ORDINARY COUNCIL MEETING MINUTES - Shire of Harvey - 27th March 2018
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Shire of Harvey ORDINARY COUNCIL MEETING MINUTES 27th March 2018
ORDINARY COUNCIL MINUTES 27th March 2018 TABLE OF CONTENTS A. OFFICIAL OPENING ............................................................................................................... 6 B. RECORD OF ATTENDANCE/APOLOGIES/LEAVE OF ABSENCE ....................................... 6 C. APPLICATIONS FOR LEAVE OF ABSENCE ......................................................................... 6 D. READING FROM A BOOK OF LEARNING AND WISDOM .................................................... 6 E. DECLARATIONS OF MEMBERS’ AND OFFICERS’ PERSONAL INTEREST ............................................................................................................................... 6 F. RESPONSE TO PREVIOUS QUESTIONS TAKEN ON NOTICE ............................................ 7 G. PUBLIC QUESTION TIME ...................................................................................................... 7 H. PETITIONS/DEPUTATIONS/PRESENTATIONS .................................................................... 8 I. ANNOUNCEMENTS BY PRESIDING MEMBER OR CEO WITHOUT DISCUSSION ............. 8 J. CONFIRMATION OF MINUTES .............................................................................................. 9 Ordinary Council Meeting – 6th March 2018. ............................................................................ 9 K. RECEIPT OF MINUTES AND RECOMMENDATIONS FROM COMMITTEES ..................... 34 Harvey Local Emergency Management Committee – 12th March 2018. ................................ 34 Yarloop Town Development Working Group – 13th March 2018. ........................................... 34 Disability Access and Inclusion Committee – 13th March 2018. ............................................. 35 Shire of Harvey & Leschenault Sporting Association Sub Committee – 19th March 2018 ....... 35 Joint Town Planning Scheme No. 1 Committee – 22nd March 2018. ..................................... 35 Yarloop Town Development Working Group – 26th March 2018. ........................................... 34 Audit Committee – 27th March 2018. ..................................................................................... 36 Corporate Services Committee – 27th March 2018. ................................................................. 9 Development Services Committee – 20th March 2018. .......................................................... 15 (Including Planning, Health and Building Reports listed below) 8.1 PLANNING REPORT 8.1.1 Redevelopment of the Wokalup Tavern (Tavern, Liquor Store (Drive Thru), Licensed Restaurant and Use Not Listed – Brewery) – Hopbroker Pty Ltd – Lots 65, 66 and 67 (11538) South Western Highway, Wokalup (A002050). ...................................................................... 15 8.1.2 Proposed Pet Food Processing Facility – Conveniently Raw – Lot 179 Thompson/Eckersley Road, Cookernup (A000160)................................ 22 8.1.3 Caretaker’s Dwelling (Heritage Building Site) – Plunkett Homes on behalf of Mr. J. and Mrs. M. Clifton – Lot 5 (No. 484) Clifton Road, Brunswick Junction (A004823). ..................................................................... 42 - Page 2 -
ORDINARY COUNCIL MINUTES 27th March 2018 8.2 HEALTH REPORT 8.2.1 Stallholder Permit Renewal – Mrs. D. Hiscock – The Big Coffee Van/The Small Coffee Van – Lot 31 Old Coast Road, Australind (HSI016 (8)). ................................................................................................. 30 8.3 BUILDING REPORT 8.3.1 Building Permit Applications Received – Building Permits Issued – February 2018 – Shire of Harvey (BSR017 (15))........................................... 48 L. OFFICER’S REPORTS TECHNICAL SERVICES 1. Proposed five (5) year Pump/Motor and Bore Maintenance Program – Technical Services – Shire of Harvey (FM/B001). ...................................................... 48 2. Tender T022018 – New Motor Grader – Technical Services – Shire of Harvey (T022018). ................................................................................................................. 80 3. Request for Financial Contribution towards a Safety Barrier (Pedestrian Fencing) – St Nicholas Church – St Nicholas Church Parish, on behalf of the Bunbury Diocesan Trustees – Lot 324 (No. 9) Paris Road, Australind (A007125). ................................................................................................................. 51 CORPORATE SERVICES 1. Harvey Shire Office and Council Chamber Air Conditioning Upgrade – Tender – Various Tenderers – Harvey Shire Office and Council Chamber Building – Lot 19 (No. 102) Uduc Road, Harvey (T042018). ....................................................... 54 2. Fire Mitigation Green Waste Verge Pick Up – Shire of Harvey (Whole District) (HSA005). .................................................................................................................. 57 3. TransBunbury Proposed Bus Service Changes – TransBunbury (Public Transport Authority) – Australind (Includes Treendale and Kingston Residential Estates) (R000008f). ................................................................................ 59 4. Harvey Sporting Clays Association Inc. – Lease Renewal – Harvey Sporting Clays Association Inc. – Portion of Recreation Reserve 22672 (CZ012, A002464). .................................................................................................................. 62 5. Application for Exemption to Keep More Than The Prescribed Number of Dogs – Ms. Christine Steere – 31 Burleigh Drive Australind (A008971). .................... 64 6. Application for Exemption to Keep More Than The Prescribed Number of Dogs – Ms. Rabia Butt – 10 Citrine Street, Australind (A015119). .............................. 67 7. Community Sporting and Recreation Facilities Fund – Small Grant Applications – Harvey Football Club Inc. and Shire of Harvey – Harvey Recreation Ground and Leschenault Recreation Park (F000209)............................... 69 8. Proposal to Participate in a Regional Early Years Strategy – City of Bunbury – Bunbury Geographe Region. ...................................................................................... 73 9. Removal of Restrictive Covenant, Lot 219 Braidwood Drive, Kingston – Australian Vanguard/Shire of Harvey – Lot 219 Braidwood Drive, Kingston (A15497). ................................................................................................................... 75 10. Meetings for Coming Months – Shire of Harvey (CCC001). ....................................... 77 - Page 3 -
