City of Bunbury Council Minutes 12 October 2021
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City of Bunbury Council
Minutes
12 October 2021
CITY OF BUNBURY
4 Stephen Street
Bunbury WA 6230
Western Australia
Correspondence to:
Post Office Box 21
Bunbury WA 6231
Telephone: (08) 9792 7234 ◌ Facsimile: (08) 9792 7184 ◌ TTY: (08) 9792 7370 ◌ www.bunbury.wa.gov.au
Table of Contents
Item No Subject Page
1. Declaration of Opening / Announcements of Visitors............................................................................ 6
2. Disclaimer ............................................................................................................................................... 6
3. Announcements from the Presiding Member ........................................................................................ 7
4. Attendance ............................................................................................................................................. 7
4.1 Apologies ................................................................................................................................ 7
4.2 Approved Leave of Absence ................................................................................................... 7
5. Declaration of Interest ............................................................................................................................ 8
6. Public Question Time .............................................................................................................................. 9
6.1 Public Question Time ............................................................................................................. 9
6.2 Responses to Public Questions Taken ‘On Notice’................................................................. 9
7. Confirmation of Previous Minutes and other Meetings under Clause 19.1.........................................10
7.1 Minutes ................................................................................................................................10
7.1.1 Minutes – Ordinary Council Meeting ..................................................................10
7.1.2 Minutes – Council Advisory Committees and Working/Project Groups .............11
8. Petitions, Presentations, Deputations and Delegations .......................................................................12
8.1 Petitions ...............................................................................................................................12
8.2 Presentations .......................................................................................................................12
8.3 Deputations ..........................................................................................................................12
8.4 Council Delegates’ Reports ..................................................................................................12
8.5 Conference Delegates’ Reports............................................................................................12
9. Method of Dealing with Agenda Business ............................................................................................13
10.1 Review of City of Bunbury Local Planning Policies (listed as 10.1 in the
agenda) 14
10.2 Review of Council Policy: Honorary Freeman of the City of Bunbury (listed as
10.1.2 in the agenda) ..........................................................................................19
10.3 Review of Council Policy: Legal Representation for Elected Members and
Employees (listed as 10.1.3 in the agenda) ........................................................21
10.4 Review of Council Policy: Reserve Areas Set Aside for the Riding of Horses
(listed as 10.1.4 in the agenda) ...........................................................................24
10.5 Review of Council Policy: Naming of Roads, Reserves, Bridges and Other
Places (listed as 10.1.5 in the agenda) ................................................................26
10.6 Review of Council Policy: Bunbury Museum and Heritage Centre and Local
Studies Collection (listed as 10.1.6 in the agenda) .............................................28
10.7 Chief Executive Officer Key Performance Indicators – As of October 2021
(listed as 10.2.1 in the agenda) ...........................................................................32
10.8 Financial Management Report for the Period Ending 31 August 2021 (listed
as 10.3.1 in the agenda)......................................................................................35
10.9 Schedule of Accounts Paid for the 1 August 2021 to 31 August 2021 (listed
as 10.3.2 in the agenda)......................................................................................41
Table of Contents
Item No Subject Page
10.10 Economic Development Action Plan – Year Two, Six-Month Review (listed as
10.4.1 in the agenda) ..........................................................................................42
10.11 Hay Park North Pavilion Naming (listed as 10.5.1 in the agenda) .......................46
11. Applications for Leave of Absence........................................................................................................50
12. Motions on Notice ................................................................................................................................50
13. Questions from Members.....................................................................................................................50
13.1 Response to Previous Questions from Members taken on Notice ......................................50
13.2 Questions from Members ....................................................................................................50
14. New Business of an Urgent Nature Introduced by Decision of the Meeting .......................................50
15. Meeting Closed to Public ......................................................................................................................50
15.1 Matters for which the Meeting may be Closed ...................................................................50
15.1.1 CEO Performance Review January 2021-August 2021 ...........................................51
15.1.2 Request for Tender - South West Sports Centre Plant & Machinery (Spa
Filtration Upgrade)..............................................................................................52
15.2 Public Reading of Resolutions that may be made Public .....................................................53
16. Closure ..................................................................................................................................................54
12 October 2021
Minutes – Council Meeting
Acknowledgement of Country
We acknowledge the Traditional Custodians of this land, the Wardandi Noongar people, and pay our
respects to Elders past, present and future.
Vision
Bunbury: welcoming and full of opportunities.
Organisational Values
#WEARECOB
We are one team
We keep each other safe
WE ARE COMMUNITY We display empathy and respect
We have fun and celebrate our successes
We work together to achieve great outcomes
We are open to opportunities
We actively listen and think things through
WE ARE OPEN We are inclusive and treat everyone equally
We are honest and open in our communications
We are open to feedback to improve our performance
We lead the change, we own it
We trust and empower each other
WE ARE BRAVE We have the difficult conversations early
We hold ourselves to the highest standard
We have the courage to improve and simplify
Page 412 October 2021
Minutes – Council Meeting
Nature of Council’s Role in Decision Making
Advocacy: When Council advocates on its own behalf or on behalf of its community to
another level of government/body/agency.
Executive/Strategic: The substantial direction setting and oversight role of the Council, e.g. adopting
plans and reports, accepting tenders, directing operations, setting and amending
budgets.
Legislative: Includes adopting local laws, town planning schemes and policies.
Review: When Council reviews decisions made by Officers.
Quasi-Judicial: When Council determines an application/matter that directly affects a person’s
rights and interests. The Judicial character arises from the obligations to abide by
the principles of natural justice.
Examples of Quasi-Judicial authority include town planning applications, building
licences, applications for other permits/licences (e.g. under Health Act, Dog Act or
Local Laws) and other decisions that may be appealable to the State
Administrative Tribunal.
Page 512 October 2021
Minutes – Council Meeting
1. Declaration of Opening / Announcements of Visitors
The Mayor declared the meeting open at 5.30pm, and in doing so acknowledged the Traditional
Custodians of this land, the Wardandi Noongar people, and paid his respects to Elders past, present
and future.
