SHIRE OF
CARNARVON
MINUTES
ORDINARY COUNCIL
MEETING
27 SEPTEMBER 2016
CONFIRMATION OF MINUTES
These minutes were confirmed by the
Council on –
……………………………………………….
As a true and accurate record
………………………………………………..
CHAIRMAN
SHIRE OF CARNARVON
DISCLAIMER
No responsibility whatsoever is implied or accepted by the Shire of Carnarvon for any act, omission or statement or
intimation occurring during Council/Committee Meetings or during formal/informal conversations with Staff or
Councillors. The Shire of Carnarvon 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 or intimation occurring during
Council/Committee Meetings or discussions. Any person or legal entity who acts or fails to act in reliance upon any
statement 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 limitation of approval made by a member or officer of the Shire
of Carnarvon during the course of any meeting is not intended to be and is not taken as notice of approval from the Shire
of Carnarvon. The Shire of Carnarvon warns that anyone who has an application lodged with the Shire of Carnarvon must
obtain and only should rely on WRITTEN CONFIRMATION of the outcome of the application, and any conditions attaching
to the decision made by the Shire of Carnarvon in respect of the application.
Ian D’Arcy
CHIEF EXECUTIVE OFFICER
2
Full Council Minutes – 27 September 2016
TABLE OF CONTENTS
TO MINUTES – 27 SEPTEMBER 2016
1.0
ATTENDANCES & APOLOGIES ................................................................................................. 3
2.0
PUBLIC & ELECTED MEMBER QUESTION TIME ...................................................................... 3
3.0
DECLARATIONS OF INTEREST ................................................................................................. 3
4.0
QUESTIONS OF WHICH DUE NOTICE HAS BEEN GIVEN ......................................................... 3
5.0
CONFIRMATION OF MINUTES.......................................................................................... 4
6.0
PETITIONS AND MEMORIALS ................................................................................................. 4
7.0
ANNOUNCEMENTS BY THE PRESIDENT WITHOUT DISCUSSION ............................................ 4
8.0
REPORTS OF OFFICERS
8.0
DEPARTMENTAL REPORTS
8.1 GOVERNANCE
8.1.1
8.1.2
Actions Performed under Delegated Authority ...........................................................4
Proposed Allocation of Funding – HMAS Sydney Memorial ........................................9
8.2
CORPORATE & COMMUNITY SERVICES
8.2.1
8.2.2
8.2.3
8.2.4
8.2.5
Accounts for Payment August 2016 ......................................................................... 14
Management Report August 2016 ............................................................................ 16
Investments – August 2016....................................................................................... 22
Audit Committee Minutes......................................................................................... 24
Fees & Charges Variations for 2016/2017 ................................................................ 25
8.3
DEVELOPMENT SERVICES
8.3.1
8.3.2
8.3.3
8.3.4
8.3.5
8.3.6
Endorsement Carnarvon Community College Car Park Marmion Street.................. 29
DA – Carnarvon Yacht Club Ablution Block, Pump House & Water Tank ................. 34
DA - Guyed Mast Structure and Fencing to Guy Blocks Broadcast Aust. .................. 40
Motor Vehicle Wash – TPS No. 10 Zoning................................................................. 46
DA – Oversized Caretakers Dwelling – Lot 141 NWCH South Plantations ................ 51
Proposed Waste Local Law ....................................................................................... 57
3
Full Council Minutes – 27 September 2016
8.3.7
Request to Waive Fee – Shire of Carnarvon Pet Registration Day Event.................. 61
8.4
INFRASTRUCTURE SERVICES
8.4.1
8.4.2
Infrastructure Status Report September 2016 ......................................................... 63
2016 Kidsafe Playground Audit Report ..................................................................... 65
9.0 MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN ............................................................ 67
10.0
URGENT BUSINESS APPROVED BY THE PRESIDING MEMBER OR BY A DECISION OF THE
COUNCIL. .......................................................................................................................... 67
11.0
DATE OF NEXT MEETING .................................................................................................. 67
12.0
MATTERS FOR WHICH MEETING TO BE CLOSED TO MEMBERS OF THE PUBLIC .................... 67
13.0
CLOSURE ................................................................................................................................... 67
4
Full Council Minutes – 27 September 2016
MINUTES OF THE ORDINARY MEETING OF COUNCIL HELD IN THE COUNCIL CHAMBERS, STUART STREET,
CARNARVON ON TUESDAY 27 SEPTEMBER 2016
The meeting was declared open at 8.30am
1.0
ATTENDANCES, APOLOGIES AND APPROVED LEAVE OF ABSENCE:
Mr K Brandenburg ............................................................................................................................... President
Ms J Nelson ......................................................................................................................Councillor Town Ward
Mr E Smith .......................................................................................................................Councillor, Town Ward
Mr L Skender....................................................................................................................Councillor, Town Ward
Mr E Garrett.....................................................................................................................Councillor, Town Ward
Mr B Smith .................................................................................................. Councillor, Gascoyne/Minilya Ward
Mr I D’Arcy ...................................................................................................................... Chief Executive Officer
Mr J Nuttall ......................................................................................... Executive Manager, Corporate Services
Mr M Chadwick................................................................................ Executive Manager, Development Services
Mr M Shepherd ..................................................................................................................... Manager, Planning
Mr W Taylor ............................................................................................................................... Manager, Assets
Mrs D Hill ...................................................................................................................... Senior Executive Officer
Press ................................................................................................................................................................ Nil
Observers ........................................................................................................................................................ Nil
Leave of Absence ............................................................................................................................................ Nil
Apologies ..........................................................................................................................Cr Simpson; Cr March
2.0
PUBLIC & ELECTED MEMBER 9QUESTION TIME:
Nil
3.0
DECLARATIONS OF INTEREST:
Cr Garrett (Impartiality Interest) – Item 8.1.2 – Proposed Application for Funding – HMAS Sydney Memorial
Cr Nelson (Impartiality Interest) – Item 8.3.2 – Development Application – Carnarvon Yacht Club Ablution
Block, Pump House & Water Tank
President Brandenburg (Impartiality Interest) – Item 8.3.2 - Development Application – Carnarvon Yacht Club
Ablution Block, Pump House & Water Tank
Cr E Smith (Impartiality Interest) – Item 8.3.1 – Carnarvon Community College Car Park Marmion Street
4.0
QUESTIONS OF WHICH DUE NOTICE HAS BEEN GIVEN WITHOUT DISCUSSION:
Nil
5
Full Council Minutes – 27 September 2016
5.0
CONFIRMATION OF MINUTES:
5.1
ORDINARY MEETING OF COUNCIL- 23 AUGUST 2016
FC 1/9/16
COUNCIL RESOLUTION
Cr B Smith/Cr Nelson
That the minutes of the Ordinary Meeting of Council held on 23rd August 2016 be confirmed as a true
record of proceedings.
CARRIED
F6/A0
th
5.2
SPECIAL MEETING OF COUNCIL – 16 SEPTEMBER 2016
FC 2/9/16
COUNCIL RESOLUTION
Cr B Smith/Cr Nelson
That the minutes of the Special Meeting of Council held on 16th September 2016 be confirmed as a true
record of proceedings.
CARRIED
F6/A0
6.0
PETITIONS AND MEMORIALS
Nil
7.0
ANNOUNCEMENTS BY THE PRESIDENT WITHOUT DISCUSSION:
Nil
8.0
8.1
REPORTS:
GOVERNANCE
8.1.1
ACTIONS PERFORMED UNDER DELEGATED AUTHORITY FOR THE
MONTHS OF AUGUST/SEPTEMBER 2016
File No:
Date of Meeting:
Location/Address:
Name of Applicant:
Name of Owner:
Author/s:
Declaration of Interest:
Voting Requirements:
AO3403
27th September 2016
3 Francis Street, Carnarvon
Shire of Carnarvon
Shire of Carnarvon
Ian D’Arcy, Chief Executive Officer
Nil
Simple Majority
Summary of Item:
6
Full Council Minutes – 27 September 2016
To report back to Council actions performed under delegated authority for the months August/September
2016.
Description of Proposal:
Refer above.
Background:
To increase transparency this report has been prepared for Council and includes all actions performed under
delegated authority for –
-
Development Approvals issued
Building Permits issued;
Health Approvals issued;
One off delegations to the Chief Executive Officer;
Affixing of Common Seal
Consultation:
Nil
Statutory Environment:
Local Government Act 1995
Planning & Development Act 2005
TPS No. 10
Shire of Carnarvon Local Government Act Local Laws
Health Act 1911
Health (Public Buildings) Regulations 1992
Relevant Plans and Policy:
Nil
Financial Implications:
There are no financial implications.
Risk Assessment:
Reporting requirement only.
Community & Strategic Objectives:
Outcome 5.2
A high standard of governance and accountability.
5.2.1
Maintain a high standard of corporate planning and reporting.
5.2.2
Ensure compliance with all relevant legislation and regulations.
Comment:
The following tables outline the action performed within the organisation relative to delegated authority for
the months August/September of 2016 and are submitted to Council for information.
COMMON SEAL
Date Affixed
26.08.16
Agreement Details
Management of Aquatic Centre Contract – J Little
7
Full Council Minutes – 27 September 2016
BUILDING
Application
No.
B16/187
B16/189
B16/192
B16/199
B16/200
B16/201
B16/202
B16/203
B16 /204
Owners Name
Lot & Street
LESLIE GEORGE
Type of Building Work
LOT 74 SHALLCROSS ST
EAST CARNARVON
FABRE PTY LTD
LOT 5 ROBINSON ST
CARNARVON
MURCHISON
REGION LOT 71 BUTCHER ST
ABORIGINAL CORPORATION
MORGANTOWN
JOHN DWYER
LOT 305 BROWN ST
SOUTH CARNARVON
FENCE
FENCE
FENCE
RELOCATE
EXISITING
GARAGE
RELOCATE
SHIPPING
CONTAINER
WAYNE REECE
LOT 172 GRANBERRY FENCE
DR
BROCKMAN
MINISTER FOR WORKS & STATE LOT 1324 OLIVIA TCE
DEMOLITION OF OFFICE
OF WA
CARNARVON
BUILDNG
CONCEICAO CORREIA
LOT 175 ROBINSON ST SHADE STRUCTURE ON
CARNARVON
BALCONY
CORAL BAY INVETSMENTS PTY
LOT 13 ROBINSON ST
5 x 2BR UNITS, ABLUTION
LTD
CORAL BAY
BLOCK, RETAINING WALL
& HARDSTAND
WILLIAM YOUNG
LOT 322 MEIKLEJOHN
FENCE
CRES BROCKMAN
The following approvals and advice were issued for the month of August 2016 under delegated authority:
Planning and Development Act (Local Planning Schemes) Regulations 2015 Schedule 2 Clause 68
Applications to use/develop land
Applicati
Date
Applicant/
File Ref:
on
Subject Land
Purpose
Grante
Proponent
Ref:
d
A1060
P66/16
Lot 36 on P222240 (59)
Outbuilding
C. Lawer
23/08/2
Wise Street, East
016
Carnarvon
Collection, removal and disposal of sewage
Shire of Carnarvon Health Amendment Local Laws 2002, Part 4, Division 1
Date of
Decision
Decision details
Applicant
decision
Ref.
A2655 -8 William
10.08.2016 HOS16/004 Approval to interfere
St
Other affected
person(s)
N/A
STATUS REPORT
MINUTE
REF
DETAIL
RESPONSIBLE
OFFICER
STATUS
ANTICIPATED
COMPLETION DATE
8
Full Council Minutes – 27 September 2016
23/7/15
Request for Upgrading an
Existing Restricted Access Route
(RAV)
Proposed Engagement – Work
for the Dole Program
HMAS Sydney Memorial Fascine
Approval and Implementation of
Blowholes Management Plan
TBA
Community Bus & Luggage
Trailer
Regional Price Preference Policy
–
Brockman Park Structure Plan
Dannielle Hill
Regional Waste Infrastructure
Project
Gascoyne Food Bowl –
Submissions on District
Structure Plan
Partial Closure Bush Bay New
Beach Roads
Ian D’Arcy
23/4/16
Lease Area – Coral Bay Progress
Association – Lot 502 Sanctuary
Road
Marius
Shepherd
5-6/5/16
Proposed Carnarvon Town Entry
Statements
Ian D’Arcy
9-10/5/16
Reallocation of CLGF Funding –
From Civic Centre to Aquatic
Centre and Photovoltaic systems
installed to Shire buildings
Ian D’Arcy
Mark Chadwick
15/5/16
Baden Powell Hall – Request for
New Lease
Carolien
Claassens
25/6/16
Local Planning Strategy Adoption
2627/6/16
Gascoyne Food Bowling Scheme
Amendments
Marius
Shepherd
Robert Pringle
26/11/15
27/11/15
5/12/15
4-6/2/16
7/2/16
13/2/16
24/3/16
5/4/16
18/4/16
21/4/16
Ian D’Arcy
Ian D’Arcy
Dannielle Hill
Ian D’Arcy
John Nuttall
Marius
Shepherd
Marius
Shepherd
Marius
Shepherd
Policy to be prepared pending
recruitment of Exec. Manager
Infrastructure
Contract still to be executed.
November 2016
Refer to Agenda Item 8.1.2
September 2016
Motion of Council to withdraw
from managing reserves
pending consideration by the
Minister for Lands. Dialog
ongoing between the
Department of Lands and
Shire Administration. Pending
outcome of SAT hearing
regarding demolition of
shacks.
To be purchased later in 2016.
November 2016
Has been advertised –
currently being reviewed
Initiation and Stakeholder
Meetings Completed. Public
Consultation via Colloborative
map carried out for 3 weeks.
Awaiting outcomes report
from Consultant
Planning underway to roll out
project
WAPC requires modifications
including bushfire hazard level
assessment.
Awaiting further
correspondence from
Department of Lands.
Licencing issues resolved.
Documentation to Coral Bay
Progress Association for
endorsement.
All approvals obtained –
installation scheduled October
2016
Funding variation granted by
DRD – Works progressing on
Aquatic Centre refurbishment
- photovoltaic systems for
Shire buildings not feasible –
further variation required to
funding.
Draft lease prepared – waiting
for approval of draft by Scouts
WA and Girl Guides WA
Forwarded to WAPC for
consideration.
With WAPC for consideration.
EPA requires further
assessment as per FC 22/8/16
October 2016
September 2016
December 2016
September 2016
December 2016
October 2016
September 2016
September 2016
Ongoing
Ongoing
Sept 2016
October 2016
January 2017
9
Full Council Minutes – 27 September 2016
30/6/16
Proposed Temporary Road
Closure – Gnaraloo Road
Tourism WA Sustainability Grant
Program Submission – Visitor
Centre
Renaming HMAS Sydney Drive to
Carnarvon Road
Marius
Shepherd
Mark Chadwick
7/7/16
Carnarvon Yacht Club – Request
to Connect to Artesian Water
Ian D’Arcy
Kelly D’Arcy
12/7/16
Rate Payment Incentive Prize
John Nuttall
13/7/16
Lotterywest Grant Application –
Rotary Park
Pedestrian Access Way Closure –
Lot 302 Wheelock Way
John Nuttall
SCM
1/8/16
Development Application –
Gascoyne Memorial Foundation
Robert Pringle
SCM
2/8/16
4/8/16
Skippers Airlines – Request for
Waiver of Landing Fees
Nomination of Council
Representation – GDC Board
Proposed Lease Carnarvon Toy
Library
Kelly D’Arcy
John Nuttall
Ian D’Arcy
11/8/16
Award of Tender 02/2016 –
Aquatic Centre Management
12/8/16
Skippers Airlines – Request for
Reconsideration of PAX Fees
Kelly D’Arcy /
Carolien
Claassens
John Nuttall
13/8/16
DA – Time Extension 8 single
Bed Units Francis Street
Holiday Home Application – 9
Crossland Street
Proposed District Water
Management Strategy LPS 13
Robert Pringle
17/8/16
Proposed Civic Precinct
Revitalisation Project Brief
Robert Pringle
18/8/16
Temporary Closure Gnaraloo
Road
Marius
Shepherd
32/6/16
3/7/16
18/7/16
10/8/16
15/8/16
16/8/16
Ian D’Arcy
Dannielle Hill
Robert Pringle
Kelly D’Arcy /
Carolien
Claassens
Robert Pringle
Robert Pringle
Per FC18/8/16
Completed
Application submitted –
awaiting advice from Tourism
WA
Request sent to Geographic
Names Committee following
no adverse objection to the
proposal.
Yacht Club advised of
approval. MOU drafted and
sent to Yacht Club for
consideration
To be run after budget
adopted
Currently being prepared
16/17 Financial
Year
Written confirmation of
support obtained from single
neighbour. Must seek quotes
on fence installation.
Notice of determination
provided to applicant.
Preliminary discussion entered
with regards to access
greement. Awaiting
confirmation related to
transferring fees for Building
Commission payments.
Correspondence sent to
Skippers Aviation
GDC advised of Council
decision not to nominate
Proposed lease refused by
Council (FC 10/8/16).
Alternative locations for
housing being invested
Tender awarded to Jennifer
Little (FC 11/8/16).
December 2016
Correspondence sent to
Skippers Airlines - request not
supported by Council
Notice of Determination sent
to applicant
Notice of Determination sent
to applicant
RFQ due 19 September.
Steering Committee to launch
soon after selection.
Preliminary analysis carried
out by Project Team. Steering
committee to launch early
October.
Notice of closure published.
Parks & Wildlife notified.
Completed
September 2016
August 2016
September 2016
November 2016
November 2016
Completed
Completed
October 2016
Completed
Completed
Completed – Follow
up due June 2017
October 2017
October 2017
Completed
10
Full Council Minutes – 27 September 2016
19/8/16
DA – Extension of Time –
Workers Accommodation Coral
Bay
POS Strategy Project Brief
Marius
Shepherd
Notice of Determination
Issued
Completed
Helen
Karageorgiou
October 2017
22/8/16
Budget Variation – Time
Sensitive Level 2 Flora & Fauna
Study – Gascoyne Food Bowl
Robert Pringle
24/8/16
BAC Rates – Payment Options
John Nuttall
RFQ due 19 September.
