City of Bunbury Council Minutes 7 August 2018 Council Meeting Minutes... · The City of Bunbury aspires to act in accordance with the following values in all of its decisions and

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 7 August 2018

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Table of Contents

Item No Subject Page

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

2. Disclaimer ............................................................................................................................................... 5

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

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

4.1 Apologies ............................................................................................................................... 7 4.2 Approved Leave of Absence .................................................................................................. 7

5. Declaration of Interest ............................................................................................................................ 8

6. Public Question Time .............................................................................................................................. 8

6.1 Public Question Time ............................................................................................................. 8 6.2 Responses to Public Questions Taken ‘On Notice’ ................................................................ 8

7. Confirmation of Previous Minutes and other Meetings under Clause 19.1 ........................................... 9

7.1 Minutes .................................................................................................................................. 9 7.1.1 Minutes – Ordinary Council Meeting ..................................................................... 9 7.1.2 Minutes – Council Advisory Committees and Working/Project Groups ............... 9

8. Petitions, Presentations, Deputations and Delegations ....................................................................... 10

8.1 Petitions ............................................................................................................................... 10 8.2 Presentations ....................................................................................................................... 10 8.3 Deputations ......................................................................................................................... 10 8.4 Council Delegates’ Reports .................................................................................................. 10 8.5 Conference Delegates’ Reports ........................................................................................... 10

9. Method of Dealing with Agenda Business ............................................................................................ 10

10. Reports .................................................................................................................................................. 11

10.1 Schedule of Accounts Paid for the 1 June 2018 to 30 June 2018 (was listed as item 10.2.1 of the Council Agenda) ............................................................................................................. 11 10.2 Bunbury Museum and Heritage Centre Operating Hours (was listed as item 10.3.1 of the Council Agenda) ................................................................................................................... 12 10.3 Proposed Licence Agreement to the Rear of Bunbury Rowing Club Inc, Portion of Road Reserve Cobblestone Drive, Bunbury (was listed as item 10.4.1 of the Council Agenda) ... 16 10.4 Proposed Single House at Lot 405 (#85) Tuart Street, South Bunbury (was listed as item 10.4.2 of the Council Agenda).............................................................................................. 20 10.5 Proposed Deed of Licence – South West Model Engineers Association Inc. Over Portion of Lot 73 Blair Street, South Bunbury “Forrest Park” (listed as item 10.4.4 of the Council Agenda) ................................................................................................................................ 29 10.6 Proposed Seasonal Non-Exclusive Licence Agreement over portion of Reserve 46746 on Lot 502 Jetty Road, Bunbury to VAT 2 (listed as item 10.4.3 of the Council Agenda) ............... 34

11. Applications for Leave of Absence ........................................................................................................ 38

11.1 Request for Leave of Absence Mayor Brennan ................................................................... 38

Table of Contents

Item No Subject Page

12. Motions on Notice ................................................................................................................................ 39

12.1 Cr Kelly Motion on Notice .................................................................................................... 39

13. Questions on Notice ............................................................................................................................. 42

13.1 Response to Previous Questions from Members taken on Notice...................................... 42 13.2 Questions from Members .................................................................................................... 42

14. New Business of an Urgent Nature Introduced by Decision of the Meeting ....................................... 42

15. Meeting Closed to Public ...................................................................................................................... 43

15.1 Matters for which the Meeting may be Closed ................................................................... 43 15.1.1 CEO Performance Review .................................................................................... 44

15.2 Public Reading of Resolutions that may be made Public ..................................................... 46

16. Closure .................................................................................................................................................. 46

7 August 2018 Minutes – Council Meeting

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Vision

Bunbury: welcoming and full of opportunities.

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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Minutes 7 August 2018

1. Declaration of Opening / Announcements of Visitors The Mayor declared the meeting open at 5.30pm.

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-2018.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.

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

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

http://www.bunbury.wa.gov.au/Pages/Council-Meeting-Videos-2018.aspx

http://www.bunbury.wa.gov.au/Pages/Council-Meeting-Videos-2018.aspx


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3. Announcements from the Presiding Member The Mayor welcomed the recently appointed Director of Planning and Development Services, Mr Gary Barbour. The Mayor advised his fuel costs for the period were $66.62.


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4. Attendance

Present:

Council Members:

Presiding Member: Mayor G Brennan

Members: Deputy Mayor J Miguel

Councillor S Morris

Councillor M Cook

Councillor T Smith

Councillor B Kelly

Councillor B McCleary

Councillor J Hayward

Councillor T Brown

Councillor M Warnock

Councillor K Steele

Executive Leadership Team (Non-Voting)

CEO Mr M Osborne

Director Works and Services Mr G Harris

Director Corporate and Community Services Ms S Addison-Brown

Director Planning and Development Services Mr G Barbour

City of Bunbury Officers (Non-Voting)

Manager Governance Mr G Golinski

Manager Information Communication and Technology Mr M Roberts

Manager Finance Mr D Ransom

Media and Communications Officer Mrs Lee-Maree Gallo

Manager Cultural Development and Libraries Mrs S Chapman

A/Manager Economic Development and Property Mrs K Mildwaters

Council Support Officer Mrs M Keegan

Others (Non-Voting)

Members of the Public 25

Members of the Press 2

4.1 Apologies

Nil

4.2 Approved Leave of Absence

Cr Steck has approved leave of absence for the period 29 July 2018 to 15 August 2018 inclusive.


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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.”

Mayor Brennan declared a financial interest in item 10.4.3 “Proposed Seasonal Non-Exclusive Licence Agreement over portion of Reserve 46746 on Lot 502 Jetty Road, Bunbury to VAT 2” as the proponent is a closely associated person. Mayor Brennan will leave the chamber for the debate and will not vote on this matter. Cr Brown declared an impartiality interest in item 12.1 Motion on Notice Cr Kelly, as he is a part-owner of CBD property. Cr Brown will remain in the chamber for the debate and will vote on this 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

6.2 Responses to Public Questions Taken ‘On Notice’ Nil


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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 24 July 2018 have been circulated. Recommendation The minutes of the Ordinary meeting of the City of Bunbury Council held 24 July 2018 be confirmed as a true and accurate record. Voting Requirement: Simple Majority Required

Outcome – Council Meeting 7 August 2018 The recommendation (as printed) was moved Cr Cook, 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 235/18 The minutes of the Ordinary meeting of the City of Bunbury Council held 24 July 2018 be confirmed as a true and accurate record. CARRIED 11 votes “for” /nil votes “against”

7.1.2 Minutes – Council Advisory Committees and Working/Project Groups Nil


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8. Petitions, Presentations, Deputations and Delegations

8.1 Petitions Pursuant to clause 6.10(2) of the City of Bunbury Standing Orders 2012, upon receiving a petition, the Council is to a) Receive the petition and refer to the relevant officer for a report to be submitted within

the next two (2) rounds of Council meetings; or b) Reject the petition

8.2 Presentations Nil

8.3 Deputations Nil

8.4 Council Delegates’ Reports Nil

8.5 Conference Delegates’ Reports Nil

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 10.2.1, 10.3.1, 10.4.1, 10.4.2, 10.4.4 Items 10.4.3, 12.1 and 15.1.1 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 Miguel.


