MINUTES COUNCIL MEETING 19 AUGUST 2021 - Agendas and Minutes
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MINUTES COUNCIL MEETING 19 AUGUST 2021
2
TABLE OF CONTENTS
1. DECLARATION OF OPENING / ANNOUNCEMENT OF VISITORS: ....... 3
2. ANNOUNCEMENTS BY THE PRESIDENT: ............................................ 3
3. ATTENDANCE: ........................................................................................ 3
4. DECLARATIONS OF INTEREST: ............................................................ 4
5. PUBLIC QUESTION TIME:....................................................................... 4
6. PRESENTATIONS: .................................................................................. 6
7. CONFIRMATION OF MINUTES: .............................................................. 6
8. MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN: ............ 6
9. COUNCIL OFFICERS’ REPORTS: .......................................................... 7
28579 9.2.1 Proposed Lease to Ficifolia Community Garden
Inc. - Reserve 21030, Walpole ........................................... 9
28580 9.3.1 Monthly Financial Activity Statement - June 2021 ............ 12
28581 9.3.2 Council Financial Payments July 2021 and
Corporate Credit Card Transaction June 2021. ................ 15
28582 9.5.2 Quarterly Report - April to June 2021 - Director of
Development and Regulation ........................................... 18
28583 9.5.5 Delegated Planning Decisions for June and July
2021 ................................................................................. 20
28584 9.7.1 Application for the Keeping of More Than Two
Dogs at Lot 100 (140) Chopping Street, Manjimup .......... 23
28585 9.12.1 Request to Name an Un-named Road in Ringbark .......... 32
28586 9.2.2 Proposed Lease and Subleases - Northcliffe
Information and Visitor Centre, Reserve 46739 ................ 35
28587 9.5.1 Proposed Retrospective Change of Use
(Warehouse to Truck Depot) at Lot 865 South
Western Highway (Mottram Street), Manjimup ................. 39
28588 9.5.3 Proposed Oversized Outbuilding at Lot 44 (2) Baty
Street, Manjimup .............................................................. 49
28589 9.5.4 Application for Retrospective Approval for a Dam at
Lot 11221 (190) Churches Road, Jardee ......................... 55
28590 9.16.1 Unconfirmed Minutes of the Manjimup Recreation
Advisory Committee Meeting held 2 August 2021 ............ 64
10. LATE REPORTS: . ................................................................................ 67
11. QUESTIONS FROM MEMBERS: ........................................................... 67
12. MOTIONS FOR CONSIDERATION AT THE FOLLOWING MEETING . 67
13. NEW BUSINESS OF AN URGENT NATURE INTRODUCED BY
DECISION OF THE MEETING: . ............................................................ 67
14. MEETING CLOSED TO THE PUBLIC: ................................................... 68
15. APPLICATIONS FOR LEAVE OF ABSENCE:........................................ 70
16. CLOSURE: ............................................................................................. 70
Minutes - Ordinary Meeting of Council - 19 August 2021
3
SHIRE OF MANJIMUP
Minutes of the Ordinary Meeting of Council held in the Council Chamber,
Thursday, 19 August 2021.
1. DECLARATION OF OPENING / ANNOUNCEMENT OF VISITORS:
The Shire President declared the meeting open at 5.30pm.
2. ANNOUNCEMENTS BY THE PRESIDENT:
The Shire President made the following announcements:
I attended the Warren Blackwood Alliance of Councils in
Bridgetown with Councillor Darin and Chief Executive Officer
Andrew Campbell.
Met with a delegation of Trade Commissioners sponsored by the
South West Development Commission.
We had a visit by the WALGA and LGIS WA Executive, attended
by Councillors Darin, Eiby, Lawrence, Skoss and Ventris and
Chief Executive Officer Andrew Campbell.
I attended a Manjimup Senior High School Board Meeting.
I accepted an invitation to attend a breakfast meeting by the
Department of Primary Industries and Regional Development
(DPIRD) and Department of Water and Environmental
Regulation (DWER).
I attended a Local Government Insurance Services WA Board
Meeting.
I met with the Trade Commissioner for Vietnam, Rebecca Ball.
I met with the Planning Reform Forum with Councillors Eiby and
Tapley and Chief Executive Officer Andrew Campbell.
3. ATTENDANCE:
PRESENT:
Councillors
Cr P Omodei (Shire President)
Cr S Dawson Vidovich
Cr W Eiby
Cr D Jenkins
Cr K Lawrence
Cr J Darin
Cr K Skoss
Cr D Tapley
Cr R Taylor
Cr M Ventris
Cr C Winfield
Staff
Mr Andrew Campbell (Chief Executive Officer)
Mr Greg Lockwood (Director Business)
Ms Gail Ipsen Cutts (Director Community Services)
Ms Jocelyn Baister (Acting Director Development & Regulation)
Mr Michael Leers (Director Works & Services)
Minutes - Ordinary Meeting of Council - 19 August 2021
4
Ms Gaye Burridge (Corporate Administration Officer)
Mr Jason Giadresco (Senior Governance Officer)
Gallery
Donelle Buegge Stephen Burch
John Omodei Tayla Callaghan
Diane Fry Jon Ellingham
Lynn Daubney Jack Ellingham
Adrian Goodreid Michelle Ellingham
Michael Braccia John Ellingham
Richard George Pauline Ellingham
Sam Karamfiles Franzine Karamfiles
Alison Keegan Richard Keegan
Rochelle Keegan Mitchell DeCampo
Jonathon Rose Peter Beatty
Lauren Eon Xavier Eon
Veera Vilmi Deirdre Fagan
James Larkin Erin Larkin
3.1 Apologies: Nil
3.2 Leave Of Absence: Nil
4. DECLARATIONS OF INTEREST:
The Chief Executive Officer advised that he has received Financial
Interest Declarations from Councillor Eiby and himself, and a Proximity
and Impartiality Interest from Councillor Susan Dawson Vidovich.
Councillor Eiby declared a Financial Interest in Item 9.2.2 as she is the
Manager of the Northcliffe Visitor Centre which holds one of the sub-
leases.
The Chief Executive Officer declared a Financial Interest in Item 14.1.1
as he is the subject of the report.
Councillor Dawson Vidovich declared a Proximity Interest in Item 9.5.3
as the proponent is my neighbour and an Impartiality Interest in Item
9.16.1 as she is employed by Netball WA.
5. PUBLIC QUESTION TIME:
5.1 Response to public questions taken on notice: Nil
5.2 Public Question Time
5.2.1 Rochelle Keegan - 9.7.1 Application for the Keeping of
More Than Two Dogs at Lot 100 (140) Chopping Street,
Manjimup.
I am speaking on behalf of my parents.
We are very happy to be able to have our say on this
matter today. The last time this matter went to Council on
the 4 March 2021 we were not given adequate notice of it
going to Council. No letter was sent to us that the matter
Minutes - Ordinary Meeting of Council - 19 August 20215
was going to Council. We were told at approximately
12.30pm on the day it was going to Council. This is why
we were left with no choice but to take the matter to State
Administrative Tribunal (SAT) as we felt we hadn’t had an
opportunity to have our say.
