City of Bunbury Council Minutes 20 March 2018 and Minutes/180320... · 10.1 Amendment to Terms of Reference – Audit Committee (was listed as item 10.1.1 on the Council Agenda)

CITY OF BUNBURY 4 Stephen Street

Bunbury WA 6230 Western Australia

Correspondence to: Post Office Box 21

Bunbury WA 6231

Telephone: (08) 9792 7234 ◌ Facsimile: (08) 9792 7184 ◌ TTY: (08) 9792 7370 ◌ www.bunbury.wa.gov.au

City of Bunbury Council Minutes 20 March 2018

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Table of Contents

Item No Subject Page

1. Declaration of Opening / Announcements of Visitors............................................................................ 5

2. Disclaimer ............................................................................................................................................... 6

3. Announcements from the Presiding Member ........................................................................................ 6

4. Attendance ............................................................................................................................................. 7

4.1 Apologies ............................................................................................................................... 7 4.2 Approved Leave of Absence .................................................................................................. 7 4.3 Request to participate in Ordinary Council Meeting via telephone ...................................... 8

5. Declaration of Interest .......................................................................................................................... 10

6. Public Question Time ............................................................................................................................ 10

6.1 Public Question Time ........................................................................................................... 10 6.2 Responses to Public Questions Taken ‘On Notice’ .............................................................. 11

7. Confirmation of Previous Minutes and other Meetings under Clause 19.1 ......................................... 11

7.1 Minutes ................................................................................................................................ 11 7.1.1 Minutes – Ordinary Council Meeting ................................................................... 11 7.1.2 Minutes – Council Advisory Committees and Working/Project Groups ............. 12

8. Petitions, Presentations, Deputations and Delegations ....................................................................... 13

8.1 Petitions ............................................................................................................................... 13 8.2 Presentations ....................................................................................................................... 13 8.3 Deputations ......................................................................................................................... 13 8.4 Council Delegates’ Reports .................................................................................................. 13 8.5 Conference Delegates’ Reports ........................................................................................... 13

9. Method of Dealing with Agenda Business ............................................................................................ 14

10. Reports .................................................................................................................................................. 15

10.1 Amendment to Terms of Reference – Audit Committee (was listed as item 10.1.1 on the Council Agenda) ................................................................................................................... 15

10.2 2017 Compliance Audit Return (was listed as item 10.1.2 on the Council Agenda) ........... 19 10.3 CEO Interim Report – Organisation Structure Key Performance Indicator (was listed as

10.2.3 on the Council Agenda) ............................................................................................. 21 10.4 Grant Funding Program 2018/19 (was listed at item 10.3.1 on the Council Agenda) ......... 24 10.5 Community Sport and Recreation Strategy (was listed as item 10.3.2 on the Council

Agenda) ................................................................................................................................ 31 10.6 Department of Local Government, Sport and Cultural Industries CSRFF Application March

2018 (was listed as item 10.3.3 on the Council Agenda) ..................................................... 40 10.7 Membership of the CEO Performance Review Panel and International Relations Committee

(was listed as 10.2.1 of the Council Agenda) ....................................................................... 44 10.8 City of Bunbury Strategic Community Plan (was listed as item 10.2.2 on the Council

Agenda) ................................................................................................................................ 47 10.9 Proposed Permanent Change of Use for Industry – Noxious Use at Lot 30 (#22) Palmer

Crescent, Davenport (was listed as item 10.4.1 of the Council Agenda) ............................. 51

Table of Contents

Item No Subject Page

10.10 Acquisition of Land – Due Diligence Report (21 Wellington Street - comprising of Lot 12 Wellington Street and Lots 378, 394 and 412 Prinsep Street) (was listed as 10.4.2 of the Council Agenda) ................................................................................................................... 66

11. Applications for Leave of Absence ........................................................................................................ 71

12. Motions on Notice ................................................................................................................................ 71

13. Questions on Notice ............................................................................................................................. 71

13.1 Response to Previous Questions from Members taken on Notice...................................... 71 13.2 Questions from Members .................................................................................................... 71

14. New Business of an Urgent Nature Introduced by Decision of the Meeting ....................................... 72

15. Meeting Closed to Public ...................................................................................................................... 72

15.1 Matters for which the Meeting may be Closed ................................................................... 72 15.2 Public Reading of Resolutions that may be made Public ..................................................... 72

16. Closure .................................................................................................................................................. 72

20 March 2018 Minutes – Council Meeting

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Vision Bunbury will continue to be recognised as the capital City of the South West region, with a strong and diverse economy offering a safe, friendly and vibrant lifestyle within an attractive natural and built environment.

Core Values The City of Bunbury aspires to act in accordance with the following values in all of its decisions and actions: Leadership: empowering people to take responsibility for what they do and to strive to set an example for others to follow. Teamwork: communicating and working co-operatively for the mutual benefit of all. Integrity: establishing trust through openness and honesty. Accountability: for our actions and performance. Respect: for others by listening, understanding and responding appropriately. Innovation: continually improving our services and processes through creative and progressive thinking and action.

Nature of Council’s Role in Decision Making Advocacy: When Council advocates on its own behalf or on behalf of its community to

another level of government/body/agency. Executive/Strategic: The substantial direction setting and oversight role of the Council, e.g. adopting

plans and reports, accepting tenders, directing operations, setting and amending budgets.

Legislative: Includes adopting local laws, town planning schemes and policies. Review: When Council reviews decisions made by Officers. Quasi-Judicial: When Council determines an application/matter that directly affects a person’s

rights and interests. The Judicial character arises from the obligations to abide by the principles of natural justice.

Examples of Quasi-Judicial authority include town planning applications, building licences, applications for other permits/licences (e.g. under Health Act, Dog Act or Local Laws) and other decisions that may be appealable to the State Administrative Tribunal.


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City of Bunbury Council Minutes

Minutes of the Ordinary Meeting of the City of Bunbury Council will be held in the Council Chambers, City of Bunbury Administration Building, 4 Stephen Street, Bunbury on Tuesday, 20 March 2018 at 5.30pm.

Minutes 20 March 2018

1. Declaration of Opening / Announcements of Visitors The meeting was declared open at 5.30pm by Mayor Gary Brennan.


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2. Disclaimer

The City of Bunbury accepts no responsibility for any act, omission, statement or intimation that occurs during Council Briefings or Council Meetings. The City refuses liability for any loss caused arising out of reliance by any person or legal entity on any such act, omission, statement or intimation occurring during Council Briefings or Council Meetings. Any person or legal entity acting or failing to act in reliance upon any statement, act or omission made during a Council Briefing or Council Meeting does so at their own risk. Please note the recommendations contained in this document are not final and are subject to adoption, amendment (or otherwise) at the meeting. Any statement or intimation of approval regarding any planning or development application made during a Council Briefing or Council Meeting is not to be taken as notice of approval from the City. The City advises that anyone who has an application lodged with the City must obtain and should only rely on WRITTEN CONFIRMATION of the outcome of the application, and any conditions attached to the decision made by Council regarding the application. Copyright Any plans or documents contained within this Agenda and any associated Appendices are Copyright of the City of Bunbury. The content is protected by Australian and International copyright trademark. Content must not be modified or reproduced without written authorisation of the City of Bunbury. Recording and Webstreaming of Meetings • All Ordinary and Special Council Meetings are electronically recorded except when Council

resolves to go behind closed doors • All recordings are retained as part of the City’s records in accordance with the General

Disposal Authority for Local Government Records produced by the Public Records Office • The live stream can be accessed at http://www.bunbury.wa.gov.au/Pages/Live-Stream.aspx • Recordings can be accessed at http://www.bunbury.wa.gov.au/Pages/Council-Meeting-

Videos-2017.aspx • Images of the public gallery are not included in the streaming, however the voices of people

in attendance may be captured and streamed. • If you have any issues or concerns regarding the live streaming and recording of meetings,

please contact the City’s Governance Officer on 9792 7273.

3. Announcements from the Presiding Member The Mayor acknowledged everyone involved with the Glen Iris bushfires, thanking them for their hard work and efforts in containing the fires.

http://www.bunbury.wa.gov.au/Pages/Live-Stream.aspx

http://www.bunbury.wa.gov.au/Pages/Council-Meeting-Videos-2017.aspx

http://www.bunbury.wa.gov.au/Pages/Council-Meeting-Videos-2017.aspx


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4. Attendance

Present: Council Members: Presiding Member: Mayor G Brennan Members: Councillor S Morris Councillor M Cook Councillor Brendan Kelly Councillor B McCleary Councillor Miguel Councillor M Warnock Councillor T Smith Councillor J Hayward Councillor K Steele Councillor T Brown Executive Leadership Team (Non-Voting) Chief Executive Officer Mr M Osborne Director Works and Services Mr G Harris Director Corporate and Community Services Ms S Addison-Brown Acting Director Planning and Development Services Mrs F Anderson City of Bunbury Officers (Non-Voting) Manager Finance Mr D Ransom Manager Corporate Governance Mr G Golinski Manager Information Communications and Technology Mr M Roberts Manager Planning and Development Services Mr T Farnworth Team Leader Development Assessment and Compliance Mr M Young Acting Manager Major Projects and Property Mrs K Mildwaters Manager Wildlife Tourism and Events Miss I Evans Media and Communications Officer Mrs L Gallo Council Meeting Support Officer Miss K Merwood Others (Non-Voting) Members of the Public 8 Members of the Press 2

4.1 Apologies Councillor Michelle Steck was absent.

4.2 Approved Leave of Absence Nil


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4.3 Request to participate in Ordinary Council Meeting via telephone

Summary/Background Cr Warnock requested to participate in tonight’s Ordinary Council Meeting via telephone. In order for Cr Warnock to participate, three conditions must be met in accordance with regulation 14A(1) of the Local Government (Administration) Regulations 1996: a) the person is simultaneously in audio contact, by telephone or other means of

instantaneous communication, with each other person present at the meeting; and b) the person is in a suitable place; and c) the council has approved of the arrangement. Cr Warnock has advised he will be situated at Dumas House, 2 Havelock St West Perth for the duration of the meeting. Regulation 14A(4) defines a suitable place as a place that the council has approved as a suitable place for the purpose of this regulation and that is located: a) in a townsite or other residential area; and b) 150 km or further from the place at which the meeting is to be held under regulation 12,

measured along the shortest road route ordinarily used for travelling. This location complies with the geographical requirements of regulation 14A(4)(b), being more than 150km from the place at which the meeting is being held. To fulfil this request, Council consideration is required as follows: That Council: 1. Approves Dumas House, 2 Havelock St West Perth as a suitable place for the purpose of

Regulations 14A(1)(b) and 14A(4). 2. Approves the participation of Cr Warnock at the Ordinary Council Meeting held 20 March

2018 via telephone pursuant to Regulation 14A(1)(c). Executive Recommendation That Council: 1. Approves Dumas House, 2 Havelock St West Perth as a suitable place for the purpose of

Regulations 14A(1)(b) and 14A(4). 2. Approves the participation of Cr Warnock at the Ordinary Council Meeting held 20 March

2018 via telephone pursuant to Regulation 14A(1)(c). Voting Requirements: Absolute Majority required Outcome – Council Meeting 20 March 2018 The recommendation (as printed) was moved Cr Hayward, seconded Cr Cook.


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The Mayor put the motion to the vote and it was adopted to become the Council’s decision on the matter. Council Decision 64/18 That Council: 1. Approves Dumas House, 2 Havelock St West Perth as a suitable place for the purpose of Regulations 14A(1)(b) and 14A(4). 2. Approves the participation of Cr Warnock at the Ordinary Council Meeting held 20 March 2018 via telephone pursuant to Regulation 14A(1)(c). CARRIED 11 votes “for” / Nil votes “against”


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5. Declaration of Interest

Members should fill in Disclosure of Interest forms for items in which they have a financial, proximity or impartiality interest and forward these to the Presiding Member before the meeting commences. Section 5.60A: “a person has a financial interest in a matter if it is reasonable to expect that the matter will, if dealt with by the local government, or an employee or committee of the local government or member of the council of the local government, in a particular way, result in a financial gain, loss, benefit or detriment for the person.” Section 5.60B: “a person has a proximity interest in a matter if the matter concerns – (a) a proposed change to a planning scheme affecting land that adjoins the person’s

land; or (b) a proposed change to the zoning or use of land that adjoins the person’s land; or (c) a proposed development (as defined in section 5.63(5)) of land that adjoins the

person’s land.” Regulation 34C (Impartiality): “interest means an interest that could, or could reasonably be perceived to, adversely affect the impartiality of the person having the interest and includes an interest arising from kinship, friendship or membership of an association.” Cr Kelly declared an impartiality interest in item 10.4.1 titled “Proposed Permanent Change of Use for Industry – Noxious Use at Lot 30 (#22) Palmer Crescent, Davenport” as he is employed by the Department of Water and Environmental regulation which provided advice to the City of Bunbury on the matter. Cr Kelly will remain in the chamber for the duration of the discussion and the vote on the matter.

6. Public Question Time

In accordance with Reg. 7(4)(a) of the Local Government (Administration) Regulations 1996, members of the public in attendance at the meeting may stand, state aloud their name and address, and ask a question in relation to any matter over which the municipality of Bunbury has jurisdiction or involvement. In accordance with Standing Order 6.7(3)(a) a person wishing to ask a question, must complete a question form which is provided in the trays at the back of the public gallery and on the City’s website. The completed form must include your name and address and contain no more than three (3) questions. If your question requires research or cannot be answered at the meeting, it will be taken on notice and you will receive a written response and a summary of your question (and any responses provided) will be printed in the minutes of the meeting.

6.1 Public Question Time Nil.


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6.2 Responses to Public Questions Taken ‘On Notice’ Nil.