2. Disclaimer
The City of Bunbury accepts no responsibility for any act, omission, statement or intimation that
occurs during Council Briefings or Council Meetings. The City refuses liability for any loss caused
arising out of reliance by any person or legal entity on any such act, omission, statement or
intimation occurring during Council Briefings or Council Meetings. Any person or legal entity acting
or failing to act in reliance upon any statement, act or omission made during a Council Briefing or
Council Meeting does so at their own risk.
Please note the recommendations contained in this document are not final and are subject to
adoption, amendment (or otherwise) at the meeting.
Any statement or intimation of approval regarding any planning or development application made
during a Council Briefing or Council Meeting is not to be taken as notice of approval from the City.
The City advises that anyone who has an application lodged with the City must obtain and should
only rely on WRITTEN CONFIRMATION of the outcome of the application, and any conditions
attached to the decision made by Council regarding the application.
Copyright
Any plans or documents contained within this Agenda and any associated Appendices are Copyright
of the City of Bunbury. The content is protected by Australian and International copyright
trademark. Content must not be modified or reproduced without written authorisation of the City
of Bunbury.
Recording and Webstreaming of Meetings
• All Ordinary and Special Council Meetings are electronically recorded except when Council
resolves to go behind closed doors
• All recordings are retained as part of the City’s records in accordance with the General
Disposal Authority for Local Government Records produced by the Public Records Office
• The live stream can be accessed at http://www.bunbury.wa.gov.au/Pages/Live-
Stream.aspx
• Recordings can be accessed at http://www.bunbury.wa.gov.au/Pages/Council-Meeting-
Videos-2021.aspx
• Images of the public gallery are not included in the streaming, however the voices of
people in attendance may be captured and streamed.
• If you have any issues or concerns regarding the live streaming and recording of meetings,
please contact the City’s Governance Officer on 9792 7273.
Page 612 October 2021
Minutes – Council Meeting
3. Announcements from the Presiding Member
The Mayor acknowledged those who regularly view the Council Meetings via the live stream.
The Mayor announced that on 20 September 2021 at the WA Local Government Convention, the
City was presented with the 2021 Local Government Road Safety Award Category B: Safe System
Approach Complementary Initiatives.
The Mayor announced that the City had received a Certificate of Appreciation from the Hon. Don
Punch, MLA, and Mr Evan Nunn, CEO of Accordwest, for the City’s contribution to the Tiny Houses
initiative.
4. Attendance
Council Members:
Presiding Member: Mayor G Brennan
Members: Deputy Mayor J Miguel
Councillor K Turner
Councillor B McCleary
Councillor T Smith
Councillor C Kozisek
Councillor A Yip
Councillor M Steck
Councillor K Steele
Councillor T Brown
Councillor K Plumb
Executive Leadership Team (Non-Voting)
Chief Executive Officer Mr M Osborne
A/Director Strategy and Organisational Ms O Robertson
Performance
Director Sustainable Communities Mr G Barbour
Director Infrastructure Mr G Harris
City of Bunbury Officers (Non-Voting)
Manager Governance Mr G Golinski
Manager Finance Mr D Ransom
Media and Engagement Officer Ms K Fielding
Executive Assistant to the Mayor Mr L Murphy
Others (Non-Voting)
Members of the Public 7
4.1 Apologies
Cr Giles was an apology for the meeting.
4.2 Approved Leave of Absence
Nil
Page 712 October 2021
Minutes – Council Meeting
5. Declaration of Interest
Members should fill in Disclosure of Interest forms for items in which they have a financial,
proximity or impartiality interest and forward these to the Presiding Member before the meeting
commences.
Section 5.60A: “a person has a financial interest in a matter if it is reasonable to expect that the
matter will, if dealt with by the local government, or an employee or committee of the local
government or member of the council of the local government, in a particular way, result in a
financial gain, loss, benefit or detriment for the person.”
Section 5.60B: “a person has a proximity interest in a matter if the matter concerns –
(a) a proposed change to a planning scheme affecting land that adjoins the person’s
land; or
(b) a proposed change to the zoning or use of land that adjoins the person’s land; or
(c) a proposed development (as defined in section 5.63(5)) of land that adjoins the
person’s land.”
Regulation 34C (Impartiality): “interest means an interest that could, or could reasonably be
perceived to, adversely affect the impartiality of the person having the interest and includes an
interest arising from kinship, friendship or membership of an association.”
Councillor Kozisek declared an impartiality interest in the item titled 10.4.1 “Economic Development
Action Plan – Year Two, Six-Month Review.”
The Chief Executive Officer declared a financial interest in the item titled 15.1.1 “CEO Performance
Review January 2021-August 2021.”
Councillor Yip Declared an impartiality interest in the item titled 10.5.1 “Hay Park North Pavilion
Naming.”
Page 812 October 2021
Minutes – Council Meeting
6. Public Question Time
In accordance with Reg. 7(4)(a) of the Local Government (Administration) Regulations 1996, members of the
public in attendance at the meeting may stand, state aloud their name and address, and ask a question in
relation to any matter over which the municipality of Bunbury has jurisdiction or involvement.
In accordance with Standing Order 6.7(3)(a) a person wishing to ask a question, must complete a question
form which is provided in the trays at the back of the public gallery and on the City’s website. The completed
form must include your name and address and contain no more than three (3) questions. If your question
requires research or cannot be answered at the meeting, it will be taken on notice and you will receive a
written response and a summary of your question (and any responses provided) will be printed in the
minutes of the meeting.
6.1 Public Question Time
Nil
6.2 Responses to Public Questions Taken ‘On Notice’
Nil
Page 912 October 2021
Minutes – Council Meeting
7. Confirmation of Previous Minutes and other Meetings under Clause 19.1
7.1 Minutes
7.1.1 Minutes – Ordinary Council Meeting
The minutes of the Ordinary meeting of the City of Bunbury Council held 21 September 2021 have
been circulated.
Recommendation
The minutes of the Ordinary meeting of the City of Bunbury Council held 21 September 2021 be
confirmed as a true and accurate record.
Voting Requirement: Simple Majority Required
Outcome of Meeting 12 October 2021
The recommendation (as printed) was moved by Cr McCleary and seconded by Cr Brown.