It was at the SAT meeting where we realised our error, we
thought it was up to 6 dogs and we didn’t have 6 dogs at
the time so thought we could keep a puppy and make 6
with the exemption.
My parents have been breeding Cavaliers for 30 plus
years and there have been very few complaints. The
RSPCA inspector visited the premises the same day as
the rangers and the inspector had no issues with the pens
the dogs were kept in or the breeding being done. The
inspector has visited our property a number of times and
has had no issues.
We believe the nuisance barking complaint has not been
proven to be fact. We also can’t believe going from 11
dogs to 6 dogs hasn’t improved the alleged nuisance
barking.
We have also been accused of vermin being around. My
father regularly baits and traps vermin.
The dogs are not excessively bred. They are at least 12
months old before they have their first litter and then once
a year until about 5 years old.
We haven’t needed or been required to be registered
breeders up to now, however I am more than willing to do
that now as a condition of the approval of this exemption.
I have read the Dog Act and understand that the keeping
of up to 6 dogs can be approved without a kennel licence.
5.2.2 Mark Bamess - 9.5.4 Application for Retrospective
Approval for a Dam at Lot 11221 (190) Churches Road, Jardee.
Some of the notes I saw imply that I was willing flaunting
the rules and thumbing my nose at the decision. I wanted
the opportunity to say that I submitted an application a
long time before the dam was constructed that wasn’t
approved and it was made clear that the road closure was
the issue.
The road closure was applied for some 18 months before
that, however it is a long process I wasn’t familiar with
and we got there in the end with the road closure,
realignment and settlement.
The only advice I was given verbally was that that was the
only issue with the application. That once we got the road
closure done everything else was fine and the dam would
be approved.
In the notes it was mentioned that I was refunded the
money, that was incorrect I was never refunded that
money and so I thought we were still working on that
Minutes - Ordinary Meeting of Council - 19 August 20216
original application. When I was told I would have to start
a new one, that was a surprise to me.
I had already organised the contractor to build the dam
the previous year and I had to go to him and say that I
couldn’t build the dam because I don’t have this road
closure sorted out. For me to go to him a second time
would have been met with the response to not bother
trying again.
So while I was overly optimistic in thinking I could line
everything up, the advice I had from people in the Office
of State Revenue and the Department of Planning was
that we were going to get there with the road closure, new
maps and everything done in time. But when it takes 6
months for them to even decide what price they want you
to pay for 2 acres of land it is pretty difficult to get things
done.
I did get it wrong but I wanted to point out I wasn’t willingly
flaunting the rules as it was implied in the notes.
6. PRESENTATIONS:
6.1 Petitions: Nil
6.2 Presentations
6.2.1 A Citizenship ceremony was held for Mr Xavier Eon,
Ms Deirdre Fagan, Mr James Larkin, Miss Erin Larkin, Ms Michelle
Ellingham and Miss Veera Vilmi. The Shire President
congratulated everyone on behalf of Councillors and Staff.
6.3 Deputations: Nil
6.4 Delegates’ reports: Nil
6.5 Conference reports: Nil
7. CONFIRMATION OF MINUTES:
MOVED: Eiby, W SECONDED: Dawson Vidovich, S
28576
That the Minutes of the Ordinary Meeting of the Council held on
29 July 2021 be confirmed.
CARRIED: 11/0
8. MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN:
STEP 1
NOTICE OF MOTION: Cr Omodei
On Friday 30 July 2021 at 10.50am the following four Councillors have
given consent for Council to reconsider point 2. of Item 9.5.6
Application for Retrospective Approval for a Dam at Lot 1 Tynans
Road, Jardee from the Council meeting held 29 July 2021 (Minute
Number 28574)
Minutes - Ordinary Meeting of Council - 19 August 20217
Councillor Omodei
Councillor Lawrence
Councillor Jenkins
Councillor Skoss
COUNCIL RESOLUTION:
MOVED: Omodei, P SECONDED: Skoss, K
28577
That Council rescind the decision being part 2. of Minute
Number 28574:
Request the Chief Executive Officer proceed with legal action
against the landowner for the completion of works without
prior planning approval of the Shire of Manjimup as required by
the provisions of Local Planning Scheme No 4.
MOTION LOST 5/6
FOR AGAINST
Cr D Jenkins Cr J Darin
Cr P Omodei Cr S Dawson Vidovich
Cr K Skoss Cr W Eiby
Cr D Tapley Cr K Lawrence
Cr R Taylor Cr M Ventris
Cr C Winfield
9. COUNCIL OFFICERS’ REPORTS:
MOVED: Eiby, W SECONDED: Taylor, R
28578
“That Council adopt the recommendations contained in the Council
Officers and Committee Reports on pages 1 – 58 of the Agenda with the
exception of:
CARRIED: 11/0
9.2.2 Proposed Lease and Subleases - Northcliffe Information and
Visitor Centre, Reserve 46739
9.5.1 Proposed Retrospective Change of Use (Warehouse to Truck
Depot) at Lot 865 South Western Highway (Mottram Street),
Manjimup
9.5.3 Proposed Oversized Outbuilding at Lot 44 (2) Baty Street,
Manjimup
9.5.4 Application for Retrospective Approval for a Dam at Lot 11221
(190) Churches Road, Jardee
9.16.1 Unconfirmed Minutes of the Manjimup Recreation Advisory
Committee Meeting held 2 August 2021
Items passed by En Bloc Resolution
Minutes - Ordinary Meeting of Council - 19 August 20218
9.2.1 Proposed Lease to Ficifolia Community Garden Inc. - Reserve
21030, Walpole
9.3.1 Monthly Financial Activity Statement - June 2021
9.3.2 Council Financial Payments July 2021 and Corporate Credit Card
Transaction June 2021.
9.5.2 Quarterly Report - April to June 2021 - Director of Development
and Regulation
9.5.5 Delegated Planning Decisions for June and July 2021
9.7.1 Application for the Keeping of More Than Two Dogs at Lot 100
(140) Chopping Street, Manjimup
9.12.1 Request to Name an Un-named Road in Ringbark
Minutes - Ordinary Meeting of Council - 19 August 20219
9.2.1 Proposed Lease to Ficifolia Community Garden Inc. - Reserve
21030, Walpole
PROPONENT Ficifolia Community Garden Inc.
OWNER Crown (Management Order to Shire)
LOCATION / ADDRESS: Reserve 21030, Lot 2 Latham Avenue,
Walpole
WARD: South
ZONE: Parks and Recreation
DIRECTORATE: Business
FILE REFERENCE: F160682
LEGISLATION: Local Government Act 1995
Land Administration Act 1997
AUTHOR: Jasmine Bamess
DATE OF REPORT: 6 August 2021
DECLARATION OF INTEREST: Nil
BACKGROUND:
In October 2011 Ficifolia Community Garden Inc. commenced a land only
lease with the Shire of Manjimup on Reserve 21030 adjacent to the Walpole
Recreation Centre.
With the current lease due to expire, Ficifolia Community Garden Inc. have
requested a new lease.
PUBLIC CONSULTATION UNDERTAKEN:
Nil.