7. Confirmation of Previous Minutes and other Meetings under Clause 19.1

7.1 Minutes

7.1.1 Minutes – Ordinary Council Meeting The minutes of the Ordinary meeting of the City of Bunbury Council held 6 March 2018 have been circulated. Recommendation The minutes of the Ordinary meeting of the City of Bunbury Council held 6 March 2018 be confirmed as a true and accurate record. Voting Requirement: Simple Majority Required Outcome – Council Meeting 20 March 2018 The recommendation (as printed) was moved Cr Cook, seconded Cr Brown. The Mayor put the motion to the vote and it was adopted to become the Council’s decision on the matter. Council Decision 65/18 The minutes of the Ordinary meeting of the City of Bunbury Council held 6 March 2018 be confirmed as a true and accurate record. CARRIED 11 votes “for” / Nil votes “against”


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7.1.2 Minutes – Council Advisory Committees and Working/Project Groups

Applicant/Proponent: Internal Report Author: Various Executive: Various Authority/Discretion: ☐ Advocacy

☐ Executive/Strategic ☐ Legislative

☒ Review ☐ Quasi-Judicial ☐ Information Purposes

Attachments: Appendix MTBN-1: Audit Committee Minutes – 1 March 2018 Summary The following Advisory Committee Meetings were held and the minutes are presented for noting: 1. Title: Audit Committee Minutes – 1 March 2018

Author: Greg Golinski, Manager Governance Appendix: MTBN-1

Council Committee Recommendation The following Advisory Committee meeting minutes listed in the report be accepted and noted: 1. Audit Committee Minutes – 1 March 2018 Voting Requirement: Simple Majority Required Outcome – Council Meeting 20 March 2018 The recommendation (as printed) was moved Cr Miguel, seconded Cr Hayward. The Mayor put the motion to the vote and it was adopted to become the Council’s decision on the matter. Council Decision 66/18 The following Advisory Committee meeting minutes listed in the report be accepted and noted: 1. Audit Committee Minutes – 1 March 2018 CARRIED 11 votes “for” / Nil votes “against”


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8. Petitions, Presentations, Deputations and Delegations

8.1 Petitions

Nil.

8.2 Presentations Nil.

8.3 Deputations Mr David Evans, 22 Palmer Crescent, Bunbury WA 6230. Mr David Evans requested to address item 10.4.1 titled “Proposed Permanent Change of Use for Industry – Noxious Use at Lot 30 (#22) Palmer Crescent, Davenport”. Council Decision 67/18 Pursuant to clause 6.9 (2)(b) of Councils Standing Orders, Council approves Mr David Evans deputation request to address item 10.4.1 titled “Proposed Permanent Change of Use for Industry – Noxious Use at Lot 30 (#22) Palmer Crescent, Davenport”, and allows a period of up to 5 minutes to present to Council. CARRIED 11 votes “for” / Nil votes “against”

8.4 Council Delegates’ Reports Nil.

8.5 Conference Delegates’ Reports Nil.


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9. Method of Dealing with Agenda Business Standing Order 5.5 permits the Council to adopt the recommendations “by exception” (en-bloc). Pursuant to Standing Order 5.5, the Council “adopted by exception” (i.e. without discussion) those recommendations listed for items 10.1.1, 10.1.2, 10.2.3, 10.3.1, 10.3.2 and 10.3.3 Items 10.2.1, 10.2.2, 10.4.1 and 10.4.2 of the meeting agenda were then discussed and voted on separately and in the order that they appeared on the agenda. The items have been renumbered with the items voted “by exception” listed first. The items “adopted by exception” were moved Cr Cook, seconded Cr Hayward.


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10. Reports 10.1 Amendment to Terms of Reference – Audit Committee (was listed as item 10.1.1 on the

Council Agenda)

Applicant/Proponent: Audit Committee Responsible Officer: Greg Golinski, Manager Governance Responsible Manager: Greg Golinski, Manager Governance Executive: Mal Osborne, Chief Executive Officer Authority/Discretion ☐ Advocacy

☐ Executive/Strategic ☒ Legislative

☐ Review ☐ Quasi-Judicial ☐ Information Purposes

Attachments: Nil Summary The purpose of this report is for Council to consider making some amendments to the terms of reference (ToR) of the Audit Committee, particularly in light of recent legislative change that now removes power from local governments to appoint their auditors. Audit Committee Recommendation That Council: 1. Adopts the revised terms of reference for the Audit Committee as presented; and 2. Notes that these changes reflect the recent amendment to the Audit provisions within the

Local Government Act 1995. Voting Requirement: Simple Majority Required Strategic Relevance Key Priority Area 5 Corporate Objective 5.3 Ensure financial sustainability Background Recent changes to the Local Government Act 1995 (the Act) have removed power from local governments to appoint their own auditors, and instead the Office of the Auditor General (OAG) will now be responsible for all such audits. The Local Government (Audit) and (Financial Management) Regulations are also currently being amended to reflect the changes in the Act. Council Policy Compliance N/A


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Legislative Compliance The proposed changes to the ToR for the committee would ensure that they stay within the parameters of the amended legislation. Officer Comments The current ToR for the committee includes provision for recommending an auditor to Council, and are based on a previous model ToR produced by the Department of Local Government (DLG). DLG are yet to produce a revised model ToR following the changes to the audit legislation, however the changes have only impacted the auditor appointment provisions, with no effect on the balance of the previous model ToR. It is unclear as to when a revised model ToR may be developed by DLG, however it is likely that this will not be until after any amendments to the regulations have been finalised. A subsequent report will be provided to the Audit Committee once any revisions to the regulations are enacted, with the possibility of further amendments to the ToR at that time. Accordingly, the following changes to the ToR are suggested:

a) Provide guidance and assistance to Council as to the carrying out the functions of the local government in relation to audits;

b) Develop and recommend to Council an appropriate process for the selection and appointment of a person as the local government’s auditor;

c) Develop and recommend to Council: • a list of those matters to be audited; and • the scope of the audit to be undertaken;

d) Recommend to Council the person or persons to be appointed as auditor; e) Develop and recommend to Council a written agreement for the appointment of the

external auditor. The agreement is to include: • the objectives of the audit; • the scope of the audit; • a plan of the audit; • details of the remuneration and expenses to be paid to the auditor; and • the method to be used by the local government to communicate with, and supply

information to, the auditor; f) Meet with the auditor once in each year and provide a report to Council on the matters

discussed and outcome of those discussions; g) Liaise with the CEO to ensure that the local government does everything in its power to:

• assist the auditor to conduct the audit and carry out his or her other duties under the Local Government Act 1995; and

• ensure that audits are conducted successfully and expeditiously; h) Examine the reports of the auditor after receiving a report from the CEO on the matters to:

• determine if any matters raised require action to be taken by the local government; and

• ensure that appropriate action is taken in respect of those matters; i) Review the report prepared by the CEO on any actions taken in respect of any matters

raised in the report of the auditor and presenting the report to Council for adoption prior to the end of the next financial year or 6 months after the last report prepared by the auditor is received, whichever is the latest in time;

j) Review the scope of the audit plan and program and its effectiveness;


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k) Review the appropriateness of special internal audit assignments undertaken by internal audit at the request of Council or CEO;

l) Review the level of resources allocated to internal audit and the scope of its authority; m) Review reports of internal audits, monitor the implementation of recommendations made

by the audit and review the extent to which Council and management reacts to matters raised;

n) Facilitate liaison between the internal and external auditor to promote compatibility, to the extent appropriate, between their audit programs;

o) Review the local government’s draft annual financial report, focusing on: • accounting policies and practices; • changes to accounting policies and practices; • the process used in making significant accounting estimates; • significant adjustments to the financial report (if any) arising from the audit

process; • compliance with accounting standards and other reporting requirements; and • significant variances from prior years;

p) Consider and recommend adoption of the annual financial report to Council. Review any significant changes that may arise subsequent to any such recommendation but before the annual financial report is signed;

q) Address issues brought to the attention of the committee, including responding to requests from Council for advice that are within the parameters of the committee’s terms of reference;

r) Seek information or obtain expert advice through the CEO on matters of concern within the scope of the committee’s terms of reference following authorisation from the Council;

s) Review the annual Compliance Audit Return and report to the council the results of that review, and

t) Consider the CEO’s biennial reviews of the appropriateness and effectiveness of the local government’s systems and procedures in regard to risk management, internal control and legislative compliance, required to be provided to the committee, and report to the council the results of those reviews.

Analysis of Financial and Budget Implications There are no financial or budget implications relating to the recommendations in this report. Community Consultation Nil.


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Outcome – Council Meeting 20 March 2018 Pursuant to Standing Order 5.5 the recommendation (as printed) from the Executive was moved Cr Cook seconded Cr Hayward and adopted (’en bloc’) to become the Council’s decision on the matter. Council Decision 68/18 That Council: 1. Adopts the revised terms of reference for the Audit Committee as presented; and 2. Notes that these changes reflect the recent amendment to the Audit provisions within the Local Government Act 1995. CARRIED 11 votes “for” / Nil votes “against”


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10.2 2017 Compliance Audit Return (was listed as item 10.1.2 on the Council Agenda)

Applicant/Proponent: Audit Committee Responsible Officer: Leanne French, Senior Governance and Risk Officer Responsible Manager: Greg Golinski, Manager Governance Executive: Mal Osborne, Chief Executive Officer Authority/Discretion ☐ Advocacy



Attachments: RAC-1: Draft 2017 Compliance Audit Return Summary The purpose of this report is for Council to consider the Statutory Compliance Audit Return (the Return) for the calendar year 1 January to 31 December 2017. Audit Committee Recommendation That Council adopt the Statutory Compliance Audit Return for the City of Bunbury for the period 1 January to 31 December 2017. Voting Requirement: Simple Majority Required Strategic Relevance Key Priority Area 5 Corporate Objective 5.2 Maintain a high standard of corporate governance and improve access to

information. Background Each year the Department of Local Government, Sport and Cultural Industries requires local governments to conduct an annual assessment of their compliance with key components of the Local Government Act 1995 (the Act) and associated Regulations. The 2017 Return is to be provided to the Department by 31 March 2018. Council Policy Compliance There is no current Council Policy relevant to this item. Legislative Compliance Completion of the statutory Compliance Audit Return is a requirement under the provisions of section 7.13(1)(i) of the Local Government Act 1995 and regulations 13 and 14 of the Local Government (Audit) Regulations 1996. Officer Comments The Chief Executive Officer, Directors and relevant Managers are provided with copies of the relevant sections of the Return for assessment and completion. The final Return is then compiled


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on-line at the end of the review period using information provided. Any comments, where appropriate, are included in the return to assist in either validating compliance, or explaining non-compliance. Completion of the relevant sections of the Return effectively requires a number of ad-hoc internal audits, which assist the City to ensure that operations meet the statutory requirements of the Act and associated Regulations. This year the Department included an additional optional 7 questions to answer about Integrated Planning and Reporting. These audits have revealed the City to be compliant on all aspects of the Return (see Appendix RAC-1). Analysis of Financial and Budget Implications Nil Community Consultation Community Consultation has not been sought on this matter. Councillor/Officer Consultation This item is presented to Council for consideration by the Audit Committee. Outcome – Council Meeting 20 March 2018 Pursuant to Standing Order 5.5 the recommendation (as printed) from the Executive was moved Cr Cook seconded Cr Hayward and adopted (’en bloc’) to become the Council’s decision on the matter. Council Decision 69/18 That Council adopt the Statutory Compliance Audit Return for the City of Bunbury for the period 1 January to 31 December 2017. CARRIED 11 votes “for” / Nil votes “against”


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10.3 CEO Interim Report – Organisation Structure Key Performance Indicator (was listed as

10.2.3 on the Council Agenda)

Applicant/Proponent: Internal Report Responsible Officer: Mal Osborne, Chief Executive Officer Responsible Manager: Mal Osborne, Chief Executive Officer Executive: Mal Osborne, Chief Executive Officer Authority/Discretion ☐ Advocacy

☒ Executive/Strategic ☐ Legislative


Attachments: Confidential Appendix CRUSC-1: CEO Interim Report – Organisation Structure Key Performance Indicator

Summary At the Ordinary Council Meeting held 12 December 2017, Council resolved (Council Decision 450/17) to endorse the CEO Key Performance Indicators. One of these Indicators was to undertake a review of the organisational structure and report back to Council containing the outcomes of the review. A confidential report has been issued under separate cover at Confidential Appendix CRUSC-1 titled “CEO Interim Report – Organisation Structure Key Performance Indicator“ for elected member’s information. Executive Recommendation Council notes the confidential report titled, “CEO Interim Report – Organisation Structure Key Performance Indicator”.

Voting Requirement: Simple Majority Required

Strategic Relevance Key Priority Area 5 Corporate Objective 5.5 Ensure organisational capability

We will create an organisational environment that is focused on continuous improvement in the delivery of all our services.

Our workforce plan will ensure that the City is well placed in terms of human resourcing for the effective delivery of Council’s Strategic Community Plan. Background Following his appointment as Chief Executive Officer in December 2017, Council provided Mal Osborne with Key Performance Indicators for the term of his contract.

One of these KPIs was Organisational Performance and this report has been prepared in accordance with the following action:


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d) Provide a report to Council on the relevance of the existing Organisational structure in relation to contemporary management practices

In accordance with the above KPI, a confidential report has been prepared and is now presented to Council for information. Council Policy Compliance Not applicable. Legislative Compliance The Local Government Act 1995 (the Act) requires that the local government ensures that there is an appropriate structure in place for the administration of the local government. In addition there is a requirement for the local government to be informed of the appointment or dismissal of senior local employees. The relevant sections of the Act are outlined below.

5.2. Administration of local governments

The council of a local government is to ensure that there is an appropriate structure for administering the local government.

5.37. Senior employees

(1) A local government may designate employees or persons belonging to a class of employee to be senior employees.

(2) The CEO is to inform the council of each proposal to employ or dismiss a senior employee, other than a senior employee referred to in section 5.39(1a), and the council may accept or reject the CEO’s recommendation but if the council rejects a recommendation, it is to inform the CEO of the reasons for its doing so.

(3) Unless subsection (4A) applies, if the position of a senior employee of a local government becomes vacant, it is to be advertised by the local government in the manner prescribed, and the advertisement is to contain such information with respect to the position as is prescribed.

(4A) Subsection (3) does not require a position to be advertised if it is proposed that the position be filled by a person in a prescribed class.

(4) For the avoidance of doubt, subsection (3) does not impose a requirement to advertise a position where a contract referred to in section 5.39 is renewed.