Steering Committee to launch
soon after selection.
Project commenced with
additional funds required –
budget variation within
today’s meeting.
Correspondence sent to BAC
25/8/16
Reconsideration Exploration
Application E09/1816
Robert Pringle
Notification sent to
Department of Mines and
Petroleum and Applicant
Completed
20/8/16
December 2016
Completed
OFFICER’S RECOMMENDATION
That Council accept the Status Meeting Report and reports outlining the actions performed under delegated
authority for the months June/July 2016.
FC 3/9/16
COUNCIL RESOLUTION & OFFICER’S RECOMMENDATION
Cr Nelson/Cr Garrett
That Council accept the Status Meeting Report and reports outlining the actions performed under
delegated authority for the months August/September 2016.
CARRIED
F6/A0
8.1.2
PROPOSED ALLOCTION OF FUNDING - HMAS SYDNEY MEMORIAL
8.36am – Cr Garrett declared an Impartiality Interest in this item as he is Secretary of the Gascoyne RSL. Cr
Garrett was not required to leave the meeting and could participate and vote on the matter.
File No:
Date of Meeting:
Location/Address:
Name of Applicant:
Name of Owner:
Author/s:
Declaration of Interest:
Voting Requirements:
Previous Items:
3C0414
27th September 2016
Olivia Terrace, Carnarvon
Reserve 42702, Lot 1309 on P92154 Olivia Terrace Carnarvon
Shire of Carnarvon
Shire of Carnarvon
Ian D’Arcy, Chief Executive Officer
The author has no direct or indirect interest in this item
Simple Majority – both recommendations
15 December 2015 and 26 July 2016
Summary of Item:
This report requests Council receive the minutes of the HMAS Sydney Working Group (15th September 2016),
and endorse an allocation of funding for construction of HMAS Sydney Memorial.
The Working Group minutes can be found at Schedule 8.1.2.
Description of Proposal:
11
Full Council Minutes – 27 September 2016
This item primarily relates to an allocation of $11,000 funding from the Shire Community Growth Fund
toward the construction of the HMAS Sydney Memorial and some interpretive signage, as recommended by
the HMAS Sydney Working Group.
Background:
At the December 2015 Ordinary Council Meeting, Council endorsed a resolution (at Item 8.1.4) to:
1. Adopt the Fascine Hob Wall as the preferred location for the HMAS Sydney plaques creating a Walk
of Remembrance;
2. Direct the Working Group to continue to investigate a possible HMAS Sydney II & HSK Kormoran
Memorial site.
In line with the Council’s motion 2 above, members of RSL, HMAS Sydney Working Group and other
interested parties, including the representative of the descendants of the sailors lost from HMAS Sydney and
HSK Kormoran, agreed on:
a) A design for the HMAS Sydney Memorial is considered appropriate by those consulted; and
b) A Cairn similar to that constructed by the HSK Kormoran survivors in honour of their lost comrades
at the POW camp in Victoria where they spent the rest of the war.
The drawings of the HMAS Sydney Memorial have been provided free of charge by Dampier Salt Ltd and a
local builder has constructed a model demonstrating the construction technique that could be used to create
the structure.
A copy of the design is provided in Figure 1 below:
Figure 1 – Proposed HMAS Sydney Memorial
Subsequently, the Council considered this proposal further at its ordinary meeting on 26th July 2016, where
it resolved to:
1. Endorse the concept designs and locations for the proposed HMAS Sydney Memorial and HSK
Kormoran Cairn structures and their indicative locations.
12
Full Council Minutes – 27 September 2016
2. Direct the CEO promote the concept designs and locations of the Memorial structures for a period of
two weeks inviting community response on the overall proposal.
3. Grant delegated authority to the CEO to issue Planning Approval for the proposed HMAS Sydney
Memorial and HSK Kormoran Cairn structures, and their selected locations following the outcome of
the community promotion/submission period where there is majority support for the proposal.
The follow plan (Figure 2) illustrates the indicative locations of the Sydney Memorial considered and
endorsed in principal by Council at the July 2016 Council meeting.
HMAS Sydney
Memorial Location
HSK
Kormoran
Cairn
Robinson St at
Olivia Terrace
Figure 2 – Site Plan for location of proposed monuments
Consultation:
Consultation on this proposal has included members of the RSL, Naval Association, descendants of both
HMAS Sydney and HSK Kormoran, the HMAS Sydney Working Group and general public.
At large, support has been expressed for the HMAS Sydney Memorial and HSK Kormoran Cairn, as proposed,
to be progressed.
Statutory Environment:
In line with Council previous motion, planning approval pursuant to Section 82 of Division 2; Schedule 2 of
Planning and Development (Local Planning Schemes) Regulations, 2015 has been granted under delegated
authority to the CEO.
With regard to funding the construction of the HMAS Sydney Memorial the Council may determine to allocate
funding from the Community Growth Fund allocation already included in the 2016/17 Budget.
13
Full Council Minutes – 27 September 2016
Relevant Plans and Policy:
Council Policy C018 – Iconic Events has been reference in preparing this report – see Financial Implications
Section below.
Financial Implications:
The Shire is now in receipt of quotes for the required construction of the HMAS Sydney Memorial as shown
in Figure 1 above, requiring an allocation of $11,000 for the memorial to be built and interpretive signage
prepared. In addition, it is proposed that site preparation works and fixing of plaques will be undertaken by
the Shire staff, with some in-kind support from the Carnarvon RSL Branch.
However, there is no specific allocation of funding in the 2016/17 Budget for the HMAS Sydney Memorial to
be built. It was intended to secure additional grant funds or donations for this component of the 75 th
Anniversary of the battle between HMAS Sydney and HSK Kormoran. However, due to time constraints to
have this Memorial completed in time for the commemorative celebrations on 17 November 2016, and
approaches for donations to date having not been successful, the need has arisen for this matter of funding
to be considered by Council.
To this end, the Council has an allocation of $84,172 under the Community Growth Fund – General (COA
02J2), and a further $55,573 under Community Growth Fund – Rates (COA 02K2) in the 2016/17 Budget,
none of which has been allocated other than an amount of $17,000 from the Community Growth Fund –
General. This amount is pre-allocated to iconic events under Council Policy C018 that effectively sets aside
$7,000 for the Tropical Festival, $5,000 for the Gassy Dash, $4,000 for Carnarfin and $1,000 for NAIDOC
Week. Although, it is understood the Gassy Dash will not be a feature of the 2016/17 events calendar, thus
releasing $5,000 to the general pool rendering an available allocation of $79,172 under COA 02K2.
In light of this, the Council has sufficient funding under the Community Growth Fund to accommodate
funding for construction of the HMAS Sydney Memorial and associated interpretative sign.
Risk Assessment:
There is a risk that should the Council not entertain support for the Working Group’s recommendation the
HMAS Sydney memorial will not constructed in time for the 75th Anniversary Celebrations taking place in
November 2016.
Community & Strategic Objectives:
Comment:
Along with the 75th Commemorative Event and the laying of the new plaques to form the Walk of
Remembrance, this Memorial is considered extremely important to commemorate the wartime history and
involvement of Carnarvon. Therefore, it is the recommended by the HMAS Sydney Working Group that
Council fund construction of the HMAS Sydney Memorial structure and signage from the Community Growth
Fund – General with an allocation of $11,000 (ex GST).
As an aside, Council is also urged formally acknowledge the contribution of the Carnarvon RSL members in
their voluntary contribution in removing the fallen sailor plaques from HMAS Sydney Memorial Avenue,
14
Full Council Minutes – 27 September 2016
cleaning, and installing the plaques along the Fascine hob wall. This has been a mammoth effort that should
be recognised and appreciated by Council and the broader Carnarvon community.
WORKING GROUP RECOMMENDATION
That Council:
1. Receive the notes from the HMAS Sydney Working Group meeting of 15 September 2016, as
presented at Schedule 8.1.2 of this report.
2. Endorse the allocation of $11,000 (ex GST) taken from the Community Growth Fund - General (COA
02J2) to fund:
a) Construction of the HMAS Sydney Memorial, as presented in Figure 1 of this report and
approved on the Fascine Foreshore under delegation to the CEO.
b) Preparation of interpretive sign that details the history of the battle between HMAS Sydney
II and HSK Kormoran off the coast of Shark Bay on 19th November 1941.
OFFICER’S RECOMMENDATION
That Council formally acknowledge the significant contribution of the Carnarvon RSL member’s in removing
the fallen sailor plaques from HMAS Sydney Memorial Avenue, processing their cleaning and where required
replacement, and re-installing the plaques along the Fascine hob wall as a walk of remembrance.
FC 4/9/16
COUNCIL RESOLUTION & WORKING GROUP RECOMMENDATION
Cr B Smith/Cr Nelson
That Council:
1. Receive the notes from the HMAS Sydney Working Group meeting of 15 September 2016, as
presented at Schedule 8.1.2 of this report.
2. Endorse the allocation of $11,000 (ex GST) taken from the Community Growth Fund - General (COA
02J2) to fund:
a) Construction of the HMAS Sydney Memorial, as presented in Figure 1 of this report and
approved on the Fascine Foreshore under delegation to the CEO.
b) Preparation of interpretive sign that details the history of the battle between HMAS Sydney
II and HSK Kormoran off the coast of Shark Bay on 19th November 1941.
COUNCIL RESOLUTION & OFFICER’S RECOMMENDATION
That Council formally acknowledge the significant contribution of the Carnarvon RSL member’s in removing
the fallen sailor plaques from HMAS Sydney Memorial Avenue, processing their cleaning and where
required replacement, and re-installing the plaques along the Fascine hob wall as a walk of remembrance.
CARRIED
F6/A0
15
Full Council Minutes – 27 September 2016
8.2
CORPORATE & COMMUNITY SERVICES
8.2.1
ACCOUNTS FOR PAYMENT AUGUST 2016
File No:
Date of Meeting:
Location/Address:
Name of Applicant:
Name of Owner:
Author/s:
Declaration of Interest:
Voting Requirements:
2F0504
27th September 2016
Shire of Carnarvon
Shire of Carnarvon
Shire of Carnarvon
Nadine Brown, Creditors Officer
Nil
Simple Majority
Summary of Item:
To present the listing of accounts paid from the Municipal Fund and Trust Fund in accordance with the
requirements of the Local Government (Financial Management) Regulations 1996.
Description of Proposal:
N/A
Background:
Council delegated to CEO the exercise of its power under Financial Management Regulation 12 to make
payments from Municipal Fund and Trust Fund.
Consultation:
Nil
Statutory Environment:
Local Government Act 1995 – Section 5.42
Local Government (Financial Management) Regulations 1996 – Regulations 12 and 13
Relevant Plans and Policy:
All accounts are paid as per the Shire of Carnarvon’s 2016/17 Budget.
Financial Implications:
Ongoing management of Council funds by providing Council with sufficient information to monitor and
review payments made.
Community & Strategic Objectives:
Outcome 5.2
A high standard of governance and accountability.
Maintain a high standard of corporate planning and reporting.
Ensure compliance with all relevant legislation and regulations.
Develop and implement audit and risk management processes.
16
Full Council Minutes – 27 September 2016
Develop an understanding of the roles and responsibilities of elected members.
Implement ongoing professional development of best practice governance for elected
members and staff.
Outcome 5.4
Long-term financial viability.
Continue to comply with national financial reporting frameworks.
Maintain a high standard of financial management.
Comment:
Accounts paid to 31st August 2016 are listed at Schedule No. 8.2.1 (a)
OFFICER’S RECOMMENDATION
That Council
a) Receive the list of payments totalling $803,496.45 as presented for the month of August 2016
incorporating.
 BD1626 To BD1633
Bank Direct
$ 36,492.78
 46226
To 46268
Muni
$ 79,590.48
 7234
To 7245
Trust
$ 37,664.34
 EFT19686 To EFT19860
Muni
$ 649,748.85
Totalling $803,496.45 be endorsed by Council.
b) Note Sundry Creditors as at 31st August 2016 totalling $540,328.45
FC 5/9/16
COUNCIL RESOLUTION & OFFICER’S RECOMMENDATION
Cr Garrett/Cr E Smith
That Council
a) Receive the list of payments totalling $803,496.45 as presented for the month of August 2016
incorporating.
 BD1626 To BD1633
Bank Direct
$ 36,492.78
 46226
To 46268
Muni
$ 79,590.48
 7234
To 7245
Trust
$ 37,664.34
 EFT19686 To EFT19860
Muni
$ 649,748.85
Totalling $803,496.45 be endorsed by Council.
b) Note Sundry Creditors as at 31st August 2016 totalling $540,328.45
CARRIED
F6/A0
17
Full Council Minutes – 27 September 2016
8.2.2
FINANCIAL ACTIVITY STATEMENT AND BUDGET VARIATIONS – 31 AUGUST 2016
File No:
Date of Meeting:
Location/Address:
Name of Applicant:
Name of Owner:
Author/s:
Declaration of Interest:
Voting Requirements:
2F0513
27th September 2016
Shire of Carnarvon
Shire of Carnarvon
Shire of Carnarvon
Sa Toomalatai, Manager Finance
Nil
Officer Recommendation 1 - Simple Majority
Officer Recommendation 2 - Absolute Majority
Summary of Item:
In accordance with regulation 34 of the Local Government (Financial Management) Regulations, the Shire
Administration is required to prepare a monthly Statement of Financial Activity for approval by Council.
Description of Proposal:
N/A
Background:
The Statement of Financial Activity was introduced by the Department of Local Government from 1 July 2005.
This change was implemented to provide elected members with a better idea of operating and capital
revenues and expenditures. It was also intended to link operating results with balance sheet items, and
reconcile with the end of month balances.
Also, the regulations require a quarterly review of the budget expenditure, with the opportunity to adjust
funding allocations to address financial shortcomings and changing priorities to operations, delivery of
services and projects.
Consultation:
Nil
Statutory Environment:
Local Government (Financial Management) Regulation 33A(3) and 34 (1).
33A. Review of budget
(3)
A council is to consider a review submitted to it and is to determine* whether or not to adopt the
review, any parts of the review or any recommendations made in the review.
*Absolute majority required.
34.
Financial activity statement required each month (Act s. 6.4)
(1A) In this regulation —
committed assets means revenue unspent but set aside under the annual budget for a specific
purpose.
(1) A local government is to prepare each month a statement of financial activity reporting on the
revenue and expenditure, as set out in the annual budget under regulation 22(1)(d), for that month
in the following detail —
(a) annual budget estimates, taking into account any expenditure incurred for an additional
purpose under section 6.8(1)(b) or (c); and
(b)
budget estimates to the end of the month to which the statement relates; and
18
Full Council Minutes – 27 September 2016
(c)
actual amounts of expenditure, revenue and income to the end of the month to which the
statement relates; and
(d)
(2)
(3)
(4)
(5)
material variances between the comparable amounts referred to in paragraphs (b) and (c);
and
(e) the net current assets at the end of the month to which the statement relates.
Each statement of financial activity is to be accompanied by documents containing —
(a) an explanation of the composition of the net current assets of the month to which the
statement relates, less committed assets and restricted assets; and
(b) an explanation of each of the material variances referred to in subregulation (1)(d); and
(c) such other supporting information as is considered relevant by the local government.
The information in a statement of financial activity may be shown —
(a) according to nature and type classification; or
(b) by program; or
(c) by business unit.
A statement of financial activity, and the accompanying documents referred to in sub
regulation (2), are to be —
(a) presented at an ordinary meeting of the council within 2 months after the end of the
month to which the statement relates; and
(b) recorded in the minutes of the meeting at which it is presented.
Each financial year, a local government is to adopt a percentage or value, calculated in
accordance with the AAS, to be used in statements of financial activity for reporting material
variances.
Relevant Plans and Policy:
Nil
Financial Implications:
Refer to Officer recommendation in relation to budget variations (increases and decreases).
Risk Assessment:
Council would be contravening the Local Government act should these statements not be submitted.
Community & Strategic Objectives:
Outcome 5.2
A high standard of governance and accountability.
Maintain a high standard of corporate planning and reporting.
Ensure compliance with all relevant legislation and regulations.
Develop and implement audit and risk management processes.
Develop an understanding of the roles and responsibilities of elected members.
Implement ongoing professional development of best practice governance for elected
members and staff.
Outcome 5.4
Long-term financial viability.
Continue to comply with national financial reporting frameworks.
Maintain a high standard of financial management.
19
Full Council Minutes – 27 September 2016
Comment:
Attached as Schedule 8.2.2 for consideration is the completed Statement of Financial Activity for the period
ended 31 August 2016.
In accordance with the Local Government (Financial Management) Regulations, a report must be compiled
on variances greater than the percentage agreed by Council which is currently plus (+) or minus (-) of 10%,
or $10,000, whichever is the higher.
Additionally, as mentioned in the background above, there is a need to undertake a number of budget
variations, effectively reallocating funding from one section of the budget to the other based on changing
priorities. These variations are outlined in the Officer Recommendation 2.
OFFICER’S RECOMMENDATION 1
That Council, in accordance with Regulation 34 of the Local Government (Financial Management) Regulations
1996, receive the Statement of Financial Activity for the period ended 31 August 2016.
OFFICER’S RECOMMENDATION 2
That Council, in accordance with Regulation 33A(3) of the Local Government (Financial Management)
Regulations 1996, adopt the following budget review and variations for the period 31 August 2016, as listed
below.