Minutes - Ordinary Meeting of Council - 19 August 202110
COMMENT (Includes Options):
Over the past 10 years Ficifolia Community Garden Inc. have constructed
their community garden infrastructure and developed into an active
community association. It is recommended to grant a new lease to continue
the current arrangement.
STATUTORY ENVIRONMENT:
Section 3.58 of the Local Government Act 1995 deals with the requirements
for leasing Shire land; however Section 30(b) of the Local Government
(Functions and General) Regulations 1996 exempts from these requirements
leases to charitable, benevolent, educational, recreational, sporting or other
like bodies, provided the members are not entitled to receive any pecuniary
profit. The proposed lease complies with this exemption.
Each lease on Crown land requires the approval of the Minister for Lands in
accord with section 18 of the Land Administration Act 1997.
POLICY / STRATEGIC IMPLICATIONS:
A land only lease for a term of five years with a renewal option of a further five
year term at a peppercorn rental is in accordance with Council Policy 4.2.8
Property Leasing.
ORGANISATIONAL RISK MANAGEMENT:
Nil.
FINANCIAL IMPLICATIONS:
The lessee will be responsible for the lease preparation fee set in Council’s
fees and charges.
SUSTAINABILITY:
Environmental: Nil.
Economic: Nil.
Social: Community gardens promote a healthy lifestyle, community
participation and social awareness.
VOTING REQUIREMENTS: SIMPLE MAJORITY
OFFICER RECOMMENDATION:
That Council lease portion of Reserve 21030 to Ficifolia Community
Garden Inc. for a term of five years with an option of a further five years
at a rental of ten dollars payable on demand, with conditions to the
satisfaction of the Chief Executive Officer, subject to approval of the
Minister for Lands.
Minutes - Ordinary Meeting of Council - 19 August 202111
COUNCIL RESOLUTION:
MOVED: Eiby, W SECONDED: Taylor, R
28579
That Council lease portion of Reserve 21030 to Ficifolia Community
Garden Inc. for a term of five years with an option of a further five years
at a rental of ten dollars payable on demand, with conditions to the
satisfaction of the Chief Executive Officer, subject to approval of the
Minister for Lands.
ADOPTED BY EN BLOC RESOLUTION: 11/0
Minutes - Ordinary Meeting of Council - 19 August 202112
ATTACHMENT
9.3.1 Monthly Financial Activity Statement - June 2021
PROPONENT Shire of Manjimup
OWNER Whole Shire
LOCATION / ADDRESS: Whole Shire
WARD: Whole Shire
ZONE: N/A
DIRECTORATE: Business
FILE REFERENCE: F160188
LEGISLATION: Local Government Act 1995; Local
Government (Financial Management)
Regulations 1996
AUTHOR: Greg Lockwood
DATE OF REPORT: 5 August 2021
DECLARATION OF INTEREST: Nil
BACKGROUND:
The Local Government (Financial Management) Regulations 1996 require
monthly Financial Activity Statement reports to be prepared and presented to
Council, containing the following information;
Annual budget estimates;
Estimates to end of month;
Actual expenditure;
Actual income;
Material variances; and
Net current assets.
The Financial Activity Statement report for the period to 30 June 2021 is
attached. The report is summarised by Function/Activity with operating
comments via department.
ATTACHMENT: 9.3.1 (1)
PUBLIC CONSULTATION UNDERTAKEN:
Nil.
COMMENT (Includes Options):
The financial performance for the Shire of Manjimup to the 30 June 2021 is a
projected surplus of $39,334.
The actual estimated surplus to the 30 June 2021 is $4,066,877. After
accounting for all carry forwards that form part of the 2021/22 Adopted Budget
of $4,027,543 the net surplus or projected surplus is $39,334. There are still
minor adjustments to be made, both in the positive and negative to finalise the
end of year financial accounts to 30 June 2021. It is expected after these
adjustments that the current surplus should remain if not increase marginally.
Minutes - Ordinary Meeting of Council - 19 August 202113
This surplus and the high level of carry forwards has come from two main
sources, being the advance payment of the Financial Assistance Grant of
$2,315,993 and secondly, significant supply issues with sourcing contractors
and materials for capital projects. The supply issues are a directly related to
the unavailability of contractors as well as a significant shortage in materials to
complete capital jobs created by the major stimulus programs introduced by
both the Federal and State Governments.
The major components that form part of the $4,066,877 surplus are:
Advance Payment of Financial Assistance Grants - $2,315,993;
Various Infrastructure Road Projects - $1,033,532;
Light Vehicles - $133,500;
Road Asset Condition Pickup - $61,826;
Shire Promotional Plan - $59,585;
Pemberton Community Colocation Redevelopment (Muni) - $43,771;
Various minor capital items - $41,844; and
Various minor operational items $249,452.
Whilst the Shire of Manjimup ends the year with a moderate surplus position,
there have been many items that have both positively and negatively affected
the end of year position.
Items that are negatively affecting the end of year carry forward position are:
Windy Harbour Camp Ground Fees – loss $11,774;
Insurance Expenses – loss $12,974;
Storm Damage (Parks) – loss $34,463;
Interest Received – loss $97,193;
Power Up Museum Income – loss $107,285;
Storm Damage (Works) – loss $108,964;
Road Maintenance – loss $125,056; and
Interest Received – loss $97,193
Items that are supporting the end of year position and minimising losses
through the 2020/21 financial year are:
Dog/Cat Registrations – surplus $15,438;
Advertising – savings $15,451;
Power Up Museum Advertising – savings $26,874;
Legal Action Income – surplus $44,000;
Development Application Fees – surplus $53,059;
Fire Prevention Council Reserves - $62,486. A considerable amount of
work has been carried out through the Mitigation Activity Fund grant;
Plant Recoup (Parks) – surplus $97,545. This over recoup has caused
some parks jobs to end the year over budget so this line item offsets
that over expenditure; and
AquaCentre Operational Budget – surplus $137,596. A great result for
the AquaCentre with the majority of the savings coming from the
Minutes - Ordinary Meeting of Council - 19 August 202114
improvement of plant operating and the full year of the solar system
implementation.
Whilst the final end of year position will not be determined until the Annual
Financial Accounts have been audited in September/October it is expected
that the reported $39,334 should only receive minor adjustments as the
accounts are finalised. Once the accounts have been fully audited the
confirmed the carried forward surplus will be brought back to Council for
consideration via the December 2021 budget review.
For more detail regarding individual budgets and their variances please view
the operating comments section of this report.
STATUTORY ENVIRONMENT:
Section 6.8 of the Local Government Act and Financial Management
Regulation 34.
POLICY / STRATEGIC IMPLICATIONS:
Nil.
ORGANISATIONAL RISK MANAGEMENT:
Nil.
FINANCIAL IMPLICATIONS:
As described in above summary.
SUSTAINABILITY:
Environmental: Nil.
Economic: Nil.
Social: Expenditure in the 2020/21 budget will be important to stimulate local
businesses and support the community post COVID-19.
VOTING REQUIREMENTS: SIMPLE MAJORITY
OFFICER RECOMMENDATION:
That Council receive the Monthly Financial Activity Statement Report for
June 2021 as per Attachment: 9.3.1(1).
