Item No:5.1 · Web viewIt is required that a risk management analysis is completed as a part of the funding specifications that will need to be approved by the Health and Safety Officer

AGENDA INDEXMINUTES OF THE ORDINARY MEETING OF COUNCIL HELD IN THE

COUNCIL CHAMBERS ON Thursday 15th August 2013

1 Opening Page1.1 Declaration of Opening 31.2 Recording of those Present 31.3 Recording of Apologies 31.4 Recording Leave of Absence Previously Approved 31.5 Announcements by President without Discussion 31.6 Visitors to Meeting

2. Public Question Time and Deputations 33. Declarations of Interest 34. Confirmation of Minutes 4.1 Confirmation of Minutes 23rd July – Ordinary Council Meeting 3

5. Status Report and Matters Arising from Minutes

5.1 Status Report 5

6. Finance Matters6.1 Accounts Due for Payment 66.2 Reconciliations July 2013 86.3 Monthly Financial Statements 10

7. Strategic Plan7.1 Community Strategic Plan Update Report 11

8. Reports of Committees and Officer

Community Youth Development Officer8.1.1 Morawa Skate Park 12

Deputy Chief Executive Officer8.2.1 Re-submitted item Montana Bulk Haulage Pty Ltd –

Restricted Access Vehicle (RAV) Network Permit Shire of Morawa 15

8.2.2 Morawa Perenjori Draft Trail Master Plan 20

Acting Chief Executive Officer8.3.1 Proposed Amendment No. 3 to Local Planning Scheme

No. 2 (Omnibus Scheme Amendment) 258.3.2 Reconsideration of Planning Approval Conditions

Concrete Batching Plant 488.3.3 2 Single Storey 3 bedroom Dwellings, Lot 434 (34) 54

Richter Avenue Morawa8.3.4 2 Single Storey 4 bedroom Dwellings, Lot 399 (16) 57

Granville Street Morawa8.3.5 2 Single Storey 3 bedroom Dwellings, Lot 455 (33) 60

1

Valentine Street Morawa8.3.6 2 Single Storey 3 bedroom Dwellings, Lot 436 (45) 63

Valentine Street Morawa8.3.7 Late Item: Country Local Government Fund 668.3.8 Late item: Appointment Acting Chief Executive Officer 718.3.9 Late Item: Petition Regarding Noise and fumes

from a generator 73

9. Shire Correspondence Requiring Council Attention 76

10. Receival of Information Bulletin 76

11. New Business of an Urgent Nature Introduced by Decision of Meeting

12.1 Elected Members 7612.2 Officers

12. Application for Leave of Absence 7713. Next Meeting

Ordinary Meeting 19th September 2013Change of meeting 77

14. Meeting Closure 77

2

1.1 DECLARATION OF OPENING

The Shire President welcomed all in attendance and declared the meeting open at 5:32pm

1.2 RECORDING OF THOSE PRESENT

Cr K J Chappel PresidentCr D J Coaker Deputy President Cr G R NorthCr D S CarslakeCr D S AgarCr M J ThorntonCr K P Stokes

Mr L Delahaunty Acting Chief Executive Officer Mr D Williams Deputy Chief Executive OfficerMr P Buist Principal Works Supervisor

1.3 RECORDING OF APOLOGIES

Nil

1.4 LEAVE OF ABSENCE

Nil

1.5 ANNOUNCEMENTS BY PRESIDENT WITHOUT DISCUSSION

Nil 1.6 VISITORS TO THE MEETING

Mr Vaughn Parry owner Morawa Hotel2. PUBLIC QUESTION TIME

Mr Vaughn Parry owner of the Morawa Hotel presented a verbal statement on events and action taken to resolve the power supply at the Morawa Hotel units located on Lot 23 Valentine Street Morawa3. DECLARATIONS OF INTEREST

Nil 4. PREVIOUS MINUTES

Moved: Cr K P StokesSeconded: Cr M J Thornton

That the Minutes 23th July 2013 – Ordinary Council Meeting be confirmed

CARRIED7-0

3

Cr K J Chappel requested Standing Orders be Suspended at 5:35pm for Council to receive an update on the Town centre design from Emerge Consultants and Landcorp

COUNCIL RESOLUTION

Moved: Cr G R NorthSeconded: Cr K P Stokes

Standing Orders be suspended for Council to receive an update on the Town centre design from Emerge Consultants and Landcorp

CARRIED 7/0

COUNCIL RESOLUTION

Moved: Cr D S AgarSeconded: Cr M J Thornton

Standing Orders be reinstated for the meeting to continue at 6:47pm

CARRIED 7/0

4

INTRODUCTION

A status and CEO report on progress of items requested by Council from previous meetings will be provided each month for Councillor’s information.