COA
5493
4572
1972
41H2
0912
Account
Type
Description
REVENUE
OTHER GRANT INCOME - ECONOMIC
DEVELOPMENT
EXPENDITURE
EXPENDITURE
EXPENDITURE
EXPENDITURE
2552
EXPENDITURE
COA
Account
Type
ECONOMIC DEVELOPMENT - OTHER
STAFF HOUSING MTCE
PRIVATE RENTALS
CONTROL EXPENSES OTHER
CAT CONTROL OPS
Description
Budget
Variation
Comment
-$41,900.00
INCOME BUDGET INCREASE - PROJECT
QUOTES EXCEEDED EXPECTED PROJECT
COSTS. DAFWA TO FULLY FUND THIS
INCREASE
$41,900.00
EXPENDITURE BUDGET INCREASE - PROJECT
QUOTES EXCEEDED PROJECT COSTS. DAFWA
IS TO FULLY FUND THIS INCREASE IN
EXPENSE
-$200.00
BUDGET DECREASE - REALLOCATION OF
FUNDS TO PRIVATE RENTAL BUDGET FROM
UNALLOCATED MAINTENANCE OF STAFF
HOUSING BUDGET DUE TO
UNDERESTIMATED MAINTENANCE COSTS
REQUIRED FOR RELEASE OF BOND
$200.00
BUDGET INCREASE - TO COVER GARDENING
EXPENSES INCURRED TO FINALISE THE
RENTAL PROPERTY LEASE AND TO OBTAIN
RELEASE OF BOND FROM RENTAL AGENT
(1,000)
BUDGET DECREASE - REALLOCATION OF
FUNDS TO CAT CONTROL BUDGET FROM
EUTHANISING BUDGET DUE TO
UNANTICIPATED NUMBERS OF CATS
REQUIRING BOARDING
1,000
BUDGET INCREASE - TO ACCOMMODATE
FOR THE HIGHER AMOUNT OF CATS
REQUIRING BOARDING DUE TO AN
INCREASED UPTAKE OF CAT TRAPS
Budget
Variation
Comment
20
Full Council Minutes – 27 September 2016
3572
3572
6072
3572
3960
4151
1822
1823
5480
EXPENDITURE
FESTIVAL AND EVENTS
EXPENDITURE
FESTIVAL AND EVENTS
EXPENDITURE
VEHICLE OPERATING EXPENSE - COMM
SERVICES
EXPENDITURE
EXPENDITURE
REVENUE
EXPENDITURE
REVENUE
EXPENDITURE
HMAS SYDNEY AND HSK KORMORAN
75TH ANNIVERSARY COMMEMORATIONS
URBAN ROAD MAINTENANCE
REIMBURSEMENTS
MOSQUITO CONTROL (CLAG)
GRANTS (MOSQUITO FUNDING)
TRANSFER TO MOSQUITO MANAGEMENT
RESERVE FUND
Full Council Minutes – 27 September 2016
(4,000)
BUDGET DECREASE - REALLOCATION OF
FUNDS TO RECONCILIATION PLAN BUDGET
FROM THE CULTURAL PLAN BUDGET
4,000
BUDGET INCREASE - THERE ARE CURRENTLY
INSUFFICIENT FUNDS IN THE
RECONCILIATION PLAN BUDGET TO BE ABLE
TO COMPLETE THE PROJECT
(825)
BUDGET DECREASE - REALLOCATION OF
FUNDS TO THE HMAS SYDNEY & HSK
KORMORAN COMMEMORATIONS BUDGET
DUE TO SHORTFALL OF FUNDS
825
THIS BUDGET INCREASE IS TO MAKE UP FOR
A SHORTFALL OF FUNDS IDENTIFIED IN THE
CARRIED FORWARD, UNEXPENDED FUNDS
RECEIVED FROM VARIOUS CONTRIBUTIONS
MADE TO THE SHIRE IN 15/16 FOR THE 75TH
ANNIVERSARY COMMEMORATIONS
20,114
BUDGET INCREASE - INCREASE IN
EXPENDITURE TO CATER FOR RETAINING
WALL REQUIRED TO BE SUPPLIED AND
ERECTED ADJACENT TO SAILFISH DRIVE FOR
BEACH HOUSE DEVELOPMENT IN CORAL
BAY. THIS EXPENDITURE OFFSET BY INCOME
RECEIVED AT COA 141510 (COSTS TO BE
REIMBURSED BY DEVELOPER)
(20,114)
BUDGET INCREASE - INCREASE IN REVENUE
TO CATER FOR REIMBURSEMENT OF
EXPENDITURE NOTED AT COA 139600 FOR
RETAINING WALL (FUNDS WILL BE
REIMBURSED FROM A BOND HELD IN SHIRE
TRUST FUND, PAID BY DEVELOPER)
20,796
BUDGET INCREASE - VARIATION TO THIS
ACCOUNT IS CONTRIBUTED TO BY A
DECREASE IN CLAG EXPENDITURE OFFSET BY
A DECREASE IN INCOME NOTED AT COA
118230, AN INCREASE IN EXPENDITURE FOR
THE FIMMWA PROGRAM FUNDED BY DEPT
OF HEALTH AND OFFSET BY AN INCREASE OF
INCOME TO BE RECEIVED AT COA 118230
(INCLUDES COSTS FOR EHO CONTRACTOR)
AND COSTS ASSOCIATED WITH THE
IMPROVEMENTS TO THE SENTINEL CHICKEN
PEN, FUNDED BY NEW GRANT INCOME TO
BE RECEIVED AT COA 118230
(18,011)
BUDGET INCREASE - VARIATION TO THIS
ACCOUNT IS CONTRIBUTED TO BY A
DECREASE IN CLAG FUNDING TO REFLECT
DECREASE IN EXPENDITURE AT COA 118220
BUT ALSO AN INCREASE IN FIMMWA
FUNDING FROM THE DEPT OF HEALTH AND
NEW FUNDING TO BE RECEIVED FOR
IMPROVEMENTS TO THE SENTINEL CHICKEN
PEN. EXPENDITURE FOR CHICKEN PEN
IMPROVEMENTS IS REFLECTED AT COA
118220
(1,262)
BUDGET DECREASE - DECREASE RESERVE
TRANSFER AMOUNT TO THE MOSQUITO
MANAGEMENT FUND DUE TO DECREASE IN
CLAG EXPENDITURE BUDGET AND
ANTICIPATED FUNDING. TRANSFER TO THIS
RESERVE IS CALCULATED AT 10% OF THE
FUNDED AMOUNT RECEIVED FROM DEPT OF
HEALTH
21
1852
EXPENDITURE
ENVIRONMENTAL MONITORING AND
ASSESSMENT
BUDGET VARIATION TOTAL
(1,523)
BUDGET DECREASE - REALLOCATION OF
FUNDS TO THE MOSQUITO MANAGEMENT
BUDGET DUE TO A SHORTFALL OF FUNDS
0
FC 6/9/16
COUNCIL RESOLUTION & OFFICER’S RECOMMENDATION 1
Cr E Smith/Cr Nelson
That Council, in accordance with Regulation 34 of the Local Government (Financial Management)
Regulations 1996, receive the Statement of Financial Activity for the period ended 31 August 2016.
CARRIED
F6/A0
FC 7/9/16
COUNCIL RESOLUTION & OFFICER’S RECOMMENDATION 2
Cr E Smith/Cr Nelson
That Council, in accordance with Regulation 33A(3) of the Local Government (Financial Management)
Regulations 1996, adopt the following budget review and variations for the period 31 August 2016, as
listed below.
COA
5493
4572
1972
41H2
0912
Account
Type
Description
REVENUE
OTHER GRANT INCOME - ECONOMIC
DEVELOPMENT
EXPENDITURE
EXPENDITURE
EXPENDITURE
EXPENDITURE
ECONOMIC DEVELOPMENT - OTHER
STAFF HOUSING MTCE
PRIVATE RENTALS
CONTROL EXPENSES OTHER
Budget
Variation
Comment
-$41,900.00
INCOME BUDGET INCREASE PROJECT QUOTES EXCEEDED
EXPECTED PROJECT COSTS. DAFWA
TO FULLY FUND THIS INCREASE
$41,900.00
EXPENDITURE BUDGET INCREASE PROJECT QUOTES EXCEEDED
PROJECT COSTS. DAFWA IS TO
FULLY FUND THIS INCREASE IN
EXPENSE
-$200.00
BUDGET DECREASE REALLOCATION OF FUNDS TO
PRIVATE RENTAL BUDGET FROM
UNALLOCATED MAINTENANCE OF
STAFF HOUSING BUDGET DUE TO
UNDERESTIMATED MAINTENANCE
COSTS REQUIRED FOR RELEASE OF
BOND
$200.00
BUDGET INCREASE - TO COVER
GARDENING EXPENSES INCURRED
TO FINALISE THE RENTAL
PROPERTY LEASE AND TO OBTAIN
RELEASE OF BOND FROM RENTAL
AGENT
(1,000)
BUDGET DECREASE REALLOCATION OF FUNDS TO CAT
CONTROL BUDGET FROM
EUTHANISING BUDGET DUE TO
22
Full Council Minutes – 27 September 2016
UNANTICIPATED NUMBERS OF
CATS REQUIRING BOARDING
2552
EXPENDITURE
COA
Account
Type
3572
3572
6072
3572
3960
4151
1822
EXPENDITURE
EXPENDITURE
EXPENDITURE
EXPENDITURE
EXPENDITURE
REVENUE
EXPENDITURE
CAT CONTROL OPS
Description
FESTIVAL AND EVENTS
FESTIVAL AND EVENTS
VEHICLE OPERATING EXPENSE - COMM
SERVICES
HMAS SYDNEY AND HSK KORMORAN
75TH ANNIVERSARY
COMMEMORATIONS
URBAN ROAD MAINTENANCE
REIMBURSEMENTS
MOSQUITO CONTROL (CLAG)
1,000
Budget
Variation
(4,000)
BUDGET INCREASE - TO
ACCOMMODATE FOR THE HIGHER
AMOUNT OF CATS REQUIRING
BOARDING DUE TO AN INCREASED
UPTAKE OF CAT TRAPS
Comment
BUDGET DECREASE REALLOCATION OF FUNDS TO
RECONCILIATION PLAN BUDGET
FROM THE CULTURAL PLAN
BUDGET
4,000
BUDGET INCREASE - THERE ARE
CURRENTLY INSUFFICIENT FUNDS
IN THE RECONCILIATION PLAN
BUDGET TO BE ABLE TO COMPLETE
THE PROJECT
(825)
BUDGET DECREASE REALLOCATION OF FUNDS TO THE
HMAS SYDNEY & HSK KORMORAN
COMMEMORATIONS BUDGET DUE
TO SHORTFALL OF FUNDS
825
THIS BUDGET INCREASE IS TO
MAKE UP FOR A SHORTFALL OF
FUNDS IDENTIFIED IN THE CARRIED
FORWARD, UNEXPENDED FUNDS
RECEIVED FROM VARIOUS
CONTRIBUTIONS MADE TO THE
SHIRE IN 15/16 FOR THE 75TH
ANNIVERSARY
COMMEMORATIONS
20,114
BUDGET INCREASE - INCREASE IN
EXPENDITURE TO CATER FOR
RETAINING WALL REQUIRED TO BE
SUPPLIED AND ERECTED ADJACENT
TO SAILFISH DRIVE FOR BEACH
HOUSE DEVELOPMENT IN CORAL
BAY. THIS EXPENDITURE OFFSET BY
INCOME RECEIVED AT COA 141510
(COSTS TO BE REIMBURSED BY
DEVELOPER)
(20,114)
BUDGET INCREASE - INCREASE IN
REVENUE TO CATER FOR
REIMBURSEMENT OF
EXPENDITURE NOTED AT COA
139600 FOR RETAINING WALL
(FUNDS WILL BE REIMBURSED
FROM A BOND HELD IN SHIRE
TRUST FUND, PAID BY DEVELOPER)
20,796
BUDGET INCREASE - VARIATION TO
THIS ACCOUNT IS CONTRIBUTED
TO BY A DECREASE IN CLAG
EXPENDITURE OFFSET BY A
DECREASE IN INCOME NOTED AT
COA 118230, AN INCREASE IN
EXPENDITURE FOR THE FIMMWA
PROGRAM FUNDED BY DEPT OF
HEALTH AND OFFSET BY AN
23
Full Council Minutes – 27 September 2016
INCREASE OF INCOME TO BE
RECEIVED AT COA 118230
(INCLUDES COSTS FOR EHO
CONTRACTOR) AND COSTS
ASSOCIATED WITH THE
IMPROVEMENTS TO THE SENTINEL
CHICKEN PEN, FUNDED BY NEW
GRANT INCOME TO BE RECEIVED
AT COA 118230
1823
5480
1852
REVENUE
EXPENDITURE
EXPENDITURE
GRANTS (MOSQUITO FUNDING)
TRANSFER TO MOSQUITO
MANAGEMENT RESERVE FUND
ENVIRONMENTAL MONITORING AND
ASSESSMENT
BUDGET VARIATION TOTAL
(18,011)
BUDGET INCREASE - VARIATION TO
THIS ACCOUNT IS CONTRIBUTED
TO BY A DECREASE IN CLAG
FUNDING TO REFLECT DECREASE IN
EXPENDITURE AT COA 118220 BUT
ALSO AN INCREASE IN FIMMWA
FUNDING FROM THE DEPT OF
HEALTH AND NEW FUNDING TO BE
RECEIVED FOR IMPROVEMENTS TO
THE SENTINEL CHICKEN PEN.
EXPENDITURE FOR CHICKEN PEN
IMPROVEMENTS IS REFLECTED AT
COA 118220
(1,262)
BUDGET DECREASE - DECREASE
RESERVE TRANSFER AMOUNT TO
THE MOSQUITO MANAGEMENT
FUND DUE TO DECREASE IN CLAG
EXPENDITURE BUDGET AND
ANTICIPATED FUNDING. TRANSFER
TO THIS RESERVE IS CALCULATED
AT 10% OF THE FUNDED AMOUNT
RECEIVED FROM DEPT OF HEALTH
(1,523)
BUDGET DECREASE REALLOCATION OF FUNDS TO THE
MOSQUITO MANAGEMENT
BUDGET DUE TO A SHORTFALL OF
FUNDS
0
CARRIED BY ABSOLUTE MAJORITY
F6/A0
8.2.3
INVESTMENTS AS AT 31 AUGUST 2016
File No:
Date of Meeting:
Location/Address:
Name of Applicant:
Name of Owner:
Author/s:
Declaration of Interest:
Voting Requirements:
2F0502
27th September 2016
Shire of Carnarvon
Shire of Carnarvon
Shire of Carnarvon
Sa Toomalatai, Finance Manager
Nil
Simple Majority
Summary of Item:
To seek Council’s endorsement of surplus funds invested to 31 August 2016
Description of Proposal:
N/A
24
Full Council Minutes – 27 September 2016
Background:
Nil
Consultation:
Takes place with Financial institutes prior to renewal of investments
Statutory Environment:
Section 6.14 of the Local Government Act 1995 grants Council the power to invest surplus funds.
Relevant Plans and Policy:
The investment report is produced in accordance with Council’s investment policy.
Financial Implications:
Nil
Risk Assessment:
No risk identified
Community & Strategic Objectives:
Outcome 5.2
A high standard of governance and accountability.
Maintain a high standard of corporate planning and reporting.
Ensure compliance with all relevant legislation and regulations.
Develop and implement audit and risk management processes.
Develop an understanding of the roles and responsibilities of elected members.
Implement ongoing professional development of best practice governance for elected
members and staff.
Comment:
The attached monthly report on investments (Schedule No. 8.2.3) has been compiled in accordance with the
reporting framework included as part of Council’s investment policy.
OFFICER’S RECOMMENDATION
That Council receive the investments report as at 31 August 2016.
FC 8/9/16
COUNCIL RESOLUTION & OFFICER’S RECOMMENDATION
Cr Skender/Cr Nelson
That Council receive the investments report as at 31 August 2016.
CARRIED
F6/A0
25
Full Council Minutes – 27 September 2016
8.2.4
File No:
Date of Meeting:
Location/Address:
Name of Applicant:
Name of Owner:
Author/s:
Declaration of Interest:
Voting Requirements:
AUDIT COMMITTEE MINUTES – 10 AUGUST 2016
2F0521
27th September 2016
Shire of Carnarvon
Shire of Carnarvon
Shire of Carnarvon
John Nuttall, Executive Manager Corporate Services
None
Simple Majority
Summary of Item:
This item presents to Council for noting and acceptance the minutes of the Audit Committee which met on
10 August 2016.
Description of Proposal:
That Council receive and approve the minutes of the Audit Committee meeting held on 10 August 2016. The
minutes are presented at Schedule 8.2.4(a). The documentation presented to the Audit Committee is at
Schedules 8.2.4(b) and 8.2.4(c).
Background:
As Council is aware, the Local Government Act 1995 (s.7.1A) requires an Audit Committee to be formed to
exercise the duties conferred on it. The most recent Committee meeting was held in August and reviewed
the recently received Financial Management Report and reviewed the Internal Auditing which has occurred
this financial year.
Consultation:
Nil
Statutory Environment:
Local Government Act 1995, Division 1A
7.1A. Audit committee
(1) A local government is to establish an audit committee of 3 or more persons to exercise the powers and
discharge the duties conferred on it.
7.1C. Decisions of audit committees
Despite section 5.20, a decision of an audit committee is to be made by a simple majority.
Relevant Plans and Policy:
This requirement is legislative rather than policy based.
Financial Implications:
Nil
Risk Assessment:
Should the Audit Committee not meet as required, and report back to the Council there would be a breach
of the Local Government Act, 1995.
26
Full Council Minutes – 27 September 2016
Community & Strategic Objectives:
Outcome 5.2
A high standard of governance and accountability.
5.2.1
Maintain a high standard of corporate planning and reporting.
5.2.2
Ensure compliance with all relevant legislation and regulations.
5.2.3
Develop and implement audit and risk management processes.
Comment:
Council is asked to note the documentation that was placed before the Audit Committee, along with the
resolutions passed by the Committee at its recent meeting, and receive/adopt the Audit Committee minutes.