The proposed structure meets the requirements of the Act. Officer Comments The implementation of the City’s organisational structure needs to be considered in line with the future direction of the Council in terms of service delivery models. It should be noted that the structure listed within the attached confidential report is considered an appropriate structure to meet the needs and aspirations of the Council and is based on ensuring that the ongoing issues of governance and oversight are maintained, delivering a closer alignment between corporate and community services


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Analysis of Financial and Budget Implications There are no budget nor financial implications associated with the recommended executive organisational structure. The changes contained in the confidential report relating to additional focus areas are able to be accommodated within the current existing wages allocations for the 2017/18 and future year budgets. Community Consultation There is no requirement for community consultation in relation to this matter. Councillor/Officer Consultation This report is presented to Council for their information. Applicant Consultation Not applicable. Outcome – Council Meeting 20 March 2018 Pursuant to Standing Order 5.5 the recommendation (as printed) from the Executive was moved Cr Cook seconded Cr Hayward and adopted (’en bloc’) to become the Council’s decision on the matter. Council Decision 70/18 Council notes the confidential report titled, “CEO Interim Report – Organisation Structure Key Performance Indicator”. CARRIED 11 votes “for” / Nil votes “against”


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10.4 Grant Funding Program 2018/19 (was listed at item 10.3.1 on the Council Agenda)

Applicant/Proponent: Internal Responsible Officer: Isabell Evans, Manager Tourism, Events and Promotions Responsible Manager: Isabell Evans, Manager Tourism, Events and Promotions Executive: Stephanie Addison-Brown, Director Corporate and Community

Services Authority/Discretion ☐ Advocacy



Attachments: Appendix DCCS-1: Grant Funding Program 2018/19 Information Kit Appendix DCCS-2: Council Policy: Grant Funding Program Appendix DCCS-3: Corporate Guideline: Grant Funding Program

Summary The purpose of this report is for Council to consider endorsing amendments to the City’s annual Grant Funding Program in 2018/19 and thereafter.

Executive Recommendation That Council: 1. Agree to combine the Place Making and Community Assistance project budgets to create a

new Community Funding budget for the 2018/19 financial year and ongoing. 2. Endorse the new Grant Funding Program 2018/19 Information Kit, revised Council Policy:

Grant Funding Program and Corporate Guideline: Grant Funding Program as attached at Appendices DCCS-1, DCCS-2 and DCCS-3.

Voting Requirement: Simple Majority Required

Strategic Relevance Key Priority Area 1 Community and Culture Objective 1.1 Establish Bunbury as the Most Accessible Regional City in Australia by 2020 Objective 1.2 Promote and celebrate multiculturalism Objective 1.4 Increase participation in sport and leisure activities Objective 1.5 Celebrate and recognise the richness of our arts, culture and heritage Key Priority Area 5 Corporate Objective 5.1 Facilitate community and stakeholder participation in decision-making Objective 5.2 Maintain a high standard of corporate governance and improve access to

information Objective 5.6 Improve local, regional, state and national perceptions of Bunbury Objective 5.7 Deliver services in a manner commensurate with community expectations


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Background The City of Bunbury provides funding for a range of programs, events and activities each year to enhance the community and economy. The annual Grant Funding Program aims to be thorough yet transparent and enable a range of quality and diverse projects to take place. Applications are assessed against a number of criteria around social, economic, strategic and community benefit. Funding is currently attributed to the following categories:

• Community Assistance - $95,000; • Arts - $40,000; • Place Making - $20,000; • Events - $250,000. Despite their obvious differences in categories, to maximise efficiency, transparency and equity all funding categories are part of one annual Grant Funding Program, with consistent funding conditions and eligibility. The overall Program is coordinated by the City’s Grants Officer, with relevant departments (Community Development, Arts and Culture and Events) undertaking category-specific tasks, including the development of selection criteria and the assessment of applications and subsequent funding recommendations. The City’s Chief Executive Officer has the delegated authority to make final funding decisions as part of the Annual Program. Applications to the Events category are assessed by the Bunbury Events Advisory Group, with the other categories assessed by panels. Membership of these panels changes annually, however generally comprise of a mix of Councillors, staff and community members. Upon an annual review of the previous year’s program and the implementation of amendments as required, applications for funding open in April and close on 30 June each year. Applicants are notified of the outcome of their application following Council’s endorsement of the annual budget in July/August. The Program has been altered and refined over time, as a result of applicant feedback, funding trends and officer analysis. Council Policy Compliance Council Policy: Grant Funding. Legislative Compliance Not applicable Officer Comments It is noted that the City consistently receives applications for a higher amount of funding than what has been budgeted for in annual budgets across all funding categories. A concise Council Policy: Grant Funding document exists, along with a more comprehensive Corporate Guideline: Grant Funding Program which details funding rounds, categories, eligibility, criteria and conditions. The Information Kit, which is the primary document circulated to potential


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applicants explaining the Program, stems from the Corporate Guideline and the information contained within it. In the spirit of continuous improvement, over the past six weeks, relevant staff as well as the Bunbury Events Advisory Group have met to discuss the 2018/19 Grant Funding Program and potential amendments following on from the 2017/18 format. Officers have also consulted other Western Australian local government authorities to seek information on the successes and failures of their respective grant funding programs in order to create a set of best practice amendments. Apart from minor grammatical, wording and date changes, the following significant amendments have been proposed to content within the Corporate Guideline and Information Kit:

Proposed Amendment Justification Combine Place Making and Community Assistance categories into one Community category

The Place Making category does not receive as many applications as the others, and when applications are made they are often more appropriate for assessment within other categories. Place Making can be viewed as a jargon term for a form of community development and therefore to remove any misunderstanding it is proposed that this category and associated funding be moved into the Community category to create one community-focused allocation.

Amendments to the wording of all three Funding Categories

As Council’s Strategic Community Plan is the organisation’s premier strategic planning document, wording and terminology from the draft version of the new Plan has been incorporated into the relevant Funding Category explanations, to ensure that funded activities match the community’s aims and aspirations for the City of Bunbury. For example, specific outcomes within Theme 1: Our community and culture have been incorporated into the Community category as below: Activities must achieve one or more of the following: • activate public spaces • enhance community identity and sense of belonging • contribute to a feeling of safety and security • value and welcome diverse cultures • promote an active and healthy life • provide for the particular needs of the young or old • establish Bunbury as the most accessible regional City in

Australia • bring the community together.

Cease delivery of Q&A session and instead offer 15 minute PC-based application submission assistance sessions

Participant feedback indicates that one-on-one sessions are more appropriate given that questions are often activity-specific and so addressing these in a group setting wastes participant time. These 15 minute sessions are offered by other local governments with great success.

Allowing in-kind costs to be incorporated into applicants

Not allowing in-kind funding to be considered disadvantages community activities which rely on volunteer labour to deliver their


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50% matched funding amount (excluding business applicants)

projects. Allowing in-kind costs is considered common practice across other funding bodies (including other local governments) with a $25/hour volunteer management fee a standard. As business applicants deliver activities to make a profit, it is proposed that they must continue to demonstrate matched cash funding to be eligible for City support.

Prohibiting ‘double dipping’ e.g. applicants applying to multiple categories for the same activity

As the different categories are assessed by different groups, in the past applications have received extra funding for the same activity, thus ‘double dipping’ into one overall Grant Funding Program. No other local government funding program allows double dipping for the same activity. Note that single organisations may submit applications for multiple categories, as long as the applications are for different activities.

Decentralisation of evaluation criteria

In the past, all funding categories were assessed against the same criteria albeit with different weighting. The criteria were: Community Participation Vibrancy Stay and Spend Community Benefit Profile Whilst this did streamline the funding process in part, it did not enable assessors to adequately evaluate applications in terms of their impact on their specific focus area (general community, arts and culture community, or events calendar). As such, staff and the Bunbury Events Advisory Group as relevant have developed a set of evaluation criteria specific to each of the three proposed categories. These criteria are drawn from goals within the City’s draft Strategic Community Plan, the existing and well-suited Sports Marketing Australia assessment matrix, and best practice examples from other local governments and funding bodies. As well as the category-specific criteria, all applications will also be assessed against a number of generic criteria focusing on the applicant’s ability to deliver their activity and support from their relevant community/industry sector. It is proposed that the Events category evaluation now involve two separate sub-sets of criteria around Minor and Major Events. Previously, documentation indicated that minor and major sub-categories existed, however applications were scored according to the same set of criteria. As the minor events category is aimed at community events and participation, and the major events category at tourism and marketing impact, it was noted that these thus


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require separate criteria. It is also proposed that all criteria be weighted equally and be given a score from 0 – 5, which is consistent with the City’s tender evaluation process. It is intended that this will result in more transparent and consistent assessment, as the previous weighting framework involved scoring various percentages of the generic assessment criteria (e.g. 40% Community Participation; 10% Vibrancy) which risked personal interpretations of below average, average and above average values.

Requiring an event survey be completed for events receiving $10,000 or more in funding

Events supported with an allocation of $10,000 or more are a significant investment for the City of Bunbury and so it is expected they achieve their expected patron numbers and deliver a quality event which draws attendance from outside the region. Therefore it is proposed that events receiving this level of funding or higher in future must deliver and provide the City with results of an event survey indicating the achievement or otherwise of these aims. Note that the Bunbury Events Advisory Group will develop and provide a proposed event survey question format to assist event organisers.

Requiring ticketed event organisers to provide three access passes to the City of Bunbury for use by Bunbury Events Advisory Group members and staff to conduct event evaluations

In order to review the success or otherwise of events, it is imperative that the City have a presence at them, where an event evaluation is undertaken. Staff and/or Bunbury Events Advisory Group members are able to conduct these evaluations at un-ticketed events, however do require access to ticketed activities. Noting legislation around local government officers accepting gifts, rather than event organisers gifting the City with tickets, it is proposed that written into their contract is a requirement for three passes to be provided to the City for evaluation purposes per funded application. Note that this amendment is proposed by staff rather than the Bunbury Events Advisory Group.

Given the succinct nature of the Council Policy: Grant Funding, only one amendment is required, that being deleting the Place Making funding category. Note that information regarding the Seed sub-category of the Events funding has been temporarily removed as Bunbury Fringe Festival was successful in receiving this funding for the entirety of the three-year trial period (subject to annual conditions). Prior to the end of the three-year period staff will present a report to Council addressing options for the future of this category. As well as aligning the Grant Funding Program evaluation criteria scoring with the City’s tender evaluation process, going forward it is intended that assessors will also complete the same conflict of interest documentation as those on tender review panels, to ensure transparency and consistency across the City’s various evaluation activities.


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It is noted that the City’s new Strategic Community Plan, referenced in the proposed Grant Funding Program revisions, is still in draft form. However, the Manager Governance indicates that the overarching goals and objectives are not anticipated to change markedly following the community consultation process. Indeed, for the Program to open for applications in April, documentation must be approved in the current March timeline. From 2018/19 onwards, all funding applications must be submitted through the City’s new Smartygrants online portal. Smartygrants is a high-quality cloud-based grants management software which is used by local governments and State and Federal departments throughout Australia. The new software will streamline the City’s grants management process in a multitude of ways, however it is noted that some applicants may not feel comfortable submitting an online application and therefore the Grants Officer will be available to assist these applications should they require support. Analysis of Financial and Budget Implications Each financial year funding is allocated to each category through separate project numbers in the City’s Integrated Financial Plan. Funding is currently attributed to the following categories: • Community Assistance - $95,000; • Arts - $40,000; • Place Making - $20,000; • Events - $250,000. Community Consultation No community consultation has been undertaken. Instead, the Events Category changes have been discussed with the Bunbury Events Advisory Group, which is comprised predominantly of community representatives. Councillor/Officer Consultation Nil.


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Outcome – Council Meeting 20 March 2018 Pursuant to Standing Order 5.5 the recommendation (as printed) from the Executive was moved Cr Cook seconded Cr Hayward and adopted (’en bloc’) to become the Council’s decision on the matter. Council Decision 71/18 That Council: 1. Agree to combine the Place Making and Community Assistance project budgets to create a new Community Funding budget for the 2018/19 financial year and ongoing. 2. Endorse the new Grant Funding Program 2018/19 Information Kit, revised Council Policy: Grant Funding Program and Corporate Guideline: Grant Funding Program as attached at Appendices DCCS-1, DCCS-2 and DCCS-3. CARRIED 11 votes “for” / Nil votes “against”


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10.5 Community Sport and Recreation Strategy (was listed as item 10.3.2 on the Council Agenda)

Applicant/Proponent: Internal Responsible Officer: James Shepherd, Manager Project Planning Responsible Manager: James Shepherd, Manager Project Planning Executive: Stephanie Addison-Brown, Director Corporate and Community

Services Authority/Discretion ☐ Advocacy


☒ Review ☐ Quasi-Judicial ☐ Information Purposes

Attachments: Nil Summary Council are requested to agree to the following high level principles that will guide the development of the Community Sport and Recreation Strategy. Executive Recommendation That Council agree that the following Community Sport and Recreation Strategy strategic project objectives will define and inform the recommendations of the completed strategy:

• Co-location of user groups at multi use facilities including the potential to consolidate

and/or relocate existing user groups. • Establish a portfolio of financially sustainable facilities that maximise multi-use

opportunities, reduce duplication and provide an efficient portfolio of sporting facilities to the Community.

• Provide fit for purpose, modern facilities that meet the funding requirements of the State Government.

• Plan, develop, redevelop and adjust facility provision within the City (and within a Greater Bunbury regional context) to ensure an equitable distribution of sporting facilities across the Bunbury Wellington region and an alignment with the State Government’s Bunbury Wellington Sports Facilities Plan.

Voting Requirement: Simple Majority Required Strategic Relevance Key Priority Area 1 Community & Culture Objective 1.4 Increase participation in sport & leisure activities. Key Priority Area 2 Transport & Infrastructure Objective 2.2 Maintain a high standard of recreational open space and facilities. Key Priority Area 3 Natural & Built Environment Objective 3.3 Improve public health and safety. Key Priority Area5 Corporate Objective 5.3 Ensure financial sustainability.