ATTACHMENT

Acting CEO report Status report

OFFICER’S RECOMMENDATIONS

It is recommended that:The Status and CEO Report submitted to 15th August 2013. Meeting be received.

COUNCIL RESOLUTION

Moved: Cr D S AgarSeconded: Cr G R North

It is recommended that:

The Status and CEO Report submitted to 15th August 2013. Meeting be received.CARRIED 7/0

Cr K J Chappel requested Standing Orders be Suspended to break for a meal at 7:12pm

COUNCIL RESOLUTION

Moved: Cr D S AgarSeconded: Cr D J Coaker

Standing Orders be suspended for Council to break for a meal

CARRIED 7/0

COUNCIL RESOLUTION

Moved: Cr M J ThorntonSeconded: Cr D S Agar

Standing Orders be reinstated for the meeting to continue at 7:50pm

CARRIED 7/0

5

Item No: 5.1Subject: Status ReportProponent: Acting Chief Executive OfficerSignature of Officer:Signature of CEO:File Number: VariousVoting Requirements: Simple Majority

Item No: 6.1Subject: Accounts Due for Payment Proponent: Finance OfficerSignature of Officer:Signature of CEO:File No: ADM 0135Voting Requirements: Simple MajorityMeeting Date: 15th August 2013

INTRODUCTION

A list of accounts is attached for all payments made for the month of July 2013.

COMMENT

Nil

FINANCIAL IMPLICATIONS

As per list of accounts

POLICY IMPLICATIONS

Nil

STRATEGIC IMPLICATIONS

Nil

OFFICER’S RECOMMENDATION

It is recommended that the list of accounts paid by the Chief Executive Officer under delegated authority, represented by:

- Municipal EFT Payment Numbers EFT5186 to EFT5291 inclusive, amounting to $824,885.96;

- Municipal Cheque Payments numbered 10894 to 10916 totalling $37,983.13;- Municipal Direct Debit Payments Numbers DD3297.1, DD3299.1, DD3301.1,

DD3303.1, DD3305.1, DD3308.1 & DD3312.1 amounting to $15,255.28;- Payroll for July 2013

03/07/2013 - $53,453.5417/07/2013 - $47,506.44

Be endorsed.

COUNCIL RESOLUTION

Moved: Cr G R NorthSeconded: Cr D S Agar

6

It is recommended that the list of accounts paid by the Chief Executive Officer under delegated authority, represented by:

- Municipal EFT Payment Numbers EFT5186 to EFT5291 inclusive, amounting to $824,885.96;

- Municipal Cheque Payments numbered 10894 to 10916 totalling $37,983.13;- Municipal Direct Debit Payments Numbers DD3297.1, DD3299.1, DD3301.1,

DD3303.1, DD3305.1, DD3308.1 & DD3312.1 amounting to $15,255.28;- Payroll for July 2013

03/07/2013 - $53,453.5417/07/2013 - $47,506.44

Be endorsed.

CARRIED 7/0

7

Item No 6.2Subject: Reconciliations July 2013

Proponent: Manager Accounting & Finance Signature of CEOFile No: ADM 0189Voting Requirements: Simple MajorityMeeting Date: 15th August, 2013

INTRODUCTION

Local Government (Financial Management) Regulation 34 (1)(a) states that a Local Government must prepare financial statements monthly.

OFFICER’S COMMENT The Shire of Morawa’s financial position is as follows:-

BANK BALANCES

The Bank Balances as at 12th August, 2013:-

- Municipal Account # $410,928.67- Trust Account $ 21,154.35- Business Telenet Saver (Reserve) $6,265,809.89- WA Treasury O/Night Facility (Super Towns) $3,208,121.22

BANK RECONCILIATION BALANCES

The Bank Reconciliation Balances for 31th July, 2013 with a comparison for 30 th July 2012 is as follows:

2013 2012

Municipal Account # $524,884.83 $830,949.36

Trust Account $21,238.35 $24,767.26

Reserve Account $9,458639.97 $11,071,381.13

RESERVE ACCOUNT

The Reserve Funds of $6,250,518.75 as at 31th July, 2013 were invested with Bank of Western Australia in the Business Telenet Saver Account and $3,208,121.22 with WA Treasury O/Night Facility. Breakdown for July 2013 with a comparison for July 2012 is as follows:-

2013 2012

8

Sports Complex Upgrade Reserve $377,227.61 $852,190.38

Land & Building Reserve $4,917.06 $4,764.23

Plant Reserve $655,035.02 $659,162.16

Leave Reserve $128,170.00 $84,534.91

Economic Development Reserve $101,273.85 $196,985.75

Sewerage Reserve $41,906.84 $479,700.73

Unspent Grants & Contributions Reserve $210,0565.11 $35,691.30

Community Development Reserve $2,311,170.07 $3,173,217.13

Water Waste Management Reserve $0.00 $66,169.80

Future Funds Reserve $1,204,253.82 $1,259,365.36

Morawa Community Trust Reserve $34,129.54 $58,810.98

Aged Care Units Reserve $8,460.00 $330,367.14

Transfer Station Reserve $314,046.90 $359,502.03

S/Towns Revitalisation Reserve $2,691,196.24 $3,009,359.34

ST Solar Thermal Power Station Reserve $515,742.33 $501,559.89Total $9,458,639.97 $11,071,381.13

