22 March 2016 - Attachment 8.1.1a

 The Old Post Office Inlet Drive Denmark WA (08)9848 2285 [email protected] www.spiritofplay.wa.edu.au Annette Harbron Director of Planning and Sustainability Shire of Denmark 23rd February 2016 PLANNING APPLICATION FOR TEMPORARY CLASSROOM AND EXTENSION OF LEASE AREA Dear Annette I am writing to you on behalf of the Spirit of Play Community School Council. As discussed with yourself and Cliff Frewing on 10th February 2016, the School is under pressure from the Department of Education Services (DES) to provide an additional classroom to accommodate our growing student numbers. BACKGROUND ON NEED FOR CLASSROOM At this point our understanding from the DES is that they are unable to provide us with registration to Year 3 in 2016 (as was planned) unless we have an additional classroom. It is important to note that the DES did not inform us of this issue until the 4th of January 2016, and so our planning for the upcoming year has been severely disrupted. While the School put in an application for Change of Registration on 11th January to extend our registration to Year 3 for 2016, we have not yet heard back from the DES on this matter. Our informal understanding is that the DES is waiting to see whether we are likely to be successful in obtaining the Shire’s permission to build a temporary classroom before they respond to our application. The parents of the students who were expecting to attend the School as Year 3’s this year have now opted to homeschool their children rather than send their children to Denmark Primary, partly because the facilities there are also under strain and the classes are large. This is not an ideal situation and it is our understanding that these families will return to our School as soon as we are able to offer Year 3. LEASE ARRANGEMENTS WITH THE SHIRE The School is of the understanding that, in line with previous Council resolutions, our lease with the Shire will terminate in December 2018. We have based all of our planning on this fact and do not dispute it. As you are aware, we are actively searching for a suitable site to relocate the School to. We are hopeful that this will be found soon, and we continue to investigate all suitable options as they arise. We would like to thank you for your work in helping us clarify what the Planning issues are likely to be at any given site. This application for a temporary classroom is based on our ability to dismantle the proposed building when a new site has been purchased or leased, and move it to our new location. We are very much 22 March 2016 - Attachment 8.1.1a
The Old Post Office Inlet Drive Denmark WA (08)9848 2285 [email protected] www.spiritofplay.wa.edu.au aware that our current lease area forms part of the Railway Heritage Precinct and that there are a number of other stakeholders who need to be consulted on any change to our buildings or lease area. SPECIFICS OF PROPOSAL In putting together this proposal we have endeavored to find an option that presents the least possible change to the visual landscape of the area. We propose to locate the temporary classroom within our current lease area, adjacent to the Post Office Building (please see attached site plans). We are proposing to locate the new structure mainly on the footprint of our existing outdoor undercover area, which will be removed to make way for the temporary classroom. The color scheme to be used in the roofing and cladding of the building will match the existing Post Office Building, and we believe the design matches that of the other buildings in the area, specifically the Lion’s Club building. As part of our requirements to meet the Building Code of Australia for School buildings (Class 9b) we need to increase the current number of toilets on the site by at least two. Currently we are hiring portable toilets to fill this need. We propose to locate an ablution block consisting of two separate toilets to the West of the proposed Temporary Classroom, on the footprint of an existing storage shed. This shed will be relocated. We are also requesting an increase of our lease area to allow the children more ‘running space’ within the fenced boundaries of the school. Our current boundaries encompass 1209 sqm, of which some 940 sqm will be available for play areas once the new building is constructed. Given that our current enrolments are 47 children ranging in age from 3 to 7 years of age, and we are expecting to grow, with waiting lists in two year groups already, we feel that our duty of care to