ORDINARY COUNCIL MINUTES 27th March 2018 M. ELECTED MEMBERS MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN ................................................................................................................................... 77 N. NOTICE OF MOTION FOR FOLLOWING MEETING ............................................................ 77 O. QUESTIONS BY MEMBERS OF WHICH DUE NOTICE HAS BEEN GIVEN ........................ 77 P. REPORTS OF MEMBERS .................................................................................................... 77 Q. ORDERS OF THE DAY ......................................................................................................... 79 1. Section 70A – Lot 640 on Plan 44762 – Brian William Griffin and Lee Ann Griffin, 74A Parkin Street, Rockingham – Bushfire prone area. .................................. 79 2. Contract – Shire of Harvey and MCG Architects Pty Ltd – Architectural Services – Brunswick River Cottages Stages 2 and 3. ............................................... 79 R. NEW BUSINESS OF AN URGENT NATURE INTRODUCED BY DECISION OF MEETING .............................................................................................................................. 79 S. MATTERS BEHIND CLOSED DOORS ................................................................................. 79 T. CLOSURE OF MEETING ..................................................................................................... 82 - Page 4 -
ORDINARY COUNCIL MINUTES 27th March 2018 Page 5 SHIRE OF HARVEY COUNCIL MINUTES MINUTES OF THE ORDINARY MEETING OF THE HARVEY SHIRE COUNCIL, HELD IN THE COUNCIL CHAMBER, YOUNG STREET, HARVEY, ON TUESDAY, 27TH MARCH 2018, COMMENCING AT 4.00P.M. ATTENDANCE Shire President Cr. T.G. Jackson Deputy Shire President Cr. P.J. Beech Cr. B. Adams Cr. M. Boylan Cr. M. Campbell Cr. C. Carbone Cr. W. Dickinson 4.00p.m. – 5.20p.m. 5.29p.m. – 6.30p.m. Cr. P. Gillett 4.00p.m. – 5.08p.m. 5.10p.m. – 6.30p.m. Cr. A. Lovitt Cr. P. Monagle Cr. A.J Shortland Cr. D. Simpson STAFF Chief Executive Officer Mr. M. Parker Executive Manager Corporate Services Mr. S. Collie Executive Manager Technical Services Mr. R. Lotznicker Manager Planning Services Mr. S. Hall Manager Community & Economic Development Mr. P. Quinlivan 4.00p.m. – 6.20p.m. Senior Environmental Health Officer Mr. H. Jones 4.00p.m. – 6.20p.m. GALLERY Mr. T. Hiscock 4.00p.m. – 6.20p.m. Mr. J. Murray 4.00p.m. – 5.29p.m. Mr. I. Craig 4.00p.m. – 5.29p.m. Mr. R. Jackson 4.00p.m. – 4.50p.m. Mr. B. Hathway 4.00p.m. – 4.50p.m. Ms. M. Hardwick 4.00p.m. – 4.50p.m. Mr. S. Pywell 4.00p.m. – 4.50p.m. Mr. C. Wyrewenaden 4.00p.m. – 4.50p.m. Mr. S. Epiro 4.00p.m. – 4.50p.m. SIGNED DATED 24th April 2018.
ORDINARY COUNCIL MINUTES 27th March 2018 Page 6 A. OFFICIAL OPENING The Shire President opened the meeting at 4.00p.m. B. RECORD OF ATTENDANCE/APOLOGIES/LEAVE OF ABSENCE Apology: Cr. F. Burgoyne C. APPLICATIONS FOR LEAVE OF ABSENCE Nil. D. READING FROM A BOOK OF LEARNING AND WISDOM Read by Cr. Adams E. DECLARATIONS OF MEMBERS’ AND OFFICERS’ PERSONAL INTEREST • Impartiality Interest Cr. Dickinson declared a impartiality interest in Technical Services Item 3 – Request for Financial Contribution towards a Safety Barrier (Pedestrian Fencing) – St Nicholas Church – St Nicholas Church Parish, on behalf of the Bunbury Diocesan Trustees – Lot 324 (No. 9) Paris Road, Australind (A007125). Reason Cr. Dickinson advised that she is a member of St Nicholas Church and declared she would leave the Chamber for the duration of the item. Cr. Dickinson declared a impartiality interest in Corporate Services Item 4 – Harvey Sporting Clays Association Inc. – Lease Renewal – Harvey Sporting Clays Association Inc. – Portion of Recreation Reserve 22672 (CZ012, A002464). Reason Cr. Dickinson advised that family members own a gun club site in the Shire of Harvey at Roelands. Cr. Dickinson declared she would deal with the matter on its merits. Cr. Carbone declared an impartiality interest in Item 8.1.2 Proposed Pet Food Processing Facility – Conveniently Raw – Lot 179 Thompson/Eckersley Road, Cookernup (A000160). Reason Cr. Carbone advised that one of the Proponents is a first cousin of his wife. Cr. Carbone advised that he will deal with the matter on its merits. SIGNED DATED 24th April 2018.
ORDINARY COUNCIL MINUTES 27th March 2018 Page 7 • Financial Interest Cr. Gillett declared a financial interest in Development Services Item 8.1.3 – Caretaker’s Dwelling (Heritage Building Site) – Plunkett Homes on behalf of Mr. J. and Mrs. M. Clifton – Lot 5 (No. 484) Clifton Road, Brunswick Junction (A004823). Reason Cr. Gillett advised he resides at the property the subject of the Item. Cr. Gillett declared he would leave the Chamber for the duration of the item. F. RESPONSE TO PREVIOUS QUESTIONS TAKEN ON NOTICE Nil. G. PUBLIC QUESTION TIME PLANING ITEM 8.2.1 – STALLHOLDER PERMIT RENEWAL – MRS. D. HISCOCK – THE BIG COFFEE VAN/THE SMALL COFFEE VAN – LOT 31 OLD COAST ROAD, AUSTRALIND (HSI016 (8)). Questions – Mr. Tony Hiscock asked the following questions to the Council: “1. Why weren’t the same conditions applied to the permit for Full of Beanz? 2. What was the driver/s for differences in the conditions being applied to our permit? 3. What are the likely actions of any intervention of the Principal Building Surveyor? 4. How will the Shire ensure that any intervention by him is not biased and provides an equitable outcome that both vendors are happy with? 5. As a business, what are our rights of appealing any decision of the principal building surveyor? 6. Why now, after 7 years of no concerns being raised about signage placement or graphics by the Principal Building Surveyor or staff?” Answer – The Shire President responded advising that the Development Services Committee made an addition to a single condition that is reflected in the original condition, being that compliance with the Signs and Advertising Devices Local Law (original condition) be to the satisfaction of the Principal Building Surveyor. This was the only condition that was amended and has the same effect as the original condition. Given the number of questions and detail requested, the Shire President advised the questions would be taken on notice and a response provided in due course. Question – Mr Richard Jackson asked if the Corporate Services Committee minutes will be dealt by Council with reference to item 8.9 in those minutes. Answer – The Shire President responded yes. SIGNED DATED 24th April 2018.