STATUTORY ENVIRONMENT

Local Government Act 1995 and Local Government (Financial Management) Regulations

POLICY IMPLICATIONS

NilFINANCIAL IMPLICATIONS

As presented


NilOFFICER’S RECOMMENDATION

It is recommended that the bank reconciliation report for 31st July, 2013 be received.

COUNCIL RESOLUTION


It is recommended that the bank reconciliation report for 31st July, 2013 be received.

CARRIED 7/0

9

Item No 6.3Subject: Monthly Financial StatementsProponent: Manager Accounting & FinanceSignature of CEOVoting Requirements: Simple MajorityMeeting Date: 15th August, 2013

INTRODUCTION

Local Government (Financial Management) Regulation 34(1)(a) states that a Local Government must prepare financial statements monthly.

COMMENT The July Monthly Financial Activity Report and a copy of the schedules pertaining to Councils operations is provided under separate.

As the financial statements show Councils operations in actuals only there are no variances to report for this month due to the 2013/2014 Budget yet to be revised and adopted.


Local Government Act 1995 and Local Government (Financial Management) Regulations


As presented


Nil


It is recommended that Council receive the Statement of Financial Activity Report and note that there is no variance report for July due to the Budget yet to be adopted.

COUNCIL RESOLUTION

Moved: Cr D J CoakerSeconded: Cr G R North

It is recommended that Council receive the Statement of Financial Activity Report and note that there is no variance report for July due to the Budget yet to be adopted.

CARRIED 7/0

10

INTRODUCTION

A Strategic Plan Update and Progress Report is provided each month for Councillors information.



The Strategic Plan Update and Progress Report for the 15th August 2013, Ordinary Meeting be received.

COUNCIL RESOLUTION

Moved: Cr G R NorthSeconded: Cr D S Carslake

The Strategic Plan Update and Progress Report for the 15th August 2013, Ordinary Meeting be received.

CARRIED7/0

11

Item No: 7.1Subject: Strategic Plan Update and Progress ReportProponent: Acting Chief Executive OfficerSignature of CEO:File Number: VariousVoting Requirements: Simple Majority

INTRODUCTION

The purpose of this report is for Council to endorse the proposed design and costing’s of the Morawa Skate Park, so that the project can progress to the next stage of detailed design and construction.

ATTACHMENTS

Morawa Youth Space Concept Design Report – Prepared by Convic Design Budget for Morawa Skate ParkSite Survey – Prepared by Hillie, Thompson and Delfos Surveyors and PlannersGeotechnical Report – Prepared by Blacktop Consulting EngineersMorawa Skate Park Risk Assessment v1 – Prepared by LGIS

BACKGROUND INFORMATION

Council resolved at the May 2013 meeting;

COUNCIL RESOLUTION

Moved: Cr DS CarslakeSeconded: Cr MJ Thornton

That:-

Council appoint Convic Designs Pty Ltd as a WALGA preferred supplier to undertake the design and construction of the proposed Skate Park between the Morawa Swimming Pool and Youth Centre.

That Convic Designs Pty Ltd be required to have the Council approve the design plansand detailed costings. Before any construction commences.

CARRIED7-0

Following the above resolution at the May meeting, the Community Youth Development Officer (CYDO) began discussions with Convic around the next stages of the Morawa Skate Park project, and provided Convic with a letter of appointment to undertake the design and construction of the Morawa Skate Park. The CYDO also arranged for a site survey and geotechnical report to take place at the site of the proposed skate park, as per Convics request. Once the survey documents were received, Convic began working on a draft concept design of the Morawa Skate Park.

12

Item No: 8.1.1Subject: Morawa Skate ParkProponent: Community Youth Development Officer (CYDO)Signature of Officer:File Number:Voting Requirement: Absolute MajorityDate: 15 August 2013

Convic’s report (attached) includes a design and costing of the Morawa Youth Space.

The ‘Morawa Youth Space Concept Design Report’ has been included as an attachment.

OFFICER’S COMMENT

Design ‘Option 1’ from the ‘Morawa Youth Space Concept Design Report’ is the preferred youth facility to be constructed. The proposed facility has taken into account the voice of Morawa’s Youth Culture from the community consultation workshop which was held in March 2013. The proposed facility allows for easy access for the younger users of the park, whilst also providing skateable opportunities for the more experienced user, meaning that there are opportunities for continual progression for beginners through to more experienced users.