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10. Reports

10.1 Schedule of Accounts Paid for the 1 June 2018 to 30 June 2018 (was listed as item 10.2.1

of the Council Agenda)

Applicant/Proponent: Internal Report

Responsible Officer: David Ransom, Manager Finance

Responsible Manager: David Ransom, Manager Finance

Executive: Mal Osborne, Chief Executive Officer

Authority/Discretion: ☐ Advocacy

☐ Executive/Strategic

☒ Legislative

☐ Review

☐ Quasi-Judicial

☒ Information Purposes

Attachments: Appendix CEO-1: Schedule of Accounts Paid

Summary

The City of Bunbury "Schedule of Accounts Paid" covering the period 1 June 2018 to 30 June 2018 is attached at Appendix CEO-1. The Schedule contains details of the following transactions:

1. Municipal Account – payments totalling $10,700,407.26

2. Advance Account – payments totalling $7,342,230.04

3. Trust Account – payments totalling $30,901.90

4. Visitor Information Centre Trust Account – payments totalling $15,312.10

5. Bunbury-Harvey Regional Council Municipal Account – payments totalling $645,703.86

6. Bunbury-Harvey Regional Council Advance Account – payments totalling $461,638.36

Executive Recommendation

The Schedule of Accounts Paid for the period 1 June 2018 to 30 June 2018 be received.

Voting Requirements: Simple Majority Required Outcome – Council Meeting 7 August 2018 Pursuant to Standing Order 5.5 the recommendation (as printed) from the Executive was moved Cr Cook seconded Cr Miguel and adopted (’en bloc’) to become the Council’s decision on the matter.

Council Decision 236/18 The Schedule of Accounts Paid for the period 1 June 2018 to 30 June 2018 be received. CARRIED 11 votes “for” / Nil votes “against”


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10.2 Bunbury Museum and Heritage Centre Operating Hours (was listed as item 10.3.1 of the

Council Agenda)

Applicant/Proponent: Internal

Responsible Officer: Sharon Chapman, Manager Libraries and Cultural Development

Responsible Manager: Sharon Chapman, Manager Libraries and Cultural Development

Executive: Stephanie Addison-Brown, Director Corporate and Community Services

Authority/Discretion ☐ Advocacy


☐ Legislative

☒ Review

☐ Quasi-Judicial

☐ Information Purposes

Attachments: Appendix DCCS-1: Bunbury Museum and Heritage Centre Operating Hours Assessment Report

Summary This report has been prepared in response to enquiries from Elected Members regarding the Bunbury Museum and Heritage Centre (the Museum) opening hours, with a specific focus on the possibility of Sunday opening. Executive Recommendation That Council: 1. Receive the Bunbury Museum and Heritage Centre Operating Hours Report; 2. Consider the increase of staffing resources as presented in Option 1 of the Museum and

Heritage Centre Operating Hours Report for a trial period during the 2018-2019 financial year as part of the August 2018 Budget Review; and

3. Request the CEO to undertake a review at the end of the trial and bring a report back to

Council with further recommendations regarding Sunday opening. Voting Requirement: Simple Majority Strategic Relevance Theme 1: Our community and culture Goal: A safe, healthy and cohesive community, with a rich cultural life, and

supportive social environment. Objective 1.4: Arts, culture, heritage and events that enrich our understanding and

enjoyment of life, celebrate our identity and bring the community together.

Theme 3: Our places and spaces Goal: A natural and built environment that reflects Bunbury’s core values. Objective 3.2 An irresistible city centre, with thriving businesses and a vibrant inner-city

residential community.


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Background The Bunbury Museum and Heritage Centre Collection opened to the public in November 2015. At that time, it was determined that the Museum would be open to the public Tuesday through Saturday, and that existing staff would be rostered to work on Saturdays on rotation. It was also resolved that the Museum would recruit volunteers to assist at the Museum from Tuesday to Saturday. In May 2018, a range of projects were presented to Council for consideration for inclusion in the draft annual budget for 2018/19. Executive Recommendation 15 – Increase the Museum Opening Hours was an initial request for $40,000 to consider resourcing the Museum to open on Sundays. Council decided to defer this matter and requested a report be brought back for Council consideration, which assessed the implications and opportunities of Sunday opening in more detail. A range of options to extend or alter opening hours (including Sunday opening) have been prepared as requested, with costs for a range of staffing options outlined. On further investigation, it was clear that only Option 1 and Option 4 meet the requirements of the City of Bunbury Employees 2015 Enterprise Bargaining Agreement (EBA). Options 2, 3, and 5 have been presented for context, and to demonstrate that consideration has been given to alternate staffing models, but are not recommended. With Option 1 or Option 4, changes to the opening hours will require an increase to the salaries budget (either via penalty rates being applied on weekends and/or an increase in overall FTE to cover additional opening hours). Estimated staffing costs for Option 1 are currently in the order of $77K per annum (noting that this amount would be applied pro rata for the 2018/19 financial year). Council Policy Compliance Council Policy: Bunbury Museum, Heritage Centre, and Local Studies Collection Policy. Legislative Compliance The City of Bunbury Museum and Heritage Centre needs to be resourced adequately to aspire to the National Standards for Australian Museums and Galleries (Version 1.2). Officer Comments The current Museum open hours are 10:00am to 4:00 pm from Tuesday to Saturday. Initially a volunteer was also rostered on for Saturdays but volunteer willingness to work Saturdays has proved impossible to maintain or rely upon on a consistent basis. There is no current capacity within the Museum team or salaries budget to both maintain service delivery and enable additional Sunday open hours for the Museum. Alternate options have been provided to Elected Members for consideration in the Bunbury Museum and Heritage Centre Operating Hours Assessment Report (attached at DCCS-1). Five options are detailed for Council consideration, including:


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Option 1: Employ 2 x Part Time Fixed Term Contract Staff (Open Tuesday to Sunday)

Option 2: Maintain Status Quo (Open Tuesday to Saturday)

Option 3: Employ One Part-Time Staff Member (Open Tuesday to Sunday)

Option 4: Staggered Roster by Reducing Week Day Open Hours in Exchange for Sunday (Open Wednesday to Sunday)

Option 5: Employ One Part-Time Weekend Staff Member to work on Saturdays and Sundays every weekend (Open Tuesday to Sunday)

Analysis of Financial and Budget Implications Please refer to the Bunbury Museum and Heritage Centre Operating Hours Assessment Report attached at Appendix DCCS-1 for this detailed information in accordance with the options presented. It is proposed that the City implements a trial of Option 1 for the remainder of the financial year (until 30 June 2019) so that the Museum may open from Tuesday to Sunday. Option 1 in this report would cost an additional $77,441 for a 12 month period. It is envisaged this amount would be applied pro rata and that any remaining balance of funds would be spent on further marketing and promotion of the Museum and of these additional opening hours to Bunbury and a wider tourism audience. This supports Council’s aspiration to support activation of the Bunbury CBD area. A review will be conducted at the end of the trial with a subsequent report being provided to Council which will include visitor numbers and details of the programs which will be offered on weekends (noting it is intended these will support the activation of the CBD). It is proposed that funding of this item would be considered at the August 2018 budget review. Community Consultation The attached report outlines an increase in visitor/tourism numbers since January 2018. Councillor/Officer Consultation Not applicable Applicant Consultation Not applicable


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Outcome – Council Meeting 7 August 2018 Pursuant to Standing Order 5.5 the recommendation (as printed) from the Executive was moved Cr Cook seconded Cr Miguel and adopted (’en bloc’) to become the Council’s decision on the matter.

Council Decision 237/18 1. Receive the Bunbury Museum and Heritage Centre Operating Hours Report; 2. Consider the increase of staffing resources as presented in Option 1 of the Museum and

Heritage Centre Operating Hours Report for a trial period during the 2018-2019 financial year as part of the August 2018 Budget Review; and

3. Request the CEO to undertake a review at the end of the trial and bring a report back to

Council with further recommendations regarding Sunday opening. CARRIED 11 votes “for” / Nil votes “against”


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10.3 Proposed Licence Agreement to the Rear of Bunbury Rowing Club Inc, Portion of Road Reserve Cobblestone Drive, Bunbury (was listed as item 10.4.1 of the Council Agenda)

File Ref: F00283

Applicant/Proponent: Bunbury Rowing Club Inc.