the students requires the provision of some additional space for their play time. We are requesting an additional 752 sqm of open space immediately adjacent to the South-­‐Western boundary of our current lease area, running from our fence line to the existing walk/bike trail (see attached site plan). We propose to keep this as an open grassy area with the associated vegetation left intact, we ask simply to extend our fenced area to encompass this space. We are of course, very happy to increase the amount of rent paid to the Shire in accordance with the increased area to be leased. We would like to thank the Shire for their continued support as our landlords, and for the previous 2014 decision to allow an increase in our leased area. We acknowledge that without the Shire’s support we would not be in the strong position that we currently enjoy. I hope that the above and the attached plans provide sufficient information for the Council’s decision making process, however, if you should need further information please do not hesitate to contact me. Zoe Car Chairperson Spirit of Play Community School Council 22 March 2016 - Attachment 8.1.1b
FORM V3 - LAA
WESTERN AUSTRALIA
LAND ADMINISTRATION ACT 1997
TRANSFER OF LAND ACT 1893 as amended
VARIATION OF LEASE OF CROWN LAND (XE)
LEASE (NOTE 1)
DESCRIPTION OF LAND (NOTE 2)
Portion of Reserve 30277 on Deposited Plan
P39348
EXTENT
VOLUME
Portion
LR3128
FOLIO
653
LESSOR (NOTE 3)
Shire of Denmark, PO Box 183, Denmark WA 6333
LESSEE (NOTE 4)
SPIRIT OF PLAY COMMUNITY SCHOOL INC. of Inlet Drive, Denmark WA 6333
LIMITATIONS, INTERESTS, ENCUMBRANCES and NOTIFICATIONS (NOTE 5)
NIL
THE LESSOR AND LESSEE HEREBY VARY THE PROVISIONS CONTAINED IN THE ABOVE LEASE IN THE
FOLLOWING MANNER
VARIATION OF PROVISIONS (NOTE 6)
Increase the leased area to 1,961 square metres (as per the plan attached).
Dated this 23rd
day of MARCH
LESSOR SIGN HERE (NOTE 7)
in the year 2016
LESSEE/S SIGN HERE (NOTE 7)
Signed
Signed
The Common Seal of
SHIRE OF DENMARK
was hereunto affixed
in the presence of
________________________
Cr David James Morrell
Shire President
in the presence of
________________________
Mr Alexander Clifford Frewing
Chief Executive Officer
22 March 2016 - Attachment 8.1.1c
Office Use Only
INSTRUCTIONS
1. If insufficient space in any section, Additional Sheet
Form B1 should be used with appropriate headings.
The boxed sections should only contain the words
“See Annexure …”.
2. Additional Sheets shall be numbered consecutively
and bound to this document by staples along the left
margin prior to execution by parties.
3. No alteration should be made by erasure. The words
rejected should be scored through and those
substituted typed or written above them, the alteration
being initialled by the person signing this document
and their witnesses.
VARIATION OF LEASE OF CROWN LAND
(XE)
LODGED BY
ADDRESS
4. Lessee’s copy of Lease must be produced.
NOTES
1. LEASE
Document number to be stated.
PHONE No.
FAX No.
REFERENCE No.
2. DESCRIPTION OF LAND
Lot and Diagram/Plan number to be stated.
Extent – Whole, part or balance of the land comprised
in the Certificate of Title/Crown Land Title to be stated.
The Certificate of Title/Crown Land Title Volume and
Folio number to be stated.
ISSUING BOX No.
3. LESSOR
State full name of the Lessor(s) and the address(es)
to which future notices can be sent.
ADDRESS
4. LESSEE
State full name of the Lessee(s) and the address(es)
to which future notices can be sent.
PHONE No. (08) 9848 0300
5. LIMITATION, INTERESTS, ENCUMBRANCES AND
NOTIFICATIONS
In this panel show those Limitations, interests,
encumbrances and notifications affecting the lease: If
none show “nil”.
PREPARED BY Shire of Denmark
FAX No.
PO Box 183
DENMARK WA 6333
(08) 9848 1985
INSTRUCT IF ANY DOCUMENTS ARE TO ISSUE TO
OTHER THAN LODGING PARTY
6. VARIATION OF PROVISIONS
State variation in the panel provided.
7. LESSORER/LESSEE EXECUTION
A separate attestation is required for every person
signing this document. Each signature should be
separately witnessed by an Adult Person. The
address and occupation of the witness must be stated.
EXAMINED
TITLES, LEASES, DECLARATIONS ETC LODGED
HEREWITH
1.
___________________________
Received Items
2.
___________________________
Nos.
3.
___________________________
4.
___________________________
5.
_____________________________
6.
_____________________________
Receiving Clerk
Registered pursuant to the provisions of the TRANSFER
OF LAND ACT 1893 as amended on the day and time
shown above and particulars entered in the Register.