Convic have shown that they are a specialist design and construction company with demonstrated skill and expertise of working in regional and remote areas of Western Australia.

Anecdotal evidence suggests this project has been in the making for a number of years hence the time to move the project forward with the project is now. It is important to note that the Lotterywest funds need to be expended by December 2013.

Council are invited to review the report from Convic and the proposed Youth Facility Layout Plan, taking into consideration the voice of Morawa’s Youth Culture who have stipulated their own needs and requirements throughout the entirety of this project.


Local Government Act 1995

POLICY IMPLICATIONS

Nil


Costing’s for the project are based upon the draft ‘Concept Design Report’ which has been submitted to Council. $55,000 has been provided out of the Councils Community Development Reserve to undertake the construction of the Skate Park. The Shire has also received a grant of $199, 867.00 from Lotterywest, and donations of $28, 100.00, giving a total project budget of $282, 967.00.

Convics’ proposal includes seating; however other landscaping items such as a water fountain and bin enclosure are items which may need to be considered in the future. Lighting is also not included in the draft concept designs, or the current budget for the park; therefore further funds may need to be allocated to the park to cover the cost of these items in the future.


The Shire of Morawa Strategic Community Plan includes the following objective:-

“Create a community that is friendly, healthy and inclusive”.

Two outcomes that are listed in the plan as being related to this objective are; 13

“Provide services and facilities that meet the needs of the community” and,

“Improved and well maintained community, recreational and civic infrastructure”.

RISK MANAGEMENT

Convic will be required to erect signage that will stipulate to all participants that they use the facilities at their own risk and Council takes no responsibility for any accidents that may occur whilst using the equipment. It is required that a risk management analysis is completed as a part of the funding specifications that will need to be approved by the Health and Safety Officer. Council will be required to maintain and upkeep the equipment so that it remains in a safe and useable state. This will require regular checks of the equipment by appropriate staff.

A draft risk assessment of the Morawa Skate Park has been completed by LGIS and has been included as an attachment to this report.


It is recommended that:-

1. Council endorse design ‘Option 1’ from Convics ‘Morawa Youth Space Concept Design Report’ as the preferred design option.

2. Council accept the proposed budget for the project.

3. Council endorse the progression of the skate park project to the next stage which is detailed design works and construction, to take place in October/November 2013.

COUNCIL RESOLUTION

Moved: Cr D S CarslakeSeconded: Cr M J Thornton

that:-

1. Council endorse design ‘Option 1’ from Convics ‘Morawa Youth Space Concept Design Report’ as the preferred design option.

2. Council accept the proposed budget of $282,967.00 for the project.

3. Council authorise the progression of the skate park project to the next stage which is detailed design works and construction, to take place in October/November 2013.

CARRIED7/0

14

INTRODUCTION

This report has been re submitted to Council as the matter was unresolved at the last meeting of Council;

Montana Bulk Haulage Pty Ltd has approached Council for a Restricted Access Vehicle (RAV) 4 concessional loading approval to enable a concessional loaded pocket road train with a tri-dolly (27.5 metres in length) RAV 4 combination to travel along Morawa-Yalgoo Road, Munckton Road, Fallon Road and Koolanooka Springs Road to the Karara Mine site. The request is to operate up to five loads each week enabling the vehicle combination to deliver fuel to the site. The roads currently are listed as part of the Shire of Morawa Local Road low volume RAV 2/3 network and RAV 4 network.

ATTACHMENTS

RAV 2/3 Mapping routeRAV 4 Mapping route


Under Main Roads WA RAV networks conditions, there is a need to seek Council approval by certain RAV users to travel on roads controlled by Council.

Main Roads WA in consultation with the Shire of Morawa have classified the majority of roads and low volume roads in the Shire as RAV 2/3 networks. The network allows for RAV 3 to carry a mass of eighty four (84) tonnes with a length of twenty seven point five (27.5m) metres and a height of four point six metres (4.6 metres). RAV 2 classification is lower in weight and in some cases shorter in length. Concessional loading for a RAV 4 category allows for 23.5 tonnes for each tri axle group to carry up to a maximum gross weight up to 93.5 tonnes.

Main Roads WA website provides information regarding the Class 2/3 RAV network publication Morawa Shire LG511 Audit dated 12 March 2009.

Main Roads WA has also provided the following feedback regarding RAV 4 vehicles on Shire of Morawa Local Road RAV 2/3 network as is provide below.

‘The attached is a map showing the RAV network categories for the listed roads and the roads around it.