ORDINARY COUNCIL MINUTES 27th March 2018 Page 8 H. PETITIONS/DEPUTATIONS/PRESENTATIONS PLANING ITEM 8.2.1 – STALLHOLDER PERMIT RENEWAL – MRS. D. HISCOCK – THE BIG COFFEE VAN/THE SMALL COFFEE VAN – LOT 31 OLD COAST ROAD, AUSTRALIND (HSI016 (8)). Mr. Tony Hiscock addressed Council in relation to the above mentioned Item urging Councillors to ensure that there is a level playing field for Traders, indicating that he does not want a sign dispute and that he is seeking an equitable solution to issues regarding signage of Traders. He indicated he would rather the Shire not be involved and prefers if the Traders can sort things out themselves. CORPORATE SERVICES ITEM 8.9 – RESPONSE TO ELECTORS PETITION – LOTS 1 AND 2 LUCY VICTORIA AVENUE, CLIFTON PARK – VARIOUS – CLIFTON PARK (A003525) Mr. Richard Jackson addressed Council along similar lines to his presentation at the Corporate Services Committee earlier in the day in relation to Corporate Service Committee Item 8.9. In addition to the points raised by Mr. Jackson at the Corporate Services Committee, Mr Jackson made the following points: • Queried the section of the report which stated that few development designs had been supported previously, indicating that no designs had previously been supported; • Raised the issue of the precedent of the purchase of land adjoining the Brunswick River for conservation purposes; • Believed that the comments relating to the previous proposed development could enhance amenity is misleading; • Indicated that high traffic volumes would only further increase if these properties were developed; • Stated that land purchase fund had been set up for land purchase and therefore it should be used; • Stated that the Reserve fund set aside for land purchase is for Heritage, Development and Community Purposes and not for Roads or Conservation; and • Questioned the requirement for an Absolute Majority decision if the purchase was proceeded with. Chief Executive Officer Mr Michael Parker responded advising that any expenditure not contained in Council’s budget requires an Absolute Majority of Council, that the issue of Amenity as stated in the Council report was put forward in the context as an alternative view, not necessarily as an a preferred or recommended position, and advised that the purpose of the Land Acquisition Reserve Account is broad and development or community purpose could include a number of different initiatives. Mr. Parker explained that the structure of the Officer’s Report highlighted background information and relevant areas for Council’s consideration. I. ANNOUNCEMENTS BY PRESIDING MEMBER OR CEO WITHOUT DISCUSSION Nil. SIGNED DATED 24th April 2018.
ORDINARY COUNCIL MINUTES 27th March 2018 Page 9 J. CONFIRMATION OF MINUTES ORDINARY COUNCIL MEETING – Tuesday, 6th March 2018. Recommendation That the Minutes of the Council Meeting held on Tuesday, 6th March 2018, as printed be confirmed as a true and correct record. 18/064. Carbone/Boylan “That the Minutes of the Council Meeting held on Tuesday, 6th March 2018, as printed be confirmed as a true and correct record.” CARRIED 12-0 Change in Order of Business 18/065. Adams/Carbone “That the Agenda be taken out of order to consider Corporate Services Committee Minutes and Planning Items 8.1.1 and 8.1.2, Health Item 8.2.1 as contained within the Development Services Committee Minutes within the Ordinary Council Agenda.” CARRIED 12-0 Corporate Services Committee 27th March 2018. MINUTES Item No. 8.9 Subject: Response to Electors Petition – Lots 1 and 2 Lucy Victoria Avenue, Clifton Park Proponent: Various Location: Clifton Park Reporting Officer: Chief Executive Officer/Manager Planning Services File No.: A003525 Attachment Reg.17/39000 and 18/00014 Summary At the Council Meeting held 12th December 2017, a petition was delivered to the Shire President from landowners within Clifton Park requesting Council to consider the purchase of Lots 5 and 6 (correct Lot description is Lots 1 and 2) Lucy Victoria Avenue, to be held for Conservation and Recreation purposes. A copy of that petition is contained within Attachment 1. Further signatures to that petition were received by Council on 3rd January 2018, refer Attachment 2. Staff acknowledge the prominence of the site and the views of the Clifton Park community recently expressed within the petition and in response to previous development proposals for the site. The acquisition of individual land parcels has not been identified within the Shire’s forward planning documents. Given this, it is recommended that the purchase of land should not be made in an ad hoc manner and should consider if other potentially significant or strategic land parcels exist elsewhere within the Shire that may have greater community benefit. SIGNED DATED 24th April 2018.
ORDINARY COUNCIL MINUTES 27th March 2018 Page 10 In light of the above, it is recommended that Council not purchase Lots 1 and 2. Background As evidenced by Attachments 1 and 2, the Shire President, at the Council Meeting held 12th December 2017, was presented with the a petition seeking the purchase of these lots. The petition was accompanied with the following introductory/supporting comments: • “The residents would like to thank the Council and its Officers for their efforts so far to preserve the amenity of Clifton Park. • An opportunity has arisen which could resolve the issue permanently. • The Community request the President instruct the Shire of Harvey to consider the purchase of Lot5 (D0838471) and Lot 6 (D0838472), the land for sale at the bottom of Lucy Victoria Avenue. • The purchase of this land is proposed for the benefit of all the Harvey Community and to protect the ecological value for the conservation and recreational use of the community. • As was done in 1993 when Lot 131 was purchased by the government and gazetted as a "A Class:reserve" this land is proposed to be added to the existing reserve. • We note that the document does not meet the exacting requirements of the Council's Standing Orders but does convey a clear message from the community to its elected members. • We would be grateful for an update on the Shire's action at the next Council Meeting on 23rd January 2018. • Information can be addressed to Richard Jackson 15, Harding Way, Clifton Park/PO Box 7213 Eaton or by email to rjackson@apecconsultants.com.au” The original petition included 478 signatures of which 398 are on the Shire’s Electoral Roll. 80 signatures were received from persons not on the Shire’s Electoral Roll. A further 25 signatures were included on the second petition received. Lots 1 and 2 Lucy Victoria Avenue, Clifton Park are located on the corner of Old Coast Road approximately 3km south west of the Australind Post Office (refer Attachment 3). Lots 1 and 2 are approximately 3,499m2 and 3,299m2 in area respectively. Both lots are currently undeveloped and are directly adjacent to the recently established Leschenault Regional Park. An Extract of the LRP Plan is contained within Attachment 4. At its meeting held 10th August 2010, Council resolved not to support the rezoning of these lots from ‘Residential R2.5’ to ‘Residential R30’ (Amendment No. 82 to District Planning Scheme No. 1) due to unacceptable environmental impact and inconsistency with the amenity of the area. Notwithstanding, this resolution, the lots were approved by the West Australian Planning Commission (WAPC) for rezoning to ‘Residential R30’ and the Amendment was gazetted on 25th September 2012. Various proposals to develop these lots have been submitted to Council and advertised for public comment. Few of the design options have been supported by the community, however at its meeting held 25th August 2015 Council resolved to endorse (subject to conditions) a Structure Plan for 14 units. A copy of the Endorsed Structure Plan is contained within Attachment 5. SIGNED DATED 24th April 2018.