Responsible Officer: Jane Dawson, Senior Property Officer

Responsible Manager: Felicity Anderson, Manager Economic Development and Lands

Executive: Gary Barbour, Director Planning and Development Services



☒ Legislative

☐ Review

☐ Quasi-Judicial


Attachments: Appendix DPDS-1: Location Plan

Summary An application has been received from the Bunbury Rowing Club Inc. seeking consent to a new licence agreement upon expiry of the current licence agreement in November 2018, over portion of road reserve, Cobblestone Drive, Bunbury. The purpose of the licence is to facilitate the improvement and beautification of the road reserve and to be used for storage and rear access to the building. A location plan is attached at Appendix DPDS-1. Executive Recommendation That Council agrees to grant a licence agreement to the Bunbury Rowing Club Inc. over portion of Cobblestone Drive, Bunbury for a term of five (5) years, subject to the terms and conditions as specified in the report, and the following:

1. The applicant to pay all costs associated with the license application including document

preparation and advertising; and

2. Advertising in accordance with the provisions of Section 3.58 of the Local Government Act 1995.

Voting Requirements: Simple Majority Required Strategic Relevance Theme 1: Our Community and Culture Goal: A safe, healthy and cohesive community, with a rich cultural life and

supportive social environment Objective 1.2: An active community, able to access a wide range of sporting, recreation

and leisure options Background Council granted a licence agreement to the applicant on 21 May 2013, Council Decision 133/13 for a period of five (5) years over portion of road reserve Cobblestone Drive, Bunbury to facilitate the improvement and beautification of the remaining portion of land in this area and immediately behind the Licensees building. The applicant installed steel fencing and gates around the licence area, and asphalt was laid in 2016.


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Following an inspection of the asphalt works and in accordance with Health (Public Building) Regulations 1992, the following was completed in 2016 by the applicant: 1. Gates to swing in the direction of ingress; 2. The locks used on the gates were fitted with strap bolts and the key lock replaced with a

latch that can’t be locked from the inside. The applicant has complied with all conditions, maintained the area and kept it clean and tidy during the term of the existing licence agreement. Current Licence Details

Commencement: 1 December 2013

Term: Five (5) years

Expiry Date: 30 November 2018

Permitted Use: To facilitate the improvement and beautification of the remaining portion of land in this area and immediately behind the Licensees building.

Rental: Peppercorn

Outgoings: Responsibility of the Licensee

Insurance: The Licensee to maintain Public Risk Policy and General Insurance Policy over the premises with Public Liability to be set at $10(M)

Document Preparation: The applicant is to pay all document preparation fees

Special Conditions: i. The Licensee is to install and maintain an open profile steel fence (consistent with existing Fencing) around the subject land and including any necessary access gates that are compliant with the Health (Public Buildings) Regulations 1992 Act for access; ii. The Licensee is to install and maintain paving in the licensed area. The Licensor is to install a suitable material on the land between the existing footpath and the proposed new fence to tidy and beautify the area; iii. The Licensee is responsible for the maintenance of the area which includes but is not limited to the removal of both weeds and litter on the land; iv. No signage may be erected on the proposed fence without the specific written approval of the Licensor; v. The Licensor is to be allowed unrestricted access to the licensed area at any time to access any public service located on the land; vi. The land is not to be used for the storage of waste, including but not limited to the storage of bins or other waste receptacles or related items; vii. No other club, organisation or tenant of the Licensee is to use the land without the prior written approval of the Licensor; viii. The use of the land is for the period of five (5) years after which the Licensor may extend or cancel this Agreement; ix. All living trees are to be retained; and x. Emergency outside lighting is to be maintained by the Licensee.


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Proposed new licence


Term: Five (5) years


Permitted Use: To facilitate the improvement and beautification of the remaining portion of land in this area and immediately behind the Licensees building and is used for storage and access to the rear of the building.

Rental: $0.00

Outgoings: Responsibility of the licensee

Insurance: The licensee to maintain a Public Risk and General Insurance Policy over the licence area. Public liability cover to be set at $15(M).

Document Preparation: The applicant is to pay all document preparation fees

Special Conditions: i. The Licensee is responsible for the maintenance of the area which includes but is not limited to the removal of both weeds and litter on the land; ii. No signage may be erected on the proposed fence without the specific written approval of the Licensor; iii. The Licensor is to be allowed unrestricted access to the licensed area at any time to access any public service located on the land; iv. The land is not to be used for the storage of waste, including but not limited to the storage of bins or other waste receptacles or related items; v. No other club, organisation or tenant of the Licensee is to use the land without the prior written approval of the Licensor; vi. The use of the land is for the period of five (5) years after which the Licensor may extend or cancel this Agreement; vii. All living trees are to be retained; and viii. Emergency outside lighting is to be maintained by the Licensee.

Council Policy Compliance Sporting and Community Leases and License Policy applies. Legislative Compliance Advertising in accordance with section 3.58 of the Local Government Act 1995. Officer Comments The current licence agreement is due to expire on 30 November 2018 and the applicant has requested a new licence agreement on the same terms as the current licence. All conditions of the current licence agreement have been complied with. The licence area is used for storage and access to the rear of the building.


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A term of five (5) years is proposed. Analysis of Financial and Budget Implications In accordance with the Leasing and Licensing Policy no rental fees are payable. The applicant will be responsible for minimal rates, outgoings, advertising fees and document preparation fees, where applicable. Community Consultation Advertising in accordance with section 3.58 of the Local Government Act 1995. Councillor/Officer Consultation The proposal for a new licence was presented to the City’s Development Coordination Unit on 12 July 2018 with there being no objections. Applicant Consultation The Senior Property Officer has been in discussions with representatives of the Bunbury Rowing Club Inc. to discuss a new licence. The applicant is agreeable to a new licence over the premises under the terms of the new Leasing and Licensing Policy. Outcome – Council Meeting 7 August 2018 Pursuant to Standing Order 5.5 the recommendation (as printed) from the Executive was moved Cr Cook seconded Cr Miguel and adopted (’en bloc’) to become the Council’s decision on the matter.

Council Decision 238/18 That Council agrees to grant a licence agreement to the Bunbury Rowing Club Inc. over portion of Cobblestone Drive, Bunbury for a term of five (5) years, subject to the terms and conditions as specified in the report, and the following: 1. The applicant to pay all costs associated with the license application including document preparation and advertising; and 2. Advertising in accordance with the provisions of Section 3.58 of the Local Government Act 1995. CARRIED 11 votes “for” / Nil votes “against”


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10.4 Proposed Single House at Lot 405 (#85) Tuart Street, South Bunbury (was listed as item

10.4.2 of the Council Agenda)

File Ref: P13732, DA/2018/107/1

Applicant/Proponent: Strataplex Pty Ltd

Responsible Officer: Justin Biggar - Planning Officer

Responsible Manager: Thor Farnworth, Manager Sustainability, Planning and Development




☐ Legislative

☐ Review

☒ Quasi-Judicial


Attachments: Appendix DPDS-2: Locality Plan Appendix DPDS-3: Development Plans Appendix DPDS-4: Overshadowing Diagram Appendix DPDS-5: Site Photographs Appendix DPDS-6: Schedule of Submissions

Summary Development approval is sought for a single house at Lot 405 (#85) Tuart Street, South Bunbury. The development application proposes variations to ‘boundary wall’ and ‘open space’ provisions of the Residential Design Codes. Where the deemed-to-comply provisions of the Residential Design Codes (R-Codes) are not met, the proposed variations are assessed against the corresponding design principles. The application received one submission from an adjoining landowner during the consultation period, objecting to the boundary wall citing concerns with overshadowing. It is considered the proposed variations satisfy the relevant design principles and it is recommended that development approval be granted.