15

Item No: 8.2.1Subject: Re-submitted item Montana Bulk Haulage

Pty Ltd - Restricted Access Vehicle (RAV) Network Permit Shire of Morawa

Proponent: Deputy Chief Executive OfficerSignature of Officer:File Number: ADM 0287Voting Requirement: Simple MajorityMeeting Date: 15 August 2013

If Morawa Shire requests an upgrade, a route assessment would be undertaken and the road could then be added to the RAV network 4 Road Tables.

The dotted roads nearby are low volume roads which are a lower standard but are approved for infrequent use under certain conditions which could include limited number of journeys, radio contact between all heavy vehicles and no travel at school bus times. The other option for the Shire is to approve the upgrade with a CA07 condition – LGA written approval required to be obtained and carried in the vehicle.

The road design requirements for RAV 3 and RAV 4 are the same. They have the same approved maximum length and the same number of axle groups.

Council at a meeting in April 2009 provided the following:-

COUNCIL RESOLUTION

1. Council endorse the provided Main Roads Western Australia Restricted Access Vehicles Class 2/3 RAV network publication Morawa Shire LG511 audit dated 12 March 2009 and advise Main Roads of the following:-

2. Council will consider approving addition Restricted Access Vehicle Class 2/3 usage during grain harvest subject to:-

3. The Chief Executive Officer having delegated authority to approve (with consultation of the Principal Works Supervisor) applications for permit type loads on roads in the Shire of Morawa not detailed on the provided Main Roads Restricted Access Vehicles Class 2/3 RAV network publication Morawa Shire LG511 audit dated 12 March 2009, subject to the following Shire of Morawa standard conditions being adhered to:-

Standard Conditions of Use:

a) Maximum speed unsealed roads 70kms/hr or 10kms/hr less than designated signage

b) Maximum speed sealed roads 90kms/hr or 10kms/hr less than designated signagec) Maximum speed of 40kms/hr in built up areas including the Morawa Townsited) Only approved routes will be permitted in the Morawa Townsitee) Reduce speed to 60kms/hr and moving over to give way to oncoming trafficf) Headlights on at all timesg) Removing dust from tyres rims when entering sealed roadsh) Compliance with maximum gross weight limitsi) Vehicle length not to exceed 36.5 metresj) No operation after a heavy rain fall eventk) No operation during school bus routes drop off and pick up timesl) Signage warning of oversized vehicle be in operation are placed at entry and

egress points unless already in placem) Vehicle to be operated as required by the Mains Roads Class 2/3 RAV permitn) Entries to properties being serviced by the permit holder must be constructed for

safety and to prevent damage to sealed edges and road verges. Approval may be withdrawn if damage occurs and is not repaired to the satisfaction of the Council’s representative.

4. Council advises Mains Roads Western Australia of the concerns regarding the unsafe status of the Wubin Mullewa Rd for all users.

16

CARRIED7-0

OFFICER’S COMMENT

The Shire of Morawa local road network (before increased mining activity) has been subject to low level usage with the exception of harvest.

Council approval conditions for low volume road use for harvest are provided above.

Road usage was on the increase due to various activities in the region. The activities include Extractive Industries, Agricultural, Mine ore cartage, mining construction works (inclusive of supporting infrastructure) and road network upgrades.

The increased activities impact on the Council’s resources being able to maintain certain roads to a level of access and safety required and detailed in the Main Roads Heavy Vehicle Operations document ‘GUIDELINES FOR ASSESSING THE SUITABILITY OF ROUTES FOR RESTRICTED ACCESS VEHICLES’.

Permitting this application, even with conditions, places the Shire of Morawa in a difficult position both in terms of probable increased maintenance costs and creating a precedent for others to potentially follow. This request also seeks an approval window which falls outside of the grain harvest period.

The route requested is maintain on a as needs basis and a permit could be issued for a limited time to allow for any road damage to be monitored.


Local Government Act 1995Main Roads Act 1930

POLICY IMPLICATIONS

Nil


Nil


Council’s review of the process for issuing RAV permits provides part of an asset review for use of road infrastructure in the Shire. RISK MANAGEMENT

An approval of RAV network permits provides the Shire with consultation and a due diligence process for road users in the Shire of Morawa. Without the process Council’s road network assets could become unsafe and unmanageable for current resources.

There are inherent risks to the Shire in approving this request. The main risk relates to increased road maintenance costs and the other is setting a precedent for other similar applications to follow.

17

The Shire of Morawa local road network has been audited and rated. The requested roads are rated as a local volume RAV 2/3/4 roads. The requested use seeks to permit a RAV 4 combination along this route.


It is recommended:-

1. Council grant approval for Montana Bulk Haulage Pty Ltd to operate a Restricted Access Vehicle (RAV) 4 concessional loading approval to enable a concessional loaded pocket road train with a tri-dolly (27.5) RAV 4 combination to travel along Morawa-Yalgoo Road, Munckton Road, Fallon Road and Koolanooka Springs Road to the Karara Mine site

2. The approval is for Montana Bulk Haulage Pty Ltd to operate up to five loads each week enabling the vehicle combination to deliver fuel to the site.