COUNCIL RESOLUTION:
MOVED: Eiby, W SECONDED: Taylor, R
28580
That Council receive the Monthly Financial Activity Statement Report for
June 2021 as per Attachment: 9.3.1(1).
ADOPTED BY EN BLOC RESOLUTION: 11/0
Minutes - Ordinary Meeting of Council - 19 August 202115
ATTACHMENT
9.3.2 Council Financial Payments July 2021 and Corporate Credit
Card Transaction June 2021.
PROPONENT Shire of Manjimup
OWNER N/A
LOCATION / ADDRESS: Whole of Shire
WARD: All
ZONE: Whole of Shire
DIRECTORATE: Business
FILE REFERENCE: F160967
LEGISLATION: Local Government (Financial
Management) Regulations 1996
AUTHOR: Craig Martyn
DATE OF REPORT: 16 July 2021
DECLARATION OF INTEREST: Nil
BACKGROUND:
It is a statutory requirement for a list of payments from the Municipal and Trust
Funds to be presented to Council and included in the minutes.
PUBLIC CONSULTATION UNDERTAKEN:
Nil.
COMMENT (Includes Options):
Corporate credit card payments totalling $7,968.13 for the month of June
2021 and accounts for payment totalling $1,474,986.99 for the month of July
2021 are listed below and in the attachment.
ATTACHMENT: 9.3.2(1)
Vouchers for the expenditure are available for inspection at the Council
Meeting of 19 August 2021.
Fund Vouchers Amount
Municipal 94762 – 94784 $85,384.68
Trust Fund - $0.00
Total Cheques for Month of July 2021 $85,384.68
Electronic Funds Transfer (EFT) expenditure batch reports are available for
inspection at the Council Meeting of 19 August 2021.
Fund Batch Amount
Municipal 146 – 149 $1,389,602.31
Total EFT for Month of July 2021 $1,389,602.31
Minutes - Ordinary Meeting of Council - 19 August 202116
Corporate Credit Card Transactions 22 May 2021 to 21 June 2021 (Paid 5
July 2021).
Various Westnet Invoice #126452717 $219.89
Internet Services 01/06/21 to 01/07/2021
7.1101 Cilantro Food Manjimup $151.20
Lunch Meeting with New Auditors
973.6001 Festo Pty Ltd $165.79
Press Regulator (APT2) and Freight
689.1101 Australian Airports Canberra $1,348.38
687.1317 3 x ARO Refresher Course
100.1101 Fildes Food Safety Pty Sandringham $86.90
2x Food Safety Books
1793.6003 Coles Express Singleton $85.43
65.26L diesel – 1010WA
2.1189 Pagoda Resort Como $182.43
1x Night Accommodation for Shire President – Meet with
Hon. John Carey
6.1101 Donnybrook Hotel $26.00
Lunch for CEO – SWALGA Meeting
1905.1544 Totally Workwear Bunbury $249.25
Safety Equipment for Trail Bike Hub Demolition
4.1221 Adobe Systems Sydney $76.99
Creative Cloud Suite – Software for Document Design
677.1094 Slimline Warehouse Broadmeadows $363.63
Portable Lectern and Freight
677.1161 Amazon Marketplace Sydney $35.59
Book Purchases for Pemberton Library
677.1094 Ezi*Display Me Matraville $635.80
7x Lockable display frames and 1x Easel
665.1101 Facebook $62.36
Advertising for Heritage Park
575.1101 Two Little Black Birds Manjimup $12.00
Pre-Employment Interview
575.1101 Two Little Black Birds Manjimup $12.00
Pre-Employment Interview
573.1035 BOC Limited $4,036.59
1x Portable Oxygen Concentrator and Lithium Battery
575.1001 Facebook $61.80
Advertising for Visitor Survey
669.1317 Paypal *SportsCommu $39.95
Webinar Training Registration – Successful Meetings
677.1101 KIKKI.K Pty Ktd $76.20
60x Bulldog Clips for Noongar Exchange Exhibition
669.1317 Paypal *SportsCommu $39.95
Webinar Training Registration – Volunteers
Total Credit Card Payments $7,968.13
Minutes - Ordinary Meeting of Council - 19 August 202117
Corporate Credit Card Transactions 22 June 2021 to 21 July 2021 (Paid 3
August 2021) were not available at the time of writing this report.
STATUTORY ENVIRONMENT:
Local Government (Financial Management) Regulations 1996, Regulations
(12) and (13).
POLICY / STRATEGIC IMPLICATIONS:
Nil.
ORGANISATIONAL RISK MANAGEMENT:
Nil.
FINANCIAL IMPLICATIONS:
As stated.
SUSTAINABILITY:
Environmental: Nil.
Economic: Nil.
Social: Nil.
VOTING REQUIREMENTS: SIMPLE MAJORITY
OFFICER RECOMMENDATION:
That Council receive the June 2021 Corporate Credit Card transactions
totalling $7,968.13 and July 2021 accounts for payment totalling
$1,474,986.99 as detailed in attachment: 9.3.2(1).
COUNCIL RESOLUTION:
MOVED: Eiby, W SECONDED: Taylor, R
28581
That Council receive the June 2021 Corporate Credit Card transactions
totalling $7,968.13 and July 2021 accounts for payment totalling
$1,474,986.99 as detailed in attachment: 9.3.2(1).
ADOPTED BY EN BLOC RESOLUTION: 11/0
Minutes - Ordinary Meeting of Council - 19 August 202118
ATTACHMENT
9.5.2 Quarterly Report - April to June 2021 - Director of
Development and Regulation
PROPONENT Director Development & Regulation
OWNER N/A
LOCATION / ADDRESS: Whole of Shire
WARD: All
ZONE: N/A
DIRECTORATE: Development & Regulation
FILE REFERENCE: F160966
LEGISLATION: Various
AUTHOR: Brian Robinson
DATE OF REPORT: 26 July 2021
DECLARATION OF INTEREST: Nil
BACKGROUND:
A report outlining the activities of the Development & Regulation Directorate is
attached for the period of April to June 2021 for Councillors information and
reference.
ATTACHMENT: 9.5.2(1)
PUBLIC CONSULTATION UNDERTAKEN:
Nil.
COMMENT (Includes Options):
The purpose of this agenda item is to inform Councillors of activities
undertaken and to provide Councillors with an opportunity to raise queries in
respect of those activities.
STATUTORY ENVIRONMENT:
Various legislation as applicable to the activities undertaken within the
Development and Regulation Directorate.
POLICY / STRATEGIC IMPLICATIONS:
Nil.
ORGANISATIONAL RISK MANAGEMENT:
Nil.
FINANCIAL IMPLICATIONS:
All activities were undertaken in accordance with the Shire of Manjimup’s
2020/21 Annual Budget. It is anticipated that there will be some carry
forwards as part of the annual budget process.
SUSTAINABILITY:
Environmental: As stated in Attachment.
Economic: As stated in Attachment.
Minutes - Ordinary Meeting of Council - 19 August 202119
Social: As stated in Attachment.
VOTING REQUIREMENTS: SIMPLE MAJORITY
OFFICER RECOMMENDATION:
That Council receive the April to June 2021 Quarterly Report for the
Development and Regulation Directorate as contained in Attachment:
9.5.2(1).
