (570,553) (516,635) 53,917 Timing: labour costs Cultural Centre (361,094) (345,270) (8,871) (145,440) (143,965) 0Augusta Recreation Centre (72,147) (121,646) (3,252) (26,676) (9,513) 17,163 Timing: maintenance and no labour allocationGloucester Park (239,691) (240,100) (13,775) (59,800) (38,201) 21,599 Perm: Depn reduced by Infrastructure assets revalBeach Lifeguards (97,772) (122,568) (233) 0 (566) 0Parks and Gardens (2,042,742) (2,122,174) (258,348) (527,719) (621,905) (94,186) Perm: Reval of P&G Infrastructure assetsAsset Services (1,121,734) (1,089,514) (96,662) (303,490) (215,249) 88,241 Timing projects and utilitiesLandcare 0 (305,581) (84,516) (91,085) (118,087) (27,002) Timing: projects completed ahead of scheduleMaintenance (8,453,166) (7,172,186) (669,403) (1,954,374) (1,927,565) 0Plant Program (36,159) (55,139) (1,462) (14,597) (3,995) 10,602 Timing: assets not sold at this timeCaravan Parks (1,161,974) (1,301,829) (99,826) (303,598) (189,078) 114,520 Timing: labour costs and equipment purchasesBuilding Control (196,363) (218,246) (18,778) (58,688) (37,185) 21,503 Timing: labour costsWorks Overheads (53,732) (74,023) (120,785) (29,586) (78,526) (48,941) Timing: labour costsPlant Operation Costs 442,788 27,676 31,448 (54,267) (45,799) 0Other Property and Services 371,209 (60,000) (241,916) (12,500) (242,366) (229,866) Perm: Book loss on sale of propertyTOTAL EXPENSES (30,130,954) (32,096,190) (3,499,489) (9,054,546) (8,318,271) 736,276

NET OPERATING SURPLUS/(DEFICIT) 1,415,789 (3,277,420) (2,841,259) 13,932,243 15,183,440 1,251,198


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SHIRE OF AUGUSTA - MARGARET RIVERSTATEMENT OF FINANCIAL ACTIVITYFOR THE PERIOD ENDING 30 September 2015

BUSINESS UNITS 2014-15 2015-16 2014-15 2015-16 2015-16 YTDLast Year Approved Month of YTD YTD Variance

Actual Budget Sept Budget Actual >10% & Comments$ $ $ $ $ >$10,000

NON OPERATING GRANTS & CONTRIBUTIONSEmergency and Fire Services 345,579 320,000 0 0 0 0Waste Services 26,450 0 0 0 0Town Planning 0 200,000 310,142 50,000 422,295 372,295 Timing: Contributions received from developersCommunity Buildings 0 1,650,000 0 0 8,754 0Cultural Centre 195,500 0 0 0 0 0Augusta Recreation Centre 0 30,000 30,000 0 (30,000) Timing: Pool Revitalisation Grant not yet receivedParks and Gardens 134,400 0 0 0 0 0Asset Services 0 37,125 0 0 0 0Construction 2,033,853 3,156,561 12,435 946,400 357,556 (588,844) Timing: RRG grants not yet receivedCaravan Parks 0 0 0 0 0 0TOTAL NON OPERATING REVENUES 2,735,782 5,393,686 322,577 1,026,400 788,605 (237,795)

NET RESULT 4,151,571 2,116,266 (2,518,683) 14,958,643 15,972,046 1,013,403

ADJUSTMENTS FOR NON-CASHREVENUE AND EXPENDITURE

Add back Depreciation 6,935,832 7,076,400 (662,007) 1,768,950 2,041,020 272,070 Increased depn due to Infrastructure revalAdd back (Profit)/Loss Asset Disposal (7,873) 18,494 (223,578) 7,192 228,320 221,128 Loss on sale of MR Pre-school CentreAdd back Movement in Provisions,etc (168,961) 0 (18,815) 0 (18,815) (18,815)Movement in Provisions and Accruals 4,699 0 0 0 0 0Fair value change to financial assets (49,500) 0 0 0 0 0