OFFICER’S RECOMMENDATION
That Council:
1. Receive and adopt the minutes of the Audit Committee dated 10 August 2016, and presented at
Schedule 8.2.4(a).
2. Note the 2015/16 Financial Management Report and the Internal Audit summarises as presented in
Schedules 8.2.4(b) and 8.2.4(c) of this report.
FC 9/9/16
COUNCIL RESOLUTION & OFFICER’S RECOMMENDATION
Cr Garrett/Cr E Smith
That Council:
1. Receive and adopt the minutes of the Audit Committee dated 10 August 2016, and presented at
Schedule 8.2.4(a).
2. Note the 2015/16 Financial Management Report and the Internal Audit summarises as presented
in Schedules 8.2.4(b) and 8.2.4(c) of this report.
CARRIED
F6/A0
(Note to Minute – Cr Nelson requested that her apologies be recorded in the Audit Committee Minutes.)
8.2.5
File No:
Date of Meeting:
Location/Address:
Name of Applicant:
Name of Owner:
Author/s:
Declaration of Interest:
Voting Requirements:
FEES AND CHARGES VARIATIONS FOR 2016/2017
2F0514
27th September 2016
Shire of Carnarvon
Shire of Carnarvon
Shire of Carnarvon
Sa Toomalatai, Manager, Finance
Nil
Absolute Majority
Summary of Item:
To request that Council adopt the following variations to existing and the proposal of new fees and charges
with respect to the 2016/2017 financial year.
27
Full Council Minutes – 27 September 2016
Description of Proposal:
It is requested that the variations listed in the attached Schedule 8.2.5 for existing fees and charges, be
adopted by Council as a result of further review and consideration at Management level in relation to the
actual operational costs incurred by Council in delivering these services to the wider community base.
Council are also asked to adopt the new fees and charges submitted in the same schedule in light of new
services that are anticipated to be offered and delivered and that have been budgeted for in the current
financial year.
Background:
In accordance with Sections 6.16 to 6.19 of the Local Government Act 1995, a Local Government may impose
a fee or charge for any goods or service it provides. Fees and charges must be imposed when adopting the
annual budget, however may also be imposed or amended during the course of the year if necessary.
At the Ordinary Council meeting held on the 23rd of August 2016, Council adopted the current Fees and
Charges schedule as part of the overall adoption of the 2016/2017 Annual Budget.
Since this adoption, there has been a further review of the fees and charges schedule and some anomalies
have been identified in existing fees and charges that now require a variation.
In addition to this, there are also some new fees and charges that are required to be included in the current
schedule to reflect new services that will be offered and provided by the Shire of Carnarvon. The expenditure
and income for these new services has already been included in the current years’ budget but were not part
of the original fees and charges schedule adopted by Council in August.
Consultation:
Internal review of current Fees and Charges schedule and consultation was undertaken by Executive
Managers and senior staff.
Statutory Environment:
Local Government Act 1995
6.16.
(1)
(2)
(3)
Imposition of fees and charges
A local government may impose* and recover a fee or charge for any goods or service it provides or
proposes to provide, other than a service for which a service charge is imposed.
* Absolute majority required.
A fee or charge may be imposed for the following —
(a)
providing the use of, or allowing admission to, any property or facility wholly or partly owned,
controlled, managed or maintained by the local government;
(b)
supplying a service or carrying out work at the request of a person;
(c)
subject to section 5.94, providing information from local government records;
(d)
receiving an application for approval, granting an approval, making an inspection and issuing
a licence, permit, authorisation or certificate;
(e)
supplying goods;
(f)
such other service as may be prescribed.
Fees and charges are to be imposed when adopting the annual budget but may be —
(a)
imposed* during a financial year; and
(b)
amended* from time to time during a financial year.
* Absolute majority required.
28
Full Council Minutes – 27 September 2016
6.17.
(1)
(2)
(3)
(4)
Setting level of fees and charges
In determining the amount of a fee or charge for a service or for goods a local government is required
to take into consideration the following factors —
(a)
the cost to the local government of providing the service or goods;
(b)
the importance of the service or goods to the community; and
(c)
the price at which the service or goods could be provided by an alternative provider.
A higher fee or charge or additional fee or charge may be imposed for an expedited service or supply
of goods if it is requested that the service or goods be provided urgently.
The basis for determining a fee or charge is not to be limited to the cost of providing the service or
goods other than a service —
(a)
under section 5.96;
(b)
under section 6.16(2)(d); or
(c)
prescribed under section 6.16(2)(f), where the regulation prescribing the service also specifies
that such a limit is to apply to the fee or charge for the service.
Regulations may —
(a)
prohibit the imposition of a fee or charge in prescribed circumstances; or
(b)
limit the amount of a fee or charge in prescribed circumstances.
6.18.
Effect of other written laws
(1)
If the amount of a fee or charge for a service or for goods is
determined under another written law a local government may
not —
(a)
determine an amount that is inconsistent with the
amount determined under the other written law; or
(b)
charge a fee or charge in addition to the amount
determined by or under the other written law.
A local government is not to impose a fee or charge for a service
or goods under this Act if the imposition of a fee or charge for
the service or goods is prohibited under another written law.
(2)
6.19.
(a)
(b)
Local government to give notice of fees and charges
If a local government wishes to impose any fees or charges
under this Subdivision after the annual budget has been adopted
it must, before introducing the fees or charges, give local public
notice of —
its intention to do so; and
the date from which it is proposed the fees or charges will be imposed.
Relevant Plans and Policy:
No existing Policy affected.
Financial Implications:
The adopted 2016/2017 operating budget is partially based on the revenue generated from services provided
by the Council to the local community and also Council’s external clientele base.
Risk Assessment:
The possible risk associated with not adopting the variations to existing and proposed new fees and charges
for 2016/2017 is that it may result in a reduction of anticipated income.
29
Full Council Minutes – 27 September 2016
The length of the delay of implementation of these changes to the current fees and charges schedule will
also result in a delay in the delivery of new services that have already been accounted for in the adopted
2016/2017 budget.
To mitigate this potential risk, it is recommended that Council adopts the variations and proposed new fees
and charges to form the current 2016/2017 Fees and Charges schedule.
Community & Strategic Objectives:
Outcome 5.2
A high standard of governance and accountability.
Maintain a high standard of corporate planning and reporting.
Ensure compliance with all relevant legislation and regulations.
Develop and implement audit and risk management processes.
Outcome 5.4
Long-term financial viability.
Continue to comply with national financial reporting frameworks.
Maintain a high standard of financial management.
Comment:
Council reviews all fees and charges on an annual basis, prior to the finalisation of the annual budget. An
extensive review was conducted in preparation of the 2016/2017 budget whereby, officers adopted a focus
on improving revenue raised through fees and charges based on full cost recovery through a user pays
principle. This was conducted through consultation and engagement with responsible officers accountable
for individual fees and charges levied, and furthermore with Council prior to the adoption of the budget in
August 2016.
As noted in the Background section of this agenda item above, the schedule attached has since identified
various changes that need to be implemented for both existing and the proposal of new fees and charges for
the current financial year.
To assist in Council’s consideration of this proposal and the officer’s recommendation, the schedule attached
includes two additional columns to the existing format of the current fees and charges schedule. A column
that will advise if the fee or charge is “Existing” or “New” and a “Comments” column that offers an
explanation as to why a variation has been requested to amend an existing fee or charge and also to support
the submission of a new fee or charge.
Council is also advised that an inadvertent oversight to the waste fees had occurred, and has since been
corrected in the Schedule of Fees with the word ‘administration’ fee being changed to read ‘service’ fee for
commercial operators disposing of waste materials at the Browns Range Landfill facility.
OFFICER’S RECOMMENDATION
That Council:
1. In accordance with section 6.16 and 6.17 of the Local Government Act, 1995 adopt the following fees
and charges and include in the current 2016/2017 Fees and Charges schedule;
2. In accordance with section 6.19 of the Local Government Act, 1995;
(a) set an effective date to impose the following fees and charges, being 15th October 2016;
30
Full Council Minutes – 27 September 2016
(b) publicly advertise its intention to impose the following fees and charges and the date in which
they will take immediate effect.
FC 10/9/16
COUNCIL RESOLUTION & OFFICER’S RECOMMENDATION
Cr Nelson/Cr Garrett
That Council:
1.
In accordance with section 6.16 and 6.17 of the Local Government Act, 1995 adopt the following fees
and charges and include in the current 2016/2017 Fees and Charges schedule;
2.
In accordance with section 6.19 of the Local Government Act, 1995;
(b) set an effective date to impose the following fees and charges, being 15th October 2016;
(b) publicly advertise its intention to impose the following fees and charges and the date in which
they will take immediate effect.
CARRIED BY ABSOLUTE MAJORITY
F6/A0
8.3
DEVELOPMENT SERVICES
8.3.1
ENDORSEMENT OF CARNARVON COMMUNITY COLLEGE CAR PARKS IN MARMION STREET
8.46am – Cr E Smith declared in Impartiality Interest in this item as he is a Member of the School Council.
Cr E Smith was not required to leave the meeting and could participate and vote on the matter.
File No:
Date of Meeting:
Location/Address:
Name of Applicant:
Name of Owner:
Author:
Declaration of Interest:
Voting Requirements:
Date of previous meeting:
A946; 5RD100
27th September 2016
Marmion Street Road Reserve adjacent R15274 Lot 1161 on P205734
(HN) 27 Marmion Street, East Carnarvon
Department of Education
Shire of Carnarvon
Robert Pringle, Planning Officer
Nil
Simple Majority
23rd February 2013
Summary of Item:
This report concerns a request on behalf of the WA Department of Education to reconstruct, drain and
bitumise the existing Marmion Street car park and construct a second car park further North within the
Marmion Street road reserve as part of the Stage 2 of Carnarvon Community College redevelopment. Upon
review by the Shire’s Development and Infrastructure Directorates it is recommended the Council support
the request subject to conditions, inclusive of an agreement to be executed by the Minister for Education
and the Local Government indicating that the Minister is responsible for maintenance and liability for the
car park areas.
Description of Proposal:
The existing car park on Marmion Street is outlined in Figure 1. Figure 2 (next page) and Schedule 8.3.1,
demonstrate the extent of the proposed renovation and addition of a third car park adjacent to the property.
31
Full Council Minutes – 27 September 2016
Figure 1 – Existing Marmion Street Car Park
32
Full Council Minutes – 27 September 2016
The existing car parking areas will retain many of the same features, such
as access points, but will be bitumised and allow for surface runoff to be
collected and channeled into existing storm water drainage
infrastructure at the intersection of Gascoyne Road.
The combined total of car parking spaces will be 64 and 28 spaces in
parking area ‘A’ and ‘B’ respectively. Two ACROD bays are provided in
priority positions for accessibility to each campus area.
With a projected increase in motor vehicle, pedestrian and cycle
movements in the area, a Traffic Impact Assessment has been
independently prepared, quantifying and commenting on the traffic
impacts associated with the Primary School use on the existing road
network. Although the focus is on immediate issues associated with
Stage 2 development, the assessment also considers the ultimate
development of the site, inclusive of the relocation of the secondary
school from the Cleaver Street campus.
B
There will be a total of three (3) vehicle access points to Marmion Street.
The access to area ‘B’ and the northern access to area ‘A’ are located just
south of Smith Street and Fleming Street intersections respectively. The
traffic impact assessment relates to preliminary designs which included
extension to area ‘A’ only, not a separate area ‘B.’ Though the report
therefore does not address traffic impact to Smith Street, the offset and
design is similar to the location of Fleming Street and the northern entry
of area ‘A.’ From the impact assessment, the design will not negatively
impact traffic flow at the intersection due to low overall vehicle counts
during peak periods.
The existing footpath/cycleway along the property boundary is shown to
be replaced from the southern extent of car park ‘A’ to the northern
extent of car park ‘B’. The width will be a minimum of two metres. This
footpath travels in the same general area as sub-surface scheme water
pipes managed by WaterCorp. The location of the pedestrian crossing on
Marmion Street will remain the same, however new crossing through
area ‘A’ will reduce pedestrian/vehicle conflict within the reserve.
A
Figure 2 – Proposed Car Park
Site Plan
The parking area that was previously accessed from area ‘A’ is the
proposed site of a new faculty/administration building, thus the net
effect of the proposals will mean that all car parking associated with the
current stages of development will be located within the Marmion Street
and Gascoyne Road road reserves.
Background:
In Stage 1 of the Carnarvon Community College development,
consolidation of the East Carnarvon and Central Carnarvon primary
schools was achieved. Stage 2 of the development will include significant
redevelopment of ageing buildings and provision of new administration,
kindergarten, sports courts, general classrooms, and an arts, crafts &
music centre. A variety of landscaping works will take place, including a
central outdoor ‘mall’ continuing the development plan from the Stage
1 redevelopment.
33
Full Council Minutes – 27 September 2016
In February 2013, Council considered the development of the Gascoyne Road parking and drop-off/pick-up
area. At the time, Council was made aware of the general objectives of the entire redevelopment project. To
accommodate all of the desired development within the existing Lots/Reserve Area, including adequately
sized sporting ovals, land outside of the property boundaries was considered necessary. Since the most
harmonious use of a road reserve would be for car parking, Council endorsed the development of the car
park. As a condition of approval, Council required an agreement to be prepared which would indemnify the
Shire from responsibility from maintenance and risks associated from the carpark, and additionally that the
Department for Education is to demonstrate appropriate insurance cover against such risk.
Though the development was undertaken, the agreement was never finalised. The matter was brought to
the attention of officers when similar arrangements were considered for the WACHS redevelopment and
parking proposal for Francis Street.
Consultation:
The matter has been referred internally through the Assets, Infrastructure and Planning sections, with minor
amendments being proposed in relation to storm water drainage. The proposed agreement has been
reviewed by the Manager Governance and Executive Manager Corporate Services.
Statutory Environment:
Public Works Act 1902
public work and work mean and include —
(a) every work which the Crown, or the Governor, or the Government of Western Australia, or any Minister of
the Crown, or any local authority is authorised to undertake under this or any other Act; (b) any railway
authorised by special Act or any work whatsoever authorised by any Act;
(h) public schools or any other schools authorised to be established wholly or in part at the public cost by any
Act in force for the time being, universities, colleges, technical and other educational institutions, including
residences or hostels for teachers or students, and play-grounds;
Planning and Development Act 2005
Clause 6 of the Act excludes public works identified in the Public Works Act 1902 from being subject to the
Planning and Development Act. The Shire is to be consulted when the proposal for any public work is made,
and the relevant Planning Scheme should be considered.
Town Planning Scheme No. 10
The property and reserve is identified as a ‘Public Purposes – School Site’ reserve. Marmion Street is
identified as a ‘local road’ reserve. Car parking, footpaths, and storm water drainage are uses consistent with
a road reserve.
Relevant Plans and Policy:
East Carnarvon – Kingsford District Structure Plan
Relevant actions achieved through the proposal:
- Streetscape improvements along Marmion Street;
- Focus educational land uses in East Carnarvon to assist in creating an education hub;
Related actions achieved through the proposal:
- Upgrade of footpath/cycleway infrastructure adjacent to the car park areas
- Formalisation of existing school parking recognised in Figure 63 (page 93).
Liveable Neighbourhoods
Marmion Street is classified as an ‘Access Road’ under Main Roads hierarchy. The desirable traffic volume is
less than 3000vpd at 50km/h.
Financial Implications:
There are no immediate financial implications for the Shire, with the Department of Education being
responsible for all construction costs for the proposed car parking area.
34
Full Council Minutes – 27 September 2016
However, Council needs to be mindful that there will be a need for the car parking area to be maintained and
upgraded over the long term. Additionally, matters concerning public liability also need to be addressed.
Accordingly, it is recommended that any endorsement to the car park being situated in the road reserve be
supported by a deed of agreement being executed that ensure the Department of Education will also be
responsible for public liability and all maintenance repairs and upgrading works in perpetuity.
Risk Assessment:
Failure to complete a Deed of Agreement with the Department of Education could result in long term
financial and risk liability to the Shire.
Community & Strategic Objectives:
The importance of improved education is recognized in the Carnarvon Strategic Community Plan 2011, with
a focus on increasing capacity as reflected in the following outcomes extracted from the Community Plan:
Outcome 1.2 Increased availability of serviced residential, commercial and industrial land.
1.2.3
Facilitate and / or participate in the development of Shire, State Government and private
sector land holdings.
Outcome 1.5 Increased capacity of education and training services.
Comment:
Stage 2 of the Carnarvon Community College project provides for only a slightly increased number of student
spaces. It will provide for additional staff and faculty capacity, though the bulk of this space would not be
filled until Stage 3 of the development. The reconfiguration of car parking spaces in area ‘A’, deletion of staff
parking within the property boundary, and the additional car parking area ‘B’ leaves a net increase of 28 car
parking spaces serving the College.
The traffic impact assessment prepared independently for the Department identifies that existing traffic
volume on Marmion Street is 1,300vpd and will only increase minimally through to Stage 3 of the
development. The traffic volume is well within desired range of traffic volume for the ‘Access Street’
classification set by Main Roads and the Liveable Neighbourhoods guidelines. In regards to vehicular speed,
Marmion Street is normally a 50 km/hr zone, and has a ‘School Zone’ restriction of 40km/hr during peak
morning arrival and afternoon departure time periods.
As the proposal is located within the road reserve, the Shire should undertake measures to ensure all
associated maintenance, repairs and liability remains with the applicant. As previously mentioned this should
include the applicant preparing and executing with the Shire a Deed of Agreement that indemnifies the Shire
from responsibility for maintenance, repair and damage to the car park and includes the maintenance of
adequate insurance coverage.