COUNCIL RESOLUTION:
MOVED: Eiby, W SECONDED: Taylor, R
28582
That Council receive the April to June 2021 Quarterly Report for the
Development and Regulation Directorate as contained in Attachment:
9.5.2(1).
ADOPTED BY EN BLOC RESOLUTION: 11/0
Minutes - Ordinary Meeting of Council - 19 August 202120
ATTACHMENT
9.5.5 Delegated Planning Decisions for June and July 2021
PROPONENT Shire of Manjimup
OWNER Various
LOCATION / ADDRESS: Various
WARD: Various
ZONE: Various
DIRECTORATE: Development and Regulation
FILE REFERENCE: F170085
LEGISLATION: Planning and Development Act 2005
Local Government Act 1995
AUTHOR: Sean Tysoe
DATE OF REPORT: 4 August 2021
DECLARATION OF INTEREST: Nil
BACKGROUND:
In order to ensure the efficient and timely processing of planning related
applications, Council delegates authority to the Chief Executive Officer to
conditionally approve Applications for Development Approval that meet the
requirements of both Local Planning Scheme No 4 (the Scheme) and adopted
Planning Policy.
Delegated planning decisions are reported to Council on a monthly basis to
ensure that Council has an appropriate level of oversight on the use of this
delegation. A Register of Delegated Development Approvals, detailing those
decisions made under delegated authority in June and July 2021 is attached.
ATTACHMENT: 9.5.5(1)
PUBLIC CONSULTATION UNDERTAKEN:
Where required applications were advertised in accordance with the Scheme
and Council’s adopted Local Planning Policy as detailed in the
Policy/Strategic Implications section below.
COMMENT (Includes Options):
During June and July 2021, fourteen (14) development applications were
determined under delegated authority. Table 1 & 2 shows the number and
value of development applications determined under both delegated authority
and by Council for June and July 2021 compared to June and July 2020:
Table 1: Planning Decisions Made June 2020 and 2021
June 2020 June 2021
Delegated Decisions 9 ($317,451) 5 ($288,500)
Council Decisions 5 ($224,000) 3 ($123,000)
Total 14 ($541,451) 8 ($411,500)
Minutes - Ordinary Meeting of Council - 19 August 202121
Table 2: Planning Decisions Made July 2020 and 2021
July 2020 July 2021
Delegated Decisions 20 ($2,404,677) 9 ($616,786)
Council Decisions 4 ($247,000) 5 ($135,000)
Total 24 ($2,651,677) 14 ($751,786)
Table 3 compares the Year-To-Date statistics for delegated authority and
Council decisions for 2020-21 compared to the previous Financial Year:
Table 2: Planning Decisions Made Year-To-Date 2019-20 and 2020-21
YTD 2019-20 YTD 2020-21
Delegated Decisions 111 ($7,667,234) 137 ($12,621,543)
Council Decisions 40 ($2,255,073) 53 ($14,803,400)
Total 151 ($9,922,307) 190 ($27,424,943)
STATUTORY ENVIRONMENT:
The Scheme is a Local Planning Scheme, made in accordance with the
Planning and Development Act 2005 and associated regulations. Part 8 of
the Scheme states that prior planning approval is required for all
developments (including land use), except those developments identified
within Part 8.4 as being Permitted Development.
In accordance with Part 11.3 of the Scheme, Council has delegated a number
of planning powers to the Chief Executive Officer. These powers have been
on-delegated by the Chief Executive Officer to other staff in accordance with
clause 11.3.3 of Local Planning Scheme No 4.
Clause 11.3.5 of the Scheme requires that a delegation under the Scheme is
consistent with sections 5.45 and 5.46 of the Local Government Act 1995 and
the regulations referred to in clause 5.46 of that Act. Regulation 19 of the
Local Government (Administration) Regulations 1996 requires that a written
record of each delegated decision be kept.
POLICY / STRATEGIC IMPLICATIONS:
Applications for Development Approval must be assessed against
requirements of the Scheme and Local Planning Policies that have been
adopted in accordance with Part 2 of the Scheme. These Policies include
Local Planning Policy LPS4 6.1.2 Advertising of Planning Proposals, which
details the level and scope of advertising required for Applications for
Development Approval.
Each application processed under delegated authority has been processed
and advertised, where required, and has been determined to be consistent
with the requirements of all adopted Local Planning Policies.
ORGANISATIONAL RISK MANAGEMENT:
Nil.
Minutes - Ordinary Meeting of Council - 19 August 202122
FINANCIAL IMPLICATIONS:
The required planning fees have been paid for all applications for
Development Approval processed under delegated authority.
SUSTAINABILITY:
Environmental: Nil.
Economic: Nil.
Social: Nil.
VOTING REQUIREMENTS: SIMPLE MAJORITY
OFFICER RECOMMENDATION:
That Council receives the report on Delegated Development Approvals
for June and July 2021 as per Attachment: 9.5.5(1).
COUNCIL RESOLUTION:
MOVED: Eiby, W SECONDED: Taylor, R
28583
That Council receives the report on Delegated Development Approvals
for June and July 2021 as per Attachment: 9.5.5(1).
ADOPTED BY EN BLOC RESOLUTION: 11/0
Minutes - Ordinary Meeting of Council - 19 August 202123
ATTACHMENT
APPENDIX
9.7.1 Application for the Keeping of More Than Two Dogs at Lot 100
(140) Chopping Street, Manjimup
PROPONENT Alison and Richard Keegan
OWNER Mr R J & Mrs A M Keegan
LOCATION / ADDRESS: Lot 100 (140) Chopping Street, Manjimup
WARD: Central
ZONE: Rural Residential
DIRECTORATE: Development and Regulation
FILE REFERENCE: F161271
LEGISLATION: Dog Act 1976 and Shire of Manjimup Dog
Local Law 2004
AUTHOR: Stephen Burch
DATE OF REPORT: 28 July 2021
DECLARATION OF INTEREST: Nil
BACKGROUND:
Council at its Ordinary Meeting held on 4 March 2021 considered an
application by the proponent to keep more than two dogs. The proponent had
applied for approval to keep five dogs over the age of three months on the
property. Council resolved (Resolution 28403) as follows:
That Council:
1. Refuse the applicants request for an exemption to keep more
than two dogs at 140 Chopping Street, Manjimup pursuant to the
Dog Act 1976 Section 26(3) for the following reasons:
a) Approval to the application as submitted would be contrary
to the provisions of the Shire of Manjimup’s Local Planning
Scheme which prohibits the establishment of an “Animal
Establishment” within the Rural-Residential Zone;
b) Approval of the application would be contrary to the
recommendation listed in Policy 5.2.5 Applications to keep
additional dogs or cats which stipulates that applications
for approval to keep more than the prescribed number of
dogs/cats for breeding shall not be supported, unless the
owner is registered breeder;
c) Approval to the application would create an undesirable
precedent for the keeping of more than two dogs for the
purposes of breeding when the applicant has not supplied
any documentation to confirm they are a registered breeder
or a member of any canine association or affiliated group;
d) The applicant has for a number of years failed to comply
with the Dog Act 1976 Section 7(1) by:
Minutes - Ordinary Meeting of Council - 19 August 202124
i) keeping unregistered dogs at the property; and
ii) keeping more than two dogs without an approved
exemption; and
e) All neighbouring property owners interviewed on the
application have provided justified comments to which all
are against the exemption citing various reasons including
nuisance barking, the number of animals being kept on the
property from the property.