6,714,197 7,094,894 (904,399) 1,776,142 2,250,525 474,383

CAPITAL EXPENDITUREPurchase Land Held for Resale 0 0 0 0 0 0Purchase Land and Buildings (1,203,382) (5,003,651) (325) (175,401) (70,772) 104,629 Timing: IRC works completed ahead of schedulePurchase Infrastructure Assets - Other (2,511,271) (1,569,651) (3,034) (299,997) (10,833) 289,164 Timing: waste management worksPurchase Infrastructure Assets - Roads (2,198,886) (5,677,616) (466,186) (307,751) (812,321) (504,570) Timing: works commenced ahead of schedule due to

favourable weather conditionsPurchase Plant and Equipment (870,153) (1,280,191) (279) (492,491) (976) 491,515 Timing: Aquatic Centre DehumidifierPurchase Furniture and Equipment (103,794) (258,593) (7,416) (51,893) (18,500) 33,393 Timing: Waste Services weighbridge software

Repayment of Debentures (568,684) (641,676) (103,438) (180,280) (178,539) 0Advances to Community Groups (12,768) (50,000) 0 (50,000) (50,000) 0Transfers to Cash Reserves (4,485,065) (2,280,753) (946,666) 0 (982,398) (982,398) Property sale proceeds, LBA dividend, interest

(11,954,003) (16,762,131) (1,527,344) (1,557,813) (2,124,340) (566,527)

CAPITAL REVENUEProceeds from Disposal of Assets 193,842 1,160,228 0 1,001,728 909,000 (92,728)Proceeds from Disposal of Investments 0 0 0 0 0 0Proceeds from Self-Supporting Loan 832 13,034 2,341 3,661 2,341 0Proceeds from New Loan 1,081,600 0 0 0 0Transfers from Cash Reserves 1,891,106 1,885,400 0 0 0 0

2,085,780 4,140,262 2,341 1,005,389 911,341 (94,048)

SURPLUS/(DEFICIT) JULY 1 B/FWD 2,433,267 3,410,710 3,410,710 3,430,813 0

SURPLUS/(DEFICIT) C/FWD 3,430,813 (0) (4,948,085) 19,593,071 20,440,385 847,315 Investments At 30 September 2015 the Shire’s cash on hand, deposits and investments totalled $22,973,232 and total investment interest earned for the month was $46,966. Actual interest earned for the year to date of $115,380 exceeded the budget of $91,248.

Term Deposits – Cash Management At the end of September the Shire had the following short-term facilities (term deposits).


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Term Days Maturity Institution (ADI) Principal $

Interest Rate Interest $

126 20/1/16 Westpac 1,500,000 2.62% 13,567 186 8/3/16 AMP 1,500,000 2.90% 22,167 183 16/3/16 Members Equity Bank 1,500,000 2.75% 20,682 268 10/6/16 Bank of Queensland 1,500,000 2.75% 30,288 365 28/7/16 National Australia Bank 1,000,000 2.89% 28,900 365 16/8/16 Bankwest 4,000,000 2.80% 112,000 365 6/9/16 Bankwest 2,000,000 2.70% 54,000 367 12/9/16 NAB 3,000,000 2.80% 84,460 366 14/9/16 NAB 2,000,000 2.80% 56,153

18,000,000 422,217 A term deposit of $2 million with Bankwest matured during the month and was rolled over for 12 months. Two investments with NAB of $2 million matured during the month and were each rolled over for 12 months with the principal of one being increased to $3 million. The purpose of having investments with a 12 month maturity timeframe is to ensure the Shire’s reserves balance at 30 June 2016 is cash backed. Surplus funds arising from the receipt of rates and services payments allowed for four new investments of $1.5 million each to be placed with various institutions with maturity dates prior to 30 June in order to meet cash flow needs. The average rate of interest to be paid on all of the term deposits is 2.78%.