The previous car parking area endorsed in 2013 by the Shire should be included in the Agreement, since the
process undertaken following Council’s endorsement was not executed. It is anticipated that there may be
similar requests made by the Department once Stage 3 (High School) of the project is advanced. The traffic
impact assessment has already identified probable traffic impacts from this development, though it would
be prudent for the assessment to be revised should infill development in the surrounding residential areas
occur ahead of Phase 3.
Despite the Town Planning Scheme No. 10 and Planning and Development Act 2005 not being applicable due
to the nature of the public works, the proposal is consistent with the intent of a ‘local road’ reserve.
Additionally, the proposal achieves several of the broad actions and discussion points of the East CarnarvonKingsford District Structure Plan in terms of the Marmion Street streetscape. In it’s maintenance and planning
cycles for infrastructure development, the footpaths developed as a part of this proposal should be linked to
35
Full Council Minutes – 27 September 2016
other neighbourhood footpaths – with the result being improved pedestrian and cycling connectivity from
Robinson Street through to Chinaman’s Pool.
OFFICER’S RECOMMENDATION
That Council endorse the car park redevelopment and expansion within the Marmion Street road reserve
adjacent to Lot 1161 Marmion Street, subject to the following conditions:
(1) The car park areas shall be developed to generally accord with the endorsed plans (Schedule 8.3.1) dated
27 September 2016. The endorsed plans shall not be significantly modified or altered without the prior
written endorsement of the CEO.
(2) The proponent shall indemnify the Shire of Carnarvon from all liability and be responsible for all recurrent
maintenance and future upgrading of the Carnarvon Community College car parking areas including
associated drainage and pedestrian pathways, with a legal Deed of Agreement to this effect being
prepared at the proponent’s expense and executed by the Shire of Carnarvon and the WA Education
Department prior to commencement of construction.
The agreement shall be inclusive of the Gascoyne Road car park.
(3) The proponent shall submit to the local government prior to commencement of construction a current
insurance policy that covers the car park areas which shall continue to be kept current in perpetuity.
FC 11/9/16
COUNCIL RESOLUTION & OFFICER’S RECOMMENDATION
Cr Garrett/Cr B Smith
That Council endorse the car park redevelopment and expansion within the Marmion Street road reserve
adjacent to Lot 1161 Marmion Street, subject to the following conditions:
(1) The car park areas shall be developed to generally accord with the endorsed plans (Schedule 8.3.1)
dated 27 September 2016. The endorsed plans shall not be significantly modified or altered without
the prior written endorsement of the CEO.
(2) The proponent shall indemnify the Shire of Carnarvon from all liability and be responsible for all
recurrent maintenance and future upgrading of the Carnarvon Community College car parking areas
including associated drainage and pedestrian pathways, with a legal Deed of Agreement to this effect
being prepared at the proponent’s expense and executed by the Shire of Carnarvon and the WA
Education Department prior to commencement of construction.
The agreement shall be inclusive of the Gascoyne Road car park.
(3) The proponent shall submit to the local government prior to commencement of construction a current
insurance policy that covers the car park areas which shall continue to be kept current in perpetuity.
CARRIED
F6/A0
8.3.2
DEVELOPMENT APPROVAL: CARNARVON YACHT CLUB ABLUTION BLOCK, PUMP HOUSE AND
WATER TANK
8.48am – Cr Nelson declared an Impartiality Interest in this item as her parents are members of the
Carnarvon Yacht Club. Cr Nelson was not required to leave the meeting and could participate and vote on
the matter.
8.48am – President Brandenburg declared an Impartiality Interest in this item as he is a member of the
Carnarvon Yacht Club. President Brandenburg was not required to leave the meeting and could participate
and vote on the matter.
36
Full Council Minutes – 27 September 2016
File No:
Date of Meeting:
Location/Address:
Name of Applicant:
Name of Owner:
Author:
Declaration of Interest:
Voting Requirements:
Date of previous meeting:
A3880 P71/16
27th September 2016
Lease YC Carnarvon Boat Harbour – Pt Lot 1337 on P91032 Harbour Road,
South Carnarvon
Carnarvon Yacht Club
Department for Transport
Robert Pringle, Planning Officer
Nil
Simple Majority
Nil
Summary of Item:
This report concerns a development application by the Carnarvon Yacht Club to erect a transportable
building which will provide ablutions and change rooms adjacent to the newly developed marina pens. The
application also seeks development approval for the shipping container located on the property which
contains a pump system to increase pressure of scheme water. Upon review by the Shire’s Planning, Building
and Environmental Health sections it is recommended the Council support the request subject to conditions.
Description of Proposal:
The Carnarvon Yacht Club (CYC) has purchased a second-hand transportable accommodation unit which was
previously located in the City of Karratha at a mining/construction camp. As the transportable was designed
and erected for another Wind Region D setting, it is an appropriate form of development for the Carnarvon
region.
The use of the transportable will be a change room and ablution facility catering primarily to yachters using
the new marina pens on extended stays in Carnarvon. A limited number of pens are permitted to be used for
such guests as per the constitution of the CYC. The facilities are likely to have limited use by locals. There are
toilet facilities existing within the lease area and the main clubhouse on the adjacent freehold property.
The transportable is 14.44m long by 3.33m wide by 2.7m high. Schedule 8.3.2 contains photos of the
transportable (‘Elevations’). There are four units in the transportable, each with an ensuite containing a
shower, toilet and hand basin. The existing layout of the accommodation unit includes a single bed, work
desk and some cabinetry. The CYC will remove the single beds and are likely to provide some sort of bench
seating to complement the change room function. No habitation will be permitted in the transportable.
As shown in Figure 1 (next page) and Schedule 8.3.2, the transportable will be located in line with the new
secure access point for the holding pens. A setback of 2 metres will be provided from the lease boundary. An
internal roadway of compacted dredge spoil with a topcoat of river sand runs between the marina access
and the proposed site.
A verandah was purchased with the transportable (photo in Schedule 8.3.2) and will be reconstructed on site
once the transportable is tied down. The verandah is the same length as the transportable and is
approximately 2.1m wide. The transportable will require a concrete pad for tie-down, which could be
extended to include underneath the verandah area. Steps may be used to provide access to the doorways.
The development is proposed to include a greywater recycling system, which is proposed to be used on the
landscaped area on the northern side of the marina. The landscaped area was developed following the water
works earlier this year. The system is subject to approval through the Department of Health, and the
applicants have been liaising with the Shire’s Contract Environmental Health Officer to ensure compliance. A
standard leach drain system may be used if the treatment system is not feasible.
37
Full Council Minutes – 27 September 2016
Figure 1 – Site plan showing site redevelopment and proposed development
As a part of the marina redevelopment project, the CYC was having difficulty getting adequate water pressure
from the scheme water connection point. They realised that a water pump system would be required, and
for security, invested in a sea container to house the pump and minimise ambient pump noise. A water
storage tank supports the system. These developments were erected without Shire approval, and the current
application seeks retrospective approval. Both structures are located 1.8m from the northeast boundary
(Best Western property) and 4.5m from the Harbour Road boundary.
Background
The CYC obtained a 21-year lease for the current land and marina area from Department of Transport in
1993. At the time, the land was primarily saltmarsh filled with river sediment. CYC raised and obtained funds
to dredge the marina and channel areas in order to create land-access boat pens.
In 2015, a Royalties for Regions grant made the redevelopment of the groyne area possible. Works
undertaken between November 2015 and April 2016 included stabilising and extending the sea walls at the
entry to the marina and dredging the groyne and marina area to an appropriate depth. The works should
have the effect of reducing the rate of sedimentation in the marina.
Once the groyne was removed, installation of floating pens was possible. This area is made secure with a
keypad access gate from land. Several pens are now available for hire by passing yachters.
The pump house (sea container) and water tank were erected in early 2016 without development approval
being sought. Retrospective applications are required for development approval and a building permit for
38
Full Council Minutes – 27 September 2016
these structures. The sea container and water tank sit on a concrete pad. The sea container is tied down
appropriately. When full, the water tank has sufficient mass to stay immobile against wind force. It is kept
full at all times in order for the pump to work properly.. The purpose of the pump is to increase the pressure
of the scheme water to allow distribution over the landscaped areas and to provide scheme water to the
marina area – including to the holding pens.
Consultation:
A site inspection was carried out with the Building Surveyor, Contract Environmental Health Officer and
Planning Officer in attendance. All parties were satisfied that the development could reasonably be made in
compliance with the relevant legislation and regulations.
No public notification is required under Town Planning Scheme No. 10.
Statutory Environment:
Town Planning Scheme No. 10 (TPS 10)
The affected land is reserved ‘Public Purposes – Harbour Purposes’ in TPS 10. As a scheme reserve, all
development is subject to local government approval, and the development should address the ultimate
purpose of the reserve.
Relevant Plans and Policy:
State Planning Policy 2.6 State Coastal Planning Policy
The policy was reviewed and no policy measures apply to the proposed development.
State Planning Policy 6.3 Ningaloo Coast
Environmental impacts related to the proposal will be managed by the Department of Health’s assessment
of the application for on-site effluent disposal.
The proposal represents an economic benefit to the Ningaloo Coast area, by supporting on-water activity
and experience of the Ningaloo Coast.
TPS 10 Policy Statement No. 16 – Shipping (sea) containers
The proposed use of a shipping container for the pump house must comply with the Scheme Policy. The
proposed container is in good repair upon inspection.
Financial Implications:
There are no financial implications associated with the officer’s recommendation.
Risk Assessment:
There is no risk to the Local Government associated with the officer’s recommendation
Community & Strategic Implications:
The proposed development accords with the following outcomes and objectives of the Shire of Carnarvon
Strategic Community Plan 2011:
Outcome 1.1 Increased tourism within the region
1.1.1
Promote and support local and regional tourism initiatives.
1.1.2
Facilitate the opportunities and funding options for niche tourism products and experiences.
1.1.7
Promote and support festivals, events and attractions that add value to the District’s economy.
Comment:
The proposed development is consistent with the objectives of the Scheme Reserve. The goal of the
development is to provide services to travelling yachters, boosting the amenity for their stay in Carnarvon.
The redevelopment of the marina has already resulted in increased interest in Carnarvon, and the Yacht Club
hopes to retain a complement of repeat visitors and also to attract new visitors to Carnarvon as a result.
39
Full Council Minutes – 27 September 2016
The developments have been located on the property in a way that reduces the need for additional
infrastructure (such as being adjacent to water connections and power) and also minimized distance between
the floating pens and the services. Shade cloth is used on the chain mesh fence to screen the entire yacht
club development from view from Harbour Road.
The proposed usage rate is to be controlled through the membership of the Yacht Club. The Club Committee
implemented By-Law Number 5 earlier this month to limit the number of overnight guests in the marina to
20. The applicant has expressed interest in an effluent treatment system which may permit the recycling of
grey water for use on the landscaped areas within the marina. Should there be need for any additional
structures or buildings to house a part of such system, it is recommended that endorsement of the local
government be sought and that the development be complementary and adjacent to the current proposed
facilities.
OFFICER’S RECOMMENDATION
That Council,
1. Pursuant to Shire of Carnarvon Town Planning Scheme No. 10 Deemed Provisions Clause 68 grant
development approval for application P71/16 A3880 for development and use of a transportable
ablution, pump house (sea container) and water tank on land described as Lease YC of Lot 1337 on
P91032 Harbour Road, South Carnarvon subject to the following conditions:
a. The development and use hereby approved shall be in accordance with the Approved Plans
(Schedule 8.3.2) dated 27 September 2016, including any conditions placed thereon by the
Shire of Carnarvon.
b. The building so approved shall be used for an ablution block only.
c. The transportable ablution building shall be set back a minimum 2m from the lease boundary.
d. The pump house (sea container) shall be set back a minimum 1.8m from the northeastern lot
boundary. It shall not be permitted to fall into disrepair or become unsightly and be kept free
from visible rust.
e. The water tank shall be located a minimum 1.8m from the northeastern lot boundary and
4.5m from the southeastern lease boundary adjacent to Harbour Road.
f. A building or structure to be erected above ground for the purposes of effluent treatment
from the ablution facility shall be identified on an amended site plan and shall not be installed
or erected without prior written approval of the CEO.
g. A landscaping plan, providing screening of the approved developments from the adjacent
property and roadway, shall be submitted for approval by the Local Government and
implemented within 6 months of the date of the approval.
2. Provide the following advice notes in addition to the regulatory notes with the notice of determination
on the approval granted in item 1:
a. This approval does not confer approval under other relevant legislation, including but not
limited to, the Building Act 2011 and Health Act 1911. It is the responsibility of the Applicant
to determine any necessary approvals required and obtain such approvals prior to the
commencement of development and use. However to assist in understanding the necessary
requirements and approvals, further information can be obtained by contacting the Shire of
Carnarvon Building Services and Environmental Health Departments on (08) 9941 0000.
b. With respect to condition (d), Council’s Scheme Policy Statement No. 16 requires uniform
colouring to match existing development on the site. The existing colour scheme should be
maintained, as it matches the existing and proposed ablution facilities.
c. With respect to condition (f), such buildings or structures shall be sited in accordance with
the Health Act 1911 and associated regulations, and are subject to approval of the WA
Department of Health and the Shire of Carnarvon, and should not be installed or erected
without evidence of all approvals being obtained.
d. With respect to condition (g), the purpose of the landscaping is to achieve visual screening
from adjacent properties and Harbour Road utilizing natural features. It is recommended that
native species are utilised where practical to achieve these outcomes.
40
Full Council Minutes – 27 September 2016
FC 12/9/16
COUNCIL RESOLUTION & OFFICER’S RECOMMENDATION
Cr B Smith/Cr Nelson
That Council,
1. Pursuant to Shire of Carnarvon Town Planning Scheme No. 10 Deemed Provisions Clause 68 grant
development approval for application P71/16 A3880 for development and use of a transportable
ablution, pump house (sea container) and water tank on land described as Lease YC of Lot 1337 on
P91032 Harbour Road, South Carnarvon subject to the following conditions:
a. The development and use hereby approved shall be in accordance with the Approved Plans
(Schedule 8.3.2) dated 27 September 2016, including any conditions placed thereon by the
Shire of Carnarvon.
b. The building so approved shall be used for an ablution block only.
c. The transportable ablution building shall be set back a minimum 2m from the lease
boundary.
d. The pump house (sea container) shall be set back a minimum 1.8m from the northeastern
lot boundary. It shall not be permitted to fall into disrepair or become unsightly and be
kept free from visible rust.
e. The water tank shall be located a minimum 1.8m from the northeastern lot boundary and
4.5m from the southeastern lease boundary adjacent to Harbour Road.
f.
A building or structure to be erected above ground for the purposes of effluent treatment
from the ablution facility shall be identified on an amended site plan and shall not be
installed or erected without prior written approval of the CEO.
g. A landscaping plan, providing screening of the approved developments from the adjacent
property and roadway, shall be submitted for approval by the Local Government and
implemented within 6 months of the date of the approval.
2. Provide the following advice notes in addition to the regulatory notes with the notice of
determination on the approval granted in item 1:
a. This approval does not confer approval under other relevant legislation, including but not
limited to, the Building Act 2011 and Health Act 1911. It is the responsibility of the
Applicant to determine any necessary approvals required and obtain such approvals prior
to the commencement of development and use. However to assist in understanding the
necessary requirements and approvals, further information can be obtained by contacting
the Shire of Carnarvon Building Services and Environmental Health Departments on (08)
9941 0000.
b. With respect to condition (d), Council’s Scheme Policy Statement No. 16 requires uniform
colouring to match existing development on the site. The existing colour scheme should be
maintained, as it matches the existing and proposed ablution facilities.
c. With respect to condition (f), such buildings or structures shall be sited in accordance with
the Health Act 1911 and associated regulations, and are subject to approval of the WA
Department of Health and the Shire of Carnarvon, and should not be installed or erected
41
Full Council Minutes – 27 September 2016
without evidence of all approvals being obtained.
d. With respect to condition (g), the purpose of the landscaping is to achieve visual screening
from adjacent properties and Harbour Road utilizing natural features. It is recommended
that native species are utilised where practical to achieve these outcomes.
CARRIED
F6/A0
8.3.3
DEVELOPMENT APPLICATION: 70M GUYED MAST STRUCTURE AND FENCING TO GUY
BLOCKS
File No:
Date of Meeting:
Location/Address:
Name of Applicant:
Name of Owner:
Author:
Declaration of Interest:
Voting Requirements:
Previous Report:
A3278; P69/16
27th September 2016
Lot 256 on DP168942 North West Coastal Hwy Brown Range
Broadcast Australia Pty Ltd
Broadcast Australia Pty Ltd
Robert Pringle Planning Officer
Nil
Simple Majority
N/A
Summary of Item:
A development application has been received from Broadcast Australia as they seek to replace the current
100m lattice tower with a 70m guyed mast on Lot 256 North West Coastal Highway. The land is reserved
‘Public Purposes – Radio Australia’, thus the communications tower is a suitable land use and the structure
is recommended for approval. The applicant will be required to notify the Carnarvon Airport operations as
the towers are constructed and demolished in order to assist with updating navigational references.
Description of Proposal:
The proposed development is to erect a new 70m tall guyed mast
(narrow structure with wide support wires) to replace the existing
100m lattice tower (shown in Figure 1) which is nearing the end of its
lifecycle and is severely corroded (refer Schedule 8.3.3 (a)).
The existing and proposed tower both are contained within a 9,040m2
compound on the larger lot, which is serviced by an internal road
network. The compound also houses some satellite dishes and
operational buildings. As a result of the guy wires being used for the
new mast, two areas outside the compound will be required for the
ground anchors. These areas will be fenced with chain mesh and barbed
wire to prevent unauthorised access.
The proposal is further detailed in the plans attached as Schedule 8.3.3
(c), but an extract of the site plans is provided at Figure 2 (next page)
for clarity.