Advice to Applicant:
Further to refusal reason number a) above, the applicant is
advised that the provisions of the Shire of Manjimup Local
Planning Scheme No 4 define an “Animal Establishment” as
premises used for the breeding, boarding, training or caring of
animals for commercial purposes but does not include animal
husbandry – intensive or veterinary centre”. As the purpose of
keeping more than two dogs is related to sustained breeding of
the animals, the use is consistent with the above definition and
such uses cannot permitted under current Local Planning Scheme
No 4 provisions relating to the land.
2. Require that the number of dogs kept at the property be reduced to
two within 30 days.
An extract from the Council Minutes is appended.
APPENDIX: 9.7.1(A)
On the 6 April 2021 the decision was appealed through the State
Administrative Tribunal. A Direction Hearing was held on the 28 May 2021
where the order was made to proceed with a Hearing which was scheduled to
be held on the 14 September 2021. In the Direction Hearing by self-admission
by the applicant, it was stated that they had a sixth dog over the age of three
months when only five had been applied for registration on the subject land.
An inspection was carried out by Shire Officer’s on the subject land under
warrant on the 4 June 2021 and it was found that the applicant had a sixth
dog over the age of three months. The intention of owning the sixth dog was
for the purpose of breeding as the applicant intends on retiring one of her
older dogs from breeding. Also found in the inspection were eight puppies
under the age of three months on the property, clearly showing that the dogs
are being used for breeding purposes.
The sixth dog was found to be unregistered. Shire Officer’s issued a modified
penalty as the applicant was fully aware that all dogs over the age of three
months have to be registered in accordance with the Dog Act 1976. At the
time of inspection the applicant was keeping more than the prescribed number
of dogs already being appealed through the State Administrative Tribunal.
The applicant was informed by Shire Officer’s that they were unable to keep
the sixth dog because it was not on the original application and if the applicant
Minutes - Ordinary Meeting of Council - 19 August 202125
wished to keep the sixth dog that they would need to withdraw the appeal
currently with State Administrative Tribunal and submit a new application to
keep more than the prescribed number of dogs within a town site.
On the 24 June 2021 the applicant made a submission to the State
Administrative Tribunal requesting the withdrawal of the matter on the grounds
that they would make a new application to the Shire. The new application
would contain six dogs rather than the five that were previously denied.
A direction hearing took place on the 26 July 2021 where the State
Administrative Tribunal made an order to withdraw the review of the decision
made by Council on the 4 March 2021.
An application was received on the 23 June 2021 to keep a total of six dogs,
five unsterilized females and one unsterilized male Cavalier King Charles
Spaniel (CKCS), each over the age of three months as follows:
Breed Age Microchip Sterilised Sex Registration
953 010 004
1. CKCS 3.5 No F 255/2021
905 337
953 010 002
2. CKCS 3 No F 259/2021
773 238
953 010 002
3. CKCS 3 No F 260/2021
773 357
953 010 003
4. CKCS 1.5 No F 256/2021
823 374
900 164 001
5. CKCS 3 No M 261/2021
705 494
8 953 010 004
6. CKCS No F 430/2021
Months 994 843
A copy of the application as submitted is shown attached.
ATTACHMENT: 9.7.1(1)
PUBLIC CONSULTATION UNDERTAKEN:
The Shire of Manjimup sent notification on 27 July 2021 to three separate
landowners of the adjoining properties with a 14 day comment period which
closed on the 10 August 2021. At the time of writing this report the Shire has
received one written objection about this matter. The Shire of Manjimup has
also received a telephone call from one of the neighbours asking why they
received yet another letter requesting for comment and was confused on why
the applicant can re-apply when the last application was denied.
A copy of the written submission is attached.
ATTACHMENT: 9.7.1(2)
The previous application on this matter had all neighbouring properties
objecting to the application, the following is a summary of the reasons given:
Minutes - Ordinary Meeting of Council - 19 August 202126
The dogs can at times excessively bark both during night and day
times to the point where the enjoyment of their property has been
impacted;
Concerns over vermin numbers allegedly coming from the subject land;
and
The cleanliness of the property.
COMMENT (Includes Options):
To assist Council in determining the application, the following comments are
offered:
Statutory Planning
The Shire of Manjimup Local Planning Scheme No. 4 (the Scheme) include
the subject land within the Rural Residential Zone. Schedule 1 of the Scheme
includes the definition of an “animal establishment” as “a premises used for
the breeding, boarding, training or caring of animals for commercial purposes
but does not include animal – husbandry intensive or veterinary centre.”
An ‘animal establishment’ is an ‘X’ use within the Rural Residential Zone, that
is a use that is not permitted by the Scheme. Notes contained within the
Scheme text provide guidance on ‘X’ use, in that the local government must
refuse to approve any ‘X’ use of land. Approval to an ‘X’ use can only proceed
by way of an amendment to the Scheme.
Limitation on Number of Dogs
In accordance with Part 3 Clause 3.2(2) of the Shire of Manjimup Dog Local
Laws 2004, a person shall not without an exemption in writing from the
Council, keep more than 2 dogs over the age of 3 months on land used for
residential purposes. As the subject land is zoned Rural Residential and
within the Gazetted town boundary under the Shire of Manjimup’s Local
Planning Scheme No 4, the applicant has been found to be keeping dogs in
excess of the numbers permitted pursuant to the Shire of Manjimup Dog Local
Laws 2004.
Council Policy
In 2016, Council adopted Policy 5.2.5 - Applications to Keep Additional Dogs
or Cats (the Policy) in order to guide the assessment of applications to keep
additional dogs or cats, the Policy was reviewed in May 2021. This policy
outlines acceptable and unacceptable grounds for requesting more than the
legal number of animals prescribed by Acts and Local Laws. In accordance
with the Policy, applications shall only be permitted where the following
reasons apply:
i. To replace an elderly or sick dog/cat that it is not expected to live;
ii. Sudden family emergency and dog/cat inherited;
iii. Merging of two households; and
iv. Where the applicants have had approval to keep more than the
prescribed number in another local authority.
Minutes - Ordinary Meeting of Council - 19 August 202127
The Policy furthermore outlines that applications made on the following
grounds shall not be supported:
a) Just wanting another dog/cat;
b) Rescued a stray and would like to keep it;
c) Family member moves home and brings dog/cat;
d) A third party moving into a property (ie a boarder) and bringing a
dog/cat with them;
e) Wanting to keep puppies/kittens from litters that have not been
disposed of within three months of being born;
f) For breeding purposes, unless the owner is a registered breeder and
the premises have been approved as an Animal Establishment in
accordance with the provisions of the Shire of Manjimup’s Local
Planning Scheme No 4; and
g) Applications seeking to keep declared or restricted breeds.