3. The approval is for a period of twelve months to enable any road damage to be monitored

4. The approval is subject to;



b) Maximum speed sealed roads 90kms/hr or 10kms/hr less than designated signagec) Only approved routes will be permitted in the Morawa districtd) Reduce speed to 60kms/hr and moving over to give way to oncoming traffice) Headlights on at all timesf) Removing dust from tyres rims when entering sealed roadsg) Compliance with maximum gross weight limitsh) Vehicle length not to exceed 27.5 metresi) No operation after a heavy rain fall eventj) No operation during school bus routes drop off and pick up timesk) Signage warning of oversized vehicle be in operation are placed at entry and

egress points unless already in placel) Vehicle to be operated as required by the Mains Roads Category 4 RAV permit m) Entries to properties being serviced by the permit holder must be constructed for


COUNCIL RESOLUTION

Moved: Cr M J ThorntonSeconded: Cr K J Chappel

It is recommended:-

1. Council grant approval for Montana Bulk Haulage Pty Ltd to operate a Restricted Access Vehicle (RAV) 4 concessional loading approval to enable a concessional loaded pocket road train with a tri-dolly (27.5) RAV 4 combination to travel along

18

Morawa-Yalgoo Road, Munckton Road, Fallon Road and Koolanooka Springs Road to the Karara Mine site

2. The approval is for Montana Bulk Haulage Pty Ltd to operate up to five loads each week enabling the vehicle combination to deliver fuel to the site.

3. The approval is for a period of twelve months to enable any road damage to be monitored

4. The approval is subject to;



b) Maximum speed sealed roads 90kms/hr or 10kms/hr less than designated signage

c) Only approved routes will be permitted in the Morawa districtd) Reduce speed to 60kms/hr and moving over to give way to oncoming traffice) Headlights on at all timesf) Removing dust from tyres rims when entering sealed roadsg) Compliance with maximum gross weight limitsh) Vehicle length not to exceed 27.5 metresi) No operation after a heavy rain fall eventj) No operation during school bus routes drop off and pick up timesk) Signage warning of oversized vehicle be in operation are placed at entry and

egress points unless already in placel) Vehicle to be operated as required by the Mains Roads Category 4 RAV permit m) Entries to properties being serviced by the permit holder must be constructed for


MOTION LOST 3/4

COUNCIL RESOLUTION

Moved: Cr K P StokesSeconded: Cr D S Agar

The application from Montana Bulk Haulage Pty Ltd to operate a Restricted Access Vehicle (RAV) 4 concessional loading approval to enable a concessional loaded pocket road train with a tri-dolly (27.5) RAV 4 combination to travel along Morawa-Yalgoo Road, Munckton Road, Fallon Road and Koolanooka Springs Road to the Karara Mine site be REFUSED on the grounds that:

The Main Roads Western Australia Restricted access network audit does currently not permit vehicles with concessional loading for the full distance of travel on these roads.

Safety on parts of the road is a concern. CARRIED 7/0

19

INTRODUCTION

The purpose of this report is for Council to considered allocating funds from reserve for the Morawa Bush Land Trail project. A copy of the Trail Master Plan detailing the project is included as an attachment.

ATTACHMENTS

Morawa Bush Trail Plan Kulbardi Consulting Diagram of the Trail Master plan


Kulbardi Hill consulting where commissioned by the Shire of Morawa and Perenjori to provide a Trails Master Plan for the two Shires.

Three plans were identified in the 2010 plan

Old Rothsay Heritage Trail-Shire of Morawa and Perenjori Morawa Town Heritage Trail Morawa Bushland Trail

Summary of all Costs – Old Rothsay Heritage TrailProject Cost

Interpretive signs & associated elements $81,910 Site works and on-trail construction (Works List) $116,060 Directional, site and special signs, inc installation $61,540 Trail map / promotional brochure (Part 1, Section 4) $18,320 Total (not including GST)

* $277,830

*Denotes estimated total cost to be shared equally between the Shire of Morawa and Shire of Perenjori - $138,915 per Shire

This above project is yet to be funded

Summary of all Costs – Morawa Town Heritage TrailProject Cost

Interpretive signs & associated elements $76,060 Site works and on-trail construction (Works List) $49,260 Trail map / promotional brochure (Part 1, Section 4)

$ 3,650 Total (not including GST) $128,970

20

Item No: 8.2.2Subject: Morawa Perenjori Draft Trail Master PlanProponent: Deputy Chief Executive OfficerSignature of Officer:File Number:Voting Requirement: Absolute MajorityDate: 15 August 2013

The above project is yet to be funded depending of a successful Lotterywest application for $52,130.