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Key Priority Area 5 Corporate Objective 5.4 Apply best practice asset management principles to optimise the City’s

infrastructure whilst minimising lifecycle costs. Background Since 2006 the City has initiated a number of projects seeking to define its objectives in relation to the provision of sporting facilities across the City; these include:

• City of Bunbury Recreation Plan (2006), Mumford Consulting • City of Bunbury 5 Years Recreation Implementation Plan 2007-2012 (2007), internal

report • Hay Park Feasibility Study (2009), Creating Communities. • Hands Oval Master Plan (2011), ABV Consulting. • Hay Park & Forrest Park Facilities Review (2012), internal report. • Hay Park Master Plan (2015), internal report

Of these only the Hay Park Master Plan and Hands Oval Master Plan (stage 1) have been formally endorsed by Council; as a result development of the City’s sporting infrastructure has been undertaken opportunistically. Major developments since 2005 have resulted primarily through external funding in the form of election commitments or opportunistic funding; examples include the Stage 1 redevelopment at Hands Oval (2012), the construction of the Hay Park Athletics facility (2011), the Hay Park Premier Soccer Pitch (2010), the Hay Park South Multi Sports Pavilion (2017) and most recently the election commitment in relation to Hay Park. Currently City sporting facilities are provided at a variety of locations throughout the City with facilities of various ages and condition. Additionally facility use exists ranging from exclusive use to shared use with multiple user groups. Examples of single use facilities include Payne Park (Bunbury Football Club); Kelly Park (Carey Park Football Club); Hands Oval (South Bunbury Football Club); Hay Park South Soccer, excluding Premier Pitch (Bunbury United Soccer Club); Queens Gardens Croquet (Bunbury Central Croquet Club), Forrest Park Bowls Centre (Bunbury Bowling Club); Hay Park Croquet facility (Moorabinda Croquet Club) and Hay Park Netball Courts (Bunbury Netball Association). Examples of current multi use arrangements include Bunbury Recreation Ground (Colts Cricket & Bunbury Runners Club), Forrest Park (Dynamos Soccer Club and Marist Cricket Club), Hay Park Central (South West Junior Football League, Bunbury & Districts Cricket Association, Bunbury City Bulls Rugby, Bunbury Ultimate Frisbee, Bunbury Touch Rugby, AFL9s and South Bunbury Football Club for training) and Hay Park Multi Sports Pavilion (currently SW Phoenix, Hay Park United and Bunbury City Bulls). The City is now at a crossroads where it needs to make a number of fundamental decisions in relation to the provision of sporting facilities (sports grounds and associated built infrastructure) in order to establish a Council endorsed strategy for the use, development and redevelopment of these facilities for the next 10-20 years. This strategy will establish the planning for and management of the City’s sports grounds and associated built infrastructure to meet the City’s strategic objectives and integrate with the future sporting demands of the Bunbury Wellington Region.


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To achieve this, the key project objectives identified below require Council endorsement. These will determine how the project is developed and how strategic outcomes are determined. These outcomes should include but not be limited to the following considerations: 1. Co-location of user groups at multi use facilities (sports grounds and buildings) including the

potential to consolidate and/or relocate existing user groups. This will cover a range of potential scenarios enabling multiple user groups to access facilities either on the basis of multiple sporting clubs with sympathetic sports use requirements (eg soccer/hockey/touch rugby/cricket and bowls and croquet) or multiple sporting clubs of the same code (eg AFL or soccer); non sporting club groups will also be incorporate where possible and appropriate.

2. The provision of ‘fit for purpose’, modern facilities to meet the funding requirements of the State government. The State’s funding preference clearly directs applicants towards multi-use facilities that maximise opportunities for community use. Adopting the principles detailed above this may include multiple sporting clubs from the same sporting code, multiple clubs from different sporting codes and non-sporting clubs and/or a combination of all three.

3. The provision of a potentially rationalised portfolio of financially sustainable facilities that maximise multi use opportunities (that may include non-sporting groups), reduce duplication and deliver an efficient portfolio of sporting facilities (sports grounds and associated infrastructure).

The project will include the review of existing facilities, usage and compatibility both within the City’s portfolio, neighbouring local government’s facilities, usage and compatibility and against the recommendations of the Bunbury Wellington Sports Facility Plan. Recommendations from this review will be included within the consultation process to seek to establish the ‘best fit’ for sporting club user groups, the City and the Bunbury Wellington region.

4. Integrates with the Department of Local Government, Sport and Cultural Industries’ Bunbury Wellington Sports Facilities Plan (2013) to ensure the integrated provision of sporting facilities across the Greater Bunbury Region, avoid/minimise duplication within the City and surrounding LGAs and maximise the City’s opportunities to leverage funding through the State government.

This will involve reviewing the outcomes and recommendations of the Bunbury Wellington Sports Facilities Plan, reviewing trends in sport participation and understanding the strategic growth aspirations of the City’s sporting clubs and associations. Using this information a strategically aligned, regionally integrated, equitably distributed and financially sustainable will be developed that maximises the use of the City’s facilities, the State government’s funding requirements and integrates with the regional plan for sporting facilities and meets the needs of the region’s community sporting groups. This project component will also require regional co-operation between local governments both at the planning level with regard to accommodating sporting club user groups as changes are implemented and to ensure a cohesive regional approach to funding applications demonstrates regional support and commitment to provide ‘best value’ outcomes for the regional community. This will require local governments to plan, agree and align funding submissions to both the State and Federal governments.


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Council Policy Compliance Council Policy – Recreation Facilities Council Policy – Leases and Licences Legislative Compliance Not applicable. Officer Comments Local government is recognised as a key partner in the provision of and facilitation of sports at the community level with funding provided through locally derived revenues (rates) and opportunities for state and federally funded projects. The review of the City’s Community Sport and Recreation Strategy is timely as it has the opportunity to integrate with sporting strategies at both state and federal level. The Department of Local Government, Sport and Cultural Industries Bunbury Wellington Sports Facilities Plan, whilst completed in 2013 is subject to ongoing review and as such forms a key state level strategic document into which the City’s strategy needs to integrate. At Federal level the National Sport Plan (due for release in mid 2018) will provide a long term national plan in relation to participation, performance, prevention through physical activity and integrity. With more than $357m invested in sport by the Australian Government in 2016/17 this report will form the basis of how future funding is distributed. In both cases the City’s strategy has the opportunity to integrate with the state and federal government’s sporting strategies and use these to maximise our ability to successfully attract external funding to support the sustainable growth and development of the City’s sporting facilities into the future. Megatrends in Australian Sport (CSIRO 2013) Research indicates that the Australian sports sector is evolving as the nation evolves socially, culturally, economically and environmentally. These changes have implications for the City in relation to policy and investment choices in relation to the provision of sports facilities into the future. 6 megatrends have been identified (CSIRO 2013) as key shapers of the national sports sector over the next 25-30 years; these trends are: 1. The continued growth of individualised sport and fitness activities as Australians become more

health conscious and play sport to get fit rather than get fit to play sport. 2. The rise of adventure and alternative sports (such as BMX, skateboarding, mountain biking and

kiteboarding) as individuals seek more thrills and cultural self-identity and self-expression. 3. Sport will continue to be recognised as a key to delivering better mental and physical health,

social development and cultural co-operation. 4. Continued participation in physical activity into old age and the changing face of the nation’s

cultural make-up bring changes to demand for sports and sporting provision. 5. Increasing Asian influence as the region’s population and disposable income continues to grow. 6. The ‘businessifcation’ of sport will see more formal governance, corporate structures and

associated rising costs redefining barriers to participation for some sectors of the population.


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Since 2013 Australia has seen significant growth in women’s participation in sports not previously identified as growth opportunities; these include AFL, soccer and cricket all of which have experienced high growth in this period. This trend adds to the pressure on the City to ensure that it is providing fit for purpose, modern facilities that meet the needs of all user groups. Not all of these trends will directly impact the City’s facility provision and service delivery, however some will whilst others will have indirect effects that are not quantifiable at this point in time. What is clear is that the City will need to remain vigilant to changes in demand and community expectations in relation to these trends and the impacts that they will have on the City’s provision of sustainable, fit for purpose sporting infrastructure. Aligned with these trends are the requirements for the City to provide efficient and sustainable facilities that minimise costs to ratepayers through a combination of reduced expenditure and revenue generation across a portfolio of facilities that meet the needs of the sporting user groups. Achieving efficiencies through multi-use arrangements and the clustering of sports and user groups with similar facility requirements are good examples of how the City should consider its ongoing provision of sporting facilities. Not only will this provide the City with a more efficient and sustainable operating model but it will link directly to the philosophy of multi-use facility provision supported by both State and Federal governments as the most efficient means to provide sports facilities and a key funding requirement.

Bunbury Wellington Sports Facilities Plan (2013) Whilst the Bunbury Wellington Sports Facilities Plan is now 4 years old it remains a key decision making document for the Department of Local Government, Sport and Cultural Industries with regards to funding and strategic support; it also recommends an annual review to ensure that it remains an up to date informing document. A number of sports specific recommendations from the report are relevant to the development of the Community Sport and Recreation Strategy and should be considered within the project; these are:

• AFL: Consolidation of existing oval and supporting infrastructure to ensure more effective use of oval space and secure the long term viability of existing clubs.

• Badminton: Consolidation of badminton activity at Hay Park within the gradual redevelopment of the South West Sports Centre.

• Basketball: Further investigation is required to ensure all of the indoor facilities within the region are developed in a coordinated fashion.

• Croquet: Investigate the potential merger of clubs in the City of Bunbury and potentially co-locate with a bowls club.

• Gymnastics: Gymnastics is retained at the PCYC, with no additional provision required. Alternative long term development space could be considered in the South West Sports Centre.

• Hockey: Grass pitch provision needs to be secured for Hockey at Hay Park with potential long term investment in the clubroom and spectator amenities.

• Netball: To facilitate and provide opportunities the sport should gradually seek to move selected Bunbury-Wellington LGA’s competition and team training indoors.

• Rugby Union: Develop a dedicated venue for rugby at Hay Park. • Water Polo: To retain and develop the sport through the development of greater

flexibility at the SWSC.


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• Soccer: Undertake a review of soccer facilities within the region and more particularly the development of rectangular pitch provision in and around the Greater Bunbury area.

Over and above these specific recommendations the following key focus areas identified in the project should also be considered as part of the process: 1. Dual Use with Education: One of the key development options for Bunbury- Wellington District

members is the potential partnership opportunity with local schools. It is recommended that further investigation be undertaken with respect to dual use school opportunities and particularly the drafting of a standardised approach / policy for future shared / dual use agreements.

2. Water / Climate / Environmental Considerations: There is a need for partner organisations to

develop a consistent reference point for addressing issues associated with global warming, water shortages, energy costs and other environmental concerns which impact on the provision of sport and recreation facilities.

3. Cost & Access to Facilities: The cost and access to facilities has been raised by local Sport

Associations as inhibiting the growth and development of sport. It is however recognised that the cost to hire / use of facilities will ultimately need to reflect the cost of the facility infrastructure provision, management and maintenance obligations.

4. LGA / SSA Relationship & Communication: The relationship between State Sport Associations

and Local Governments is variable with some being extremely positive (i.e. WAFC) whereas others are more challenging. Whilst the re-alignment of a number of sports specific governance structures is ultimately the responsibility of DSR in partnership with the State Sport Associations or equivalent representative body, there is a need to develop more effective working relationships between SSA’s and local government members of Bunbury-Wellington group.

5. Redevelopment of Current Facility Infrastructure: Within the Bunbury- Wellington District there

are a number of facilities which have been identified as being critical to the development of Regional Sport and Recreation. These facilities can be identified as: Aquatic and Recreation Centres (e.g. SWSC, Leschenault Leisure Centre, Eaton

Recreation Centre, Roche Park Recreation Centre, Collie Mineworkers Memorial Pool and Donnybrook Recreation Centre). These ideally will be dealt with under three distinct categories:

o Aquatic Facilities (standalone) o Recreation Centres (standalone) o Leisure and Aquatic Centres (dual facilities)

Significant playing pitch provision (e.g. Hay Park, Hands Oval, Eaton Oval, Leschenault Recreation Park).

It is important to ensure that all Bunbury- Wellington District’s partners support and endorse the regeneration and redevelopment of these regional facilities as a priority for the region.

6. Joint Position Statements / Guidance: It was evident from discussions held with local

government partners, that the current suite of planning policies is having a detrimental effect on the provision of some sport and recreation facilities, most notably active sporting reserves.


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This needs to be addressed as a priority and a consistent approach is required to be developed across local governments within the Bunbury-Wellington partnership to ensure a strong negotiation position, particularly when addressing cross boundary deficiencies. A number of position statements /guidance have been identified for consideration for development during the life of this strategic plan.

7. Active sporting reserves: The significant population expansion expected over the next 10 to 20

years particularly within the Shires of Dardanup, Capel, Harvey and City of Bunbury will put added pressure on the use and capacity of existing facility infrastructure. Ongoing research and analysis is required on the capability of reserves to meet the growing demand for formal pitch sport provision.

8. Asset management: It was evident that Asset Management Planning is undertaken on an as

needs basis and that a number of local government sport and recreation facilities are in need of modernisation and improvement. The management and maintenance of assets is a critical concern and budgets will need to be adjusted to reflect the actual costs and set aside resources within a 15 year financial plan. This may result in potential rationalisation of the current asset base; alternative investment mechanisms and greater assistance being sought from state government agencies including DSR.

Participation Data All data referred to is from the Australian Sports Commission, AusPlay Key National Findings Report (Oct 2015-Sept 2016) The most recent participation data provided by the Federal government through Ausport provides some insight into current trends of physical activity amongst Australians; these should also be considered as part of the project. Some of the most relevant statistics are provided below (data is for the 2015/16 period):

• 79% of Australians aged 15 or over participated in a sport of physical activity once per week.

• Of these 59% participate 3 or more times per week. • 69% of children participated in organised sport of physical activity outside of school

hours. • Of these only 19% are active at least 3 times per week. • Participation rates between males & females are similar across life stages.

The primary motivations for being physical active are:

• General health and fitness • Fun and enjoyment • Social reasons

Broadly these motivations apply equally between males and females. Sports clubs play an important role in participation; this importance declines with age as self- organised activities become progressively more prevalent. Sports clubs are even more important when considering participation by children with at least 60% of 9-14 year olds participating through a sports club.


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The most popular sports for adults and children (nationally) are listed below.