ORDINARY COUNCIL MINUTES 27th March 2018 Page 11 In July 2017, the Leschenault Regional Park (LRP) was established and omitted to include Lots 1 and 2. In 1993, adjoining Lot 131, Lucy Victoria Avenue was purchased by the State Government to avoid it being developed for residential purposes. This land is presently Reserved for Recreation and included within the recently established LRP. Comment The petition received raises a number of issues that require consideration. Environmental issues Previous reports to Council (associated with the consideration of development proposals) have identified that the Lots have environmental attributes. The Lots contain similar environmental attributes to adjoining Lot 131 which is contained within the LRP for “Conservation and Protection” purposes. The reason why this land is not included within the LRP is unknown to Staff. Being held in private ownership is not considered sufficient reasoning given other privately owned parcels are contained within the LRP. The environmental significance of this site compared to other land elsewhere within the Shire needs to be given consideration. It is acknowledged that the Shire has previously purchased land adjacent to the Brunswick River in Australind, however to spend further ratepayers money on acquiring private property for environmental reasons should to be assessed against other environmentally significant lots and balanced against other community interests/expectations. Planning issues The land is zoned residential with a density code of R30. It has been specifically excluded from the Regional Open Space designation and from inclusion in the Leschenault Regional Park. Aside from the recognised development potential of the site there are a number of other matters which should be considered under the broader planning issues: Amenity: Residents within Clifton Park have previously expressed concern over the scale of development proposed and the potentially detrimental visual impact will have as an entry to the Shire. However, an alternative view could be that the property does have the right to be developed for residential purposes and there is every chance that the eventual development may improve the amenity of the area. Services: Should residential development occur it would require connection to services including sewer. The extension of the sewer line to this site would assist the viability of other unsewered sites in the area connecting to the system, particularly other commercial sites. Traffic issues: Development of the site would generate additional traffic, however, the road network has been designed to accommodate likely increases in traffic movements in the area. SIGNED DATED 24th April 2018.
ORDINARY COUNCIL MINUTES 27th March 2018 Page 12 Strategic Implications As evidenced above, it is not recommended that these lots be purchased on an ad hoc basis or without being balanced against other community interests/expectations. Simply put, is the proposed purchase considered significantly strategic to pursue given other land that may be more important to acquire in terms of either heritage, development or community purposes? This potentially includes further sites for waste management, civic purposes, depot development, road rationalisation, conservation (possible environmental offsets) or community/recreation purposes. Financial considerations The suggested purchase is not budgeted or identified within any of the Shire’s forward planning documents, nor is the purchase of any other individual parcel of land. At present Lots 1 and 2 are privately owned and acquiring them would take these properties out of the Shire’s rate base. Furthermore, the Shire’s relevant Reserve Account will have calls on it in future to accommodate various projects, including for road infrastructure and conservation offsets. Staff have made enquiries into the potential purchase price of the Lots and have been informed that no ‘asking price’ exists and the owners are seeking “Expressions of Interest”. An indicative value of between $500,000 and $1 million was suggested by the selling agent. Precedent Should the land be purchased Staff are concerned that an undesirable precedent may be established in regard to: • The State Government previously acquired adjacent land and reserved it as Regional Open Space. Should sufficient weight be given to the proposal outlined in the petition, then serious consideration should be given to the State pursuing the acquisition of the land, however given the land has previously been excluded from inclusion into the Leschenault Regional Park and the current State finances, the potential for the State to purchase this site is questionable; • The Shire has previously acquired land adjacent to river foreshore; and • There are other sites of potential environmental/conservation significance that may have greater strategic importance in the environmental management of the Shire. Conclusion Given the number of issues, it is not considered appropriate governance for an ad hoc decision to be made in isolation. There is already a significant amount of land previously included in the Lot 131 Reserve, which includes the most environmentally fragile and sensitive areas. Statutory/Policy Environment Shire of Harvey District Planning Scheme No.1 Lots 1 and 2 Lucy Victoria Avenue are zoned “Residential” with an assigned density coding of R30 under the Shire of Harvey District Planning Scheme No 1. SIGNED DATED 24th April 2018.