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Held for Trading CDOs The Shire no longer has any CDOs in its investment portfolio. As a result of the class action for these CDOs an interim distribution of 10.99 cents from the scheme fund, which comprises amounts recovered by Lehman Australia’s liquidators from some of Lehman Australia’s insurers, was announced at the end of August. The Shire’s admitted claim is $442,052 and the dividend payment equates to $48,581 before allocation of the Shire’s share of legal and associated costs. As the matter has been in progress for some time the accrued costs are high and resulted in an amount of $18,171 being provided to the Shire in September. The lawyers dealing with the matter have advised the interim distribution was lower than anticipated as the liquidators only made a distribution from the scheme fund and not the liquidation of Lehman Australia. The process of making a distribution from the liquidation is expected to commence in October 2015 and it is possible the dividend from the general estate could be in the order of 20 to 40 cents. The liquidators have indicated a further dividend will be issued later this year.

In-Kind Support In-Kind support and fee waivers at 30 September 2015 totalled $5,692 and included $392 of fees waived under delegation. In addition $5,300 was provided in sponsorships for sports representatives. Reserves Movement to reserves represent interest earned on reserve funds for the year to date and some specific transfers to and from reserves. During the month of September the $909,000 proceeds from the sale of the old Kindy site were transferred to the Margaret River Redevelopment reserve and the distribution received from Lehman Australia’s liquidators was transferred to the Community Facility reserve. STATUTORY ENVIRONMENT / LEGAL IMPLICATIONS Financial Management Regulation 34 requires a local government to prepare each month a Statement of Financial Activity reporting on the sources and applications of funds, as set out in the annual budget under Financial Management Regulation 22(1) (d).


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STRATEGIC PLAN / POLICY IMPLICATIONS Community Strategic Plan 2033 (CSP) Corporate Business Plan 2015-2019 Goal 5: Effective leadership and governance Community Outcome 2: Effective strategy, planning and asset management Strategic Response: Ensure the Shire’s financial performance is well managed and leads to a strong financial position PLANNING FRAMEWORK Nil FINANCIAL IMPLICATIONS The overall financial performance of the Shire is as summarised in this report. SUSTAINABILITY IMPLICATIONS Environmental Nil Social Nil Economic As stated in the report. VOTING REQUIREMENTS Simple Majority RECOMMENDATION That Council receives the Monthly Financial Report – September 2015 in accordance with Section 6.4 of the Local Government Act 1995 and Regulation 34 of the Local Government (Financial Management) Regulations 1996. ADVICE TO APPLICANT / PROPONENT Nil ATTACHMENTS 1. Monthly Financial Report consisting of:

a. Notes to and forming part of the Statement of Financial Activity b. Financial Reports by Business Units

RECOMMENDATION / COUNCIL DECISION CR HAYNES, CR KENNAUGH OM2015/228 That Council receives the Monthly Financial Report – September 2015 in accordance with Section 6.4 of the Local Government Act 1995 and Regulation 34 of the Local Government (Financial Management) Regulations 1996.

CARRIED 7/0


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11.4.4 MINUTES OF AUDIT AND RISK MANAGEMENT COMMITTEE MEETING HELD ON 14 OCTOBER 2015 LOCATION/ADDRESS N/A APPLICANT/LANDOWNER Shire of Augusta Margaret River FILE REFERENCE FIN/7 REPORT AUTHOR Andrew Ross, Manager Finance AUTHORISING OFFICER Annie Riordan, Director Corporate and Community Services IN BRIEF • On 14 October 2015 the Audit and Risk Management Committee held its first meeting for 2015-

16. • The meeting considered the Annual Financial Report for 2014-15, Auditor’s Report, Auditor’s