Top Activities – Adults (national) Top Activities – Children (national) Walking (recreational) 42.6% Swimming 30.0% Fitness/Gym 32.1% Football (Association) 14.7% Athletics/Jogging/Running 15.8% Football (AFL) 8.0% Swimming 14.5% Gymnastics 7.4% Cycling 11.7% Netball 7.2% Football (association) 5.8% Dancing 7.2% Bush Walking 5.4% Basketball 6.5% Golf 5.2% Tennis 6.1% Tennis 4.8% Cricket 5.6% Yoga 4.4% Athletics 4.4% Basketball 3.4% Basketball 6.5% Cricket 3.3% Tennis 6.1% Netball 3.2% Cricket 5.6% In WA the most popular adult club sports were Golf, AFL, Football, Tennis and Basketball. Analysis of Financial and Budget Implications The request for funds identified in the Executive Recommendation will have an impact on the current financial year budget. Any future financial impacts resulting from the strategy will not be determined until the project is completed. The final project report will include recommendations and associated financial impacts on the Long Term Financial Plan and associated future budgets. Community Consultation Previous consultation with stakeholders from previous reports and studies will be referenced and ‘ground truthed” as part of the project. Consultation with key stakeholders (internal and external) will form a key part of the project. In addition the Department of Local Government, Sport and Cultural Industries and Shires of Capel, Dardanup and Harvey are recognised as being key strategic partners and as such will be consulted to ensure that the City’s strategy forms and informs cross LGA boundary decision making in relation to sporting facility provision and integrates with the State government’s state and regional priorities. Councillor/Officer Consultation Elected Members were presented with a project overview on February 16th, Community Sport and Recreation are working directly on the project, other departments that will be required to provide input include Assets, Building & Trades, Major Projects & Property and Landscape & Open Space. Outcome – Council Meeting 20 March 2018 Pursuant to Standing Order 5.5 the recommendation (as printed) from the Executive was moved Cr Cook seconded Cr Hayward and adopted (’en bloc’) to become the Council’s decision on the matter.


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Council Decision 72/18 That Council agree that the following Community Sport and Recreation Strategy strategic project objectives will define and inform the recommendations of the completed strategy: • Co-location of user groups at multi use facilities including the potential to consolidate and/or relocate existing user groups. • Establish a portfolio of financially sustainable facilities that maximise multi-use opportunities, reduce duplication and provide an efficient portfolio of sporting facilities to the Community. • Provide fit for purpose, modern facilities that meet the funding requirements of the State Government. • Plan, develop, redevelop and adjust facility provision within the City (and within a Greater Bunbury regional context) to ensure an equitable distribution of sporting facilities across the Bunbury Wellington region and an alignment with the State Government’s Bunbury Wellington Sports Facilities Plan. CARRIED 11 votes “for” / Nil votes “against”


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10.6 Department of Local Government, Sport and Cultural Industries CSRFF Application March 2018 (was listed as item 10.3.3 on the Council Agenda)

Applicant/Proponent: Internal Report Responsible Officer: Gary Thompson, Acting Manager Sport and Recreation Responsible Manager: Gary Thompson, Acting Manager Sport and Recreation Executive: Stephanie Addison-Brown, Director Corporate and Community Services Authority/Discretion ☒ Advocacy



Attachments: Appendix DCCS-4: CSRFF Application – Koombana Bay Sailing Club Summary Council has received one (1) external Community Sport and Recreation Facility Funding (CSRFF) small grant application for the March 2018 round of funding grants from the Koombana Bay Sailing Club (the Club) seeking a financial contribution of $50,000 (ex GST) from Council for the purpose of refurbishing the male toilets and change room facilities within the Club’s building. Executive Recommendation That Council: 1. Support the Koombana Bay Sailing Club CSRFF application; 2. Endorse the allocation of $50,000 from the 2017/2018 budget in support of the CSRFF

application. Voting Requirement: Simple Majority Required Strategic Relevance Key Priority Area 1 Community and Culture Objective 1.1 Establish Bunbury as the most accessible regional city in Australia by 2020 Key Priority Area 1 Community and Culture Objective 1.4 Increase participation in sport and leisure activities Background The Club were successful in 2013 in receiving CSRFF funding to upgrade their female toilets and changing rooms and the Club see this proposed project of upgrading the male facilities as complementing the female toilets and changing rooms. The Club submitted a CSRFF application in 2014 and 2016 to upgrade the male toilets and changing room facilities but they were unsuccessful, with Council deciding to support the project in 2014 but not provide financial assistance. Council decided in in 2016 to support the project and ask Council to consider allocating $50,000 at the October 2016 budget review for the purpose of the Club’s future CSRFF application. At its Meeting held 9 August 2016 Council decided (280/16) in part:


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“That Council: 1. Support the Koombana Bay Sailing Club CSRFF application; 2. Consider allocating $50,000 to the Koombana Bay Sailing Club for the purpose of their

CSRFF application at the October 2016 budget review;” The purpose of this report was to ensure that the funds would be considered for inclusion in the 2016/17 Budget so that when the next application was received there were funds to support it. At its Meeting held 21 March 2017 Council decided (108/17) “That Council: 1. Support the Koombana Bay Sailing Club CSRFF application; 2. Endorse the allocation of $50,000 from the 2016/2017 budget in support of the Club’s

CSRFF application.” The October 2016 budget review approved the allocation of $50,000 towards the club’s CSRFF application but the application was not approved by DLGSC. The $50,000 allocation from the 2016/2017 budget was carried forward into the 2017/2018 budget to aid the club in pursuing further approval for their project. The DLGSC administers the CSRFF program for small, annual and forward planning grants. Applications for the current round (March 2018) are to be submitted to DLGSC’s South West Regional Office no later than 30 March 2018. Successful applicants are expected to be advised in June 2018. The CSRFF program operates on a reimbursement system with grants paid to the grantee only. The maximum CSRFF grant approved by the State Government will be no greater than one-third of the total estimated cost of the applicant’s project and must be matched by the applicant’s own cash or in-kind contribution. Furthermore the balance of the final one-third of requisite funds required is to be sourced by the applicant. It is a requirement that applicants first discuss their proposal with the DLGSC Regional Manager to be able to receive the formal CSRFF application form. The DLGSC will also identify any shortcomings and offer assistance to bring an application up to an acceptable standard. The DLGSC requires the Council to provide its support (or otherwise) for projects. A copy of the Koombana Bay Sailing Club CSRFF application is attached at Appendix DCCS-X. Council Policy Compliance There are no Council policies applicable to CSRFF applications. Legislative Compliance Not applicable.


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Officer Comments Council has received an application from the Koombana Bay Sailing Club (the Club) seeking a financial contribution of $50,000 (ex GST) from Council for the purpose of refurbishing the male toilets and change room facilities within the Club’s building. The Department of Local Government, Sport and Cultural Industries (DLGSC) requires the provision of a Council decision supporting the CSRFF application for funding before it can be considered by DLGSC. The application must be submitted to DSR by 30 March 2018. The table below identifies the cost (GST Ex) of the proposed project including detail of the request for funding from Council:

Funding Source Koombana Bay Sailing Club Council Contribution $50,000 Applicants Cash $46,402 Voluntary Labour $17,600 Donated Materials $5,988 Loans and Sponsorship NIL Other State or Federal Funding NIL CSRFF Grant Requested $35,000 Development Bonus Requested NIL Total Cost of Project $154,990

The Club is seeking funding to refurbish and upgrade their male toilets and changing room facilities (the facilities) as they do not meet current standards. The facilities at the Club currently have significant plumbing problems which will be rectified within the refurbishment and upgrade development work. The current door-ways into the male toilets and shower area are too narrow for a wheelchair to access and there is insufficient space for someone in a wheel chair to access these areas comfortably. The Club, through the Rotary Sail Into Life Project, have a number of people with disabilities regularly accessing their facilities and as part of the upgrade and refurbishment to the male toilets and changing rooms, the Club would look to provide an adequate standard for people with disabilities to access their facilities. Analysis of Financial and Budget Implications The funding request from the Koombana Bay Sailing Club is contained in the Council 2017/2018 budget. Community Consultation Nil Councillor/Officer Consultation Nil


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Outcome – Council Meeting 20 March 2018 Pursuant to Standing Order 5.5 the recommendation (as printed) from the Executive was moved Cr Cook seconded Cr Hayward and adopted (’en bloc’) to become the Council’s decision on the matter. Council Decision 73/18 That Council: 1. Support the Koombana Bay Sailing Club CSRFF application; 2. Endorse the allocation of $50,000 from the 2017/2018 budget in support of the CSRFF application. CARRIED 11 votes “for” / Nil votes “against”


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10.7 Membership of the CEO Performance Review Panel and International Relations

Committee (was listed as 10.2.1 of the Council Agenda)

Applicant/Proponent: Internal Responsible Officer: Leanne French, Senior Governance and Risk Officer Responsible Manager: Greg Golinski, Manager Governance Executive: Mal Osborne, Chief Executive Officer Authority/Discretion ☐ Advocacy



Attachments: Nil Summary The purpose of this report is for Council to consider filling the member vacancy on the CEO Performance Review Panel and International Relations Committee caused by the resignation of Councillor Joel McGuiness, effective 7 March 2018. Executive Recommendation That Council: 1. Appoint Cr Miguel as member of the CEO Performance Review Panel. 2. Appoint Mayor Gary Brennan as a member of the International Relations Committee. Voting Requirement: Absolute Majority Required Strategic Relevance Key Priority Area 5: Corporate Objective 5.1: Facilitate community and stakeholder participation in decision-making Background Councillor Joel McGuinness recently announced his resignation effective 7 March 2018, leaving his position on the CEO Performance Review Panel and International Relations Committee vacant. The CEO Performance Review Panel exists as a legal requirement under the terms of the Chief Executive Officer’s contract of employment and the Terms of Reference for this committee is ‘to undertake the annual performance and salary review for the CEO and report to Council’. The International Relations Committee’s (IRC) purpose is to provide advice and support in the ongoing development of relationships and strategic opportunities with Setagaya, Japan, Jiaxing, China and Nha Trang, Vietnam


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Council Policy Compliance The Council Policy Annual Performance Appraisal and Salary Review applies to the CEO Performance Review Panel. Legislative Compliance Subdivision 2 of Division 2 of Part 5 of the Local Government Act 1995 deals with the establishment of committees. Officer Comments To ensure the two committees keep status quo in terms of numbers, it is recommended that Council make an appointment to fill the councillor vacancy that has occurred due to the resignation of Councillor McGuinness. The Deputy Mayor has expressed an interest in being on the CEO Performance Review Panel. Where there is additional interest in this vacancy, the Chief Executive Officer will conduct a ballot to fill this vacancy. Alternatively, Council may wish to consider expanding the membership composition of this Committee, which currently comprises four Elected Members. The Mayor has indicated that he wishes to be a member of the International Relations Committee, pursuant to Section 5.10(4) of the Local Government Act 1995. Section 5.10(4) of the Local Government Act 1995 provides where the Mayor informs the local government of his wish to be a member of the committee, the Council is to appoint the Mayor as a member of that committee. Note that s.5.10(4) of the Local Government Act gives the Mayor priority in this regard, insofar as where the Mayor informs the local government of his wish to be a member of a committee, the Council is to appoint the Mayor as a member of that Committee. Analysis of Financial and Budget Implications Not applicable Community Consultation Not applicable Councillor/Officer Consultation The Deputy Mayor has expressed an interest in being on the CEO Performance Review Panel. Applicant Consultation Not applicable


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Outcome – Council Meeting 20 March 2018 The Mayor advised that he had received a nomination for the CEO Performance Review Panel from Cr Miguel. The Mayor asked if there were any further nominations, with none forthcoming. The recommendation (with the addition of Cr Miguel’s name) was moved Cr Steele, seconded Cr Hayward. The Mayor put the motion to the vote and it was adopted to become the Council’s decision on the matter. Council Decision 74/18 That Council: 1. Appoint Cr Miguel as member of the CEO Performance Review Panel. 2. Appoint Mayor Gary Brennan as a member of the International Relations Committee. CARRIED 11 votes “for” / Nil votes “against”


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10.8 City of Bunbury Strategic Community Plan (was listed as item 10.2.2 on the Council Agenda)

Applicant/Proponent: Internal Report Responsible Officer: Chrissie Lawson, Corporate Performance Officer Responsible Manager: Greg Golinski, Manager Governance Executive: Mal Osborne, Chief Executive Officer Authority/Discretion ☐ Advocacy



Attachments: Appendix CEO-1: Draft Strategic Community Plan Summary The purpose of this report is for Council to consider adopting the City of Bunbury Strategic Community Plan 2018-2028 (the SCP). Executive Recommendation That Council: 1. Note the submissions received and community engagement activities undertaken in

relation to the draft Strategic Community Plan. 2. Adopt the Strategic Community Plan as presented at Appendix CEO-1. 3. Request the Chief Executive Officer provide local public notice of the adoption of the

Strategic Community Plan. Voting Requirement: Simple Majority Required Strategic Relevance The draft SCP as presented at Appendix CEO-1 is the result of a major review of the City’s existing document. Background Legislation requires local governments to have in place an SCP, with the City’s current document formally adopted on 9 April 2013. An SCP is required to be reviewed every four years, with the last review of the City of Bunbury SCP taking place in March 2015. As part of the adoption of the original SCP in 2013, the City committed to undertaking a desktop review every two years and a major review of the document every four years, in line with legislation. The current review fulfils the requirements of a major review, with extensive community consultation having taken place. Following the draft SCP being released for public comment in February 2018, a final SCP is now presented to Council for consideration for final adoption.


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Council Policy Compliance Not applicable. Legislative Compliance Section 5.56 of the Local Government Act 1995 and regulation 19C of the Local Government (Administration) Regulations 1996 apply. Officer Comments The City has undertaken extensive community consultation in developing the draft SCP, a summary of which is contained within the document itself pursuant to regulation 19C (10) of the Local Government (Administration) Regulations 1996. The consultation aspect of the SCP was undertaken by independent community engagement firm Localise, the results of which were used to form the framework of the draft SCP, being the Vision, Themes, Goals and Objectives. These were also compiled by Localise as an independent representation of feedback received across the various channels of engagement. Following the release of the draft document for final feedback in February 2018, a total of 13 submissions were received by 6 March 2018. These comprised 11 submissions via Survey Monkey, and 2 submissions via email, summarised as follows.