Executive Recommendation That Council, in accordance with the Planning and Development Act 2005 (as amended), hereby resolves to grant development approval for a single house at Lot 405 (#85) Tuart Street, South Bunbury (application reference: DA/2018/107/1), subject to the following conditions:

1. At all times, the development the subject of this development approval must comply with the definition of ‘single house’ as contained in Appendix 1 of State Planning Policy 3.1 Residential Design Codes.

2. All development shall be in accordance with the approved development plans (attached) which form part of this development approval.

3. This development approval will expire if the approved development has not substantially commenced within two (2) years from the date of issue of the approval, or, within any extended period of time for which the City of Bunbury has granted prior written consent.

4. All works required to satisfy a condition of this approval are required to be installed/constructed and maintained in accordance with the approved plans and conditions of approval for the life of the development.


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5. A minimum of 1m³ of storm water storage for each 65m² of impervious area must be provided on site in accordance with the City of Bunbury’s Information Guide – Stormwater Disposal from Private, Commercial and Industrial Properties.

Detailed design plans of the proposed stormwater management must be submitted for approval prior to the development commencing and be implemented in accordance with the approved plan prior to the development being occupied.

6. Before the development is occupied, any alterations, relocation or damage of existing infrastructure within the road reserve must be completed and reinstated to the specification and satisfaction of the City of Bunbury.

7. Before the development is occupied, the property must be connected to the Water Corporation reticulated sewerage system.

8. The boundary (parapet) walls, including footings and associated structures shall be constructed wholly within the lot boundaries and finished to a quality finish and professional standard to the satisfaction of the City of Bunbury.

9. Before the development commences, a damage bond to the value of $1000 must be paid to the City of Bunbury in accordance with the City of Bunbury’s Local Planning Policy -Bonds.

10. All construction activities must be undertaken so as to avoid dust nuisance to occupiers of land in the vicinity to the satisfaction of the City of Bunbury.

Voting Requirements: Simple Majority Required

Advice Notes:

(a) This is a development approval only. The applicant/owner is advised that it is their responsibility to ensure that the proposed development complies with all other applicable legislation, local laws and/or license requirements that may relate to the development.

(b) Where an approval has so lapsed, no development must be carried out without the further approval of the local government having first been sought and obtained.

An application for an extension of time to an existing development approval shall require a formal written request, signed by both the land owner and applicant (if applicable) and the payment of the appropriate application fee (as per the Council's Fees and Charges Schedule), details of the relevant development approval are required (eg. DA number, date of approval, property address). An application shall be received within one month prior to the expiration of the development approval.

(c) The City of Bunbury advises that where a development approval contains conditions which are required to be discharged before development commences, to commence development before those conditions are discharged means that the development is not pursuant to the planning permission and is therefore unauthorised development.

(d) It is the applicant’s responsibility to ensure all required approvals are obtained prior to the works commencing. Works such as de-watering, native vegetation clearing or working near existing infrastructure may require separate approvals from relevant private or government agencies.

(e) The development the subject of this development approval is also regulated by the Western Australia Building Act 2011, Building Regulations 2012 and Building Code of Australia. A separate building permit must be granted before the development


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commences, where offences occur statutory penalties apply. The owner is advised to liaise further with the City of Bunbury’s Building Services on (08) 9792 7000.

(f) The City of Bunbury contains many places of Aboriginal Heritage significance. Proponents are advised to consider Aboriginal heritage issues and their obligations under the Aboriginal Heritage Act 1972 at an early stage of planning. Further information can be obtained from the Department of Aboriginal Affairs on (08) 6551 8004 or at the following web site http://www.daa.wa.gov.au/en/Heritage-and-Culture

Strategic Relevance Theme 3: Our places and spaces Goal: A natural and built environment that reflects Bunbury’s core values Objective 3.3: High quality urban design, well-planned neighbourhoods with housing

choice and appropriate provision for diverse land uses to meet the community’s needs.

Background

A summary table of details relating to the subject site are as follows:

Property Address: Lot 405 (#85) Tuart Street

Zoning: Residential

Existing Land Use: Single House

Lot Area: 421m²

The subject lot is a vacant site, orientated east-west in a medium density residential area (R40). There are existing dwellings both to the immediate north and south of the lot. The lot fronts Tuart Street with access taken from the rear laneway (Incana Lane). A location plan showing the subject site and its surrounds is attached at Appendix DPDS-2. Development plans are attached at Appendix DPDS-3.

An overshadowing diagram and photographs of the surrounding development are attached at Appendix DPDS-4 and Appendix DPDS-5 respectively.

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 - State Planning Policy 3.1 - Residential Design Codes (R-Codes) - City of Bunbury Local Planning Scheme No.8 (LPS8) - City of Bunbury Local Planning Strategy 2018 - Tuart Street Precinct Design Guidelines

http://www.daa.wa.gov.au/en/Heritage-and-Culture


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Officer Comments The proposal seeks variations to the deemed-to-comply requirements of the R-Codes for boundary wall provisions (clause 5.1.3) and open space (clause 5.1.4). Development plans are attached at Appendix DPDS-3.

Clause 5.1.3 – Lot Boundary Setback: The design proposes three variations to the deemed-to-comply criteria for Clause 5.1.3 – Lot Boundary Setback. 1. Boundary wall built on two boundaries 2. Over length wall on southern boundary (26.5m in lieu of 20m) 3. Over-height boundary wall on northern boundary (4m in lieu of 3.5m maximum)

The variations are therefore assessed against the relevant design principles. Extract of Clause 5.1.3 – Lot Boundary Setback from State Planning Policy 3.1 Residential Design Codes (Page 21)

R-Codes Design Principle 5.1.3 P3.1 and P3.2

P3.1 Buildings setback from lot boundaries or adjacent buildings on the same lot so as to:

Reduce impacts of building bulk on adjoining properties;

Provide adequate direct sun and ventilation to the building and open spaces on the site and adjoining properties; and

Minimise the extent of overlooking and resultant loss of privacy on adjoining properties P3.2 Buildings built up the boundaries (other than the street boundary) where this:

Makes more effective use of space for enhanced privacy for the occupant/s or outdoor living areas

Does not compromise the design principle contained in clause 5.1.3 P3.1;

Does not have any adverse impact on the amenity of the adjoining property;

Ensures direct sun to major openings to habitable rooms and outdoor living areas for adjoining properties is not restricted; and

Positively contributes to the prevailing or future development context and streetscape as outlined in the local planning framework.

Clause 5.1.3 Design Principles Assessment

P3.1 Buildings setback from lot boundaries or adjacent buildings on the same lot so as to:

Reduce impacts of building bulk on adjoining properties;

The height of the wall along the southern boundary is 2.7m and complies with the average (3m) and maximum height (3.5m) requirements. The over-height section of wall along the northern boundary is adjacent to an existing boundary wall on the neighbouring property (83 Tuart Street), negating any impact of building bulk (refer Photos 3 and 4 of Appendix DPDS-5)


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Provide adequate direct sun and ventilation to the building and open spaces on the site and adjoining properties;

The dwelling complies with the overshadowing requirements of Clause 5.4.2 – Solar Access for adjoining sites, (29% proposed, 35% maximum permitted - refer Appendix DPDS-4). As the proposal satisfies the major test for overshadowing, (clause 5.4.2), it must also logically satisfy any subsequent test applied by the R-Codes. It is further noted that the major living areas (kitchen, dining, living) of the neighbouring property at 87 Tuart Street are located to the south (facing out to Plaza Street) and are unaffected by overshadowing.

Minimise the extent of overlooking and resultant loss of privacy on adjoining properties

No overlooking - complies

P3.2 Buildings built up the boundaries (other than the street boundary) where this:

Makes more effective use of space for enhanced privacy for the occupant/s or outdoor living areas

The proposed design enhances privacy and creates an outdoor living area open to northern solar access for the dwelling

Does not compromise the design principle contained in clause 5.1.3 P3.1;

Refer to above assessment points.