The Mayor put the motion to the vote, and it was adopted to become the Council’s decision on the
matter.
Council Decision 198/21
The minutes of the Ordinary meeting of the City of Bunbury Council held 12 October 2021 be
confirmed as a true and accurate record.
CARRIED UNANIMOUSLY
11 votes “for” / nil votes “against”
Page 1012 October 2021
Minutes – Council Meeting
7.1.2 Minutes – Council Advisory Committees and Working/Project Groups
Applicant/Proponent: Internal Report
Author: Various
Executive: Mal Osborne, Chief Executive Officer
Authority/Discretion: ☐ Advocacy ☐ Review
☐ Executive/Strategic ☐ Quasi-Judicial
☐ Legislative ☒ Information Purposes
Attachments: Appendix MTBN-1: CEO Performance Review Panel Minutes 22
September 2021
Appendix MTBN-2: PRDC Minutes 30 September 2021
Summary
The following Advisory Committee Meeting was held, and the minutes are presented for noting:
1. Title: CEO Performance Review Panel Minutes
Author: Leanne French, Senior Governance and Risk Officer
Appendix: MTBN-1
2. Title: Policy Review and Development Committee Minutes
Author: Greg Golinski, Manager Governance
Appendix: MTBN-2
Council Committee Recommendation
The following Advisory Committee meeting minutes listed in the report be accepted and noted:
1. CEO Performance Review Panel 22 September 2021
2. Policy Review and Development Committee 30 September 2021
Voting Requirement: Simple Majority Required
Outcome of Meeting 12 October 2021
The recommendation (as printed) was moved by Cr Steele and seconded by Cr Plumb.
The Mayor put the motion to the vote, and it was adopted to become the Council’s decision on the
matter.
Council Decision 199/21
The following Advisory Committee meeting minutes listed in the report be accepted and noted:
1. CEO Performance Review Panel 22 September 2021
2. Policy Review and Development Committee 30 September 2021
CARRIED UNANIMOUSLY
11 votes “for” / nil votes “against”
Page 1112 October 2021
Minutes – Council Meeting
8. Petitions, Presentations, Deputations and Delegations
8.1 Petitions
Nil
8.2 Presentations
Mr Charlie Martella and Mr Lui Tuia, on behalf South West Migrant Memorial, made a presentation
to Council to acknowledge the assistance that was provided in allowing the Migrant Memorial to be
established in Queens Gardens. Mr Martella presented a $10,000 cheque to be used by the City for
the ongoing maintenance of the Memorial in the future.
8.3 Deputations
Nil
8.4 Council Delegates’ Reports
Nil
8.5 Conference Delegates’ Reports
Nil
Page 1212 October 2021
Minutes – Council Meeting
9. Method of Dealing with Agenda Business
Standing Order 5.5 permits the Council to adopt the recommendations “by exception” (en-bloc).
Pursuant to Standing Order 5.5, the Council “adopted by exception” (i.e., without discussion) those
recommendations listed for items 10.1.1, 10.1.2, 10.1.3, 10.1.4, 10.1.5, 10.1.6, 10.2.1, 10.3.1,
10.3.2, 10.4.1 and 10.5.1 which was all non-confidential items on this agenda.
The items “adopted by exception” were moved by Cr Steck and seconded by Cr Brown.
Page 1312 October 2021
Minutes – Council Meeting
10.1 Review of City of Bunbury Local Planning Policies (listed as 10.1 in the agenda)
File Ref: COB/3150
Applicant/Proponent: Policy Review and Development Committee
Responsible Officer: Anthony Pick, Senior Planning Officer
Responsible Manager: Felicity Anderson, Manager City Growth
Executive: Gary Barbour, Director Sustainable Communities
Authority/Discretion ☐ Advocacy ☒ Review
☐ Executive/Strategic ☐ Quasi-Judicial
☒ Legislative ☐ Information Purposes
Attachments: Appendix RAC-1: Draft Local Planning Policy 3.4 Outbuildings and
Minor Structures
Appendix RAC-2: Draft Local Planning Policy 3.5 Sea Containers
Appendix RAC-3: Adopted Local Planning Policy 3.5 Minor Structures
(including Outbuildings)
Appendix RAC-4: Adopted Local Planning Policy 5.7 Sea Containers
and Transportable or Relocatable Storage Containers and Structures
Appendix RAC-5: Local Planning Policy 58 Recycled Dwellings
Summary
The planning department is currently undertaking a review of the City’s local planning policies
(LPPs). The purpose of the review is to ensure that the City’s LPPs are contemporary and provide
clear guidance on the expectations, standards, and requirements of the City on a range of planning
matters. The revised LPP format is largely based on WALGA’s ‘Local Planning Policy Guide’ to
deliver consistency in structure, format, and style across Local Government jurisdictions, whilst
providing for local planning responses relative to the City of Bunbury. The LPP review will be
undertaken through a staged approach given the number of policies to be reviewed.
Committee Recommendation
That Council resolves to:
1. In accordance with clause 5 of ‘Division 2 – Local Planning Policies’ under Part 2 – Local
Planning Framework’ of ‘Schedule 2 – Deemed provisions for local planning schemes’ of the
Planning and Development (Local Planning Schemes) Regulations 2015, proceed to
advertise draft Local Planning Policy 3.4 - Outbuildings and Minor Structures, and draft
Local Planning Policy 3.5 - Sea Containers for public comment for a period of not less than
21 days.
2. Following public advertising consider for adoption draft Local Planning Policy 3.4 -
Outbuildings and Minor Structures, and draft Local Planning Policy 3.5 - Sea Containers,
along with any submissions lodged with the City of Bunbury during the public advertising
period.
3. In accordance with clause 6 of ‘Division 2 – Local Planning Policies’ under Part 2 – Local
Planning Framework’ of ‘Schedule 2 – Deemed provisions for local planning schemes’ of the
Planning and Development (Local Planning Schemes) Regulations 2015, proceed to:
(i) Revoke Local Planning Policy 58 - Recycled Dwellings
(ii) Publish a notice of revocation in accordance with clause 87 of the Regulations.