In addition, the property is required to be inspected and deemed suitable by
Shire Officers or other authorised persons. Whilst an inspection of the
property has identified that the fencing at the property is of sufficient height to
contain the breed of dogs, the material used is unsuitable creating a potential
risk to the dog’s welfare.
Approval to the application is not recommended for the following reasons:
Application Justification
As stated within their application, the applicant is seeking approval to keep
more than two dogs for the purposes of breeding as they “enjoy doing it” and
also wishes to replace the dogs when they need to for breeding purposes.
It is also stated in the application that the applicant is looking towards
becoming a registered breeder because they feel that is why the last
application was denied. Although this may help in a Kennel Establishment
Application under the Dog Local Law 2004 it is irrelevant in this case, as
approval cannot be granted contrary to the provisions of the Scheme.
The subject property has an area of 1.0439ha, being substantially larger than
a typical Rural Residential property within the town site. The dogs are housed
in small to medium sized enclosures that range in sizes from 5 by 5 metres to
10 by 5 metres that are to the rear of the dwelling, the dogs are not able to
freely roam the entire property. The dogs do not receive exercise outside of
the property.
The applicant states within the application the subject land was zoned
“Special Rural” on purchase 14 years previously and that the number of dogs
was restricted to four without Council approval. Regardless of zoning of the
property at the time of purchase, the property is within the Gazetted town site
boundary. The Dog Act 1976 at the time of purchase prescribed that
properties within a Gazetted town site where restricted to two dogs over the
age of three months unless approvals are granted by Council. The Shire of
Minutes - Ordinary Meeting of Council - 19 August 202128
Manjimup Dog Local Laws 2004 are now the current head of power in regards
to the limitation on the number of dogs. It is also noted that Town Planning
Scheme 2 at the time of purchase prohibited Dog Kennels for the purpose of
boarding and or breeding within Special Rural zones.
Compliance with Policy
From the submitted correspondence it is clear that the applicant is seeking to
continue breeding dogs on the property. As the applicant is not a registered
breeder, and is unable to obtain a kennel licence due to the location within the
Gazetted town site, approval to the application would be in direct
contravention of the Shire’s adopted Policy.
Complaints
The Shire of Manjimup has previously received two complaints about the
dogs. On the 11 August 2020, a complaint was received raising concerns over
the welfare of the dogs in regards to living conditions and possibility of
excessive breeding. There are no current State Laws in place to prevent how
many times a dog can be bred, most Local Government Local Laws state that
breeders still need to obtain a Kennel Licence to breed.
In January 2021 a second concern was received from a member of the public
who resides outside of the district who had been interested in purchasing a
puppy. On arranging a visit to the property, the complainant undertook
research on Google Maps and became uneasy and felt that the property was
not being kept in a state that reflected a professional operation. The
complainant subsequently cancelled the visit.
The living conditions of where the dogs are to be housed were of unsuitable
nature in the professional opinion of Shire Officers who attended the property.
The conditions of the property do not meet the minimum requirements for a
kennel establishment.
Conclusion
Although the applicant has advised that they intend to register as a breeder,
the Shire of Manjimup is not able to approve a Kennel Establishment under
the Dog Local Law 2004 as an approval would be contrary to the provisions of
the Scheme. As such, there is no avenue to approve the keeping of more than
two dogs for the purposes of breeding at the subject property without an
amendment to the Scheme. Given the non-compliance with the
aforementioned legislation, the number of complaints being made and the
current living conditions, it is recommended that the application be refused.
STATUTORY ENVIRONMENT:
Dog Act 1976 Section 26(3)
Shire of Manjimup Dogs Local Law 2004 Part 3 Clause 3.2(2)
Shire of Manjimup Health Local Laws 2020 Clause 5.13
Shire of Manjimup Local Planning Scheme No 4 Part 4.19
Minutes - Ordinary Meeting of Council - 19 August 202129
POLICY / STRATEGIC IMPLICATIONS:
Shire of Manjimup Policy 5.2.5 stipulates that a request for an exemption for
the purpose of breeding is an inadequate reason unless the applicant is a
registered breeder and is outside of a gazetted town site. Within the
supporting correspondence the applicant has clearly stated her desire to
maintain all dogs for breeding on a continued basis.
ORGANISATIONAL RISK MANAGEMENT:
Due to comments received previously by all neighbours in regards to the
excessive barking and overcrowding of animals, there is a high level risk that
the health and enjoyment of neighbouring properties could be impacted if
permission is granted to keep more than the prescribed number of dogs. If the
health and the enjoyment of the neighbours are affected, complaints could be
raised. This would then leave the organisation vulnerable and in a situation
that could be difficult to rectify.
FINANCIAL IMPLICATIONS:
Nil.
SUSTAINABILITY:
Environmental: Nil.
Economic: Nil.
Social: Comments received in the neighbouring property surveys previously
were not favourable of the application due to ongoing impacts associated with
noise and vermin.
VOTING REQUIREMENTS: ABSOLUTE MAJORITY
OFFICER RECOMMENDATION:
That Council
1. Refuse the applicant’s request for an exemption to keep more
than two dogs at Lot 100 (140) Chopping Street, Manjimup
pursuant to the Dog Act 1976 Section 26(3) for the following
reasons:
a) Approval to the application as submitted cannot be
permitted under the provisions of the Shire of Manjimup’s
Local Planning Scheme No. 4 which prohibits the
establishment of an “Animal Establishment” within the
Rural-Residential Zone;
b) Approval of the application would be contrary to the
recommendation listed in Policy 5.2.5 Applications to keep
additional dogs or cats which stipulates that applications
for approval to keep more than the prescribed number of
dogs/cats for breeding shall not be supported, unless the
owner is registered breeder and outside of the gazetted
town site;
Minutes - Ordinary Meeting of Council - 19 August 202130
c) Approval to the application would create an undesirable
precedent for the keeping of more than two dogs for the
purposes of breeding when the applicant has not supplied
any documentation to confirm they are a registered breeder
or a member of any canine association or affiliated group;
d) The applicant has for a number of years failed to comply
with the Dog Act 1976 Section 7(1) by:
i) keeping unregistered dogs at the property; and
ii) keeping more than two dogs without an approved
exemption; and
e) All previous neighbouring property owner’s comments on
the application have provided justified comments to which
all are against the exemption citing various reasons
including nuisance barking, the number of animals being
kept on the property and the vermin coming from the
property.
2. Require that the number of dogs kept at the property be reduced to
two within 30 days.
COUNCIL RESOLUTION:
MOVED: Eiby, W SECONDED: Taylor, R
28584
That Council
1. Refuse the applicant’s request for an exemption to keep more
than two dogs at Lot 100 (140) Chopping Street, Manjimup
pursuant to the Dog Act 1976 Section 26(3) for the following
reasons:
a) Approval to the application as submitted cannot be
permitted under the provisions of the Shire of Manjimup’s
Local Planning Scheme No. 4 which prohibits the
establishment of an “Animal Establishment” within the
Rural-Residential Zone;
b) Approval of the application would be contrary to the
recommendation listed in Policy 5.2.5 Applications to keep
additional dogs or cats which stipulates that applications
for approval to keep more than the prescribed number of
dogs/cats for breeding shall not be supported, unless the
owner is registered breeder and outside of the gazetted
town site;
c) Approval to the application would create an undesirable
precedent for the keeping of more than two dogs for the
purposes of breeding when the applicant has not supplied
any documentation to confirm they are a registered breeder
or a member of any canine association or affiliated group;
Minutes - Ordinary Meeting of Council - 19 August 202131
d) The applicant has for a number of years failed to comply
with the Dog Act 1976 Section 7(1) by:
i) keeping unregistered dogs at the property; and
ii) keeping more than two dogs without an approved
exemption; and
e) All previous neighbouring property owner’s comments on
the application have provided justified comments to which
all are against the exemption citing various reasons
including nuisance barking, the number of animals being
kept on the property and the vermin coming from the
property.