ORDINARY COUNCIL MINUTES 27th March 2018 Page 13 Adjoining Lot 131, Lucy Victoria Avenue is Reserved for Recreation and included within the recently established Leschenault Regional Park. Shire of Harvey Policies Shire of Harvey Policy 1.1.6 “Council Committees” outlines the role of Council’s main Committees. The Policy identifies that the Corporate Services Committee deals with issues regarding Governance, Finance, Audit and Administration including surveillance on Council’s finances and specifically, “property transactions – purchase and disposal”. Local Government Act 1995 Section 3.59 of the Local Government Act 1995 (LGA) deals with Commercial enterprises by local government including major land transactions, which require a business case to be prepared and a prescribed advertising process. Regulations 8A and 8 of the Local Government (Functions and General) Regulations 1996 outline exemptions to the major land transactions requirements of Section 3.59 of the LGA. Specifically the value of the land in question (Regulation 8A) is considered to be below the exemption threshold for this local government (major regional centre), of $10million or 10% of the operating expenditure incurred from the previous year (i.e. - $3.1M), whichever is lesser. Furthermore, Regulation 8 would also provide an exemption if the proposed purpose was not to produce a profit or that the land was not to be on sold for the exclusive use of another. Section 6.8 (1)(b) of the LGA outlines that a local government is not to incur expenditure from its Municipal Fund for an additional purpose (i.e. – where no expenditure estimate is included in the Annual Budget) except where the expenditure is authorised in advance by the local government by an Absolute Majority. Section 5.23 (2)(c) of the LGA allows a Council or Committee meeting or a part of a meeting to be closed to the public if the meeting deals with “a contract entered into, or which may be entered into, by the local government and which relates to a matter to be discussed at the meeting”. Strategic Framework Within the Shire’s Strategic Community Plan 2017 – 2027, Strategies 1.1.6 and 1.2.7 state: 1.1.6 Continue to investigate opportunities for the provision of land for community, commercial and industrial development. 1.2.7 Encourage developers and relevant authorities to develop and implement foreshore management plans. Budget Implications The proposed lots are currently jointly rated (as one holding) with a Gross Rental Value of $18,600. The current rates total $1,585.96. A Structure Plan over the two lots has been previously approved for the creation of 14 strata lots. If this development was to occur, rate revenue would increase considerably. Purchase of the subject land would remove it from the Shire’s rate base. SIGNED DATED 24th April 2018.
ORDINARY COUNCIL MINUTES 27th March 2018 Page 14 The Shire has a Land Acquisition Reserve Account, the purpose of which is “Acquisition of land for either heritage, development or community purposes”. This account currently has a balance of $924,103 however, no allocation from the account is provided for in the current Budget. Risk Management The Risk Theme Profile identified as part of this report is Providing Inaccurate Advice/information. The Consequence could be Financial or Reputational if land is acquired by Shire of Harvey ratepayers without consideration to all strategic implications raised within this report. The risk is mitigated by adopting the Officer’s Recommendation, resulting in LOW risk being present. Officer’s Recommendation That Council: 1. Receives the Petition and supplementary signatures seeking the purchase of Lots 1 and 2 Lucy Victoria Avenue, Clifton Park for the purpose of Conservation and Recreation; and 2. Declines to pursue the purchase Lots 1 and 2 Lucy Victoria Avenue, Clifton Park for the purpose of Conservation and Recreation for the reasons stated in the report. NEW MOTION Adams/Gillett “That Council: 1. Receives the Petition and supplementary signatures seeking the purchase of Lots 1 and 2 Lucy Victoria Avenue, Clifton Park for the purpose of Conservation and Recreation; and 2. Agrees to pursue the purchase Lots 1 and 2 Lucy Victoria Avenue, Clifton Park for the purpose of Conservation and Recreation for the reasons stated in the report.” LOST 3-9 Corporate Services Committee 27th March 2018. MINUTES 18/066. Beech/Carbone “That the Minutes of the Corporate Services Committee, held on Tuesday, 27th March 2018, as printed, be received and the recommendations contained therein be adopted by Council.” CARRIED 11-2 SIGNED DATED 24th April 2018.
ORDINARY COUNCIL MINUTES 27th March 2018 Page 15 Development Services Committee 20th March 2018. MINUTES Item No. 8.1.1 Subject: Redevelopment of the Wokalup Tavern and Proposed Brewery Proponent: Hopbroker Pty Ltd Location: Lots 65, 66 and 67 (11538) South Western Highway, Wokalup Reporting Officer: Planning Officer (RD) File No.: A002050 Attachment Reg. 18/01061 Summary An Application for Development Approval has been received for the proposed redevelopment of the Wokalup Tavern on Lots 65, 66 and 67 (No. 11538) South Western Highway, Wokalup (refer Attachment 1). The application proposes the following uses: • Tavern; • Brewery; • Licensed Restaurant; • a Drive Thru Bottle Shop; and • Liquor Store. The application is referred to Council as “Brewery” is a “Use Not Listed” under the Shire’s District Planning Scheme No. 1 (the Scheme). It is considered by Staff that the proposed use may be consistent with the objectives and purpose of the zone and it is therefore recommended that Council advertise the proposal and receives a further report following the closure of advertising. Background Site Description Lots 65, 66 and 67 (No. 11538) South Western Highway, Wokalup (the site) are zoned “Special Use: Hotel” under the Scheme. The site is of regular shape with a total area of 4,484m2 (refer Attachment 2). The Tavern is located on Lots 66 and 67, and Lot 65 is used for car parking. The site has been the historical location of the Wokalup Tavern. Access is achieved via South Western Highway with vehicle access also being available via Station Street to the south and Hocart Road to the west. Site History Previous approvals which have relevance to the current proposal were granted by Council in 2006 and 2016. Car Parking At its meeting on 27th June 2006, Council granted Development Approval for a verandah and extending the outdoor drinking area (beer garden). At the time, the Council report acknowledged that there was a requirement for 145 car parking bays. Staff acknowledged at the time that the car parking rates contained within the Scheme were excessive and recommended a reduced rate consistent with adjoining Shires. In response, Council resolved under Clause 4.4 of the Scheme to impose a condition for 40 car parking bays only. The bays were not required to be sealed. SIGNED DATED 24th April 2018.