Does not have any adverse impact on the amenity of the adjoining property;

Overshadowing is within the required amount - 29% proposed, 35% maximum permitted. The bulk of the wall is considered reasonable, with a wall height of 2.7m - less than the deemed-to-comply average (3m) and maximum (3.5m) heights permitted. It is noted that two sections of the boundary wall are adjacent to an existing boundary wall and blank garage wall on the neighbouring property (refer Appendix DPDS-5). Further, there is no impact on the privacy of the neighbouring dwelling.

Ensures direct sun to major openings to habitable rooms and outdoor living areas for adjoining properties is not restricted; and

The major living areas of the neighbouring property at 87 Tuart Street are located on the south (facing out to Plaza Street) and are unaffected by overshadowing. The dwelling complies with the overshadowing requirements of Clause 5.4.2 – Solar Access for


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adjoining sites, (29% proposed, 35% maximum permitted - refer Appendix DPDS-4). As the proposal satisfies the major test for overshadowing, (clause 5.4.2), it must also logically satisfy any subsequent test applied by the R-Codes. It is noted that Bedroom 3 of 87 Tuart Street will be impacted by the boundary wall, however this impact would be potentially unchanged, even with a compliant boundary wall.

Positively contributes to the prevailing or future development context and streetscape as outlined in the local planning framework.

The proposed development is consistent with neighbouring development in scale and height and contributes to the prevailing streetscape character (refer Appendix DPDS-5)

It is considered that the building satisfies the Design Principles of the relevant clause as detailed above. It should be noted that any overshadowing is exacerbated by the east-west orientation of the lot. Further, a compliant boundary wall would potentially result in similar or worse overshadowing of the neighbouring property.

Clause 5.1.4 – Open Space The design proposes open space of 33% (139m²) in lieu of the required 45% (189m²), a shortfall of 50m².

The variation is assessed against the relevant Design Principles below.

R-Codes Design Principle 5.4.1

P1.1 Development incorporates suitable open space for its context to:

Reflect the existing and/or desired streetscape character or as outlined under the local planning framework;

Provide access to natural sunlight for the dwelling

Reduce building bulk on the site, consistent with the expectations of the applicable density code and/or as outlined in the local planning framework.

Provide an attractive setting for the buildings, landscape, vegetation and streetscape;

Provide opportunities for residents to use space external to the dwelling for outdoor pursuits and access within/around the site; and

Provide space for external fixtures and essential facilities


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Clause 5.1.4 Design Principles Assessment

P1.1 Development incorporates suitable open space for its context to:

Reflect the existing and/or desired streetscape character or as outlined under the local planning framework;

The proposed house design is of a lesser scale than the surrounding development, which is characterised by two storey development. The design is considered compatible with surrounding development (refer Appendix DPDS-5)

Provide access to natural sunlight for the dwelling

All the major living areas of the dwelling (kitchen/dining/living) are open to northern solar access.

Reduce building bulk on the site, consistent with the expectations of the applicable density code and/or as outlined in the local planning framework.

The single storey building bulk is consistent with the medium density zoning and of a lesser scale than neighbouring development – refer Appendix DPDS-5.

Provide an attractive setting for the buildings, landscape, vegetation and streetscape;

The front of the site is adequately landscaped to provide an attractive setting for the building and streetscape.

Provide opportunities for residents to use space external to the dwelling for outdoor pursuits and access within/around the site; and

Adequate space on site for enjoyment by the occupants, with northern facing alfresco and pool area.

Provide space for external fixtures and essential facilities

Adequate space on site for external fixtures and essential facilities

For the reasons outlined above, the proposal is considered to satisfy the design principles of Clause 5.1.4.

Analysis of Financial and Budget Implications This proposed development application relates to private property and therefore the effect of the recommendation has no direct budgetary or financial implications for the City of Bunbury.

If the applicant is aggrieved by Council’s decision they may apply for a review of the decision through the State Administrative Tribunal (SAT). If the decision is forwarded to SAT for appeal, the City of Bunbury may incur legal costs.

Community Consultation The neighbouring landowners at 83 and 87 Tuart were notified of the proposed variations via letter.


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An objection was received from the neighbour to the south (87 Tuart Street). The neighbour at 83 Tuart Street did not object. Refer to the Schedule of Submissions attached at Appendix DPDS-6. 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.


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Outcome – Council Meeting 7 August 2018 Pursuant to Standing Order 5.5 the recommendation (as printed) from the Executive was moved Cr Cook seconded Cr Miguel and adopted (’en bloc’) to become the Council’s decision on the matter.

Council Decision 239/18 That Council, in accordance with the Planning and Development Act 2005 (as amended), hereby resolves to grant development approval for a single house at Lot 405 (#85) Tuart Street, South Bunbury (application reference: DA/2018/107/1), subject to the following conditions: 1. At all times, the development the subject of this development approval must comply with the definition of ‘single house’ as contained in Appendix 1 of State Planning Policy 3.1 Residential Design Codes. 2. All development shall be in accordance with the approved development plans (attached) which form part of this development approval. 3. This development approval will expire if the approved development has not substantially commenced within two (2) years from the date of issue of the approval, or, within any extended period of time for which the City of Bunbury has granted prior written consent. 4. All works required to satisfy a condition of this approval are required to be installed/constructed and maintained in accordance with the approved plans and conditions of approval for the life of the development. 5. A minimum of 1m³ of storm water storage for each 65m² of impervious area must be provided on site in accordance with the City of Bunbury’s Information Guide – Stormwater Disposal from Private, Commercial and Industrial Properties. Detailed design plans of the proposed stormwater management must be submitted for approval prior to the development commencing and be implemented in accordance with the approved plan prior to the development being occupied. 6. Before the development is occupied, any alterations, relocation or damage of existing infrastructure within the road reserve must be completed and reinstated to the specification and satisfaction of the City of Bunbury. 7. Before the development is occupied, the property must be connected to the Water Corporation reticulated sewerage system. 8. The boundary (parapet) walls, including footings and associated structures shall be constructed wholly within the lot boundaries and finished to a quality finish and professional standard to the satisfaction of the City of Bunbury. 9. Before the development commences, a damage bond to the value of $1000 must be paid to the City of Bunbury in accordance with the City of Bunbury’s Local Planning Policy -Bonds. 10. All construction activities must be undertaken so as to avoid dust nuisance to occupiers of land in the vicinity to the satisfaction of the City of Bunbury. CARRIED 11 votes “for” / Nil votes “against”


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10.5 Proposed Deed of Licence – South West Model Engineers Association Inc. Over Portion of Lot 73 Blair Street, South Bunbury “Forrest Park” (was listed as item 10.4.4 of

the Council Agenda)

File Ref: F00053-02

Applicant/Proponent: South West Model Engineers Association Inc.






☒ Legislative

☐ Review

☐ Quasi-Judicial

☒ Information Purposes


Summary An application has been received from the South West Model Engineers Association Inc. (“SWME”) seeking a new licence agreement over the existing 17,314.6m² licence area to include an increase of 171m² approximately over portion of Lot 73 Blair Street, South Bunbury “Forrest Park” (the miniature railway). A location plan is attached at Appendix DPDS-8. Executive Recommendation That Council agrees to grant a licence to the South West Model Engineers Association Inc. over the existing 17,314.6m² area and to include an additional 171m² over portion of Lot 73 Blair Street, South Bunbury “Forrest Park”, for a term of five (5) years on the terms and conditions as specified in the report to Council and the applicant agreeing to pay all costs associated with the licence application including document preparation. Voting Requirements: Simple Majority Required Strategic Relevance Theme 1: Our Community and Culture Goal: A safe, healthy and cohesive community, with a rich cultural life and

supportive social environment Objective 1.2: An active community, able to access a wide range of sporting, recreation

and leisure options Background The SWME have occupied a portion of Forrest Park for the purpose of the miniature railway since 1984. The land is identified as Lot 73 and is owned by the City of Bunbury on Certificate of Title Volume 438 Folio 54A on diagram 2224. There is a lease agreement over the land for the buildings and a licence agreement for the surrounding land which is also used by the general public. These were entered into in 1988 as resolved by Council on 14th December 1987.