Figure 1 – Existing tower
viewed from NWCH
Background:
Lot 256 has a long history of use for broadcast and telecommunications purposes, and was the site of the
NASA Tracking Station from 1964 to 1975. The buildings associated with this operation were
decommissioned, but the site has been recognised as place ‘MI 25 – Former NASA Tracking Station’ in the
Shire’s Heritage Inventory. The Broadcast Australia compound and tower are not subject to the heritage
listing.
42
Full Council Minutes – 27 September 2016
Broadcast Australia was the proponent of a new communications tower at Robinson Street and Lewer Road
intersection in September 2014, where the Shire argued that exemption under the National Transmission
Network Sales Act 1998 did not include new construction, and that development approval was required.
Consultation:
The development application details were forwarded to the Airport Supervisor, who provided the
information to Aerodrome Management Services P/L for comment. Similarly, the applicant forwarded the
information through to CASA, with response recorded at Schedule 8.3.3 (b). Essentially, once the new tower
is erected, notice to the airport operator is required for updates to the navigational aid database. Similar
action will occur once the current tower is demolished.
KEY MAP
ENLARGEMENT
Figure 2 – Site Plans – Key Map and Enlargement showing the development proposal.
43
Full Council Minutes – 27 September 2016
Statutory Environment:
National Transmission Network Sales Act 1998
Previously the Shire has argued the following ‘exemption’ claimed under Subsection 24(3) of the Act was
flawed and successfully required Broadcast Australia to submit a development application. The subsection
reads as follows:
“24(3)
A State regulatory law does not apply to a site or telecommunications facility that:
a) is owned by the Commonwealth, an NTC or a declared successor; and
b) was used at any time before the commencement of this Act in connection with a
protected activity.”
The Shire’s argument is that subsection 24(5) applies, as the construction occurred after the commencement
of the Act, and therefore the Planning and Development Act 2005 Applies:
“24(5) Subsections (3) and (4) do not apply to a building, structure or other telecommunications
facility that commenced to be constructed after the commencement of this Act”.
Planning and Development Act 2005
As the National Transmission Network Sales Act 1998 does not apply to this construction, development is
subject to the State of Western Australia’s current Planning and Development Act.
Shire of Carnarvon Town Planning Scheme No. 10
The land is reserved “Public Purposes – Radio Australia” and any development is subject to Development
Approval in accordance with Part III of the Scheme and Clause 60 of the Deemed Provisions of the Scheme.
Relevant Plans and Policy:
State Planning Policy 5.2 – Telecommunications Infrastructure
This Policy recognises the importance of telecommunications services and provides a framework for the
preparation, assessment and determination of applications for development approval. The policy states that
Telecommunications Infrastructure should be sited and designed in accordance with the Guidelines for the
Location, Siting and Design of Telecommunications Infrastructure. The proposed development accords with
the guidelines.
Financial Implications:
There are no financial implications associated with the officer recommendation.
Risk Assessment:
There are no risks associated with the officer recommendation.
Community & Strategic Objectives:
The matter before Council generally accords with the following Shire desired outcome as expressed in the
Carnarvon Strategic Community Plan 2011:
Outcome 5.2
A high standard of governance and accountability.
5.2.2
Ensure compliance with all relevant legislation and regulations.
Comment:
Broadcast Australia has, since September 2014, conceded to the Shire’s interpretation of the National
Transmission Network Sales Act 1998. They have now submitted a development application to replace an
existing 100m tower with a reduced height guyed mast on their site in Brown Range. The facility currently
provides for FM radio and Digital TV broadcasting services.
The proposed development is limited to a small area of the existing site. It will not have an impact on any
adjacent property, and additionally it does not impact on the heritage site identified as the Former NASA
Tracking Station (Shire of Carnarvon Municipal Inventory 2015 Place No. 25). There are no impacts to the
44
Full Council Minutes – 27 September 2016
Dampier-Bunbury Natural Gas Pipeline which runs in an easement inside the eastern and northern
boundaries of the whole Lot.
Broadcast Australia has provided correspondence from CASA in relation to the proposal – which identifies
that the principal requirement would be for notification to be made to the Airport Supervisor when there are
changes made. This would include notification both when the new tower is erected and the old tower is
demolished. Further clarification is provided at Schedule 8.3.3 (b).
The author notes that in the site plan, the guy site within the existing compound is sited over a ‘gravel road’.
This road is very informal and its use is negligible, therefore it would be easy to relocate the road or otherwise
cease its use.
The proposal meets the objectives of State Planning Policy 5.2 – Telecommunications Infrastructure. In
regards to visual impact of the development, the current 100m tower acts as a landmark for travellers in both
directions through Carnarvon. It is one of the first structures visible on approach. The reduced height means
that there will be a reduced visual impact. As the former NASA Tracking Station buildings have been removed
from the site, the visual impact of the tower does not negatively affect the heritage place.
Unlike the Broadcast Australia tower located at the intersection of Robinson Street and Lewer Road, this
facility is not adjacent to the object limit surface of the existing airport operation. It is also located in a
predominantly rural setting, not creating visual amenity issues in the surrounding area. Thus it is appropriate
to permit the development with fewer conditions relating to visual amenity, and to instead focus on the
requirement to notify airport operations so that navigational databases will be updated.
OFFICER’S RECOMMENDATION
That Council,
1. Pursuant to Shire of Carnarvon Town Planning Scheme No. 10 Deemed Provisions Clause 68, grant
development approval for application P69/16 A3278 for development of a 70m guyed mast
structure and fencing to guy blocks at Lot 256 on DP168942 North West Coastal Hwy, Brown Range
subject to the following conditions:
a. The development is generally in accordance with the approved plans (Schedule 8.3.3 (c)) dated
27 September 2016, and shall be subject to any modifications required as a consequence of any
condition(s) of this approval. The endorsed plans shall not be modified or altered without the
prior written approval of the CEO.
b. The broadcast tower shall be lit and marked to the satisfaction of the CEO according to the
recommendations of the Civil Aviation Safety Authority (CASA).
2. Provide the following advice notes with the notice of determination on the approval granted in item
1, in addition to the standard advice notes:
a. This approval does not confer approval under other relevant legislation, including but not limited
to, the Building Act 2011. It is the responsibility of the Applicant to determine any necessary
approvals required and obtain such approvals prior to the commencement of development and
use. However to assist in understanding the necessary requirements and approvals, further
information can be obtained by contacting the Shire of Carnarvon Building Section on (08) 9941
0000.
b. One weeks’ notice prior to erection of the new guyed mast and demolition of the existing tower
should be given to Carnarvon Aerodrome management. Please notify via the following emails:
[email protected] & [email protected].
45
Full Council Minutes – 27 September 2016
FC 13/9/16
COUNCIL RESOLUTION & OFFICER’S RECOMMENDATION
Cr Garrett/Cr Nelson
That Council,
1. Pursuant to Shire of Carnarvon Town Planning Scheme No. 10 Deemed Provisions Clause 68,
grant development approval for application P69/16 A3278 for development of a 70m guyed
mast structure and fencing to guy blocks at Lot 256 on DP168942 North West Coastal Hwy, Brown
Range subject to the following conditions:
a.
b.
The development is generally in accordance with the approved plans (Schedule 8.3.3 (c)) dated
27 September 2016, and shall be subject to any modifications required as a consequence of
any condition(s) of this approval. The endorsed plans shall not be modified or altered without
the prior written approval of the CEO.
The broadcast tower shall be lit and marked to the satisfaction of the CEO according to the
recommendations of the Civil Aviation Safety Authority (CASA).
2. Provide the following advice notes with the notice of determination on the approval granted in
item 1, in addition to the standard advice notes:
a.
b.
8.3.4
This approval does not confer approval under other relevant legislation, including but not
limited to, the Building Act 2011. It is the responsibility of the Applicant to determine any
necessary approvals required and obtain such approvals prior to the commencement of
development and use. However to assist in understanding the necessary requirements and
approvals, further information can be obtained by contacting the Shire of Carnarvon Building
Section on (08) 9941 0000.
One weeks’ notice prior to erection of the new guyed mast and demolition of the existing tower
should be given to Carnarvon Aerodrome management. Please notify via the following emails:
[email protected] & [email protected].
CARRIED
F6/A0
CONSIDERATION OF ‘MOTOR VEHICLE WASH’ AS A ‘USE NOT SPECIFICALLY MENTIONED’
UNDER TOWN PLANNING SCHEME NO. 10 FOR THE ‘TOURIST ACCOMMODATION’ ZONE
File No:
Date of Meeting:
Location/Address:
Name of Applicant:
Name of Owner:
Author:
Declaration of Interest:
Voting Requirements:
Previous Report:
4D0501; A1495
27th September 2016
Land Zoned ‘Tourist Accommodation in Town Planning Scheme No. 10
Haydn & Jodie of Capricorn Holiday Park
Various
Robert Pringle Planning Officer
Nil
Simple Majority
N/A
Summary of Item:
A development proposal has been received from the Owners of Capricorn Tourist Park as they seek to lease
a portion of their land adjacent to North West Coastal Highway for a ‘motor vehicle wash’. The land is zoned
‘Tourist Accommodation.’ A car wash use is not specifically listed in Town Planning Scheme No. 10 (TPS 10).
In accordance with the Scheme, the use may be approved by Council, and a development application could
thereafter be considered following the requirements of the Scheme for public advertising of the proposal. It
46
is recommended to endorse the listing of ‘motor vehicle wash’ as a use not specifically mentioned in the
Scheme, using the definition provided in the model scheme text.
Description of Proposal:
The Planning Section was approached by the applicants as they carried out due diligence for establishment
of a car wash facility on their land. The Officer identified that the use is ‘not specifically mentioned’ in TPS
10, and as such, the first requirement would be to make a request to Council for the use to be considered
consistent with the objectives of the zone concerned.
The applicants have provided a written request (Schedule 8.3.4 (a)), outlining certain aspects of their
proposal. Included in their request is details of market research undertaken to date, the intended scope of
the operation, and how the potential land use conflict between the existing and proposed uses can be
mitigated. The following is a summary of the main points:
-
Facility users would not need to access the caravan park, and would not interfere with park access.
Facility will include 3 Manual bays, 1 automatic wash system, dog wash and vacuum bays;
A grey water recycling system will be used and may be used for park gardens & landscaping;
Location on northern portion of property, currently an open space adjacent to North West Coastal
Highway with an existing two-way crossover.
Traffic data has been obtained which should be used to generate a traffic impact assessment
Facility would be beneficial to travelling public and permanent residents of Carnarvon and surrounds
As owners of both the Caravan Park and Motor Vehicle Wash, nuisance, disturbances and conflict
can be resolved internally. As owners with an adjacent sensitive land use, they would operate in a
way to minimise disruption to their customers, which would also reduce disruption in the locality.
Background:
The applicant’s property has been lawfully used for a Caravan Park & Camping Ground for several decades,
with the use pre-dating the current Town Planning Scheme. The area used for caravan and camping sites has
been increased in recent years by the former owners, with the northern (old) section of the park being used
year-round and the southern (new) section of the park being operated during peak holiday seasons.
A single car wash operates in Carnarvon in a commercially zoned property, adjacent to a road house and
service station. The ‘car wash’ use was determined to be a use not specifically mentioned in the Scheme and
consistent with the objectives of the Commercial zone by way of FC 14/6/05 (June 2005). In the report to
Council, the author identified the ‘motor vehicle wash’ definition from the Town Planning Regulations 1967
Model Scheme Text, which is the use that is proposed by the officer recommendation.
Consultation:
A development control unit meeting was held with representation from Environmental Health, Building and
Planning Sections to provide the applicant with relevant information, and also to ensure compliance with
Caravan Park and Camping Ground licencing conditions. A requirement of the development application will
be the preparation of a site plan which demonstrates future planning for compliance with the park licence
conditions.
In accordance with Clauses 4.2, 4.3, and Clause 64 of the Deemed Provisions of TPS 10, any future
development application will be advertised publicly (neighbour notification, website, shire bulletin board and
other notification as in accordance with advertising protocol). The application will be determined by Council.
Statutory Environment:
Planning and Development Act 2005
Shire of Carnarvon Town Planning Scheme No. 10
The land is zoned ‘Tourist Accommodation’. There is not currently a land use definition that reasonably
contains the use of land as proposed. Subclause 4.2.4 provides for consideration of land uses “not specifically
mentioned in Table No. 1” of the Scheme.
47
Caravan Park and Camping Ground Act 1995 and Regulations 1997
Many of the properties zoned ‘Tourist Accommodation’ in TPS 10 are Caravan Parks and Camping Grounds
and are subject to licences issued by the Local Government. The areas proposed for a ‘motor vehicle wash’
should either be excluded from the licenced area or be available for park guests only to ensure compliance
with the Act and Regulations.
Relevant Plans and Policy:
Town Planning Scheme No. 10 – Scheme Report
The following text provides the objectives of the Zoning:
“5.4.4 Hotel, Tourist Accommodation and Private Clubs & Institutions Zones. In general these zones need
little explanation, the zone categories being evocative of their intent. The Tourist Accommodation Zone
has resulted from an amalgamation of two other normally encountered zone classifications of Motel and
Caravan Park but the new title and expanded role of the Tourist Accommodation Zone gives greater
flexibility and choice in the provision made for tourist accommodation which is particularly important
for a town so dependent upon tourism.”
WAPC Planning Bulletin 49/2014
The Bulletin was consulted to determine if there was guidance in relation to commercial operations on a
Caravan Park site. There was no specific mention of separation of land uses in this bulletin, however the
objectives of the policy includes: “to encourage the development and redevelopment of caravan parks in a
manner that responds appropriately to the environment, economy and context, and maintains a minimum
standard.”
Financial Implications:
There are no financial implications associated with the officer recommendation.
Risk Assessment:
There are no risks associated with the officer recommendation.
Community & Strategic Objectives:
The matter before Council generally accords with the following Shire desired outcome as expressed in the
Carnarvon Strategic Community Plan 2011:
Outcome 1.2 Increased availability of serviced residential, commercial and industrial land.
1.2.3
Facilitate and / or participate in the development of Shire, State Government and private
sector land holdings.
Comment:
Use not specifically mentioned
A full review of the Scheme has been undertaken to ensure the proposed use does not fall within existing
Scheme land use definitions. The author of the report for FC 14/6/05 would have come to the same
conclusion. The prior decision related only to the ‘Commercial’ zone, and therefore there would not be a
prior decision on record for the proposed use in the ‘Tourist Accommodation’ Zone.
Consideration of a ‘use not specifically mentioned’ in the Scheme must apply for all areas of the particular
Zone, not to the development area only. Thus the Council must consider if the use is reasonably consistent
with the objectives of the zone across the whole of the Scheme area.
Intent of the Zone
As indicated under the Scheme Report for TPS 10, the objective of the ‘Tourist Accommodation’ zone is to
provide for a range of accommodation for the travelling public. In consideration of the uses permitted or
48
subject to discretion of the Local Government presented in TPS 10, there are very few commercial uses and
no industrial uses which could be permitted under the Scheme.
The Planning Section is currently drafting Local Planning Scheme No. 13 in accordance with the Planning and
Development (Local Planning Schemes) Regulations 2015 – Schedule 1 Model Scheme Text. Within the model,
the ‘Tourism’ zone has the following objectives:
• To promote and provide for tourism opportunities.
• To provide for a variety of holiday accommodation styles and associated uses, including retail and
service facilities where those facilities are provided in support of the tourist accommodation and are
of an appropriate scale where they will not impact detrimentally on the surrounding or wider area.
• To allow limited residential uses where appropriate.
• To encourage the location of tourist facilities so that they may benefit from existing road services,
physical service infrastructure, other tourist attractions, natural features and urban facilities.
It is the intent of officers to appropriately zone uses in the Local Planning Scheme in accordance with the
model scheme text, and therefore the current zone is likely to be zoned ‘Tourism.’
Off-road and four wheel driving is a common activity for locals and the travelling public in the
Carnarvon/Gascoyne region. Even from normal driving conditions and through regular environmental
conditions such as wind and dust, motor vehicles tend to get dirty or salt covered quite quickly. Salt in
particular can assist in vehicle corrosion and deterioration. A large proportion of the travelling public have
large/long vehicles and there is not a facility with adequate access to provide this service in the Gascoyne
region.
As identified above, the ‘motor vehicle wash’ has a tourism function and should be considered to meet the
objectives of the current ‘Tourist Accommodation’ zone by virtue of the model scheme text zone ‘Tourism’.
Character of the Zone and Locality
The ‘Tourist Accommodation’ zone appears 14 times on the TPS 10 map. The areas covered include
properties in most localities, and the zone is used in a mix of contexts – adjacent to standard density
residential predominantly, but also within the Horticultural areas of Kingsford and Inggarda. The existing
caravan parks are predominantly served by Robison Street as an ‘Important Local Road’, or are otherwise
served by local roads with high service priority (Wise Street, Angelo Street & Boundary Road).
Half of the existing ‘Tourist Accommodation’ zones are at capacity and would require significant
redevelopment to accommodate the proposed use. Areas of existing vacant land within the Zone are
indicated with orange (part vacant) or green (whole vacant) markers in Figure 1 below and include:
- Lots 60 (92) Shallcross Street & 59 (52) Boundary Road - 2.2 hectares (private land with existing
dwellings and outbuildings on both lots, but not densely developed)
- Lot 12 (570) Robinson Street – 3.9 hectares (vacant land – half of lot is covered by current floodway
constraint in TPS 10)
- Lot 501 (79) Angelo Street - 0.36 hectares (current use is for stables behind 4 units)
- Lot 1 (379) Robinson Street – 1 hectare (current use for bin hire/storage – Gateway Motel)
- Lot 1002 (34) David Brand Drive – 0.14 hectares (vacant – Carnarvon Motel)
- Lot 971/1150 (6) West Street – 1.17 hectares (vacant – Best Western)
- Lot 1368 (150) Robinson Street - 2.4 hectares (Gwoonwardu Mia reserve area and potential area for
Carnarvon Road extension to Babbage Island Road)
- Lot 21 (1042) North West Coastal Highway – 0.27 hectares (Capricorn Holiday Park)
- Pt Lot 9500 Mahoney Avenue – 0.5 Hectares (undeveloped and serviced)
49
Figure 1 – ‘Tourist Accommodation’ Zoned lands in TPS 10. Red fully developed. Orange part developed. Green vacant.