Management Report and Audit and Risk Management Committee Meeting Schedule for 2015-16. • The Audit and Risk Management Committee would also normally conduct a telephone conference

with the Shire’s Auditor however due to the Auditor’s other commitments this has been deferred RECOMMENDATION That Council receives the minutes of the Audit and Risk Management Committee meeting held on 14 October 2015. LOCATION PLAN Nil TABLED ITEMS Nil BACKGROUND Council’s Audit and Risk Management Committee (ARMC) comprises all members of Council and operates in accordance with the Augusta Margaret River Audit and Risk Management Committee Instrument of Appointment and Delegation. The Committee is required to discharge the legislative obligations outlined in the Local Government Act 1995 and the Local Government (Audit) Regulations 1996. CONSULTATION AND ADVICE External Consultation Nil Internal Consultation Nil DISCUSSION / OFFICER COMMENTS The meeting minutes are self-explanatory and there were no items raised during the meeting that required follow-up. In brief the Committee:

• Received the Annual Financial Report and commented on the favourable results for the year; • Received the Auditor’s Management Report and commented on the ratios analysis; and • Noted the proposed schedule of meetings for 2015-16.

An important function of the Committee is to meet with the Auditor at least once a year and normally a telephone conference call would be conducted with the Shire’s Auditor Mr Wen-Shien Chai of Moore Stephens (formerly UHY Haines Norton). Unfortunately Mr Wen-Shien Chai had other commitments


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that did not allow him to be contacted during the course of this meeting so this conversation will need to occur at another time. STATUTORY ENVIRONMENT / LEGAL IMPLICATIONS Regulation 16 of the Local Government (Audit) Regulations 1996 states that “An audit committee — (a) is to provide guidance and assistance to the local government — (i) as to the carrying out of its functions in relation to audits carried out under Part 7 of the Act; and (ii) as to the development of a process to be used to select and appoint a person to be an auditor; and (b) may provide guidance and assistance to the local government as to — (i) matters to be audited; and (ii) the scope of audits; and (iii) its functions under Part 6 of the Act; and (iv) the carrying out of its functions relating to other audits and other matters related to financial management; and (c) is to review a report given to it by the CEO under regulation 17(3) (the CEO’s report) and is to — (i) report to the council the results of that review; and (ii) give a copy of the CEO’s report to the council.” STRATEGIC PLAN / POLICY IMPLICATIONS Community Strategic Plan 2033 (CSP) Corporate Business Plan 2015-2019 Goal 5: Effective leadership and governance Community Outcome 2: Effective strategy, planning and asset management Strategic Response: Ensure the Shire’s financial performance is well managed and leads to a strong financial position Service level strategy/plan: Preparation of financial reports PLANNING FRAMEWORK Nil FINANCIAL IMPLICATIONS There are no financial implications associated with the adoption of the Committee minutes. SUSTAINABILITY IMPLICATIONS Environmental Nil Social Nil Economic Nil VOTING REQUIREMENTS Simple Majority RECOMMENDATION That Council receives the minutes of the Audit and Risk Management Committee meeting held on 14 October 2015. ADVICE TO APPLICANT / PROPONENT Nil ATTACHMENTS 1. Minutes of the Audit and Risk Management Committee meeting 14 October 2015. 2.


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RECOMMENDATION / COUNCIL DECISION CR SMART, CR HASTIE OM2015/229 That Council receives the minutes of the Audit and Risk Management Committee meeting held on 14 October 2015.

CARRIED 7/0

12. MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN

Nil

13. MOTIONS FOR CONSIDERATION AT NEXT MEETING

Nil 14. NEW BUSINESS OF AN URGENT NATURE

14.1. Members

Nil

14.2. CEO

Nil

15. CONFIDENTIAL BUSINESS

Nil

16. CLOSURE OF MEETING

The Shire President thanked all in attendance and declared the meeting closed at 6.13pm.

Ordinary Council - Shire of Augusta-Margaret River · 2015-10-29 · I advise that an Ordinary...

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