Summary of all Costs – Morawa Bushland TrailProject Cost

Interpretive signs & associated elements $ 66,200 Site works and on-trail construction (Works List) $128,840 Trail map / promotional brochure (Part 1, Section 4)

$ 3,650 Total (not including GST) $198,690

It is also proposed that all Site works and on-trail construction activities are funded from internal Shire resources / personnel (valued at $236,130). All other costs i.e. Interpretative signs & associated elements, Directional, site and special signs (including installation) and Trail map / promotional brochures are to be funded from external grant sources. The consultant’s report also suggests some avenues which can be explored to access this external funding element (valued at $230,445). In summary, it is proposed that half the project be funded internally with this support being levered to access matching grant fund assistance.

This project has a successful Lotterywest application for $65,000

Council’s resolution from the February 2010 meeting is as follows;

COUNCIL RESOLUTION

Moved: Cr D S CarslakeSeconded: Cr G R North

1. The Joint Trail Master Plan for the Shire of Morawa and Shire of Perenjori (incorporating Trail Development Plans for priority projects in each Shire) be accepted.

2. Grant applications be prepared and submitted with targeted funding agencies to assist with project delivery.

3. Shire officers are requested to prepare a further Council agenda item seeking support for project delivery once positive external grant fund assistance has been achieved.

CARRIED BY ASOLUTE MAJORITY5-1

Cr K P Stokes voted against the motion.

The total budget cost of the two projects in 2010;

The Morawa Town Heritage trail- $128,970 The Morawa Bushland Trail $198,690

Total $327,660Minus $100,000

$227,660 (To be funded from the Shire)21

Council officers originally applied to Lottery West for a combine grant of $100,000 for two of the projects listed in the Morawa Perenjori Plan.

Lotterywest liaised with the Shire of Morawa and suggested the combined grant be separated and two separate grants be applied for.

Council re-applied for the Bush Trail grant and was successful in receiving grant funding of $65,000 leaving a short fall of the estimate from the 2010 budget estimate of $133,690.

The officers report from February 2010 lists the consultants cost for the Bush Trail as $66,200. A revised quote has since been received with a 10% inflationary increase.

Hence it would be fair to say this rate should be applied to the Bush Trail project for 2013-2014.

Applying the 10% inflation rate for the Bush Trails project now puts the cost of the project at $218,559 minus the grant of $65,000 leaving $153,559.00 to be funded by Council.

Council’s Corporate Business Plan has scheduled the projects to commence in 2014-2015 and have been included in the Shire of Morawa Long Term Financial Plan

OFFICER’S COMMENT

The consultants recommended three components to the final Trail Master Plan for the Shire of Morawa:-

Old Rothsay Heritage (Drive) Trail for Morawa & Perenjori(joint project) Morawa Town Heritage Trail Morawa Bushland Trail

A description of the Morawa Bushlands Trail project is detailed below

Extract from the Trails Plan

Morawa Bushland Trail Project

The Morawa Bushland Trail is a pleasant 4,110 meter walk through a revegetated water catchment area to an attractive remnant bushland to the north west of the town. It can be commenced from either of two locations: the information bay on Winfield Street or from the actual commencement point of the new trail, just of the Mullewa – Wubin Road.

The route chosen will provide 23 interpretative sites, several seats for users to rest a while and enjoy the outlook and 5 rusty steel cut outs for visitors to enjoy. The trail route has been chosen to be easily accessible to most walkers. It is of moderate length (at just over 4 kilometres) and will be well signposted to ensure users can easily navigate their way around. A walk of this length will take most people between an hour and an hour and a half to complete.

The trail will become a major drawcard during wildflower season and the area chosen to be traversed has been carefully selected to take maximum benefit of these natural seasonal attractions.

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Now is the time to engage the consultant to commence work on the bush trial project ready for next spring and the completion of the Super-town town site revitalisation program.

The issue is how to provide the funding.

Council could allocate funds from the Community Development reserve in the 2014-2015 budget year however this may delay commencement of the project.

The previous budget indicates a $61,125 budget for materials, $56,015 for labour, plus the consultant, contingency and marketing which meant Council cash contribution would be approximately $59,000 if the work is carried out internally. However with a busy 2013-2014 works schedule this is unlikely.

The way forward is to allocate all of the funds from a reserve now to cover costs and commence the project, if Councils work crew can contribute then there will be a saving.

Council could then allocate funds in the 2014-2015 budget years to replenish the funds back into the reserve.

The Community Development Reserve currently has sufficient funds however a final balance is not available at the time of this report but will be provided at the meeting.


Local Government Act 1995

POLICY IMPLICATIONS

Nil


Applying the 10% inflation rate for the Bush Trails project now puts the cost of the project at $218,559 minus the grant of $65,000 leaving $153,559.00 to be funded by Council.