Voting Requirement: Simple Majority
Page 1412 October 2021
Minutes – Council Meeting
Strategic Relevance
Theme 2 Our economy
Goal A thriving and dynamic economy, that plays to its strengths, and
confidently presents to the world.
Objective 2.2 Bunbury is known far and wide for its strengths as a place to live, visit and
do business.
Theme 3 Our places and spaces
Goal A natural and built environment that reflects Bunbury’s core values.
Objective 3.3 High-quality urban design, well-planned neighbourhoods with housing
chose, and appropriate provision for diverse land uses to meet the
community’s needs.
Theme 4 Our City
Goal Civic leadership, partnerships and sound governance in delivering with and
for the community.
Objective 4.3 Trusted leadership and robust decision-making.
Regional Impact Statement
The local planning policy review will not have any regional impact.
Background
The Planning and Development (Local Planning Schemes) Regulations 2015 provides the legislative
basis for preparing a local planning policy, in respect of any matter related to the planning and
development of the Scheme area.
The Planning Department are undertaking a review of the City’s LPPs with a focus on ensuring the
policies are easy to understand, provide greater clarity on process and reflect community
expectations. The LPPs seek to facilitate development whilst ensuring design and amenity impacts
align with community expectations. The policy review also includes identifying LPPs that are no
longer required for a planning purpose (e.g., the matter is dealt with through changes in planning
legislation or development standards no longer reflect contemporary planning practices). Where an
LPP no longer adds value to the planning assessment of development applications, the LPPs will be
recommended to be revoked.
The draft local planning policies and adopted policies, referred to within this report, are provided at
Appendices RAC-1-5 for the consideration and information of Council.
Council Policy Compliance
Not applicable.
Legislative Compliance
Clause 3, Part 2, Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations
2015 (the Regulations) provides for local government to prepare a LPP in respect of any matter
related to the planning and development of the Scheme area.
Page 1512 October 2021
Minutes – Council Meeting
The Regulations set out the procedural requirements for preparing, amending or revocation of an
LPP. The following statutory planning instruments of the state and local planning framework are
appliable.
- Planning and Development (Local Planning Schemes) Regulations 2015.
- City of Bunbury Local Planning Scheme No.8 (LPS8 or the Scheme).
- State Planning Policy 7.3 Residential Design Codes Volume 1.
The recommendation of the Policy Review and Development Committee will be included in the
agenda item presented to Council for determination.
Officer Comments
Draft Local Planning Policy 3.4 - Outbuildings and Minor Structures
On 2 July 2021 changes to State Planning Policy 7.3: Residential Design Codes Volume 1 (R-Codes)
provided for LPPs to amend or replace certain deemed-to-comply requirements of the R-Codes,
without the approval of the WAPC. Draft LPP3.4 has been prepared to provide a clear planning
framework for the assessment of development applications for outbuildings and minor structures,
and varies the deemed-to-comply requirements of the R-Codes in respect of building height, lot
boundary setbacks and size of outbuildings.
The draft LPP varies clause 5.1.6 Building height of the R-Codes in respect of the maximum wall and
ridge height for minor structures (carports and patios). Those variations are subject to satisfying
development standards set out in Table 1a and 1b of the LPP. The proposed variations reflect the
type of minor variations that have been supported by the City.
The draft LPP varies the maximum wall and ridge height for outbuildings, and the collective size
area of outbuildings. The variations to the deemed-to-comply provisions are based on a sliding
scale relative to the size of the lot. Development that complies with the policy will not be subject to
neighbour consultation as is currently required. Any variation to the LPP requirements may require
neighbour consultation, at the discretion of the City.
Officers have been on site to review the impact of development post construction, where
variations were previously approved. Officers consider that the policy development standards are
reasonable and appropriate. However, where variations are sought applications will need to
demonstrate the impact of the development in relation to site context (e.g., streetscape, density
and residential amenity).
The draft policy provides greater clarity on the process for when applications are to be assessed
through a building permit or development application. The draft policy varies the deemed-to-
comply requirements of the R-Codes and therefore compliance with the policy will not require
development approval. Previously the policy permitted variations subject to neighbour
consultation. Where applications were lodged with neighbour comments, they were processed by
the Building Department. Where no neighbour comments were lodged with the application the
Planning Department undertook neighbour consultation. There were concerns that the policy
provided for an objection to a minor variation which was consistent with the development
standards set out in the policy. The new draft policy will provide for a more consistent and simpler
process.
Page 1612 October 2021
Minutes – Council Meeting
Draft Local Planning Policy 3.5 - Sea Containers
The LPP has been reviewed and updated to provide clarity, avoid duplication, and simplify the
development standards and requirements applicable to the assessment of sea containers on zoned
or reserved land.
The policy sets out exemptions from development approval subject to development standards and
conditions. Where development approval is required, the LPP sets out the development standards
(e.g., size, design, stormwater, siting, use) applicable to an outbuilding in association with a
residential use, commercial storage, or siting of a sea container on reserved land.
Local Planning Policy 58 – Recycled Dwellings
LPP58 was adopted in 2003. The LPP provides guidance on the procedures and requirements for
recycled dwellings. However, the policy does not provide any detailed design requirements and is
not frequently referred to, if at all, due to the limited number of applications.
It is considered that recycled dwellings can be appropriately assessed through State Planning Policy
7: Design of the Built Environment, State Planning Policy 7.3: Residential Design Codes Volume 1,
Local Planning Policy 3: Zone Development Requirements, and the City of Bunbury Local Planning
Scheme, in particular the matters to consider which includes:
(m) the compatibility of the development with its setting, including –
(i) the compatibility of the development with the desired future character of its
setting; and,
(ii) the relationship of the development to development on adjoining land or on other
land in the locality including, but not limited to, the likely effect of the height, bulk,
scale, orientation, and appearance of the development.
It is therefore recommended that the LPP is revoked. If further design requirements are required in
the future those requirements would be more appropriately addressed within LPP3: Zone
Development Requirements.