2. Require that the number of dogs kept at the property be reduced to
two within 30 days.
ADOPTED BY EN BLOC RESOLUTION: 11/0
Minutes - Ordinary Meeting of Council - 19 August 202132
ATTACHMENT
9.12.1 Request to Name an Un-named Road in Ringbark
PROPONENT Norm Eaton
OWNER Shire of Manjimup
LOCATION / ADDRESS: Ringbark
WARD: North
ZONE: General Agriculture
DIRECTORATE: Works and Services
FILE REFERENCE: F170077
LEGISLATION: Local Government Act 1995, Land
Administration Act 1997
AUTHOR: Yvonne Ganfield
DATE OF REPORT: 21 June 2021
DECLARATION OF INTEREST: Nil
BACKGROUND:
A request has been received to name the un-named road that provides
access to Lot 12613 Ralston Road, Ringbark. A plan showing the location of
the un-named road is below.
The Road Infrastructure Advisory Committee meeting held 20 April 2021
recommended the naming of the road reserve off Ralston Road to allow a
property address. The Committee also requested the proponent be advised of
the Aboriginal and Dual Naming Guideline and the pre-approved list of names
as a strategy for naming un-named roads and laneways within the Shire of
Manjimup.
After reviewing the pre-approved names list, the proponent has provided a list
of names to be considered by Council and also provided the details of a brief
history of each name proposed. The list of names are attached.
ATTACHMENT: 9.12.1(1)
Minutes - Ordinary Meeting of Council - 19 August 202133
After further discussions with proponent, he had advised his main preference
for road naming are Greenup Close and Frances Close. He has also chosen
Yorla Close (Noongar language for Ti-tree bark as noted in the Shire’s pre-
approved road name register), as there are a lot of Ti-trees around the
proponents property or Caladenia Close (the name for the native Spider
Orchid) also from the pre-approved road name register).
PUBLIC CONSULTATION UNDERTAKEN:
Nil.
COMMENT (Includes Options):
The proposed road names were submitted to Landgate for preliminary
validation with only the names Yorla Close and Caladenia Close passing the
validation process. The results are shown below.
The Local Government Act 1995 and Landgate – Policies and Standards for
Geographical Naming in Western Australia require that the Shire publically
consult with the wider community, which will include specific consultation with
the local Traditional Owners Groups, for a period of four weeks. It is therefore
requested that Council approve the names Yorla Close and Caladenia Close
to be used for the consultation purpose.
It is also recommended that, if there are no objections to the proposed names,
that Shire progress with the road naming process having Yorla Close as the
preferred first choice and Caladenia Close as the second.
STATUTORY ENVIRONMENT:
Local Government Act 1995 and Land Administration Act 1997.
Landgate – Policies and Standards for Geographical Naming in Western
Australia.
POLICY / STRATEGIC IMPLICATIONS:
Nil.
ORGANISATIONAL RISK MANAGEMENT:
Nil.
Minutes - Ordinary Meeting of Council - 19 August 202134
FINANCIAL IMPLICATIONS:
New road sign will need to be installed. This is a minor cost ordinarily
absorbed by the Shire operational budget.
SUSTAINABILITY:
Environmental: Nil.
Economic: Nil.
Social: Naming of access roads increases the ability for emergency services
and visitors to find properties.
VOTING REQUIREMENTS: SIMPLE MAJORITY
OFFICER RECOMMENDATION:
That Council:
1. Endorse the name Yorla Close as the first choice to be applied to
the un-named road reserve;
2. Endorse the name Caladenia Close as the second choice to be
applied to the un-named road reserve;
3. Approve the public consultation for a period of 4 weeks; and
4. Request the Chief Executive Officer, pending result of public
consultation, forward the naming proposals to Landgate for
approval.
COUNCIL RESOLUTION:
MOVED: Eiby, W SECONDED: Taylor, R
28585
That Council:
1. Endorse the name Yorla Close as the first choice to be applied to
the un-named road reserve;
2. Endorse the name Caladenia Close as the second choice to be
applied to the un-named road reserve;
3. Approve the public consultation for a period of 4 weeks; and
4. Request the Chief Executive Officer, pending result of public
consultation, forward the naming proposals to Landgate for
approval.
ADOPTED BY EN BLOC RESOLUTION: 11/0
Minutes - Ordinary Meeting of Council - 19 August 202135
Councillor Eiby declared a Financial Interest in this Item as she is the
Manager of the Northcliffe Visitor Centre which holds one of the sub-leases.
Councillor Eiby did not speak on the matter and left the room at 6.04pm.
9.2.2 Proposed Lease and Subleases - Northcliffe Information and
Visitor Centre, Reserve 46739
PROPONENT Northcliffe Community Resource Centre
Inc., Northcliffe Visitor Centre Inc. and
Southern Forest Arts Inc.
OWNER Crown (Management Order to Shire)
LOCATION / ADDRESS: Reserve 46739, Lot 178 Muirillup Rd,
Northcliffe
WARD: Coastal
ZONE: Public Purposes
DIRECTORATE: Business
FILE REFERENCE: F160748
LEGISLATION: Local Government Act 1995
Land Administration Act 1997
AUTHOR: Jasmine Bamess
DATE OF REPORT: 6 August 2021
DECLARATION OF INTEREST: Nil
BACKGROUND:
The Northcliffe Information and Visitor Centre (NIVC) building on Reserve
46739 was designed to co-locate various services. The Shire of Manjimup
leases the premises to the Northcliffe Community Resource Centre Inc. who
in turn sublease portions to the Northcliffe Visitor Centre Inc., Southern Forest
Arts Inc. and Shire of Manjimup (Library).
The current lease and subleases are due to expire in November 2021. The
occupants have requested a new lease and subleases to continue this
arrangement. The sublease to the Shire of Manjimup for the library is
proposed to be surrendered as the library has since relocated from the former
library space to the Visitor Centre.
PUBLIC CONSULTATION UNDERTAKEN:
Nil.
COMMENT (Includes Options):
The existing lease and sublease arrangement has operated successfully since
2012. Having the Northcliffe Community Resource Centre Inc. (NCRC) as the
head lessee provides one lease point of contact for the whole building. NCRC
and the sublessees have a Memorandum of Understanding for shared
responsibilities and expenses. The same structure is proposed for a new three
year term, with an option of a further three years.
The lease is essentially for the building only, excluding the public amenities.
There is a separate lease to Southern Forest Arts for the portion of the
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