Key Points of Submission Officer Comment

Future rail link to Bunbury Noted – advocacy for such a project by the City is covered under Objective 4.1

Greater focus on waste management – more bins Noted for operational purposes New skate park Noted – is project specific

Development within CBD Noted – covered by Objectives 2.2 and 3.2

Development of a botanical garden as a tourism draw card Noted – is project specific

Increase in strategies to promote indigenous culture; greater focus on MARCIA

Noted – indigenous culture is covered within Objective 1.3, and specifically the Reconciliation Action Plan; MARCIA is a standalone Objective (1.5)

An excellent Vision Noted Good overall – more focus on sport and recreation Noted – covered by Objective 1.2

Development in Withers Noted – local area planning is covered within Objective 3.3, and specifically the Withers Local Area Plan

Development in Withers See above More funding for sport and recreation facilities Noted – covered by Objective 1.2 Inclusion of additional events within the community profile; happy to see pathways included Noted and included

Inclusion of additional events within the community profile Noted and included


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The total amount of community engagement regarding the development of the draft SCP is summarised in the table below:

Engagement Method Participation Community Perception Survey 535 Community Survey 349 Youth Survey 186 Elected Member Workshop (including Executive Team) 14 City of Bunbury Managers Workshop 16 Community Conversation Workshop – Parks Centre 105 Community Conversation Workshop – Bunbury Centrepoint 78 Community Conversation Workshop – Bunbury Forum 108 Community Conversation Workshop – Bunbury Regional Art Galleries 5 Community Conversation Workshop – Bunbury Markets 90 Stakeholder Focus Group Workshop 47 Submissions on draft Strategic Community Plan 13

Total Participation 1,546 It is the opinion of Officers that the City has not received any adverse responses to the draft SCP during the public advertising period. Accordingly, the Goals, Themes and Objectives outlined within the document are considered appropriate, and form a robust framework to drive the City’s integrated planning over the next 10 years. Some minor changes have been made to include additional key events as raised by two of the submitters. It must also be noted than many of the submissions referred to either operational or project-specific items, which is not the intent of the SCP, which exists to provide a broad strategic direction for the City for the next 10 years. Notwithstanding, these comments have been noted and will be taken into consideration by Officers and Council during deliberations for the next iteration of the Integrated Financial Plan and future budgets. Pending adoption of the SCP by Council, the framework will then form the basis of the next iteration of the City’s integrated financial plan, and 2018/19 budget. Analysis of Financial and Budget Implications Advertising costs have been sufficiently allocated within the 2017/18 budget. Community Consultation In developing the draft SCP, the City (through Localise) has engaged over 1500 participants through various surveys, workshops, community conversations and focus group sessions as listed below: Engagement Method Participation Community Perception Survey 535 Community Survey 349 Youth Survey 186 Elected Member Workshop (including Executive Team) 14 City of Bunbury Managers Workshop 16 Community Conversation Workshop – Parks Centre 105 Community Conversation Workshop – Bunbury Centrepoint 78


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Community Conversation Workshop – Bunbury Forum 108 Community Conversation Workshop – Bunbury Regional Art Galleries 5 Community Conversation Workshop – Bunbury Markets 90 Stakeholder Focus Group Workshop 47 Submissions on draft Strategic Community Plan 13

Total Participation 1,546 Councillor/Officer Consultation The SCP was workshopped with Councillors, Executive Leadership, Management and various officers during the community consultation period. Applicant Consultation Not applicable. Outcome – Council Meeting 20 March 2018 The recommendation (as printed) was moved Cr McCleary, seconded Cr Miguel. The Mayor put the motion to the vote and it was adopted to become the Council’s decision on the matter. Council Decision 75/18 That Council: 1. Note the submissions received and community engagement activities undertaken in

relation to the draft Strategic Community Plan. 2. Adopt the Strategic Community Plan as presented at Appendix CEO-1. 3. Request the Chief Executive Officer provide local public notice of the adoption of the

Strategic Community Plan. CARRIED 11 votes “for” / Nil votes “against”


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10.9 Proposed Permanent Change of Use for Industry – Noxious Use at Lot 30 (#22)

Palmer Crescent, Davenport (was listed as item 10.4.1 of the Council Agenda)

File Ref: P07308-03, DA/2017/258/1 Applicant/Proponent: David Evans Responsible Officer: Kaysanne Knuckey, Planning Officer Responsible Manager: Thor Farnworth, Manager Sustainability, Planning and Development Executive: Felicity Anderson, Acting Director Planning and Development Services Authority/Discretion ☐ Advocacy


☐ Review ☒ Quasi-Judicial ☐ Information Purposes

Attachments: DPDS-1: Location Plan DPDS-2: Previous Council Decisions and State Administrative Tribunal Appeals DPDS-3: Schedule of Submissions DPDS-4: Letter from Department of Water and Environmental Regulation dated 27 February 2018

Summary A new application for development approval has been lodged by the owner of Geographe Sandblasting, a sandblasting and spray painting business located at Lot 30 (#22) Palmer Crescent in Davenport. Geographe Sandblasting is currently operating as an ‘industry - noxious’ use at the subject site under a temporary development approval, which is due to expire on the 31 March 2018. The applicant is seeking a new approval to permit the ongoing operation of a registered noxious industry use on a permanent basis, in accordance with the conditions of its current temporary approval. A temporary development approval was originally granted for the ‘industry – noxious’ use on 8 December 2015, on the basis that the strategic intent of this particular industrial area was in a state of transition, to be rezoned from the ‘Industry Zone’ under Town Planning Scheme No. 7 (TPS7) to ‘Light Industry Zone’ under draft Local Planning Scheme No. 8 (LPS8). Public consultation of the proposal has occurred, with a total of 18 submissions being received during the advertising period; of which nine were objections and nine were comments of support. The issues of land use conflict, non-compliance with previous planning conditions, potential health risks, and the environmental impacts of dust, fumes and noise emissions were the main concerns raised. The development application was also referred to a number of State government agencies, with advice being received from the Department of Water and Environmental Regulation, Department of Planning, Lands and Heritage and Department of Fire and Emergency Services; none of which objected to the proposal. Given that objections were received, the application is presented to Council for its determination. Under the imminently to be gazetted LPS8 only ‘industrial – light’ land uses are to be permitted in the ‘Light Industry Zone’. As such, it is considered that the current noxious industrial development


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is inconsistent with the definition of an ‘industry - light’ use and the associated objectives of the ‘Light Industry Zone’, as no evidence has been supplied to demonstrate that the business and its operation is intended to change under the terms of the temporary approval for ‘industry- noxious’. Therefore, due to the submission of resident’s objections and the incompatibility / lack of permissibility of an ‘industry – noxious’ land use in a ‘Light Industrial Zone’, the proposal is recommended for refusal. Executive Recommendation That Council: 1. Refuse the application for development approval for an ‘industry – noxious’ use

(sandblasting and spray painting business) at Lot 30 (#22) Palmer Crescent, Davenport for the following reasons: 1.1 The industrial development is inconsistent with the ‘industry – light’ land use class

definition under draft Local Planning Scheme No. 8, which is a seriously entertained proposal endorsed by the Minister for Planning.

1.2 The industrial development is inconsistent with the objectives of the ‘Light Industry

Zone’ under draft Local Planning Scheme No. 8. 1.3 The applicant has not demonstrate how the operation or business practices will

change from the approved ‘industry – noxious’ land use to an ‘industry – light’ land use.

1.4 The industrial development is located within the buffer separation distance of 200

metres for spray painting, as specified in Environmental Protection Authority (EPA) Guidance Statement No. 3 (June 2005), and will likely have a continued adverse impact on the residential amenity and public open space facilities in proximity.

1.5 The development is not compatible with its setting, and is contrary to Schedule 2,

clause 67 items (a), (b), (c), (m), (n), (r), (y), (za) and (zb) of deemed provisions in the Planning and Development (Local Planning Schemes) Regulations 2015.

2. Upon expiration of the temporary approval (DA/2017/196/2) on 31 March 2018, the

development and all associated operations shall cease to operate within 90 days. 3. Advises the applicant, landowner and submitters of Council’s decision. Voting Requirement: Simple Majority Required Strategic Relevance Key Priority Area 3: Natural and Built Environment Objective 3.3 Improve public health and safety. Objective 3.4 Facilitate urban design, diversity of land uses, and enabling infrastructure. Key Priority Area 4: Regional Economy


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Objective 4.3 Promote Bunbury as a place that supports commercial, residential and social development.

Background A summary table of details relating to the subject site are as follows: Property Address: Lot 30 (#22) Palmer Crescent, Davenport Zoning: Town Planning Scheme No. 7 - ‘Industry Zone’

Draft Local Planning Scheme No. 8 - ‘Light Industry Zone’ Existing Land Use: Industry - Noxious Lot Area: 4,027m² It should be noted that at the time of writing, Town Planning Scheme No. 7 (TPS7) was still the operational Scheme. However, this is pending the imminent gazettal of Local Planning Scheme No. 8 (LPS8), which the Western Australian Planning Commission (WAPC) has given its approval to gazette. The subject site is located adjacent to the cul-de-sac of Palmer Crescent and is bounded by industrial development to the north and south-east; and to the west and south-west adjoins land reserved as Regional Open Space (i.e. Armanta Drive Reserve and Loughton Park respectively). Loughton Park contains playground equipment, a cricket pitch and outdoor basketball court, the closest of which is located approximately 100 metres from the subject lot. Adjacent to the reserves is the residential area of Kinkella Park, with the closest residential lot located approximately 113 metres from the subject lot. A location plan showing the subject site and its surrounds is attached at Appendix DPDS-1. Existing development of Lot 30 (#22) Palmer Crescent consists of two large sheds, with the front shed being used for sandblasting activities and the rear shed used for spray painting activities. No new development is proposed as part of this application. The site has been the subject of previous Council decisions and State Administrative Tribunal appeals, a full summary of which is attached at Appendix DPDS-2. The most recent temporary approval (DA/2017/196/1) that was granted by Council on 8 December 2015, subject to conditions (Decision 433/15), is due to expire on 31 March 2018. On 21 June 2016 the applicant sought an amendment to the temporary development approval issued in 2015, in order to amend the conditional operating hours and to delete a condition requiring the instillation of a solid boundary fence. This application was refused by the Council on 20 September 2016 (Decision 348/16). Subsequently, the applicant applied to the State Administrative Tribunal to review that decision, which was determined in favour of the applicant. The applicant has been operating under this amended temporary approval (DA/2017/196/2) issued in 2016, and is now reapplying for a permanent approval.


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Legislative and Council Policy Compliance The following statutory planning instruments of the State Planning Framework and Local Planning Framework are applicable to the assessment of this application for development approval: - Planning and Development Act 2005; - Planning and Development (Local Planning Schemes) Regulations 2015; - Greater Bunbury Region Scheme (GBRS); - City of Bunbury Town Planning Scheme No. 7 (TPS7); - City of Bunbury Local Planning Strategy (LPS); and - Draft City of Bunbury Local Planning Scheme No. 8 (LPS8). Officer Comments Zoning Transition At the time of the temporary approval (DA/2017/258/1) being granted on 8 December 2015, TPS7 was the operative scheme and LPS8 was still a draft document. During the drafting and consultation stages of writing the Local Planning Strategy, a crucial issue identified was the need to change the single ‘Industry Zone’ under TPS7 and divide it into separate light industry and general industry zones under LPS8. The intention behind splitting the zone under the Local Planning Strategy, which is common practice across the state, was in recognition of the need to ‘… facilitate the relocation of industrial land uses in unsuitable locations to appropriately located and serviced sites in order to avoid conflicts and to support sustainable industrial developments.’ The Local Planning Strategy further defines the intent of the new ‘Light Industry Zone’ as being the following:

‘As the population of Bunbury grows and its urban footprint expands, it is appropriate for the character of industrial development within parts of the city to transition from the more traditional and general forms, to light, service and technology business types. In facilitating such a transition, whilst also acknowledging the differing character and opportunities available to the various industrial areas, the strategic intent seeks to further: - the gradual relocation of General Industry to more suitable locations outside the City of

Bunbury’s municipal boundary; - the timely development of existing industrial zoned land within the City, with particular

emphasis placed on accommodating smaller, more employment intensive, clean, light, high-tech and service industries; and

- ensuring that industrial areas and supportive freight/transport networks that are

particularly beneficial to the Port are appropriately planned and managed.’ Draft LPS8 outlines the objectives of the ‘Light Industry Zone’ as being:

‘- To provide for a range of industrial uses and service industries generally compatible

with urban areas, that cannot be located in commercial zones.


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- To encourage the development of safe, clean and attractive light industrial areas that

contribute positively to the overall city image by ensuring that acceptable levels of safety and high standards of visual and environmental amenity are provided within sites.

- To ensure that where any development adjoins zoned or developed residential

properties, the development is suitably set back, screened or otherwise treated so as not to detract from the residential amenity.’

The Local Planning Strategy is now an endorsed planning document that has established a new direction for the planning of industrial areas in the City of Bunbury. Furthermore, LPS8 is now considered a ‘seriously entertained’ statutory planning document, due for imminent gazettal; therefore it should be given a high level of weight in any planning consideration. Land Use Planning Framework This latest application seeks approval for the continuance of sandblasting and spray painting indefinitely at the subject site in accordance with the conditions of its amended temporary approval (DA/2017/196/2), as granted by the State Administrative Tribunal on 8 December 2015. Under the current temporary approval, the activities were approved as ‘industry – noxious’ in accordance with the land use class definition contained in Schedule 1 of the Scheme, which is defined as an industry:

‘a) which by reason of the processes involved, the method of manufacture, the nature of the materials used or produced, and/or the emissions of other by-products released into the atmosphere, water or ground requires separation from other land uses and/or buildings in the interests of human enjoyment or comfort; …’

While under TPS7 ‘industry – noxious’ was able to be approved as an ‘A’ use in the ubiquitous ‘Industry Zone’, under LPS8 the definition of ‘industry – noxious’ will no longer exist as a land use class. Furthermore, with the change in zoning to that of ‘Light Industry Zone’ under LPS8, only those industrial activities that can be approved as an ‘industry – light’ use will be permitted in such locations, as the typically larger scale and higher impacting industrial activities that fit the ‘industry – general’ land use class definition will be an ‘X’ use and thereby not permitted by the new Scheme. The revised land use class definition of ‘industry’ under Schedule 1 of draft LPS8 is given as:

‘premises used for the manufacture, dismantling, processing, assembly, treating, testing, servicing, maintenance or repairing of goods, products, articles, materials or substances and includes facilities on the premises for any of the following purposes - (a) the storage of goods; (b) the work of administration or accounting; (c) the selling of goods by wholesale or retail; (d) the provision of amenities for employees; and


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(e) incidental purposes.’

The land use class definition of ‘Industry – light’ has also been revised and is defined under Schedule 1 of draft LPS8 as:

‘premises used for an industry where impacts on the amenity of the area in which the premises is located can be mitigated, avoided or managed.’