Analysis of Financial and Budget Implications
The revisions to the Local Planning Policy will reduce the number of development applications
(Codes Variations) processed by the Building and Planning Department. Therefore, there will be a
reduction in fee income due to the changes proposed in the policy. Last year the Building
Department processed 72 Codes Variations and received $147 per application. However, it is
estimated that approximately 50% of R-Code variations were in relation to a reduced lot boundary
setback which will still need an application under the proposed process.
Community Consultation
Nil at this stage.
LPP3.5 Outbuildings and Minor Structures, and LPP3.4 Sea Containers will be advertised in
accordance with the Regulations for a minimum of 21 days.
Should Council resolve to revoke LPP58 Recycled Dwellings, the City is required to publish a notice
of revocation in accordance with the Regulations.
Page 1712 October 2021
Minutes – Council Meeting
Councillor/Officer Consultation
The draft LPPs have been referred internally to the City’s Strategic Planning, Environmental Health
and Building Services team, and is now recommended to Council by the Policy Review and
Development Committee.
Timeline: Council Decision Implementation
Draft Local Planning Policy 3.4 - Outbuildings and Minor Structures and Draft Local Planning Policy
3.5 - Sea Containers, will be advertised in accordance with the Regulations for 21 days and any
submissions will be reviewed in light of any submissions made prior to Council resolving to proceed
with the policies with or without modification.
Local Planning Policy 58 Recycled Dwellings is to be revoked subject to a notice of revocation being
published on the City’s website.
Outcome of Meeting 12 October 2021
The recommendation (as printed) was moved by Cr Steck and seconded by Cr Brown.
The Mayor put the motion to the vote, and it was adopted (en-bloc) to become the Council’s
decision on the matter.
Council Decision 200/21
That Council resolves to:
1. In accordance with clause 5 of ‘Division 2 – Local Planning Policies’ under Part 2 – Local
Planning Framework’ of ‘Schedule 2 – Deemed provisions for local planning schemes’ of the
Planning and Development (Local Planning Schemes) Regulations 2015, proceed to
advertise draft Local Planning Policy 3.4 - Outbuildings and Minor Structures, and draft
Local Planning Policy 3.5 - Sea Containers for public comment for a period of not less than
21 days.
2. Following public advertising consider for adoption draft Local Planning Policy 3.4 -
Outbuildings and Minor Structures, and draft Local Planning Policy 3.5 - Sea Containers,
along with any submissions lodged with the City of Bunbury during the public advertising
period.
3. In accordance with clause 6 of ‘Division 2 – Local Planning Policies’ under Part 2 – Local
Planning Framework’ of ‘Schedule 2 – Deemed provisions for local planning schemes’ of the
Planning and Development (Local Planning Schemes) Regulations 2015, proceed to:
(i). Revoke Local Planning Policy 58 - Recycled Dwellings
(ii). Publish a notice of revocation in accordance with clause 87 of the Regulations.
CARRIED UNANIMOUSLY
11 votes “for” / nil votes “against”
Page 1812 October 2021
Minutes – Council Meeting
10.2 Review of Council Policy: Honorary Freeman of the City of Bunbury (listed as 10.1.2 in the agenda)
File No. COB/306
Applicant/Proponent: Policy Review and Development Committee
Responsible Officer: Greg Golinski, Manager Governance
Responsible Manager: Greg Golinski, Manager Governance
Executive: Odetta Robertson, A/Director Strategy and Organisational
Performance
Authority/Discretion ☐ Advocacy ☐ Review
☒ Executive/Strategic ☐ Quasi-Judicial
☐ Legislative ☐ Information Purposes
Attachments: Appendix RAC-6: Revised Council Policy Honorary Freeman of the City
of Bunbury
Summary
This report is presented to Council by the Policy Review and Development Committee (PRDC) to
facilitate a review of current Council Policy Honorary Freeman of the City of Bunbury. The policy
was last reviewed in July 2019 and is now due for its biennial review.
Committee Recommendation
That Council adopt the revised Council Policy Honorary Freeman of the City of Bunbury as
presented at Appendix RAC-6.
Voting Requirement: Simple Majority Vote
Strategic Relevance
Theme 4: Our City
Goal: Civic leadership, partnerships and sound governance in delivering with and
for the community.
Objective 4.3: Trusted Leadership and robust decision making.
Objective 4.4: A skilled organisation, which exercise responsible asset stewardship, sound
financial management, and exemplary customer service.
Regional Impact Statement
N/A
Background
This policy was last reviewed by Council in July 2019, and is presented to Council by the PRDC for
discussion and review as part of Council’s policy review schedule.
Council Policy Compliance
This report facilitates the review of an existing Council Policy.
Page 1912 October 2021
Minutes – Council Meeting
Legislative Compliance
N/A
Officer Comments
The policy stipulates the procedure for the nomination, selection and awarding of the prestigious
title to a person designated as ‘Honorary Freeman of the City of Bunbury’.
The PRDC have undertaken a review of this policy and have made some minor suggested changes.
The proposed changes are reflected at Appendix RAC-6.
Analysis of Financial and Budget Implications
Nil
Community Consultation
Not applicable.
Councillor/Officer Consultation
This matter is presented to Council by the Policy Review and Development Committee for
consideration.
Applicant Consultation
Not applicable.
Timeline: Council Decision Implementation
Any revisions to the policy will take effect immediately following Council’s determination.
Outcome of Meeting 12 October 2021
The recommendation (as printed) was moved by Cr Steck and seconded by Cr Brown.
The Mayor put the motion to the vote, and it was adopted (en-bloc) to become the Council’s
decision on the matter.
Council Decision 201/21
That Council adopt the revised Council Policy Honorary Freeman of the City of Bunbury as
presented at Appendix RAC-6.
CARRIED UNANIMOUSLY
11 votes “for” / nil votes “against”
Page 2012 October 2021
Minutes – Council Meeting
10.3 Review of Council Policy: Legal Representation for Elected Members and Employees (listed as
10.1.3 in the agenda)
File No. COB/306
Applicant/Proponent: Policy Review and Development Committee
Responsible Officer: Greg Golinski, Manager Governance
Responsible Manager: Greg Golinski, Manager Governance
Executive: Odetta Robertson, A/Director Strategy and Organisational
Performance
Authority/Discretion ☐ Advocacy ☐ Review
☒ Executive/Strategic ☐ Quasi-Judicial
☐ Legislative ☐ Information Purposes
Attachments: Appendix RAC-7: Council Policy Legal Representation for Elected
Members and Employees
Summary
This report is presented to Council by the Policy Review and Development Committee (PRDC) to
facilitate a review of current Council Policy Legal Representation for Elected Members and
Employees. The policy was last reviewed in September 2019 and is now due for its biennial review.