Considering the objective of WAPC Planning Bulletin 49/2014 addressed under Relevant Plans and Policies,
the proposed new use must fit within the existing context of the ‘Tourist Accommodation’ use, but should
also consider the context of the locality as a whole. Though each development proposal should ultimately
reflect on the character of the specific locality, the current question to Council is the consistency with the
proposed use in the Zone, irrespective of the individual location.
There are some areas in the existing ‘Tourist Accommodation’ Zone where a ‘motor vehicle wash’ facility
would not ideally be located, including areas adjacent to standard density residential development, areas
with low road service priority, and areas without complementary amenities. There are ideal locations for a
‘motor vehicle wash’ facility, including areas adjacent to high service priority roads, such as Robinson Street
and North West Coastal Highway. These locations have existing ‘service commercial’ land uses, suitable for
passing traffic. A ‘motor vehicle wash’ would be consistent with the other ‘service commercial’ land uses.
Application for and consideration of Development Approval
Certain ‘Tourist Accommodation’ zoned areas within TPS 10 are not appropriate locations for the ‘motor
vehicle wash’ use by virtue of the density of residential development in the adjacent areas. The local
government would ultimately retain control of the location of facilities through the development application
process, which under TPS 10 would require advertisement to affected neighbouring properties and to the
public at large. It would be reasonable and defendable for the local government to refuse an application for
development approval on the basis of amenity to the locality and practicality of network movement – which
should then exclude the feasibility of development on low-priority roads, where access would be required
through existing ‘tourist accommodation’ facilities, and where the development would negatively impact
upon existing sensitive land uses.
It would be expected for any future development proposal to address the following additional matters:
- Traffic impact assessment;
- Noise impact assessment;
- Operational plan (hours, management); and
- Waste water treatment and disposal.
50
OFFICER’S RECOMMENDATION
That Council, pursuant to Clause 4.2.4 of Town Planning Scheme No. 10 determine that a ‘motor vehicle wash’
use as defined below is consistent with the objectives of the ‘tourist accommodation’ zone.
“Motor vehicle wash” means premises primarily used to wash motor vehicles.
FC 14/9/16
COUNCIL RESOLUTION & OFFICER’S RECOMMENDATION
Cr E Smith/Cr Skender
That Council, pursuant to Clause 4.2.4 of Town Planning Scheme No. 10 determine that a ‘motor vehicle
wash’ use as defined below is consistent with the objectives of the ‘tourist accommodation’ zone.
“Motor vehicle wash” means premises primarily used to wash motor vehicles
CARRIED
F6/A0
8.3.5
DEVELOPMENT APPROVAL: OVERSIZED CARETAKER’S DWELLING AT LOT 141, NORTH
WEST COASTAL HIGHWAY, SOUTH PLANTATIONS
File No:
Date of Meeting:
Location/Address:
Name of Applicant:
Name of Owner:
Author/s:
Declaration of Interest:
Voting Requirements:
Previous Report:
A1639; P68/16
27 September 2016
Lot 141 on P202366 1745 North West Coastal Hwy, South Plantations
Deane Francis Wiggins
Deane Wiggins, Suzzanne Wiggins
Helen Karageorgiou, Economic Development and Planning Officer
Nil
Simple Majority
N/A
Summary of Item:
This report relates to an application for a proposed extension to an existing caretaker’s dwelling. The
application entails the extension to accommodate an additional bedroom, office, and home gym. The
proposed development requires approval of variation to certain aspects of the Shire of Carnarvon Town
Planning Scheme (TPS) No 10. This report recommends that Council approves the proposed development
application subject to a number of conditions.
Description of Proposal:
The owners intend to extend the caretaker’s dwelling due to the expansion of the caretaker’s family and
require additional development to accommodate an additional bedroom, office and a home gym. The size
of the current dwelling is 176.2m² including the verandah. The proposed extension is 46.5m².
The development application does not meet the acceptable development provisions in the TPS No. 10 in
terms of clause 6.13.6 which states:
“maximum floor area of a caretaker’s dwelling, including any verandah, porch, pergola or patio
space, or the like, but excluding an attached garage or carport, shall not exceed 180m²”
Therefore, a variation to accommodate the additional extension of the existing dwelling, is required. The
existing proposed extension is shown in Figure 1 below:
51
Figure 1. Locality for proposed extension on Lot 141, 1745 North West Coastal Highway, South Plantations
The following plans have been submitted by the owners:
 Site plan in Figure 2.



Floor Plan in Figure 3.
Elevations in Figures 4a and 4b.
Section in Figure 5.
Figure 2: Site plan
52
Figure 3: Floor Plan
Figure 4a: SW Elevation
Figure 4b: NW Elevation
Figure 5: 1:50 Section
The proposal is more clearly shown in the architectural drawings prepared as indicated in the site plan and
in the floor plan and elevations included as Schedule 8.3.5(a) and Schedule 8.3.5(b).
The proposed development has been assessed against the requirements of Clause 6.13 of the TPS No. 10 as
shown below:
Standard
Maximum floor area of
caretaker dwelling, including
any verandah, porch, pergola
TPS No. 10,
Not to exceed 180 m²
Proposed
Existing dwelling
(including verandah) : 176.2m²
Proposed extension : 46.5 m²
Compliance
Non-Compliant
(but relaxation of
standards
permissible
by
53
or patio space, or the like, but
excluding an attached garage
or carport (Clause 6.13.6)
Total
Local Council
Clause 5.14.1)
: 227 m²
-
Clause 5.14.1 of the TPS No.10 allows for relaxation of the standards as justified below:
POWER TO RELAX DEVELOPMENT STANDARDS AND
REQUIREMENTS OTHER THAN THOSE SPECIFIED IN THE
RESIDENTIAL DESIGN CODES
The Local Government may, where it is impossible or
impractical to comply with the development standards
relax the standards set out in Parts V and VI and Table
No. 2 provided that the relaxation of any standard will
not prejudice the objectives of the Scheme bearing in
mind the reasons for the particular requirement or will
not establish an undesirable precedent or will not
detract from the amenity of the locality. (Clause 5.14.1)
Proposed
Justification
Existing dwelling
(including verandah) : 176.2m²
Proposed extension : 46.5 m²
Total
: 227 m²
 The extension to the
existing caretaker’s
dwelling is required due
to the expansion of the
family.
 The caretaker requires
an office to undertake
the administrative duties
of the horticultural
activities and operations
undertaken at the
plantations.
 Due to the distance of
the dwelling from
available gymnasiums in
the town, a home gym is
required for use by the
family which is easily
accessible.
Background:
Lot 141 North West Coastal Highway is a plantation lot zoned as ‘intensive horticulture’ under the TPS No.
10, and the land is being used as such. The property has been subject to past development approvals for a
first dwelling, caretaker’s dwelling and a shed. The caretaker, however, requires additional space due to an
additional member to the family, hence the decision to extend the house (caretaker’s dwelling). The
intention is to include another bedroom, an office and a home gym in the proposed additional
development as discussed above.
Consultation:
Internal consultation with Shire staff has been undertaken.
Statutory Environment
Planning and Development Act, 2005
Part 5, Local Planning Schemes, is in force under this Act and has the objective of making suitable provision
for improvement, development, and use of the land as described in the local planning scheme area.
Town Planning Scheme No 10.
In the zoning table, Table 1 of TPS No.10 a caretaker’s dwelling has the following meaning:
“a dwelling on the same site as a building (or within a portion of that building), operation, or plant
and occupied by a supervisor of that building, operation, or plant”.
A caretaker’s dwelling is identified as an “IP” use, meaning it should be incidental to the primary activity.
Clause 6.13.6 of the TPS No 10 limits the floor area of a caretaker’s dwelling to 180 m².
Clause 5.14.1 of the TPS No 10, allows Council to relax these standards under certain condition.
54
Planning and Development Regulations 2015, Deemed Provisions:
Clause 68 of the Deemed Provisions applies to exempt residential development that is proposed in
accordance with the Deemed-to-Comply requirements of the Residential Design Codes. The Scheme
provisions prevail over the R-codes and therefore approval from Council is required to vary the development
standards.
National Construction Code 2016: Bushfire Attack Level (BAL)
The property is in a bushfire prone area. In terms of the BAL assessment (basic) report the distance between
the proposed development and the nearest bushfire prone vegetation was determined and certified that the
horizontal distance is greater than 100 metres on flat land. The BAL Assessment (Basic) Report completed by
the owner is attached in Schedule 8.3.5(c).In addition, the owners have obtained a BAL Certificate issued by
a Practitioner accredited by the Fire Protection Association Australia, which is also attached. The BAL is BALLOW for the proposed development and, therefore, does not impact on the proposal.
Relevant Plans and Policy:
State Planning Policy 3.1 Residential Design Codes
The property is zoned as Intensive Horticulture. Clause 2.7 (e) of the TPS No.10 requires compliance with the
R-codes, as it states development is permitted if it complies with certain requirements, one of which is:
“the erection of a single house including any extension, ancillary outbuildings and swimming pools on
any land zoned Residential, Residential Development, Special Residential, Rural, Intensive
Horticulture and Special Rural where such development:
(i) Complies with the applicable ‘Acceptable Development’ provisions of the Residential
Design Codes of Western Australia and any applicable Planning Policies and Design
Guidelines”
The R-codes, however, do not specifically address a caretaker’s dwelling.
Financial Implications:
There is no financial liability associated with the officer’s recommendation.
Risk Assessment:
There is no risk associated with the officer’s recommendation.
Community & Strategic Objectives:
The matter before Council generally accords with the following Shire desired outcome as expressed in the
Carnarvon Strategic Community Plan 2011:
Outcome 1.2 Increased availability of serviced residential, commercial and industrial land.
1.2.3
Facilitate and / or participate in the development of Shire, State Government and private
sector land holdings.
A high standard of governance and accountability.
Ensure compliance with all relevant legislation and regulations.
Outcome 5.2
5.2.2
Public Notification and Referral
Local Planning Scheme regulations 2015 Clause 64
No notification is required as the proposal does not have an impact on the surrounding properties.
Development Control Unit
The application was circulated to Building Surveyor for comment on the BAL Assessment Report.
55
Comment:
The proposed extension and development is located in Carnarvon’s horticultural district. The growth of this
industry, either on existing plantations or new land, will provide local economic benefits and opportunities
as well as a potential catalyst for continued population growth. The Draft Local Planning Strategy 2016 also
emphasises this area as becoming one of high quality food production in the region.
The application for development of this property should be encouraged as it falls within the framework of
the Strategy and has minimal impact on the surrounding properties.
The application for consideration before Council is motivated based on the following:






Notwithstanding the fact that the proposed extension exceeds the permissible maximum extent of 180
m² for a caretaker’s dwelling, the relaxation of standards is permissible by Local Council in terms of
Clause 5.14.1.of the Town Planning Scheme No. 10, Carnarvon Townsite and Environs.
The extension of the residence will have minimal impact on the surrounding properties but provides
local economic benefits for the horticultural district.
The owners have also aimed to achieve a 5.4 star rating for energy compliance of their property after
having received an energy efficiency compliance certificate as per Western Australian protocols by a
qualified assessor.
The landowner has also indicated that the purpose of the extension is to accommodate the caretaker’s
growing family.
In addition, the caretaker requires an office to undertake the administrative duties of the horticultural
activities and operations undertaken at the plantations.
Due to the distance of the dwelling from available gymnasiums in the town, an in-house gym is
required for use by the family which is easily accessible.
OFFICER’S RECOMMENDATION
That Council,
1. Pursuant to Clause 68 of the deemed provisions the Shire of Carnarvon Town Planning Scheme No.
10, grant development approval for application P68/16 A1639 for development of land at Lot 141 on
P202366 (HN 1745) North West Coastal Highway South Plantations for an oversized Caretaker’s
Dwelling subject to the following condition:
a. The development is generally in accordance with the approved plans (Schedule 8.3.5 (a) and
(b)) dated 27 September 2016, except as modified by conditions of approval.
b. That a Deed of Agreement is prepared and submitted by the applicant prior to the issue of a
building permit stating that the dwelling be used solely for the purposes of a Caretaker’s
Dwelling and not for workers’ accommodation or tourist accommodation.
2. Provide the following advice notes with the notice of determination on the approval granted in item
1:
a. Building application(s) are required to be submitted to the Shire for the proposed extension
of the dwelling.
b. Suitable landscaping measures are to be implemented in terms of Clause 6.13.7 of the Town
Planning Scheme No 10: A minimum area of 30m² is to be provided as landscaped private
open space, directly accessible from at least one (1) habitable space or room within the
caretaker dwelling.
c. A caretaker use can only be carried out for the duration the appurtenant use is being carried
out. Further approval pursuant to this scheme is required where the caretaker function is
sought to be carried on with a change from one use class to another on the lot.
d. All stormwater from the development shall be retained on site and disposed of in a manner
that does not have an adverse effect on neighbouring properties.
56
FC 15/9/16
COUNCIL RESOLUTION & OFFICER’S RECOMMENDATION
Cr Nelson/Cr Skender
That Council,
1. Pursuant to Clause 68 of the deemed provisions the Shire of Carnarvon Town Planning Scheme No.
10, grant development approval for application P68/16 A1639 for development of land at Lot 141
on P202366 (HN 1745) North West Coastal Highway South Plantations for an oversized Caretaker’s
Dwelling subject to the following condition:
a. The development is generally in accordance with the approved plans (Schedule 8.3.5 (a)
and (b)) dated 27 September 2016, except as modified by conditions of approval.
b. That a Deed of Agreement is prepared and submitted by the applicant prior to the issue of
a building permit stating that the dwelling be used solely for the purposes of a Caretaker’s
Dwelling and not for workers’ accommodation or tourist accommodation.
2. Provide the following advice notes with the notice of determination on the approval granted in
item 1:
a. Building application(s) are required to be submitted to the Shire for the proposed extension
of the dwelling.
b. Suitable landscaping measures are to be implemented in terms of Clause 6.13.7 of the
Town Planning Scheme No 10: A minimum area of 30m² is to be provided as landscaped
private open space, directly accessible from at least one (1) habitable space or room within
the caretaker dwelling.
c. A caretaker use can only be carried out for the duration the appurtenant use is being
carried out. Further approval pursuant to this scheme is required where the caretaker
function is sought to be carried on with a change from one use class to another on the lot.
d. All stormwater from the development shall be retained on site and disposed of in a
manner that does not have an adverse effect on neighbouring properties.
CARRIED
F6/A0
8.3.6
PROPOSED WASTE LOCAL LAW 2016
File No:
Date of Meeting:
Location/Address:
Name of Applicant:
Name of Owner:
Author/s:
Declaration of Interest:
Voting Requirements:
Previous Report:
2L0336
27th September 2016
NA
Shire of Carnarvon
NA
Mark Chadwick, Executive Manager Development Services
Nil
Absolute Majority
Nil
Summary of Item:
This item is seeking Council to propose making make a new Waste Local Law (WLL) for the Shire of Carnarvon,
based on minor amendments to the “Template Waste Local Law” provided by the WA Local Government
Association.
57
The making of the proposed Shire of Carnarvon Waste Local Law 2016 (WLL 2016) aims to ensure that an up
to date local law exists that will effectively manage domestic waste services within the Shire of Carnarvon.
Description of Proposal:
The purpose and effect of the proposed Shire of Carnarvon Waste Local Law 2016 is as follows;
Purpose: to make provisions that; defines various types of waste, receptacles that may be used for depositing
waste and the collection and disposal of waste. Enables fees associated with providing waste services and
prescribes penalties for non-compliance of any relevant provisions; within the Shire of Carnarvon.
Effect: to ensure that appropriate collection and disposal of waste occurs within the Shire of Carnarvon.
Mitigate any adverse safety, health or environmental impacts associated with waste management to the
community. Enable the costs associated with the provision and enforcement of waste services to be recovered
for the benefit of the community.
Background:
The Shire has existing local laws that relate to the collection and disposal of waste which were made under
the powers of the Health Act 1911, as amended within a division of the existing Health Local Law 1997 and
Health (Amendment) Local Law 2002 specifically relating to waste. These provisions are very dated and the
provisions under the Health Act 1911 as amended, for making waste local laws have since been repealed.
Waste local laws are currently made under the Waste Avoidance and Resource Recovery Act 2007 and Local
Government Act 1995.
The Shire is expected to review its local laws on a regular basis. A review of current local laws concerning
waste has not occurred since 2002 and therefore the proposed WLL 2016 is considered appropriate.
Consultation:
Consultation has occurred with Shire’s Health Department staff and relevant staff at the Department of
Environmental Regulation (DER) and the Department of Local Government and Communities (DLGC). Both
DER and DLGC are required to be consulted before the final local law is brought back to Council for
consideration. The WA Local Government Association has also been consulted and have provided some
suggested changes based on the experiences of other local governments that have used the WALGA template
in making their respective waste local laws. The Department of Health WA have advised that consent is not
required from the Executive Director of Public Health to make the proposed local law. The WA Parliament’s
Joint Standing Committee on Delegated Legislation (JSCDL) has been consulted in relation to the explanatory
memorandum that is required at the completion of the process.
Statutory Environment:
The proposed WLL 2016 as written in Schedule 8 3 6 (a) is made under Section 61 of the Waste Avoidance
and Resource Recovery Act 2007 and Section 3.12 of the Local Government Act 1995. The Shire is using the
checklist as attached in Schedule 8 3 6 (b) and guideline provided by the Department of Local Government
and Communities to ensure the correct statutory process is followed for making the local law. Extracts from
the relevant legislation is as follows.