The applicant has provided no evidence to demonstrate that the operation of the business has been amended to align with the ‘industry – light’ land use definition and to be compatible with the adjacent residential land uses. Therefore, it has been determined that the activities still align with the ‘industry – noxious’ definition under TPS7 or the more general ‘industry’ definition under draft LPS8. Being previously approved under the land use class of ‘industry – noxious’, which is classified as an ‘A’ use in the ‘Industry Zone’ under TPS7, and given the exhaustive planning history of the site, the application has again undergone the standard consultation process (i.e. public advertising for a minimum of 14 days) in accordance with the Planning and Development (Local Planning Schemes) Regulations 2015. Council in exercising its discretion to grant development approval is to have due regard to the matters listed in the Regulations at Schedule 2, deemed clause 67, including:

‘(a) the aims and provisions of this Scheme and any other local planning scheme operating

within the Scheme area; (b) the requirements of orderly and proper planning including any proposed local planning

scheme or amendment to this Scheme that has been advertised under the Planning and Development (Local Planning Schemes) Regulations 2015 or any other proposed planning instrument that the local government is seriously considering adopting or approving;

(c) any approved State planning policy; (d) any environmental protection policy approved under the Environmental Protection Act

1986 section 31(d); (g) any local planning policy for the Scheme area; (n) the amenity of the locality including the following -

(i) environmental impacts of the development; (ii) the character of the locality; (iii) social impacts of the development;

(o) the likely effect of the development on the natural environment or water resources and

any means that are proposed to protect or to mitigate impacts on the natural environment or the water resource;


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(r) the suitability of the land for the development taking into account the possible risk to human health or safety;

(x) the impact of the development on the community as a whole notwithstanding the

impact of the development on particular individuals; (y) any submissions received on the application; (za) the comments or submissions received from any authority consulted under clause 66; (zb) any other planning consideration the local government considers appropriate.’

Land Use Compatibility The land use is operating inside of the generic buffer distances set out in the Environmental Protection Authority (EPA) Guidance Statement No. 3 (June 2005), which provides guidance on appropriate separation distances between industrial and sensitive land uses (e.g. recreational and residential development). In this case the site adjoins land used for recreational purposes and is at minimum 100 metres away from playground equipment and 115 metres away from residential development. Guidance Statement No. 3 stipulates that the buffer distance for spray painting should be 200 metres and sandblasting is on a case-by-case basis. Paragraph 4.4.1 of the EPA guidance statement specifies that ‘where the separation distance is less than the generic distance, a scientific study based on site and industry-specific information must be presented to demonstrate that a lesser distance will not result in unacceptable impacts’. Environmental Considerations Environmental Assets The subject site abuts land that is reserved under the Greater Bunbury Region Scheme (GBRS) as ‘Regional Open Space Reserve’. The reserved bushland portions contain: - conservation category and multiple use wetlands; - very good condition vegetation; - mapped occurrence of Diuris drummondii, commonly known as the Tall Donkey Orchid,

which is listed as declared rare flora under the Wildlife Conservation Act 1950 and as vulnerable flora under the Environmental Protection and Biodiversity Conservation Act 1999 (EPBC Act);

- A known population of Austrostipa bronwenae, which is listed as declared rare flora under

the Wildlife Conservation Act 1950; - Department of Parks and Wildlife has advised that the Swan Coastal Plain Community Type 9

Threatened Ecological Community protected under the EPBC Act, is highly likely to be present;


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- a known habitation of the protected and critically endangered Western Ringtail Possums; and

- likely foraging habitat of Western Australian black cockatoos, which are listed as threatened

species under the EPBC Act. Under the previous temporary approval (DA/2015/196/1), it was conditioned for the proponent to submit an Environmental Management Plan (EMP) prepared by a suitably qualified person or body to the satisfaction of the City of Bunbury. An EMP was prepared by Strategen Environmental Consultants Pty Ltd in May 2016 and endorsed by City of Bunbury officers. Dust and Odour City Planning and Environmental Health Officers visited the subject site on 24 November 2017. On this day, visible dust was observed leaking from the dust extraction system of the shed where sandblasting activities occur. Gaps in the shed were inadequately sealed, also allowing for the escape of dust. Significant amounts of used garnet from the sandblasting process were noted on the ground in the yard of the property with some material also observed on the verge exterior to the property boundary on Palmer Crescent. Regulation 5 of the Environmental Protection (Abrasive Blasting) Regulations 1998 states:

‘5. Blasting chambers An operator must ensure that a blasting chamber - (a) is completely sealed; or (b) is fitted with a mechanical ventilation and dust extraction system which is operating

so that - (i) no visible dust escapes from the blasting chamber; (ii) all air from the blasting chamber passes through the ventilation and dust

extraction system before being discharged into the environment; and (iii) air discharged into the environment does not contain any visible dust or

more than 50 milligrams of particulate matter per cubic metre.’ It is evident from the site inspection that compliance with either of the above regulations is not currently being achieved, and is also in contradiction with the approved EMP. Table 3 of the EMP identifies controls for dust from sandblasting operations (E1) - including that the dust extraction system is to be operated and maintained in order to ensure that there are no visible signs of dust emitted from the cyclone stack and that daily monitoring of dust emissions is undertaken by site personnel. Contingency measures state that if visible dust is observed from the cyclone stack, then operations are to cease and action taken to ensure no further dust is emitted. Table 3 also identifies inadequate management of solid wastes (dust and used garnet) (E5) as a risk. The EMP states that visual inspections are to be undertaken at least daily and any spilt material is to be recovered immediately. Contingency measures for this risk state that should the existing control measures be inadequate, then the dust extraction system and sandblasting shed will be upgraded to meet the necessary requirements.


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Noise It was noted by City officers during two separate site visits (one to the subject site and one to the adjoining parkland), that the noise emitted from the generator and compressor equipment on site was significant and potentially impacted on the amenity of nearby residential land uses. It is understood that the generator is necessary to provide sufficient electricity for the plant and equipment when sandblasting. This generator starts up when the equipment is operative and is a substitute for connecting to mains three phase power, which is available to the boundary of the site. It is understood that the absence of three phase power connection is due to the associated financial expense. Options In accordance with clause 68 of the deemed provisions under the Planning and Development (Local Planning Schemes) Regulations 2015, the local government may determine an application for development approval by: (a) granting development approval without conditions; or (b) granting development approval with conditions; or (c) refusing to grant development approval. The officer recommendation is to refuse the application, based on the use being incompatible with the ‘Light Industry Zone’ and the fact that despite being urged to address the requirements of LPS8 the applicant did not provide any evidence or demonstrate how the business has changed from the temporary approval for ‘industry – noxious’ to a ‘industry – light’ land use. The applicant has had over two years to prepare with the full knowledge that the planning framework was changing (i.e. draft LPS8 was to be finalised) and the area was to be rezoned to ‘Light Industry’. However, Council may wish to consider an alternative recommendation in which to provide a temporary (time limited) development approval, in which to allow the applicant adequate time to either relocate to a more appropriate industrial location, or alternatively change the way the business is developed and operated in order to satisfy the ‘industry – light’ definition and objectives of the ‘Light Industry Zone’. The alternative draft conditional temporary approval is based on the previous approval and has subsequently not been adjusted to contain conditions that will transition the development to the ‘industry – light’ land use. Rather, this additional temporary approval is an option to simply provide the applicant with more time to either relocate from the area, or amend the current buildings, plant and operational practices to submit a new development application that satisfies the ‘industry – light’ land use class definition and meets the objectives of the ‘Light Industry Zone’. Alternative Recommendation That Council: 1. Grant temporary development approval (DA/2017/258/1) for a maximum period of 12

months in accordance with section 72 of Part 9 – Procedure for Dealing with Applications for


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Development Approval under Schedule 2 – Deemed Provisions for Local Planning Schemes of the Planning and Development (Local Planning Schemes) Regulations 2015, to permit a sandblasting and spray painting business at Lot 30 (#22) Palmer Crescent, Davenport, subject to the following conditions: 1.1 All development shall be in accordance with the approved development plans which

form part of this development approval. 1.2 This is a temporary development approval and the development the subject of this

temporary approval must cease on 31 March 2019 at which time this approval will expire pursuant to section 72 dealing with temporary development approval under Part 9 - Procedure for dealing with applications for development approval of Schedule 2 - Deemed provisions for local planning schemes of the Planning and Development (Local Planning Schemes) Regulations 2015.

1.3 This development approval temporarily supersedes and replaces any previous

planning approval granted for the subject site. 1.4 The development subject of this temporary approval must operate in accordance with

the approved Environmental Management Plan dated 13 May 2016. 1.5 The sandblasting and spray painting shall be carried out in the areas identified on the

approved plans. There shall be no sandblasting or spray painting carried out in the open.

1.6 The approved temporary use must only operate between the following times

(excluding Sundays and public holidays): (a) 7am and 5pm Monday to Friday inclusive; and (b) 7am and 5pm Saturday.

1.7 There shall be no storage of materials within the parking, access driveways, or

landscaped areas. 1.8 The approved landscaping areas are to be maintained to the satisfaction of the City of

Bunbury. Advice Notes: (a) The purpose for this temporary time limited development approval is to provide the

applicant with adequate time to relocate the business to a more appropriate industrial location, or alternatively amend current noxious industry operational practices to be consistent with the ‘industry – light’ land use and the objectives of the ‘Light Industry Zone’.

(b) The City of Bunbury advises that should the applicant not wish to amend operational

practices to meet the objectives of the ‘Light Industry Zone’ and subsequently submit a new development application, the development must cease by the 31 March 2019.


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(c) The City of Bunbury advises that the development the subject of this development approval must comply with the Environmental Protection Act 1986 and the Environmental Protection (Noise) Regulations 1997 in relation to noise emissions.

(d) The City of Bunbury advises that the development the subject of this development

approval must comply with the Environmental Protection Act 1986 and the Environmental Protection (Unauthorised Discharge) Regulations 2004 in relation to discharges into the environment.

(e) The development the subject of this development approval must comply with the

requirements of the Health Act 1911 and City of Bunbury Health Local Laws 2001. (f) All verge areas abutting the boundaries of the subject site must remain clear at all

times and must not be used for any other purpose including car parking, trade display, storage and signage to the satisfaction of the City of Bunbury.

(g) The Department of Water advises that the development is to be in accordance with

the department’s following Water Quality Protection Notes (WQPN): - WQPN 52 Stormwater Management at Industrial Sites; - WQPN 51 Industrial Wastewater Management and Disposal; and - WQPN 65 Toxic and Hazardous Substances - Storage and Use. These documents are available from the Department for Water’s website at www.water.wa.gov.au or contact the Department of Water, Bunbury regional office on (08) 9726 4111.

(h) The Department of Water advises that the plant area should have a low permeability

pad or floor that has been chemically sealed to minimise seepage and assist in clean-up of spilt fluids. The plant area should contain chemical spills by for example, impervious perimeter bund or internal collection sump.

(i) The Department of Water advises that fuel or chemicals stored on site should be

contained with a secure weatherproof impervious flooring compound. (j) The Department of Water advises that uncontaminated stormwater is to be kept and

treated separately from contaminated or potentially contaminated stormwater within the subject lot. Uncontaminated stormwater should be treated in accordance with the Stormwater Management Manual for Western Australian (2004-2007).

(k) The Department of Water advises that site staff and contractors should be made

aware of practices designed to minimise contamination loss to stormwater management systems, and site operators and designated staff should be trained to supervise the response to spill incidents.

2. Should a breach of planning condition(s) occur, CEO will commence prosecution for an

offence under section 218 of the Planning and Development Act 2005 (as amended). 3. Advises the applicant, landowner and submitters of Council’s decision.


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Analysis of Financial and Budget Implications If the applicant is aggrieved by Council’s decision they may apply for a review of the decision through the State Administrative Tribunal. If an application is made to State Administrative Tribunal, the City of Bunbury may incur legal costs. The site has been the subject of previous State Administrative Tribunal appeals. The applicant has communicated to the assessing officer that he will apply for a review by the State Administrative Tribunal, should this development application be refused. Community Consultation The development application was advertised for public comment from 2 January 2018 to 22 January 2018. Public consultation measures included the following: - letters to surrounding landowners; - notification signs on site; - public notice of proposal published in a locally circulating newspaper; - notice of proposal on the City of Bunbury’s website; and - copies of the plans and supporting information made available at the City of Bunbury’s

customer service centre. In total 18 submissions were received during the advertising period; of which nine were objections and nine were comments of support. Geographically, there is a correlation between submissions of support sent from residents in the adjoining industrial area and submissions of objection sent from residents in the adjoining residential area. In summary, the objections received raised the following concerns: - the proximity to housing; - the proximity to sensitive wetlands and a children’s playground; - the industrial area should remain ‘industry – light’ only; - the lack of buffer between the proponent and sensitive land uses; - non-compliance with previous planning conditions, particularly in regards to the hours of

operation; - potential health impacts to nearby residents; and - the environmental emissions of dust, fumes and noise. Refer to the Schedule of Submissions attached at Appendix DPDS-3. Previously, the matter has been subject to extensive community consultation and media attention during previous applications.


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Referrals to External Agencies The development application was referred to the following State government departments for referral comments: (a) Department of Planning, Lands and Heritage advises that the development application is

exempt from requiring a GBRS application as the proposed development is ancillary and incidental development that does not encroach onto the reservation and which in the opinion of the local government does not conflict with the purpose of the ‘Regional Open Space Reserve’ stated in clause 10(a) of the GBRS.

(b) Department of Water and Environmental Regulation identified the following risks with the

current operation: - There is the potential for stormwater to transport settled blasting dust (containing

heavy metals), hydrocarbons and other chemicals into the nearby Conservation Category Wetland via sheet flow (during major storm events).

- There is the potential for chemicals (if not stored over a hardstand surface) to leach

into groundwater. - There is the potential for spills during refuelling and leaks from the generator; and

leaks from outdoor equipment into groundwater particularly when not over bunded impermeable hardstand surfaces.

The department also provided risk mitigation strategies that could be incorporated into the business operational practices, however noted that risk mitigation is dependent upon the proponent adequately implementing the risk mitigation measures. The DWER has since provided further advice in its letter dated 27 February 2018 attached at Appendix DPDS-4, which states: - The premises was issued a registration under the Environmental Protection

Regulations 1987 in 2016 for Category 81 Metal Coating. Metal coating activities and the spray booth are required to comply with the Environmental Protection (Metal Coating) Regulations 2001 and relevant Australian Standard AS4114.