ORDINARY COUNCIL MINUTES 27th March 2018 Page 16 On 15th November 2006, Council granted Development Approval for a Bottle Shop by converting 81m2 from the “Tavern” to a “Liquor Store”. The car parking requirement was reduced from 145 to 123 bays. Notwithstanding, Council resolved to maintain the need for 40 car parking bays to be provided onsite. At its meeting on 8th November 2016, Council granted Development Approval for the Bottle Shop (Liquor Store) to relocate from the front of the Tavern to a proposed Colorbond structure at the rear of the Tavern. The relocation of the Bottle Shop to the rear of the Tavern was to allow the existing Bottle Shop to be converted into an Art Gallery/Museum. The previous landowner did not proceed with that approval. As evidenced above, Council has previously supported a reduced car parking rate and further granted concessions as to the total number and standard of parking required for the site. At present all previously approved development requires a minimum of 40 unsealed car parking bays to be provided onsite. Site Amalgamation The Wokalup Tavern has been developed over three (3) different lots. All previous Approvals have included a condition requiring Lots 65, 66 and 67 to be amalgamated. Proposal The Applicant proposes to redevelop the existing Wokalup Tavern which would include the following works: • refurbishment of the ten (10) upstairs accommodation rooms; • a Brewery which includes a beer hall catering for 64 seats (approximately 120m2); • verandah area (approximately 85m2) and upstairs deck (approximately 67m2) to the rear; • relocating the Liquor Store to the northern end (replacing the playground facilities) and include a Drive Thru Bottle Shop providing a six (6) bay queuing area; • the existing Liquor Store would be converted back into a Restaurant, dining and lounge room; • an additional vehicle access point onto Hocart Road; and • 51 car parking bays to be constructed and sealed with asphalt (refer Attachment 1). As part of the application, the Applicant has agreed to amalgamate the lots as a condition of Approval. Comment Proposal and Land Use Permissibility The site is zoned “Special Use: Hotel”. In accordance with the Scheme, the permissibility of the proposed uses is as follows: Land Use Permissibility Tavern Permitted (P) Licensed Restaurant Permitted (P) Liquor Store Incidental (IP) Brewery Use Not Listed. The proposed use “Brewery” is not listed in any of the zoning tables in the Scheme and is therefore considered to be a “Use Not Listed”. SIGNED DATED 24th April 2018.
ORDINARY COUNCIL MINUTES 27th March 2018 Page 17 Clause 4.2.4(b) makes provision for a “Use Not Listed” to be considered and provides that Council can “determine by absolute majority that the proposed use may be consistent with the objectives and purpose of the zone”. The Policy Statement contained within Tables 35 and 36 (“Special Use: Hotel”) of the Scheme identifies these sites as being a commercial use specifically for hotel and tourist land uses. A Brewery is defined under the Scheme as: “means breweries, cideries and distilleries licensed as a producer under the Liquor Control Act 1988 and may be used to sell liquor produced on-site for consumption on the premises.” The site has existing approvals for a “Liquor Store” (with a Drive Thru Bottle Shop) and “Hotel” for 10 rooms. The proposed additional land use for a “Brewery” is considered complementary to the existing approved land uses and consistent with the objectives and purpose of the “Special Use: Hotel” zone. It is therefore appropriate for Council to determine the additional land use as a “Brewery” and for it to be considered in the “Special Use: Hotel” zone. Advertising Pursuant to Clause 4.2.4 of the Scheme, if Council determines that the proposed “Brewery” is a “Use Not Listed” that may be consistent with the objectives and purpose of the zone, the application will need to be advertised in accordance Section 64(3)(a) of the Planning and Development (Local Planning Schemes) Regulations 2015 (Regulations). Setbacks The Scheme stipulates a front setback of 20m, a 15m rear setback and a 10m side setback per side storey for development in the “Special Use: Hotel” zone. The application complies with the front and rear setback requirements but seeks a variation under Clause 4.4.1 of the Scheme for the additional upper deck and verandah area to be setback 6.6m from Station Street. Should the application be determined as a Use Not Listed, it will require advertising to nearby landowners. It is considered that the proposed setback variation could be supported given that: • the original building has a nil setback; and • the upper deck of the proposed development will be 26.6m setback from the nearest residential building on the south side of Station Street Provided that no objections are received during advertising, it is recommended that the requested setback variation be supported. Car Parking requirements The proposed development will generate the need for additional car parking. The Applicant has proposed to construct 51 car parking bays onsite, six (6) car parking bays (queuing area in the Drive Thru Bottle Shop) and an additional five (5) car parking bays exiting off Station Street (total 62 bays). The Applicant has suggested that the car parking ratios in the Scheme are far too onerous and outdated in comparison to other Councils. The Applicant has requested that the car parking ratios determined by the Shire of Augusta – Margaret River Car-Parking Strategy 2014 (CPS) is a more accurate reflection of the car parking requirements for the proposed land uses. SIGNED DATED 24th April 2018.
ORDINARY COUNCIL MINUTES 27th March 2018 Page 18 As part of the Applicant’s floor area calculation, the Applicant also provided an additional floor plan (refer Attachment 3) that further refined the areas to be used as part of their car parking calculation. The plan assumes that 30% of these areas would be used by patrons. The remaining 70% would be used to accommodate live music, recreation, walkways and landscaping, and therefore should not be used in the overall car parking calculation. Based on the above, the Applicant has provided the following car parking calculations for consideration: Land Use Requirement No. of rooms/area No. of bays Liquor Store 1 bay per 25m2 GLA1 145m2 GLA 6 Tavern 1 bay per 6m2 NLA2 100m2 NLA 16 Licensed 1 bay per 6m2 NLA or 6 150m2 25 Restaurant patrons seats Motel 1 per room 10 10 1 GLA means Gross Lettable Area which Total 57 includes utility and storage areas. 2 NLA means Net Lettable Area which excludes any storage, stairs, utility areas and public thorough fares. Provided 51 + 6 queuing area Discussion Notwithstanding the Applicant’s justification, it is recommended that the car parking rates and the consideration of concessions that Council has previously applied to this site be the basis of any assessment. To this effect the following calculation rates are recommended: Existing Development Land Use Requirement No. of rooms / area / seats No. of bays Existing Hotel 1 bay per room 10 10 Liquor Store 1 bay per 15m2 81m2 5 Tavern 1 bay per 12.5m2 330m2 26 Total 41 Proposed Development The application proposes an additional 312m2 of floor area, excluding the Brewery, and any toilet, kitchen, storage, bar counters or outdoor areas (grassed areas). The additional areas would require the following car parking requirements: Land Use Requirement No. of rooms / area / seats No. of bays Additional Tavern (new areas) 1 bay per 12.5m2 117m2 9 Licensed Restaurant 1 bay per 4 seats 84 seats 21 1 bay per 12.5m2 133m2 11 Brewery (Hotel zone 1 bay per room plus N/A 0 in general) 1 per 3m2 bar area Additional Required 41 Existing Required 41 Total Required 82 Proposed 62 Shortfall 20 SIGNED DATED 24th April 2018.