The essential differences between the lease and the licence are set out below.


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Lease

- A lease is a transfer of right to enjoyment (exclusive possession) of that property by the

lessor to the lessee, made for a certain term and subject to the terms set out in the lease agreement.

- A lease grants exclusive possession for a fixed period (term).

- A lease creates an interest in the land which can be transferred to the lessee for the period

of the lease.

- A lease can be transferred (assigned) to another party and if registered on the title is binding on a new owner of the land.

- A lease is not revocable (other than subject to any conditions set out in the lease (e.g. a

redevelopment clause). Licence

- A licence is the granting of a permission to use the land and subject to the conditions set out in the licence.

- A licence does not grant exclusive possession.

- A licence does not create or transfer an interest in the land.

- A licence is not transferable.

- A licence is revocable.

Property officers have identified that the current licence over the surrounding land incorporating rail tracks and shelter is in ‘holding over’ as the further term expired in 2003. For unknown reasons officers at the time did not enter into negotiations for a new licence agreement over the land.

The licence agreement is currently in holding over pending approval of a new licence by Council. A term of five (5) years is proposed for the new licence as this will then come up for renewal when the current lease agreement is due for renewal in 2023. Aligning both lease and licence agreements to the five (5) year remaining term has been discussed and agreed to by the SWME. The SWME have requested an increase in their licence area as they have an increased number of customers visiting the miniature railway and will need two new platforms with shelters and more tracks so an additional 171m² approximately is required to cater for this. The initial site option 1, see attached location plan at Appendix DPDS-8, was identified by the Manager Sport and Recreation and the Co-ordinator of Club and Group Services, who initially contacted the two other clubs who currently occupy Forrest Park to seek their feedback. Both Dynamos Soccer club and Marist Cricket club objected to the proposal due to interference with their ongoing use of the grounds.


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Given the objections from the clubs it was deemed further internal and external stakeholder consultation should be undertaken and that any decision should take into consideration the review of the City’s public open space strategy. Due to the feedback received from the other clubs at Forrest Park the Senior Property Officer, Acting Manager Sport and Recreation and Manager Project Planning met with representatives of the SWME to discuss possible options to assist with the increased visitors and installation of additional railway track. After considering a number of options with the SWME, the agreed outcome required the relocation of the post and rail fence 1m to the north as shown on the attached location plan. This would provide the SWME with enough additional space to relocate the northern most track and add an extra line and platform within their licence area. The provision of 1 metre as shown will not impede the sports clubs utilising Forrest Park as confirmed by the Acting Manager Sport and Recreation on site. Current Licence Details (Licensee has held the license since 1988)

Commencement: 1 October 1988

Renewed Term: Ten years (with option to renew for a further five years)

Expiry Date: 30 September 2003

Licence Fee: $0

Rent Review: Not Applicable


Insurance: Licensee to maintain Public Risk Insurance and General Insurance on the premises. Public liability to be set at $10(M).

Special Conditions: Ground Rationalisation - During the period of the Licence, should the City require any portion of the license site for redevelopment or ground rationalisation, either party may without penalty, give the other 12 months' notice of termination.

Proposed New Licence Details

Commencement: 1 August 2018

New Term: Five years

Expiry Date: 31 July 2023

Licence Fee: $0

Rent Review: Not Applicable


Insurance: Licensee to maintain Public Risk Insurance and General Insurance on the premises. Public liability to be set at $10(M).

Document Preparation Costs: Licensee to pay the full costs of documentation preparation and advertising.

Special Conditions: Redevelopment The City may terminate this Licence by giving the Licensee not less than six months (“Notice Period”) written notice (“Termination Notice”) that the City wishes to alter, extend or redevelop the Land or any part thereof or carry out


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any works on the Land or any part thereof which will prevent access or safe access to the Licensed Premises.

Council Policy Compliance Sporting and Community Leases and License Policy applies. Legislative Compliance The Applicant is a not for profit group and exempt from advertising in accordance with section 3.58 of the Local Government Act 1995. Officer Comments The licence agreement is currently in holding over pending approval of a new licence by Council. A term of five (5) years is proposed as this will then come up for renewal when the lease agreement is due for renewal in 2023. SWME has advised they have an increased number of customers visiting the Miniature Railway and will need two new platforms with shelters and more tracks to cater for the growing need. This requires an increase in the existing licence area of approximately 171m². Existing pine bollards will need to be removed 1m to the area edged grey on the attached location plan. To save SWME some costs for the relocation, SWME have requested permission to relocate the pine bollards themselves. The Manager Landscape and Open Space has advised SWME will need to advise when they wish to undertake the relocation, so that the City are able to send irrigation staff to mark out the reticulation prior. It has been noted by the SWME that some of the pine bollards are rotten and need to be replaced. The Manager Landscape and Open Space has advised the City have some spare logs at the depot that may be used. Following consultation with the Manager Sport and Recreation and the Manager Landscape and Open Space it was agreed that the City will continue to maintain the grass and trees in the licenced area. Analysis of Financial and Budget Implications The Licensee has had use of the Licence area with no fees payable since 1988. No additional fees are proposed. Community Consultation The needs and impacts of other user groups has been considered in the extension of the licence area and neither of the other user groups will be affected by the new licence or increase. Officers approached the Marist Cricket Club and Bunbury Dynamos Soccer Club to determine if they have any objections to the proposal to relocate the posts by 1m. Both clubs confirmed in writing they do not object to the proposal.


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The Acting Manager Sport and Recreation has advised the City can work with all other users of Forrest Park to ensure that the miniature railway is able to extend into the area they require. Councillor/Officer Consultation The Manager Sport and Recreation, Manager Landscape and Open Space, Acting Manager Major Projects and Property and the Senior Property Officer have consulted on the impacts of the licence agreement and additional land and have agreed on the proposed extension of the licence area. The Acting Manager Sport and Recreation has advised that as part of the review of the City’s Community Sport and Recreation facilities, the inclusion of the area occupied by the miniature railway will be considered in future planning for Forrest Park along with other sport and recreation facilities. The provision of 1 metre as shown will not impede the sports clubs utilising Forrest Park as confirmed by the Acting Manager Sport and Recreation on site. The Manager Landscape and Open Space has stated Open Space supports the minor amendment to the licence boundary though it should be noted that the City are currently maintaining this land. SWME will need to ensure that their installation does not impact on public safety and are approved by the City. Applicant Consultation The Senior Property Officer met with representatives of the SWME, Mr Jeff Clifton, Mr John Matthews and Mr Peter Kalmund to discuss the new licence agreement. The Manager Sport and Recreation and Manager Landscape and Open Space met the SWME on site prior, to discuss the extension of licence area. Outcome – Council Meeting 7 August 2018 Pursuant to Standing Order 5.5 the recommendation (as printed) from the Executive was moved Cr Cook seconded Cr Miguel and adopted (’en bloc’) to become the Council’s decision on the matter.