Committee Recommendation
That Council note the review of existing Council Policy Legal Representation for Elected Members
and Employees, with no changes recommended.
Voting Requirement: Simple Majority Vote
Strategic Relevance
Theme 4: Our City
Goal: Civic leadership, partnerships and sound governance in delivering with and
for the community.
Objective 4.3: Trusted Leadership and robust decision making.
Objective 4.4: A skilled organisation, which exercise responsible asset stewardship, sound
financial management, and exemplary customer service.
Regional Impact Statement
N/A
Background
This policy was last reviewed by Council in September 2019, and is presented to Council by the
PRDC for discussion and review as part of Council’s policy review schedule.
Council Policy Compliance
This report facilitates the review of an existing Council Policy.
Page 2112 October 2021
Minutes – Council Meeting
Legislative Compliance
Section 9.56 of the Local Government Act 1995 (the Act) provides protection from actions of tort
for anything a council member or employee has, in good faith, done in the performance or
purported performance of a function under the Act or under any other written law. However, the
legislation does not preclude people taking action against individual council members or employees
if they believe that the council member or employee has not acted in good faith.
Section 3.1 of the Act provides that the general function of a local government is to provide for the
good government of persons in its district. Section 6.7(2) provides that money held in the municipal
fund may be applied towards the performance of the functions and the exercise of the powers
conferred on the local government by the Act or any other written law. Under these provisions, a
council can expend funds to provide legal representation for council members and employees, as
long as it believes that the expenditure falls within the scope of the local government's function.
Officer Comments
Council Policy Legal Representation for Elected Members and Employees outlines the conditions
upon which the City may cover the cost of legal representation for Elected Members and Officers
where legal action has been taken against them in relation to their role as either an Elected
Member or employee of the City of Bunbury.
The policy reflects the Department of Local Government, Sport and Cultural Industries Operational
Guideline Legal Representation for Council Members and Employees.
The PRDC have undertaken a review of this policy (Appendix RAC-7) and recommend no changes.
Analysis of Financial and Budget Implications
Nil
Community Consultation
Not applicable.
Councillor/Officer Consultation
This matter is presented to Council by the Policy Review and Development Committee for
consideration.
Applicant Consultation
Not applicable.
Timeline: Council Decision Implementation
Any revisions to the policy will take effect immediately following Council’s determination.
Outcome of Meeting 12 October 2021
The recommendation (as printed) was moved by Cr Steck and seconded by Cr Brown.
Page 2212 October 2021
Minutes – Council Meeting
The Mayor put the motion to the vote, and it was adopted (en-bloc) to become the Council’s
decision on the matter.
Council Decision 202/21
That Council note the review of existing Council Policy Legal Representation for Elected
Members and Employees, with no changes recommended.
CARRIED UNANIMOUSLY
11 votes “for” / nil votes “against”
Page 2312 October 2021
Minutes – Council Meeting
10.4 Review of Council Policy: Reserve Areas Set Aside for the Riding of Horses (listed as 10.1.4 in the
agenda)
Fine No. COB/306
Applicant: Policy Review and Development Committee
Responsible Officer: Sarah Upton, Manager Community Services
Responsible Manager: Sarah Upton, Manager Community Services
Executive: Gary Barbour, Director Sustainable Communities
Authority/Discretion ☐ Advocacy ☐ Review
☒ Executive/Strategic ☐ Quasi-Judicial
☐ Legislative ☐ Information Purposes
Attachments: Appendix RAC-8: Council Policy Reserve Areas Set Aside for the Riding
of Horses
Summary
This report is presented to Council by the Policy Review and Development Committee (PRDC) to
facilitate a review of current Council Policy Reserve Areas Set Aside for the Riding of Horses. The
policy was last reviewed in July 2019 and is now due for its biennial review.
Committee Recommendation
That Council note the review of existing Council Policy Reserve Areas Set Aside for the Riding of
Horses, with no changes recommended.
Voting Requirement: Simple Majority Vote
Strategic Relevance
Theme 4: Our City
Goal: Civic leadership, partnerships and sound governance in delivering with and
for the community.
Objective 4.3: Trusted Leadership and robust decision making.
Objective 4.4: A skilled organisation, which exercise responsible asset stewardship, sound
financial management, and exemplary customer service.
Regional Impact Statement
N/A
Background
This policy was last reviewed by Council in July 2019, and is presented to Council by the PRDC for
discussion and review as part of Council’s policy review schedule.
Council Policy Compliance
This report facilitates the review of an existing Council Policy.
Page 2412 October 2021
Minutes – Council Meeting
Legislative Compliance
City of Bunbury Public Places and Local Government Property Local Law is applicable.
Officer Comments
The PRDC have undertaken a review of the Policy as presented at Appendix RAC-8 and suggest that
the content is appropriate and does not require amendment.
Analysis of Financial and Budget Implications
Nil
Community Consultation
Not applicable.
Councillor/Officer Consultation
This matter is presented to Council by the Policy Review and Development Committee for
consideration.
Applicant Consultation
Not applicable.
Timeline: Council Decision Implementation
Any revisions to the policy will take effect immediately following Council’s determination.
Outcome of Meeting 12 October 2021
The recommendation (as printed) was moved by Cr Steck and seconded by Cr Brown.
The Mayor put the motion to the vote, and it was adopted (en-bloc) to become the Council’s
decision on the matter.
Council Decision 203/21
That Council note the review of existing Council Policy Reserve Areas Set Aside for the Riding of
Horses, with no changes recommended.