ORDINARY COUNCIL MINUTES 27th March 2018 Page 19 In light of the above, the application would therefore be required to provide 82 car parking bays onsite and has a shortfall of 20 car parking bays. Council is able to apply further discretion to the development via Clause 4.4.1 to waive the car parking shortfall in favour of supporting the development. Whilst it is possible to construct an additional 20 car parking bays within the road reserve, it is not considered appropriate as it could impact on the Shire’s drainage network. On this basis, it is recommended that Council support a minimum requirement of 56 car parking bays onsite and six (6) queue bays (in the Drive Thru Bottle Shop), and thereby waiving the 20 bay shortfall. Internal Accessway and Car Parking Construction Standards The Applicant has proposed to seal all car parking bays and accessways. An additional accessway has been proposed from Hocart Road. If approved, a condition is required for all internal roads and access ways to be drained, kerbed and sealed to the satisfaction of the Executive Manager of Technical Services. Landscaping The Scheme stipulates a requirement that 10% of the site shall be landscaped. Should the application be approved, it is recommended that a condition is imposed requiring a landscaping plan to be prepared and implemented. Staff consider however, that the proposed outdoors seating areas (lawned and paved or decked) will be adequate. Heritage Considerations The Wokalup Tavern is listed on Council’s Municipal Heritage Inventory as a Management Category 3 (refer Attachment 4). The Inventory states that any additions should reinforce the significance of the place, and original fabric should be retained wherever feasible. The Applicant is proposing to significantly upgrade the overall façade and appearance to the overall site without compromising the integrity of the original building. The façade will appear more contemporary, but respectful to the original design of the hotel. Furthermore, the redevelopment of the site would see the Hotel rooms, Dining, Restaurant and Lounge areas being restored to their original state prior to their conversion to a Liquor Store in 2006. On this basis, should the application be approved, it is recommended that a condition is imposed requiring the Applicant to provide an Archival Record prepared by a suitably qualified Heritage consultant, prior to the completion of any works on the site. Amalgamation At present the Wokalup Tavern traverses three (3) lots. Amalgamation to one (1) lot has been a condition of previous Approvals that has not been complied with. This has been discussed with, and supported by, the current landowners. Should the application be approved, it is recommended that a condition be imposed requiring the lots be amalgamated. Managing Waste Water and Effluent The site is known to have a high water table and heavy clay based soils. Staff have raised concerns with the Applicant that the soil conditions and ability to discharge effluent may constrain the site’s development potential. As part of this application, the Applicant has proposed to upgrade the existing effluent disposal system (septic tanks and leach drains) to an Aerobic Treatment Unit (ATU) which includes flat-bed leach drains in an amended soil profile. SIGNED DATED 24th April 2018.
ORDINARY COUNCIL MINUTES 27th March 2018 Page 20 The Shire’s Environmental Health Staff have reviewed the proposal and consider that the volume and area allocated to the total waste water facilities should be adequate. However, it would require approval from the Department of Health of Western Australia (DoH). As part of this application assessment process, the proposal will be forwarded onto the DoH for comment. Statutory/Policy Environment Planning and Development Act 2005 Planning and Development (Local Planning Schemes) Regulations 2015 • Schedule 2 – Deemed Provisions, Section 64 – Advertising Applications: “(1) An application for development approval must be advertised under this clause if the proposed development —“ “(b) relates to a use if — (i) the use is not specifically referred to in the zoning table for this Scheme in respect of the zone in which the development is located; and (ii) the local government determines that the use may be consistent with the objective of that zone and that notice of the application should be given;” “(3) The local government may advertise, or require the applicant to advertise, an application for development approval in one or more of the following ways — (a) by giving notice of the proposed use or development to owners and occupiers of properties in the vicinity of the development who, in the opinion of the local government, are likely to be affected by the granting of development approval, including a statement that submissions may be made to the local government by a specified day being a day not less than 14 days from the day on which the notice is given to the person;” Shire of Harvey District Planning Scheme No.1 The following are portions of the Scheme that are relevant to this application: • Clause 4.2.4 – Zoning and Development Tables “If the use of land for a particular purpose is not specifically mentioned in the Zoning Table and cannot reasonably be determined as falling within the interpretation of one of the land use categories the Council may:-“ “(b) determine by absolute majority that the proposed use may be consistent with the objectives and purpose of the zone and thereafter follow the advertising procedures of Clause 64 of the Deemed Provisions in considering an application consent. In approving such an application the Council may apply any conditions or development standards it deems necessary.” SIGNED DATED 24th April 2018.
ORDINARY COUNCIL MINUTES 27th March 2018 Page 21 • Clause 4.4.1 – Discretion to Modify Development Standards • Tables 35 and 36 – Zoning and Development Standards (Special Use: Hotel) “Policy Statement: Hotels and taverns are basically commercial uses. Because of specific traffic and other nuisances associated with liquor outlets, specific zoning has been applied to maximise community involvement in their location.” Shire of Harvey Policies • 4.1.13 Local Planning Policy for Heritage Places The Shire’s Local Planning Policy for Heritage Places (adopted 27th October 2017) – sets out the local heritage and planning framework for heritage places. The LPP also outlines the methodology for the assessment of heritage places, the Management Category that should be applied based on that assessment and, the limitations and development restrictions related thereto. Strategic Framework Within the Shire’s Strategic Community Plan 2017 - 2027, Strategy 2.3.1 states: “Continue to implement integrated environmental, social and land use planning which will: • minimise land use conflict.” Budget Implications Nil. Risk Management The Risk Theme Profile identified as part of this report is Providing Inaccurate Advice/Information. The Consequence could be Environmental, Financial, Reputational or Compliance if incorrect advice is given or a condition missed. The Risk is mitigated by the report being thoroughly researched, peer reviewed and provided by a qualified Council officer, resulting in LOW Risk being present. Officer’s Recommendation That Council: 1. Pursuant to Clause 4.2.4(b) of the Shire of Harvey’s District Planning Scheme No. 1, determine that the proposed “Use Not Listed” detailed in the Application for Development Approval for Lots 65, 66 and 67 (No. 11538) South Western Highway, Wokalup can be considered as a “Brewery” which may be consistent with objectives and purposes of the “Special Use: Hotel” zone; 2. Pursuant to Clause 4.2.4(b) of the Shire of Harvey’s District Planning Scheme No. 1, the Application for Development Application for a “Use Not Listed” detailed in the Application for Development Approval for Lots 65, 66 and 67 (No. 11538) South Western Highway, Wokalup be advertised for public comment and referred to the relevant State Government Departments for a minimum of 14 days in accordance with Section 64(3)(a) of the Planning and Development (Local Planning Schemes) Regulations 2015; and SIGNED DATED 24th April 2018.