- Premises conducting abrasive blasting are required to comply with the Environmental

Protection (Abrasive Blasting) Regulations 1998. - All premises must be compliant with prescribed levels within the Environmental

Protection Regulations (Noise) 1997. - Information provided in the application suggests that the applicant is potentially

operating inconsistently with the aforementioned Regulations and standards and DWER would not support a development application that is inconsistent with these Regulations and standards.

- This information has been forwarded to DWER’s Compliance and Enforcement division

for their own further investigation.


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(c) Department of Fire and Emergency Services advised that the site be required to store the

paints/solvents in a structure that is suitable for such storage as directed by the relevant Dangerous Goods Act, Regulations and Australian Standards. The site should also meet the local government requirements for the maintenance of fire breaks under the Bush Fires Act 1954.

Councillor/Officer Consultation The proposal has been referred to the City of Bunbury’s Development Coordination Unit (DCU) for professional advice and technical assessment prior to the finalisation of this report. Applicant Consultation The draft officer’s recommendation has been communicated with the applicant, which he has verbally expressed his disappointment with the executive recommendation. Planning officers and environmental health officers of the City of Bunbury, have visited the premises subject of this development application, to undertake an overall site visit as well as to view the sandblasting in operation. It has been communicated by City of Bunbury officers to the applicant since the application was lodged, that the onus is on the applicant to provide evidence to demonstrate that the business satisfies the ‘industry – light- definition in the ‘Light Industry Zone’. The applicant has chosen to submit the same plans and information lodged under the previous temporary approval and no new plans or further information have been provided since. Delegation of Authority This application for development approval has been referred to Council for its determination, as submissions objecting to the proposal were received during the public advertising period. Furthermore, the officer’s recommendation is to refuse the application. Therefore, the application must be determined by Council as there is no delegation to officers to refuse applications for development approval.


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Outcome – Council Meeting 20 March 2018 Mr David Evans addressed the Council on this matter. The recommendation (as printed) was moved Cr McCleary, seconded Cr Smith. The Mayor put the motion to the vote and it was adopted to become the Council’s decision on the matter. Council Decision 76/18 That Council: 1. Refuse the application for development approval for an ‘industry – noxious’ use

(sandblasting and spray painting business) at Lot 30 (#22) Palmer Crescent, Davenport for the following reasons:

1.1 The industrial development is inconsistent with the ‘industry – light’ land use class

definition under draft Local Planning Scheme No. 8, which is a seriously entertained proposal endorsed by the Minister for Planning.

1.2 The industrial development is inconsistent with the objectives of the ‘Light Industry Zone’

under draft Local Planning Scheme No. 8. 1.3 The applicant has not demonstrate how the operation or business practices will change

from the approved ‘industry – noxious’ land use to an ‘industry – light’ land use. 1.4 The industrial development is located within the buffer separation distance of 200 metres

for spray painting, as specified in Environmental Protection Authority (EPA) Guidance Statement No. 3 (June 2005), and will likely have a continued adverse impact on the residential amenity and public open space facilities in proximity.

1.5 The development is not compatible with its setting, and is contrary to Schedule 2, clause

67 items (a), (b), (c), (m), (n), (r), (y), (za) and (zb) of deemed provisions in the Planning and Development (Local Planning Schemes) Regulations 2015.

2. Upon expiration of the temporary approval (DA/2017/196/2) on 31 March 2018, the

development and all associated operations shall cease to operate within 90 days. 3. Advises the applicant, landowner and submitters of Council’s decision. CARRIED 10 votes “for” / 1 votes “against”


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10.10 Acquisition of Land – Due Diligence Report (21 Wellington Street - comprising of

Lot 12 Wellington Street and Lots 378, 394 and 412 Prinsep Street) (was listed as 10.4.2 of the Council Agenda)

File Ref: A06338 Applicant/Proponent: Internal Responsible Officer: Kristen Mildwaters, Acting Manager Major Projects and Property Responsible Manager: Kristen Mildwaters, Acting Manager Major Projects and Property Executive: Felicity Anderson, Acting Director Planning and Development Services Authority/Discretion ☐ Advocacy



Attachments: Confidential Appendix CRUSC-2: Due Diligence Report – South’s Building

Summary Following Council’s consideration to acquire 21 Wellington Street (Council Decision 25/18), a comprehensive Due Diligence Report has been prepared to thoroughly inform Council, prior to the City executing a contract of sale to acquire this property. The findings of the Due Diligence Report are referred to Council for consideration have been circulated under separate cover at Confidential Appendix CRUSC-2). Executive Recommendation That Council: 1. Notes the Due Diligence Report prepared for the acquisition of land;

2. Accepts the findings of the report are satisfactory to proceed with the acquisition; and

3. Authorises the Chief Executive Officer to finalise negotiations and enter into a contract of

sale for the acquisition of 21 Wellington Street (comprising of Lots 12 Wellington Street and Lots 378, 394 and 412 Prinsep Street), in alignment to the value and terms outlined in Option 5 as per Council Decision 25/18.

4. Authorise the Mayor and Chief Executive Officer to execute all requisite documentation for

the purchase of 21 Wellington Street (comprising of Lots 12 Wellington Street and Lots 378,394 and 412 Prinsep Street)

Voting Requirement: Simple Majority Required 5. Agrees that the purchase of the site is to be funded from the 2017/18 budget as detailed in

“Option 4” contained in the confidential Due Diligence Report including: a) The Building Restoration and Maintenance Reserve; b) The net proceeds from the sale of City owned property (Lot 33 Strickland Street

Drainage Reserve) and; c) The City’s 2017/18 closing surplus funds.


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Voting Requirement: Absolute Majority Required Strategic Relevance Key Priority Area 2 Transport and Infrastructure Objective 2.3 Maintain a high standard of community infrastructure Key Priority Area 3 Natural and Built Environment Objective 3.4 Facilitate urban design, diversity of land uses and enabling infrastructure Key Priority Area 4 Regional Economy Objective 4.1 Maintain support for local business Objective 4.2 Create an environment that will attract new business 4Objective 4.3 Promote Bunbury as a place that supports commercial, residential and

social development Key Priority Area 5 Corporate Objective 5.6 Improve local, regional, state and national perceptions of Bunbury Background At its Ordinary Meeting held 23 January 2018, Council considered a business case prepared for the possible acquisition of a CBD property and resolved as follows: Council Decision 25/18:

That Council: 1. Notes the Business Case for possible land acquisition; 2. Agrees to Option 5 as identified within this report; and 3. Authorises the Chief Executive Officer to finalise negotiations to the value as identified in

Option 5.

CARRIED 9 votes “for”/ 4 votes “against”

The business case provided a number of alternatives, with “Option 5” having been endorsed as the preferred option. “Option 5” notes specific commercial in confidence details and is outlined in the Due Diligence Report on page 6.

Following endorsement of “Option 5”, City officers commenced the due diligence process. The focus of the due diligence process was to consider not just the condition of the property and its use at present, but to also consider the future possibilities and future use of the property, both by the City and by any third parties. The Due Diligence Report found no adverse issues with the property and provides both a summary of the findings and an in-depth, comprehensive review into the property and its overall condition. On 31 January 2018, the Chief Executive Officer travelled to Perth to advise the vendors of Council’s decision in relation to the acquisition of the property and to further discuss the value of the sale of the site together with other associated matters (discussed in greater detail in CRUSC-2).


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The negotiated sale price for the City to acquire the subject property remains to be that as previously offered by the vendors. Officers have conducted their investigations on the negotiated sale price as part of the due diligence process. Council Policy Compliance The Land Rationalisation and Acquisition Policy applies. Legislative Compliance There is no legislative compliance or specific requirements applicable in this instance. Officer Comments A team of staff across the City as well as external advisors have provided advice and information in the preparation of the Due Diligence Report in order to aid Council in its decision making process. A comprehensive review of the property was undertaken to consider not just the current use but the future use of this property and no adverse issues arose during the due diligence investigations that may suggest the property is not suitable for purchase. Analysis of Financial and Budget Implications A number of options have been considered in order to fund the acquisition of this property. The options identified include loan borrowings, income from the sale of assets and reserve funds or a combination of these. A full description of the options available is included in the Due Diligence Report. It is recommended that the purchase of the subject property, be funded from the 2017/18 budget utilising available funds from within the Building Restoration and Maintenance Reserve, using the net proceeds that the City will receive through the disposal of another City owned property (Lot 33 Strickland Street Drainage Reserve) and funds from the City’s closing surplus position as at 30 June 2018. Community Consultation While the acquisition of this property has been of public interest, no formal community consultation has been undertaken. Councillor/Officer Consultation Since Council Decision 25/18 of 23 January 2018, relevant officers from across the City have prepared the Due Diligence Report and consulted with the Executive Leadership Team to ensure Council is properly informed. The following staff and external consultants were part of the due diligence investigations: • LMW Hegney Property Valuations, Director & Certified Practising Valuer. • Commercial Realty, Principal.


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• The Mayor and Chief Executive Officer have also met with the Sellers to discuss their offer and to discuss the acquisition and terms of any sale following Council Decision 25/18.

• City of Bunbury - Chief Executive Officer - Acting Director Planning & Development Services - Acting Manager Major Projects & Property - Major Projects & Property Officer - Manager Finance - Manager Assets - Manager Information, Communication & Technology - Manager Building & Trades - Team Leader Engineering & Civil Operations - Team Leader Planning & Development Services - Team Leader Environmental Health - Team Leader Building Certification - Senior Planning Officer - Environment Officer

Applicant Consultation The vendors initially approached the City regarding the acquisition of the property and since then have been kept abreast of the progress. The most recent meeting with the Chief Executive Officer was 31 January 2018 and both have been advised of the recommendation pertaining to this Council report. The vendors will continue to be engaged as negotiations are progressed and finalised.

Outcome – Council Meeting 20 March 2018 The recommendation (as printed) was moved Cr Hayward, seconded Cr Morris. The Mayor indicated that he would take the vote on each of the 5 points of the Executive Recommendation separately. The Mayor put executive recommendation point one to the vote, which was carried unanimously. The Mayor put executive recommendation point two to the vote, which was carried 8 votes “for” and 3 votes “against”. Councillors Kelly, Steele and McCleary requested their names be recorded as voting against this. The Mayor put executive recommendation point three to the vote, which was carried 8 votes “for” and 3 votes “against”. Councillors Kelly, Steele and McCleary requested their names be recorded as voting against this. The Mayor put executive recommendation point four to the vote, which was carried 8 votes “for” and 3 votes “against”. Councillors Kelly, Steele and McCleary requested their names be recorded as voting against this.


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The Mayor put executive recommendation point five to the vote, which was carried 8 votes “for” and 3 votes “against”. Councillors Kelly, Steele and McCleary requested their names be recorded as voting against this. Council Decision 77/18 That Council: 1. Notes the Due Diligence Report prepared for the acquisition of land; 2. Accepts the findings of the report are satisfactory to proceed with the acquisition; and 3. Authorises the Chief Executive Officer to finalise negotiations and enter into a contract of sale for the acquisition of 21 Wellington Street (comprising of Lots 12 Wellington Street and Lots 378, 394 and 412 Prinsep Street), in alignment to the value and terms outlined in Option 5 as per Council Decision 25/18. 4. Authorise the Mayor and Chief Executive Officer to execute all requisite documentation for the purchase of 21 Wellington Street (comprising of Lots 12 Wellington Street and Lots 378,394 and 412 Prinsep Street) 5. Agrees that the purchase of the site is to be funded from the 2017/18 budget as detailed in “Option 4” contained in the confidential Due Diligence Report including: a) The Building Restoration and Maintenance Reserve; b) The net proceeds from the sale of City owned property (Lot 33 Strickland Street Drainage Reserve) and; c) The City’s 2017/18 closing surplus funds.


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11. Applications for Leave of Absence

Nil.

12. Motions on Notice

Nil.

13. Questions on Notice

13.1 Response to Previous Questions from Members taken on Notice Nil

13.2 Questions from Members Cr Michelle Steck submitted the following questions in writing prior to the meeting.

Question 1 Given that on Tuesday 13 March 2018 the Bunbury Herald printed “Withers fails taste test”, informing the community that a Domino’s spokesperson confirmed the company had temporarily stopped deliveries to 10 Streets in Withers, which include Hudson Road, Westwood Street, and Wilkerson Way. Also included are Whitley, Hooper, Mawson, Poinciani and Hester places, Rand Court and Reynolds Way. What strategy will council create and adopt to recognise that the suburb of Withers is plagued with anti – social problems? Question 2 Will council commit to a short term solution to tackle the crime within Withers? Question 3 What finances will council commit to combating crime and anti – social behaviour in Withers?

Question 4 What strategy will council engage to assist the residents of Withers to improve personal safety, protection of property, security and the perception, that that the local community within the suburb of Withers is a safe environment to live and raise children? Especially since improving safety and security in general was strongly identified in the results of the community perception survey.


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Question 5 Given that Council has made the decision not continue with the Withers Advisory Committee and there is no adopted strategy designed to target anti – social behaviour and crime within Withers specifically, albeit that the South West Development Commission is still committed to improving the suburb of Withers, what formal structure and decision making process will council adopt, to continue to work with the South West Development Commission on a formal basis? Question 6 Does council recognise that the anti-social behaviour and crime within withers has been continuously increasing for at least 7 years?

Question 7 What are the operational terms of reference for the reference group and who is the chairperson of the Alcohol and Other Drugs Management Plan Reference Group? Question 8 Given the involvement of staff in the reference group was not identified in the 2017-18 budget; what monies have been allocated and from what department?

These questions have been taken on notice and Cr Steck will be provided with a written response in due course. The responses to these questions will also be published in the next Ordinary Council Meeting Agenda dated 3 April 2018.

14. New Business of an Urgent Nature Introduced by Decision of the Meeting Nil

15. Meeting Closed to Public 15.1 Matters for which the Meeting may be Closed

Nil.

15.2 Public Reading of Resolutions that may be made Public Nil.

16. Closure

The Mayor closed the meeting at 5.56pm.

Documents

City of Bunbury Council Minutes 20 March 2018 and Minutes/180320... · 10.1 Amendment to Terms of Reference – Audit Committee (was listed as item 10.1.1 on the Council Agenda)