Council Decision 240/18 That Council agrees to grant a licence to the South West Model Engineers Association Inc. over the existing 17,314.6m² area and to include an additional 171m² over portion of Lot 73 Blair Street, South Bunbury “Forrest Park”, for a term of five (5) years on the terms and conditions as specified in the report to Council and the applicant agreeing to pay all costs associated with the licence application including document preparation. CARRIED 11 votes “for” / Nil votes “against”


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10.6 Proposed Seasonal Non-Exclusive Licence Agreement over portion of Reserve 46746 on Lot 502 Jetty Road, Bunbury to VAT 2 (was listed as item 10.4.3 of the Council

Agenda)

File Ref: L166

Applicant/Proponent: VAT 2






☒ Legislative

☐ Review

☒ Quasi-Judicial



Summary An application has been received from VAT 2 seeking Council’s consent to a seasonal Non-Exclusive Licence Agreement over portion of Reserve 46746 on Lot 502 Jetty Road, Bunbury to offer beach dining to the public during the months of December, January and February each year during the licence term. A location plan is attached at Appendix DPDS-7. Executive Recommendation Council agrees to grant a seasonal Non-Exclusive Licence Agreement over portion of Reserve 46746 on Lot 502 Jetty Road, Bunbury for a period of two (2) years and authorises the CEO to grant a further two (2) options of two (2) years each, subject to the terms and conditions as specified in the report, and the following:

1. The applicant to pay all costs associated with the license application including document

preparation, advertising and market rental valuation;

2. Advertising in accordance with the provisions of Section 3.58 of the Local Government Act 1995; and

3. Approval of the Minister for Lands. Voting Requirements: Simple Majority Required Strategic Relevance Theme 3: Our Economy Goal: A thriving and dynamic economy, that plays to its strengths, and

confidently presents to the world Objective 3.2: Bunbury builds on its competitive advantages, supports innovation and

celebrates business success


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Background Heather MacFarlane Pty Ltd trading as “VAT 2 Restaurant” successfully completed a 12 month trial after being granted liquor licensing approval in 2006 to operate a 120 square metre ‘Bali-style’ alfresco dining area for 24 diners on sand at the front of the VAT 2 Restaurant. The trial showed that there was no negative response and people utilised the facility and behaved as they would in the restaurant. Council granted VAT 2 a Non-Exclusive Licence Agreement in October 2006 for beach dining over 10m x 12m of beach commencing 2006 and expiring 2011. The applicant did not request a new licence upon expiry in 2011. Proposed Licence Details

Licensee: VAT 2


Term: Two (2) years with a further option of one (1) year


Licence Area: 10 x 15 metres

Purpose: Beach dining and day beds

Licence Fee: $1,500.00 per annum plus GST

Outgoings: The Licensee to pay full cost of all outgoings.

Insurance: Licensee to maintain Public Risk and General Insurance cover over the Premises with Public Liability to be set at $15 million

Special Conditions: Redevelopment Should the licence area be required for Transforming Bunbury’s Waterfront works around Jetty and Casuarina Drive that may prevent access or safe access to the Licensed Premises, then the Licensor shall endeavour to give the Licensee at least one (1) weeks’ notice that the works are to commence. The Licensee shall grant vacant possession to the Licensor upon the date determined in the Licensor’s written notice. In the event of redevelopment delays or cancellation of proposed works the Licensor may advise the Licensee of the delays and negotiate any potential extensions until such time as the development or proposed works are to commence. Liquor Licence Licensee to apply for a liquor licence through Racing, Gaming and Liquor. Public Notice of Licence Times The Licensee is to arrange for signs to be erected at or on the beach in close proximity to the Licence Area, advising members of the public that the area is utilised for alfresco dining between the hours of 6.00pm and midnight. The dimensions of the advisory sign and its placement are to comply with the City’s local laws relating to signs and are to be to the


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satisfaction of the City’s Team Leader Development Assessment and Compliance.

Document Preparation: The Licensee to pay full cost of document preparation and advertising.

Council Policy Compliance Sporting and Community Leases and Licenses Policy applies. Legislative Compliance Section 18 of the Land Administration Act 1997 refers to transactions that require approval by the Minister for Lands. The proposed Licence will be subject to the Minister’s Approval and endorsement. Officer Comments The proposal has worked successfully in the past and dining on the beach would be a unique experience for locals and tourists and be regarded as a great attraction for Bunbury in the summer months. The applicant is in agreement to pay all costs for document preparation, advertising and market rental valuation. The applicant has been advised that Transforming Bunbury’s Waterfront development works around Jetty and Casuarina Drive may impact on the licence area. The City is not yet aware of when these may occur and the applicant has agreed to the City endeavouring to give one (1) weeks’ notice should any works be required for the improvement of the area. The City has also agreed that should there be any loss of the 3 month annual rental period the applicant will be reimbursed on a pro rata basis. Analysis of Financial and Budget Implications An independent market rental valuation was received from LMW Hegneys on 11 July 2018. The market rental valuation came in at $1,500.00 per annum plus GST (being 3 months per year) and the Licensee will be responsible for outgoings. The applicant to pay all costs associated with the license application including document preparation, advertising and market rental valuation. Community Consultation Advertising in accordance with the provisions of Section 3.58 of the Local Government Act 1995. Councillor/Officer Consultation The proposed Seasonal Non-Exclusive Licence Agreement has been reviewed and discussed by the City’s Development Coordination Unit. They have advised there are no objections with this proposal. The land is zoned regional Centre under LPS8, even though it is a public beach.


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Applicant Consultation The applicant has been in discussions with the Senior Property Officer, Economic Development and Lands and has agreed to the rental rate and terms of the proposed license.

Outcome – Council Meeting 247 August 2018 Mayor Brennan left the Chambers at 5:32pm. Deputy Mayor Miguel assumed the Chair. The executive recommendation (as printed) was moved Cr Cook, and seconded Cr Warnock The Deputy Mayor put the motion to the vote and it was adopted to become the Council’s decision on the matter.

Council Decision 241/18 Council agrees to grant a seasonal Non-Exclusive Licence Agreement over portion of Reserve 46746 on Lot 502 Jetty Road, Bunbury for a period of two (2) years and authorises the CEO to grant a further two (2) options of two (2) years each, subject to the terms and conditions as specified in the report, and the following: 1. The applicant to pay all costs associated with the license application including document preparation, advertising and market rental valuation; 2. Advertising in accordance with the provisions of Section 3.58 of the Local Government Act 1995; and 3. Approval of the Minister for Lands. CARRIED 10 votes “for” / Nil votes “against”

Mayor Brennan returned to the Chambers at 5:32pm and resumed the Chair.


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11. Applications for Leave of Absence

11.1 Request for Leave of Absence Mayor Brennan Mayor Gary Brennan requests a leave of absence from all Council related business from 10 August to 9 September 2018 inclusive. Recommendation That Mayor Brennan be granted leave of absence from all Council related business from 10 August to 9 September 2018 inclusive. Voting Requirements: Simple Majority required

Outcome – Council Meeting 7 August 2018

The executive recommendation (as printed) was moved Cr Cook, and 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 242/18 That Mayor Brennan be granted leave of absence from all Council related business from 10 August to 9 September 2018 inclusive. CARRIED 11 votes “for” / Nil votes “against”


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12. Motions on Notice

12.1 Cr Kelly Motion on Notice

Author: Councillor Brendan Kelly


Attachments: Nil

Cr Kelly has submitted the following motion for the Ordinary Council Meeting of 7 August 2018: That Council instructs the Chief Executive Officer to: 1. Amend the City of Bunbury ‘Central Business District Parking Strategy’ by way of introducing

non-ticketed, time restricted, on-street parking in the Bunbury CBD, 2. Remove existing ticket machines that service on-street parking in the Bunbury CBD. Summary The purpose of this Motion on Notice is for the Bunbury City Council to resolve to remove the ticket machines that service on-street parking in the Bunbury CBD. The Motion on Notice intends to take away the requirement for patrons to obtain a ticket for on-street parking in the CBD, while retaining the use of ticketed parking in City car parks. Councillor Recommendation That Council instructs the Chief Executive Officer to: 1. Amend the City of Bunbury ‘Central Business District Parking Strategy’ by way of introducing

non-ticketed, time restricted, on-street parking in the Bunbury CBD, 2. Remove existing ticket machines that service on-street parking in the Bunbury CBD. Background The City of Bunbury previously adopted a comprehensive ‘Central Business District Parking Strategy’, with the objective being to ensure the continued provision of car parking that would support growth of the Central Business District's activities. The Strategy was also designed to ensure that a parking system was in place to operate without a detrimental effect to the City's environment, traffic and pedestrian flows. At the time, user-pay street parking was accepted in areas of high parking activity, as an effective means of creating churn (turnover) of spaces and ensuring the right users had access to these spaces. A ‘Review of Parking Changes, 20th March 2018’ revealed that the change to on-street parking in 2017, which introduced free ticketed on-street parking in the CBD, has resulted in street ticket machines becoming a liability.