ORDINARY COUNCIL MINUTES 27th March 2018 Page 22 3. Receives a further report on the determination of the application following the conclusion of the advertising period. 18/067. Carbone/Beech “That the Officer’s Recommendation be adopted.” CARRIED BY ABSOLUTE MAJORITY 12-0 Item No. 8.1.2 Subject: Proposed Pet Food Processing Facility Proponent: Conveniently Raw Location: Lot 179 Thompson/Eckersley Road, Cookernup Reporting Officer: Planning Officer (ND) File No.: A000160 Attachment Reg. 17/34561 Summary An Application for Development Approval has been received for a Pet Food Processing Facility on Lot 179 Thompson/Eckersley Road (refer Attachment 1). The application is referred to Council as Staff do not have delegation to determine the application as objections have been received from nearby landowners on a range of concerns. Staff recommends the application be approved subject to conditions. Background Site Description Lot 179 Thompson/Eckersley Road is zoned “Intensive Farming” under the Shire’s District Planning Scheme No. 1 (the Scheme) and is located approximately 3kms south west of the Cookernup townsite. Lot 179 is of a triangular shape with an area of 35.8ha and is relatively flat with no vegetation other than pasture grass around the vicinity of the existing old dairy building, this being the location of the proposed pet food processing facility (refer Attachment 2). The site has minimal environmental constraints in relation to flora and fauna as there are no remnant stands of vegetation or habitats within the vicinity of the old dairy building. The site is however situated in the unproclaimed Karri Groundwater Management Area where there is a high water table and is close to the Weeks Brook Drain which runs adjacent to the southern boundary of Lot 179. Site History The property is used for the grazing of cattle however the existing old dairy building has not been used for a number of years. Proposal The application proposes to process beef bi-products, chicken and kangaroo carcasses by the use of a “whole prey” model mincer that produces a product containing meat, bones, organs and hide. The carcasses are proposed to be obtained locally from abattoirs and local licenced shooters. The Applicant provides the following information: • There is no waste due to the process involved where everything is used in the end product. SIGNED DATED 24th April 2018.
ORDINARY COUNCIL MINUTES 27th March 2018 Page 23 • A kangaroo processing permit will be obtained from the Department of Biodiversity, Conservation and Attractions – Parks and Wildlife section (DBCA) to enable purchase from local shooters. • It is only intended to process once per month over a period of up to three (3) days. Given this initial amount of processing, it is not financially viable to be operating in a commercial/industrial building. • It is proposed to utilise the existing old dairy building on the property which is still in good condition. • Minimal water consumption is involved to clean the machinery which is reduced by the proposed use of a ‘pressure washer’. • With the use of mobile refrigeration units, no product will be stored on site. • No sales are to occur on site and therefore minimal traffic is involved as there are only two (2) employees. • It is proposed to service the Perth and Bunbury markets. • For potable water an ‘inline ultraviolet water sterilisation system’ will be installed. • A portable toilet will be supplied on site. • A HOTTAP portable LPG water heater will be used to provide hot water. • All pet-food will be packaged and labelled as PETMEAT – NOT FOR HUMAN CONSUMPTION. Advertising Pursuant to Clause 64 of the Planning and Development (Local Planning Schemes) Regulations 2015 (the Deemed Provisions), the application was advertised for a period of 38 days concluding on 22nd December 2017. This was an extension to the minimum required 21 days due to the advertising occurring towards the end of the year. The proposal was referred to all landowners within 1000m, which is more than the distance required by the EPA guideline of 500m (Guidance for the Assessment of Environmental factors – Separation Distances between Industrial and sensitive Land Uses No.3, June 2005). No dwellings are within the 500m distance and one (1) dwelling is within the 1000m distance from the existing old dairy shed that is proposed for the pet food processing (refer Attachment 3). The proposal was also referred to the relevant State Government agencies. A total of ten (10) submissions were received with one (1) supporting the proposal, five (5) objecting to the proposal and four (4) commenting on the proposal. A summary of the submissions received is provided in Attachment 4. The main points from the objections are: • Smell/odours associated with the waste ponds/offal; • Expansion of the business into a larger premise with higher impacts on surrounding areas; SIGNED DATED 24th April 2018.
ORDINARY COUNCIL MINUTES 27th March 2018 Page 24 • Impacts on nearby Thoroughbred horses; • Proximity to the Harvey River; • Devaluation of property; • Medium industrial activity in a pristine farming area; • Increased traffic flow in narrow country roads; and • No prior consultation given. The Applicant provided responses to the submissions objecting to the proposal (refer Attachment 5). Government Agency Referral There were submissions from the Water section of the Department of Water and Environment Regulation (DWER), the Environmental Regulation section of DWER, the Department of Health and the Agriculture section of the DBCA (refer Attachment 4). DWER raised the most significant concerns. The most significant concern related to a possible detrimental effect on subsurface water quality due to leaching into the groundwater and this being exacerbated by the flat land and high capability for waterlogging and/or inundation in the vicinity of the pet meat processing activity. The full submission is provided in Attachment 6. Nevertheless despite the above, DWER provides that the risk for water resources, specifically nutrient export, is “moderate”. With regard to this, DWER has not advised that the proposed pet meat processing activity cannot be approved, but instead goes on to provide advice notes in the management of these risks. It is also to be noted that a Works Approval is required from DWER, which is a mechanism for ongoing monitoring of any potential detrimental environmental impacts. Comment The proposed Pet Food Processing Facility is classified as “Industry – Rural” which is defined by the Scheme as: “…an industry handling, treating, processing or packing primary products grown, reared or produced in the locality, and a workshop servicing plant or equipment used for rural purposes in the locality.” Advertising The main concerns from the advertising were the five (5) objections from local landowners. The following provides comments (from the Applicant and by Staff) on the main concerns identified: • Smell/odours associated with the waste ponds/offal. The Applicant provides that the proposed use is not an abattoir, nor a meat rendering plant. Abattoirs deal with slaughter of live animals and hence faecal excrement and odours. Meat rendering plants deal with rancid organic material and odours. SIGNED DATED 24th April 2018.
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