CARRIED UNANIMOUSLY
11 votes “for” / nil votes “against”
Page 2512 October 2021
Minutes – Council Meeting
10.5 Review of Council Policy: Naming of Roads, Reserves, Bridges and Other Places (listed as 10.1.5 in
the agenda)
Fine No. COB/306
Applicant: Policy Review and Development Committee
Responsible Officer: Steve de Meillon, Team Leader Community Partnerships
Responsible Manager: Sarah Upton, Manager Community Services
Executive: Gary Barbour, Director Sustainable Communities
Authority/Discretion ☐ Advocacy ☐ Review
☒ Executive/Strategic ☐ Quasi-Judicial
☐ Legislative ☐ Information Purposes
Attachments: Appendix RAC-9: Revised Council Policy Naming of Roads, Reserves,
Bridges and Other Places
Summary
This report is presented to Council by the Policy Review and Development Committee (PRDC) to
facilitate a review of current Council Policy Naming of Roads, Reserves, Bridges and Other Places.
Committee Recommendation
That Council adopt revised Council Policy Naming of Roads, Reserves, Bridges and Other Places as
presented at Appendix RAC-9, including the proposed change of title for the Policy.
Voting Requirement: Simple Majority Vote
Strategic Relevance
Theme 4: Our City
Goal: Civic leadership, partnerships and sound governance in delivering with and
for the community.
Objective 4.3: Trusted Leadership and robust decision making.
Objective 4.4: A skilled organisation, which exercise responsible asset stewardship, sound
financial management, and exemplary customer service.
Regional Impact Statement
N/A
Background
At the Ordinary Council Meeting held on 29 June 2021, Council requested (via a motion on notice
from Cr Steele) that the Policy Review and Development Committee review existing Council Policy
Naming of Roads, Reserves, Bridges and Other Places in the context of recognising Aboriginal
history and language, as well as initiating a process for the naming or dual naming of landmarks,
sites and streets. (refer Council Decision 131/21).
Council Policy Compliance
This report facilitates the review of an existing Council Policy. The City’s Reconciliation Action Plan
is also applicable in this regard.
Page 2612 October 2021
Minutes – Council Meeting
Legislative Compliance
N/A
Officer Comments
The PRDC have reviewed this policy in the context requested by Council, with suggested changes as
reflected at Appendix RAC-9.
Analysis of Financial and Budget Implications
Nil
Community Consultation
Not applicable.
Councillor/Officer Consultation
This matter is presented to Council by the Policy Review and Development Committee for
consideration.
Applicant Consultation
Not applicable.
Timeline: Council Decision Implementation
Any revisions to the policy will take effect immediately following Council’s determination.
Outcome of Meeting 12 October 2021
The recommendation (as printed) was moved by Cr Steck and seconded by Cr Brown.
The Mayor put the motion to the vote, and it was adopted (en-bloc) to become the Council’s
decision on the matter.
Council Decision 204/21
That Council adopt revised Council Policy Naming of Roads, Reserves, Bridges and Other Places
as presented at Appendix RAC-9, including the proposed change of title for the Policy.
CARRIED UNANIMOUSLY
11 votes “for” / nil votes “against”
Page 2712 October 2021
Minutes – Council Meeting
10.6 Review of Council Policy: Bunbury Museum and Heritage Centre and Local Studies Collection
(listed as 10.1.6 in the agenda)
File Ref: COB/306
Applicant/Proponent: Policy Review and Development Committee
Responsible Officer: Jenny Scott, Curator Bunbury Museum and heritage Centre
Responsible Manager: Dave Russell, Manager Community Facilities
Executive: Gary Barbour, Director Sustainable Communities
Authority/Discretion ☐ Advocacy ☐ Review
☒ Executive/Strategic ☐ Quasi-Judicial
☐ Legislative ☐ Information Purposes
Attachments: Appendix RAC-10: Revised Council Policy Bunbury Museum and
Heritage Centre and Local Studies Collection
Summary
The Bunbury Museum and Heritage Centre and Local Studies Collection Council Policy is due for
revision and re-adoption by Council in line with specified time frames with minor changes made as
recommended and simplified where appropriate.
Committee Recommendation
That Council endorse the revised Museum and Heritage Centre and Local Studies Collection Council
Policy as presented at Appendix RAC-10.
Voting Requirement: Simple Majority
Strategic Relevance
Theme 1: Our Community and Culture
Goal: A safe, healthy and cohesive community, with a rich cultural life, and
supportive social environment.
Objective 1.3: A welcoming community, where diverse cultures are valued, and residents
have a sense of belonging.
Regional Impact Statement
There will not be any regional impact by endorsing the revised Policy
Background
The Bunbury Museum and Heritage Centre and Local Studies Collection Council Policy is reviewed
every two years to reflect any updates and amendments to ensure it is relevant in delivering
successful management of objects and local studies collection items to the community.
Council Policy Compliance
The report facilitates a review of existing Council Policy Bunbury Museum and Heritage Centre and
Local Studies Collection.
Page 2812 October 2021
Minutes – Council Meeting
Legislative Compliance
N/A
Officer Comments
The proposed revised Museum and Heritage Centre and Local Studies Collection Council Policy has
the following changes proposed as attached in the draft Policy to establish greater clarity and
simplification where possible. The items of greater interest or significance have been included via
explanation below and minor changes such as re-wording or do not change intent are visible as
track changes within the document.
1. Terminology (general) – Due to the organisational re-structure and period of time since
last reviewed, relevant officer roles have been updated throughout the document.
2. Policy Statement (Page 1) – This has been reworded to simplify and be more succinct than
the current version.
3. Policy Details (Page 1) – Wording updated to be guided by National Museum Standards
(intent does not change). Updated deaccession wording to simplify. Given the curator role
responsibilities, the curator should be responsible for identifying acquisition items (and not
the Manager).
4. Policy Details (Page 2) – Some simplifying of wording and also recommended deletion
regarding financial delegations as this is already embedded in the Council Purchasing Policy
and would be a duplication. Staff are aware of their obligations to only spend within
authorised limits by position and by budget allocation available.
5. Section 1.1 Collection (Page 2) – This has been deleted as it is already covered by the Policy
Statement and Policy Details.
6. Section 1.2 Mission (Page 2) – has been re-written to reflect current mission and now
sounds more positive and inspiring.