Waste Avoidance and Resource Recovery Act 2007 states in;
“Section 61.
Local laws in respect of waste management
(1) A local government —
(a) may, if the CEO consents; and
(b) must, if the CEO so directs,
make local laws in accordance with the Local Government Act 1995 Part 3 Division 2 Subdivision 2 for the
purposes specified in section 64 or generally for carrying into effect the provisions of this Part.”
The Waste Avoidance and Resource Recovery Act 2007 states in;
58
“Section 64.
Subject matter of local laws
(1) In this section —
“owner”, in relation to premises comprised of or on land, has the meaning given in the Local
Government Act 1995 section 1.4.
(2) Local laws may be made for all or any of the following purposes —
(a) the provision and administration of waste services and related matters;
(b) the establishment, provision, use and control of receptacles for the deposit and collection of waste,
whether temporary or otherwise;
(c) if a local government its self undertakes or contracts for removal of waste from premises, imposing on
the owner or occupier of the premises requirements in connection with the removal so as to facilitate the
removal, and prescribing the manner in which the requirement is to be complied with;
(d) if a local government or the holder of a waste collection permit does not itself undertake or contract for
removal of waste from premises, imposing on the owner or occupier of the premises a requirement to remove
waste from the premises, and prescribing the manner in which the requirement is to be complied with;
(e) if a local government its self undertakes or contracts for the removal of waste, requiring the waste to
be placed in waste receptacles provided by the local government;
(f) prescribing intervals at which the contents of the receptacles will be removed by a local government;
(g)
requiring the temporary placing of waste receptacles in streets or lanes by owners or occupiers of
property for collection of waste, and requiring the replacement of the receptacles on the property;
(h)
providing for the maintenance by owners and occupiers of waste receptacles provided by a local
government;
(i) providing for the issue of approvals to collect local government waste and remove it from premises;
(j) fixing fees and charges in relation to waste services provided by a local government and the issue of
approvals under paragraph (i), and prescribing the persons liable and the method of recovery of amounts
not duly paid.”
The Local Government Act 1995 states in;
Section 3.12. Procedure for making local laws
(1) In making a local law a local government is to follow the procedure described in this section, in the
sequence in which it is described.
(2) At a council meeting the person presiding is to give notice to the meeting of the purpose and effect
of the proposed local law in the prescribed manner.”
Financial Implications:
The financial implications of making the local law are the costs associated with advertising them in a
newspaper circulated statewide and publishing them in the Government Gazette. There is $10,000 allocated
in COA 201D20 of the 2016-17 Budget for expenses associated with making local laws. The estimated cost
for advertising in a statewide newspaper is $400 and for publishing in the Government Gazette is $1,600.
Risk Assessment:
The risk associated with not having a WLL 2016 is significant due to the existing health local laws being
outdated and not being made under the relevant act that has since replaced the law making powers used
previously. The proposed WLL 2016 provides an ability to issue infringements and impose modified penalties,
whereas the current local laws require the matter be heard in court, which is more time consuming and
unnecessary for enforcing compliance for minor offences.
Community & Strategic Objectives:
The proposed WLL 2016 aligns with community and strategic directions by assisting to manage waste and
implement waste recycling initiatives to ensure community participation with future waste minimization
programs and regulatory compliance with waste services provided by the Shire.
59
Outcome 2.3
Improved
management
of
recycling
and
re-use
of
waste.
2.3.1
Develop a regional integrated waste management program, including recycling, reuse and waste
minimisation.
2.3.2
Promote recycling through the introduction of landfill fees.
2.3.3
Investigate waste collection strategies including recycling, green waste
and bulk waste collections.
2.3.4
Develop the landfill site to accommodate opportunities for
recycling materials.
2.3.5
Once a site is established, promote, encourage and support waste
materials, recycling, reuse and minimisation.
Outcome 5.2
A high standard of governance and accountability.
5.2.1
Maintain a high standard of corporate planning and reporting.
5.2.2
Ensure compliance with all relevant legislation and regulations.
5.2.3
Comment:
The5.2.4
Shire currently does not have a stand alone WLL and is instead relying on outdated provisions within its
Health Local Laws 1997, as amended. The head of power for making these local laws no longer comes from
provisions within the Health Act 1911, as amended but from the Waste Avoidance and Resource Recovery
Act5.2.5
2007. The proposed WLL 2016 provides better aligned and consistent enforcement powers for the
implementation of household waste collection and disposal within the Shire, including the setting of fees and
charges and enforcement of modified penalties, which are more appropriate to current needs. The financial
costs associated with establishing the local laws are within the adopted budget and reasonable.
OFFICER’S RECOMMENDATION
That Council pursuant to s. 3.12 of the Local Government Act 1995 and s 61 of the Waste Avoidance and
Resource Recovery Act 2007
1. PROPOSES to make the Shire of Carnarvon Waste Local Law 2016 as written in Schedule 8 3 6 (a) ;
2. DIRECTS the CEO to enact the Procedures for making a valid Local Law: In accordance with Local
Government Act 1995 and Ministerial Directions as written in Schedule 8 3 6 (b).
3. CONSIDER after the last day for submissions following 6 weeks advertising in a notice published statewide,
at a Council meeting
a. submissions received; and
b. whether to make the local law as proposed (by absolute majority); or
c. whether to make a local law that was not significantly different from what was proposed (by absolute
majority).
FC 16/9/16
COUNCIL RESOLUTION & OFFICER’S RECOMMENDATION
Cr Garrett/Cr Nelson
That Council pursuant to s. 3.12 of the Local Government Act 1995 and s 61 of the Waste Avoidance and
Resource Recovery Act 2007
60
1. Proposes to make the Shire of Carnarvon Waste Local Law 2016 as written in Schedule 8 3 6 (a).
2. Directs the CEO to enact the Procedures for making a valid Local Law: In accordance with Local
Government Act 1995 and Ministerial Directions as written in Schedule 8 3 6 (b).
3. Consider after the last day for submissions following 6 weeks advertising in a notice published
statewide, at a Council meeting:
a. submissions received; and
b. whether to make the local law as proposed (by absolute majority); or
d. whether to make a local law that was not significantly different from what was proposed (by
absolute majority).
CARRIED BY ABSOLUTE MAJORITY
F6/A0
8.3.7
REQUEST TO WAIVE HAWKERS/TRADERS/STALLHOLDERS LICENCE FEE FOR SHIRE OF
CARNARVON PET REGISTRATION DAY EVENT
File No:
Date of Meeting:
Location/Address:
Name of Applicant:
Name of Owner:
Author/s:
Declaration of Interest:
Voting Requirements:
Previous Report:
3R0312
27th September 2016
Carnarvon Town Oval
N/A
N/A
Mark Chadwick, Executive Manager Development Services
Nil
Absolute majority
27th October 2015
Summary of Item:
This report relates to a request from Ranger Services seeking Council’s consideration to waiving the
Hawkers/Traders/Stallholders licence fee charge for a Pet Registration Day event to be held 5th November
2016 at the Town Oval.
Description of Proposal:
The proposal is to waive the statutory Local Government licence fees for Hawkers/Traders/Stallholders
applicable to the Pet Registration Day event.
Background:
For the Council’s information, recent amendments to the Dog Act, 1996 means dogs were to be microchipped effective from the 1st November 2015. This change in the legislation has prompted the Shire’s
Rangers Services to arrange a Pet Registration Day event for the 1st November 2015 to encourage dog owners
to register their pets by the due date. The event also promoted responsible pet ownership and animal
welfare, as well as create an informative and interactive environment with the view to enforcing the Shire of
Carnarvon’s commitment to the pet community.
This event is similar to successful pet events held in Perth and larger Shires throughout Western Australia
and across Australia. These include events such as Dog Day Out, Dogs Breakfast, Million Paws Walk.
The event is to include approximately three stalls, displays and activities conducted by local businesses
involved in animal health and welfare (ie Vets) and mobile food traders. Additionally, discussions on legal
requirements of pet owners will be a focus of Ranger Services.
The approval for the event is being processed under delegated authority.
Consultation:
61
Discussion has occurred within the Ranger Services staff and Community Development staff as well as
proposed stallholders relevant to the organization of the event.
Statutory Environment:
Dog Act, 1976
Part II Division 2 Section 22 (2) of the Dog Act, 1976 requires on or after 1 November 2015 an owner of a dog
that has reached 3 months of age to be microchipped.
Local Government Act, 1995
The payment of fees is required pursuant to provisions of the Local Government Act, 1995. Specifically,
Section 6.12 (1)(b) of the Act affords Council the ability to waive payments as outlined below:
6.12. Power to defer, grant discounts, waive or write off debts
(1) Subject to subsection (2) and any other written law, a local government may —
(a) When adopting the annual budget, grant* a discount or other incentive for the early
payment of any amount of money; or
(b) Waive or grant concessions in relation to any amount of money; or
(c) Write off any amount of money,
Which is owed to the local government.
* Absolute majority required.
(2) Subsection (1) (a) and (b) do not apply to an amount of money owing in respect of rates and
service charges.
(3) The grant of a concession under subsection (1) (b) may be subject to any conditions determined
by the local government.
(4) Regulations may prescribe circumstances in which a local government is not to exercise a power
under subsection (1) or regulate the exercise of that power.
Local Government Act Local Laws, Section 29
Section 29.3 of the Shire of Carnarvon Local Government Act Local Laws requires a hawker, trader or stall
holder to pay $25 each, as reflected in the Council’s Fees and Charges 2016/17.
Relevant Plans and Policy:
At present the Council does not have a policy in relation to the waiving of fees.
Financial Implications:
Should Council support this request there is expected to be a loss of income to the Shire (GL Account 117330)
in the amount to $75, based on three (3) stalls being established for this event.
Risk Assessment:
There is no perceived risk associated with this request.
Community & Strategic Objectives:
Outcome 5.4
Long-term financial viability.
Continue to comply with national financial reporting frameworks.
Maintain a high standard of financial management.
Implement long term financial planning.
62
Comment:
The event is primarily for the registration of dogs and invites local Veterinarian staff to conduct microchipping
at the same time. Pet owners will also be able to register their cats, and gain further information animals in
general.
To encourage attendance and create a community event atmosphere, it is intended to invite stall holders to
sell coffee, food, drinks, services and pet products. However, without this support, it is doubtful many
community members will attend, resulting in many dogs remaining unregistered contrary to the Dog Act
provisions. Accordingly, the waiving of the stallholder fee will go some way to encouraging participation
from local businesses, with the desired result being:
 An increased level of compliance against the Dog and Cat Acts;
 An opportunity to create a better informed community about pet ownership; and
 Carnarvon being recognised as a responsible pet friendly town.
Staff are also of the view that the benefits from this positive community event will far out way the waived
stall holder licence fees in strengthening community relationships generally.
OFFICER’S RECOMMENDATION
That Council, pursuant to Section 6.12 (1)(b) of the Local Government Act (1995), waive the hawkers, traders
and stall holders license fee (as prescribed in the Shire of Carnarvon Schedule of Fees 2016/17) for the Shire
of Carnarvon Pet Registration Day Event to be held on 5th November 2016.
FC 17/9/16
COUNCIL RESOLUTION & OFFICER’S RECOMMENDATION
Cr Garrett/Cr B Smith
That Council, pursuant to Section 6.12 (1)(b) of the Local Government Act (1995), waive the hawkers,
traders and stall holders license fee (as prescribed in the Shire of Carnarvon Schedule of Fees 2016/17) for
the Shire of Carnarvon Pet Registration Day Event to be held on 5th November 2016.
CARRIED BY ABSOLUTE MAJORITY
F6/A0
8.4
INFRASTRUCTURE SERVICES
8.4.1
INFRASTRUCTURE STATUS REPORT – SEPTEMBER 2016
File No:
Date of Meeting:
Location/Address:
Name of Applicant:
Name of Owner:
Author/s:
–
27th September 2016
N/A
N/A
N/A
Will Taylor – Manager, Assets
Wayne Sanderson – Infrastructure Operations Manager
Gloria Quinn – Asset Strategy Officer
Nil
Simple majority
–
Declaration of Interest:
Voting Requirements:
Previous Report:
________________________________________________________________________________________________
63
Summary of Item:
For Council to receive information on projects and activities undertaken by the Infrastructure section via the
‘Status Report for September 2016’ attached at Schedules 8.4.1(a) and 8.4.1(b).
Description of Proposal:
At the request of Council, it is proposed to include a Status Report and Infrastructure Monthly Report for
each Ordinary Council Meeting (OCM) providing information on the major activities of the Infrastructure
section for the previous month.
Background:
Some years ago, an Infrastructure Status Report was included as part of the agenda for each OCM. Due to
ensuing staff changes and differing management styles this process lapsed leaving a gap in the information
available to Councillors. Recently, a request was made to reinstate the Status Report so that Council may be
adequately informed on infrastructure projects and activities occurring within the town and the Shire in
general.
Consultation:
Nil
Statutory Environment:
Nil
Relevant Plans and Policy:
Nil
Financial Implications:
Nil
Risk Assessment:
N/A
Community & Strategic Objectives:
Outcome 5.2
5.2.1
Outcome 5.6
5.6.2
A high standard of governance and accountability.
Maintain a high standard of corporate planning and reporting.
Best practice human resource management practices
Provide timely and accurate information across the organisation.
Comment:
Council has recognised the need for additional information on infrastructure activities to be provided at
OCMs to assist with decision making and addressing queries from constituents.
OFFICER’S RECOMMENDATION
That Council receive the Infrastructure Status Report for September 2016 as provided at Schedule 8.4.1(a) and
8.4.1(b) to this report.
64
FC 18/9/16
COUNCIL RESOLUTION & OFFICER’S RECOMMENDATION
Cr Garrett/Cr B Smith
That Council receive the Infrastructure Status Report for September 2016 as provided at Schedule 8.4.1(a)
and 8.4.1(b) to this report.
CARRIED
F6/A0
8.4.2
2016 KIDSAFE PLAYGROUND AUDIT REPORT
File No:
Date of Meeting:
Location/Address:
Name of Applicant:
Name of Owner:
Author/s:
5R0305
27th September 2016
N/A
N/A
N/A
Will Taylor – Manager Assets
Gloria Quinn – Asset Strategy Officer
Nil
Simple majority
Nil
Declaration of Interest:
Voting Requirements:
Previous Report:
Summary of Item:
For Council to receive the 2016 Kidsafe WA Playground Audit Report for Carnarvon (attached at Schedule
8.4.2).
Description of Proposal:
An audit of Carnarvon’s playground equipment has been undertaken revealing that significant failures exist
in the current condition of playground components in some of the parks within the Carnarvon town site.
Accordingly, this report is tabled to make Council aware of the nature of these failures and the options
available to rectify any hazards.
Background:
In February 2016, Katherine Celenza from Kidsafe WA conducted an inspection of playground equipment in
Carnarvon parks and foreshore areas. This audit is conducted regularly across WA to ensure safety issues are
identified and assist local governments in mitigating risks of damage or injury that may result from
playground components that do not comply with relevant Australian Standards.
Consultation:
Kidsafe – Child Accident Prevention Foundation of Australia (Western Australia)
Statutory Environment:
The 2016 Kidsafe WA Playground Audit Report states –
“In Western Australia there is no regulatory requirement to comply with the Australian Standards relating
to playgrounds. However, the Australian Standards are widely regarded as a minimum standard and
failing to comply with these standards could lead to prosecution in the event of an incident leading to a
serious child injury or death.”
Relevant Plans and Policy:
Nil
65
Financial Implications:
The 2016/17 budget allocation for playground equipment maintenance is $4,957.00 to be used to cover the
expense in replacement parts and labour costs.
However, there are some playgrounds that have been identified as unsafe and beyond repair, and if not
removed there can be significant implications in the event of a claim for injury or death.
Risk Assessment:
A risk matrix is included in the report and priority ratings are provided for each set of playground equipment.
It is important the Shire be diligent in maintaining this equipment, and removing where required, to ensure
the safety of public users.
Community & Strategic Objectives:
Outcome 2.1
Improved physical quality of the built environment.
2.5.1
Develop and maintain township streetscapes, parks, gardens and open spaces in
accordance with aspirations of the community.
Outcome 5.2
A high standard of governance and accountability.
5.2.2
Ensure compliance with all relevant legislation and regulations.
5.2.3
Develop and implement audit and risk management processes.
Comment:
Although “there is no regulatory requirement to comply with the Australian Standards, self-regulation of
inspecting the respective playground equipment is encouraged. In this regard, it is important to note that
some of the safety issues documented in the audit report have already been addressed, and that a process
of regular inspection and repairs is being implemented by Shire staff.
Other than weathering and corrosion, damage to playground equipment can occur from misuse by
adolescents and adults for whom the equipment was never intended to cater. Council has little to no capacity
to prevent such damage but regular inspection and repair can assist in mitigating the risk of injuries to young
children.
OFFICER’S RECOMMENDATION
That Council receive the 2016 Kidsafe Playground Audit Report, and support remedial action or removal to
address playground equipment failures in line with the Report recommendations and 2016/17 budget
allocation.
FC 19/9/16
COUNCIL RESOLUTION & OFFICER’S RECOMMENDATION
Cr Garrett/Cr E Smith
That Council receive the 2016 Kidsafe Playground Audit Report, and support remedial action or removal to
address playground equipment failures in line with the Report recommendations and 2016/17 budget
allocation.
CARRIED
F6/A0
66
9.0
MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN:
Nil
10.0
URGENT BUSINESS APPROVED BY THE PRESIDING MEMBER OR BY A DECISION OF
COUNCIL
Nil
11.0
DATE OF NEXT MEETING:
The next meeting will be held on Tuesday 25th October 2016 commencing at 10.30am in Coral Bay.
12.0
MATTERS FOR WHICH THE MEETING BE CLOSED TO THE PUBLIC:
Nil
13.0
CLOSURE:
The Chairman declared the meeting closed at 9.06am.
67