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There is also a groundswell of support in the CBD commercial and trading community, and the general public for the street meters to be removed, due to their negative impact on the well-being of the Bunbury CBD. This motion modifies the City’s Parking Strategy to enable free on-street parking without requiring a ticket, reducing operational costs by reducing the number of ticket machines. Strategic Relevance This Motion supports the City of Bunbury’s ‘Strategic Community Plan 2018-2028’ Theme 2, to promote a “thriving and dynamic economy” by removing a liability to its budget. It aligns with the City’s resourcing strategy, including the intent of its Integrated Financial Plan and Asset Management Plan, for better service delivery, maintenance of our assets, as well as delivering community objectives. The City’s ‘Review of Implementation of August 2007 CBD Parking Strategy, Luxmoore Parking Consultants, May 2012’ also states: “Parking regulations are to be reviewed from time to time based on the information available from utilisation surveys and other data and changes occurring in specific areas in the CBD”. Councillor Comments Paid on-street parking in the Bunbury CBD was introduced and implemented with the best intent, however has been fraught by community contention. It should be noted that paid on-street parking was introduced by Council primarily as a method of creating churn (turnover) of spaces and not simply as a revenue raising exercise. Councillors are aware that the ticket machines servicing the on-street parking are dispensing tickets without generating an income and are essentially a liability, as it was put to Elected Members by staff they (the machines), are ‘haemorrhaging money’. The matter of parking has sapped the morale of City traders and the public and been a negative factor in the community narrative about Bunbury. The opportunity now arises for the redundant ticket machines to be removed. Analysis of Financial and Budget Implications The maintenance and upkeep of the machines will no longer be a liability to ratepayers. There will no income loss as the machines have ceased to bring in income. Officer Comments In accordance with Council decision 250/17, the CEO is to provide a report in September 2018 assessing the impact the parking changes have had on parking in the CBD, which coincides with 12 months after the parking changes had been implemented.


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By prematurely removing the parking machines prior to the 12 months trial being completed, the assessment of the trial will be incomplete and Council will not be fully informed of the impact of the changes that made for the trial. It is therefore recommended that the matter of possibly removing parking machines be considered after the report has been presented to Council in September 2018.

Outcome – Council Meeting 7 August 2018

The Motion on Notice (as printed) was moved by Cr Kelly and seconded by Cr McCleary. Cr Hayward moved a motion to defer the matter until officers have completed their public consultation process and prepared their report for council to consider in accordance with Standing Order 5.3(5)(b). The Mayor put the motion to the vote and it was carried 8 votes “for’ 3 votes “against”. It was requested that the names of those voting for and against be recorded, which was as follows: Voted For: Mayor Brennan and Councillors Warnock, Cook, Morris, Hayward, Miguel, Smith and Brown Voted Against: Councillors Kelly, Steele, and McCleary


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13. Questions on Notice

13.1 Response to Previous Questions from Members taken on Notice Nil

13.2 Questions from Members Nil

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


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15. Meeting Closed to Public

15.1 Matters for which the Meeting may be Closed This report is confidential in accordance with section 5.23(2)(a) of the Local Government Act 1995, which permits the meeting to be closed to the public for business relating to the following:

(a) a matter affecting an employee or employees Executive Recommendation In accordance with sections 5.23(2)(a) of the Local Government Act 1995 and clause 6.2 of the City of Bunbury’s Standing Orders Local Law 2012, Council resolves to close the meeting to members of the public to consider the item titled “CEO Performance Review”. Outcome – Council Meeting 24 July 2018 The recommendation (as printed) was moved Cr Cook, 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 243/18 In accordance with sections 5.23(2)(a) of the Local Government Act 1995 and clause 6.2 of the City of Bunbury’s Standing Orders Local Law, Council resolves to close the meeting to members of the public to consider the item titled “CEO Performance Review”. CARRIED 11 votes “for” / Nil votes “against”

The meeting was closed to the public and press at 5:36pm.


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15.1.1 CEO Performance Review

Applicant/Proponent: CEO Performance Review Panel

Responsible Officer: Mal Osborne, Chief Executive Officer

Responsible Manager: Mal Osborne, Chief Executive Officer



☒ Executive/Strategic

☐ Legislative

☐ Review

☐ Quasi-Judicial


Attachments: CRUSC-1.1 CEO Performance Review Panel Minutes CRUSC-1.2 CEO 6 Month Self-Assessment

This report is confidential in accordance with section 5.23(2)(a) of the Local Government Act 1995, which permits the meeting to be closed to the public for business relating to the following:

(a) a matter affecting an employee or employees; A confidential report and recommendation has been circulated to members under separate cover (Confidential Report CRUSC-1). The report is not for circulation.


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Outcome – Council Meeting 7 August 2018 The recommendation (as printed) was moved Cr McCleary, seconded Cr Miguel. The Mayor put each point of the motion to the vote individually, after which the motion was adopted to become the Council’s decision on the matter.

Council Decision 244/18 1. That Council receive and note the CEO Mr Mal Osborne six monthly self-assessment report dated July 2018. CARRIED 11 votes “for” / nil votes “against”

2. That Council advise the CEO Mr Mal Osborne its appreciation and satisfaction with his performance during the six month period of review. CARRIED 8 votes “for” / 3 votes “against” Cr Kelly, Cr Smith and Cr Warnock are recorded as voting against the motion

3. That an independent competent person be engaged to conduct the 2018 annual CEO performance review. CARRIED 11 votes “for” / nil votes “against”

4. That the terms of reference and selection of the independent person be to the satisfaction of the CEO and the CEO Performance Review Panel. CARRIED 11 votes “for” / nil votes “against”

5. Elected Members be encouraged to individually meet with the CEO as part of the annual review. CARRIED 11 votes “for” / nil votes “against”


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A motion that the meeting be reopened to the public and press was moved Cr Cook, 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 245/18 That Council reopen the meeting to the public and press CARRIED 11 votes “for” / Nil votes “against”

The meeting was reopened to the public and press at 5:43 pm.

15.2 Public Reading of Resolutions that may be made Public The Mayor read aloud Council’s decision in relation to item 15.1.1 as follows: 1. That Council receive and note the CEO Mr Mal Osborne six monthly self-assessment report dated July 2018. 2. That Council advise the CEO Mr Mal Osborne its appreciation and satisfaction with his performance during the six month period of review. 3. That an independent competent person be engaged to conduct the 2018 annual CEO

performance review. 4. That the terms of reference and selection of the independent person be to the satisfaction

of the CEO and the CEO Performance Review Panel. 5. Elected Members be encouraged to individually meet with the CEO as part of the annual

review.

16. Closure The Mayor declared the meeting closed at 5:45pm

Documents

City of Bunbury Council Minutes 7 August 2018 Council Meeting Minutes... · The City of Bunbury aspires to act in accordance with the following values in all of its decisions and