7. Section 1.3.1 and 1.3.2 History of Museum and Building (Page 2/3) – This has been in
place from when the corporate guideline and Council Policy were combined. The history
holds no place in how the Policy is applied and is not in line with the Policy Statement. The
history contained within the current Council Policy is available both at the Museum and
Heritage Centre and online. While it is acknowledged that the history plays an important
role, residents are more likely to access this information from the website or on site from
the Museum and Heritage Centre.
8. Section 1.3.3 The Collections (Page 3/4) – wording has been updated to be more
contemporary and relevant and the deletion has occurred because it is either contained
elsewhere in the document or serves no purpose and is superfluous.
9. Section 2.2.1 Acquisition Criteria (Page 4/5) – Minor re-wording in line with contemporary
practices and no significant change of intent or purpose.
10. Section 2.2 Acquisition Guidelines (Page 5/6) – Minor re-word and some content added
around acquisition assessment as well as inclusion of relevant Aboriginal cultural material
references. The reference to deed of gifts for acquisitions has been removed as is not
relevant as this relates to the City purchasing and not donation.
11. Section 2.3 Acquisition Approval Process and Procedures (Page 6/7) – The wording has
had minor changes to provide more clarity in general and references to budget and
purchasing is not relevant as is covered in the existing Council Purchasing Policy.
12. Section 2.4 Donations and Bequests (Page 7) – minor wording changes and removal of
supporting documentation reference as this is collected as a matter of course under the
collection management section. There has been a sentence added regarding donation and
permanent display including recalling at will. These are conditions that should be clearly
articulated to any donors so that the museum is neither obliged to permanently display an
item or have it recalled. This would be better placed as a loan item in lieu of donation.
Page 2912 October 2021
Minutes – Council Meeting
13. Section 2.5 DGR Status (Page 7) – The winding up clause has been updated to reflect
expectations of people donating Items. The wording for this clause has been derived from
the recently adopted Art Collection Council Policy which also addressed the same issue to
ensure that in the event of winding up that a suitable organisation receive any objects.
14. Section 2.6 De-accessioning and Disposal of Collection Items (Page 7/8) – The intent of
this section remains the same with most wording just reflecting a more simplified
approach. The section stating keeping an item for a minimum of 5 years has been
recommended for deletion as it may not be safe to keep an item this long and given that
we have both criteria for deaccession and a Council decision required to endorse de-
accession it would be very rare that this would happen. Also suggested for deletion is the
wording around keeping an object/item for 6 months post endorsement for deaccession –
this is simply not required as disposal can proceed once decision endorsed by Council.
15. Section 2.7 Method of Disposal (Page 8/9) – Once a decision for de-accession has been
endorsed by Council the disposal method shall be carried out in line with appropriate Local
Government Act legislation and Management Policies. This wording has been updated from
the current version and now includes reference to the ICOM’s Code of Ethics for Museums.
16. Section 4.1 Loan Objectives (Page 10) – The information is not required as does not have a
practical application within the Policy. Has been deleted to simplify.
17. Section 4.3 Parameters (Page 11) – The text deleted is of an operational nature and is not
required as covered under the supervision of staff as per their position descriptions.
18. Compliance Requirements (Page 11/12) – These have been updated to reflect current
guidelines and legislation.
Analysis of Financial and Budget Implications
All monies spent on the maintenance and acquisition of objects and collection items is done so in
line with approved adopted budgets on an annual basis.
Community Consultation
N/A
Elected Member/Officer Consultation
Consultation took place within the Bunbury Museum and Heritage Centre Staff, Curator Bunbury
Museum and Heritage Centre and the Manager Community Facilities. The matter is now
recommended to Council by the Policy Review and Development Committee.
Applicant Consultation
Not applicable – statutory update
Timeline: Council Decision Implementation
Immediate once Council have endorsed the recommendation.
Page 3012 October 2021
Minutes – Council Meeting
Outcome of Meeting 12 October 2021
The recommendation (as printed) was moved by Cr Steck and seconded by Cr Brown.
The Mayor put the motion to the vote, and it was adopted (en-bloc) to become the Council’s
decision on the matter.
Council Decision 205/21
That Council endorse the revised Museum and Heritage Centre and Local Studies Collection
Council Policy as presented at Appendix RAC-10.
CARRIED UNANIMOUSLY
11 votes “for” / nil votes “against”
Page 3112 October 2021
Minutes – Council Meeting
10.7 Chief Executive Officer Key Performance Indicators – As of October 2021 (listed as 10.2.1 in the
agenda)
File Ref: COB/515
Applicant/Proponent: CEO Performance Review Panel
Responsible Officer: Mal Osborne, Chief Executive Officer
Responsible Manager: Mal Osborne, Chief Executive Officer
Executive: Mal Osborne, Chief Executive Officer
Authority/Discretion ☐ Advocacy ☐ Review
☒ Executive/Strategic ☐ Quasi-Judicial
☐ Legislative ☐ Information Purposes
Attachments: Appendix CEO-1 CEO KPI’s Indicators – Period ending 12th of October
2021
Summary
Each year the CEO Performance Review Panel, in consultation with the Chief Executive Officer,
meet and develop Key Performance Indicators (KPI’s) for the City of Bunbury to adopt and report
on.
The purpose of this report is to present the October 2021 update on the Key Performance
Indicators for the Chief Executive Officer.
Executive Recommendation
That Council notes the CEO Key Performance Indicators for the period ending October 2021 as
presented at Appendix CEO-1
Voting Requirement: Simple Majority
Strategic Relevance
Theme 4: Our City
Goal: Civic Leadership, partnerships, and sound governance in delivery with and
for the community
Objective 4.4: A skilled organisation, which exercises responsible asset stewardship,
sound financial management and exemplary customer service.
Regional Impact Statement
Nil
Background
At the Ordinary Council Meeting held 9 February 2021, Council resolved to endorse the CEO Key
Performance Indicators for 2021 and noted the key points for action by the CEO.
All KPI’s are to be formally reported on via a Council Agenda Item every 9 weeks and this report
serves to present Council an update as of October 2021.
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