The adopted Shire of Morawa Strategic Plan / Plan for the Future (as updated) includes the following strategy:-

“Under an integrated Tourism Strategy:- 1) Secure funding and undertake studies to support works to construct new walk and drive trails throughout Morawa and the region”.

RISK MANAGEMENT

Extract for previous report

The finance risk relates to the annual Shire budget cycle. The proposed funding mix recommends that half the project be funded from internal sources. Of this portion ($236,130), approximately half of this cost is internal labour (which is an allocation issue) with the remainder materials and other out of pocket expenditure. It is the out of pocket costs (approximately $59,000) which will have the greatest impact on Shire finances.

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However without shire input the revised cost is $153,559.00


It is recommended :-

1. Council approves an allocation of $153,559.00 from the Community Development Reserve to progress the Morawa Bush Trails project.

2. Shire officers are requested to prepare a further Council agenda item seeking support for the Morawa Town Heritage Trail project delivery once positive external grant fund assistance has been achieved.

COUNCIL RESOLUTION


That:-

1. Council approves an allocation of $153,559.00 from the Community Development Reserve to progress the Morawa Bush Trails project.

2. Shire officers are requested to prepare a further Council agenda item seeking support for the Morawa Town Heritage Trail project delivery once positive external grant fund assistance has been achieved.

After discussion the Mover and seconder sought the Councils permission to withdraw the motion.

The President put the withdrawal request to the CouncilCARRIED

7/0

COUNCIL RESOLUTION


The matter be deferred to the September meeting to allow staff to re-examine options to fund the project or defer the Lotterywest grant until the 2014-2015 financial year

CARRIED7/0

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INTRODUCTION

The purpose of this report is for Council to initiate an amendment (Amendment No. 3) to the Shire’s Local Planning Scheme No. 2, being an omnibus scheme amendment which relates to various items considered necessary to implement the Morawa Growth and Implementation Plan.

ATTACHMENTS

Attachment 1 – Scheme Amendment DocumentAttachment 2 – Proposal Location Plan


The Shire of Morawa Local Planning Scheme No. 2 (LPS2) was gazetted on 21 May 2007 and is now 6 years old. The Town Planning Regulations 1967 requires that local planning schemes be reviewed on a five (5) yearly basis.

The recent preparation and endorsement of the Morawa SuperTowns Growth and Implementation Plan (Growth Plan) is intended to inform the preparation of a new local planning scheme for the district (scheme review).

A scheme review process can take in the order of two (2) years to complete and therefore it is considered necessary to undertake a number of amendments to the existing LPS2, in order to reflect short term projects and strategies recommended in the Growth Plan.

The omnibus scheme amendment has been prepared in order to incorporate the key short term strategies and recommendations of the Growth Plan into LPS2.

OFFICER’S COMMENT

This omnibus scheme amendment is an interim measure which proposes to introduce new opportunities into the Shire’s LPS2, which accords with key recommendations of the Growth Plan, while acknowledging that a comprehensive review of the existing scheme is currently being undertaken to ensure the local planning framework reflects the strategic direction for growth of the Shire over the next 10 to 15 years.

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Item No: 8.3.1Subject: Proposed Amendment No. 3 to Local Planning

Scheme No. 2 (Omnibus Scheme Amendment)Proponent: A/Chief Executive OfficerSignature of Officer:File Number:Voting Requirement: Simple MajorityMeeting Date: August 2013

There are seven proposed amendments to LPS2 within this amendment which are summarised below.

Proposal 1Development requirements for ‘Single House’ within the ‘Commercial’ Zone

A number of properties within the ‘Commercial’ zone are being utilised for residential purposes. Caretaker’s dwelling, grouped dwelling, multiple dwelling, residential building and single house are all listed as ‘AA’ uses within the ‘Commercial’ zone. The occupation of commercial tenancies for residential purposes has the potential to dilute the retail and commercial activity along Winfield Street and Solomon Terrace thereby undermining the ability to achieve the aspirations of the Growth Plan to support a town with a population of 2,500 people with a viable commercial and retail centre. The Growth Plan recommends strengthening Winfield Street as the retail ‘heart’ of the Town and also recommends that Solomon Terrace be a ‘Live/Work’ precinct that supports local businesses while still permitting residential dwellings either above or behind commercial/retail premises.

In this context, it is considered that residential uses within the ‘Commercial’ zone may be appropriate provided that they do not compromise the commercial objectives of that zone. Therefore it is proposed to insert design requirements relating to the establishment of residential uses within the ‘Commercial’ zone. These proposed design requirements include the requirement for a dwelling to either be located at the rear of the lot or above a commercial tenancy and also limiting residential uses to occupy an area of not more than 40% of a commercial property. This will ensure viable commercial tenancies can be established on a lot within the Commercial zone as the predominant land use, while also permitting residential uses behind or above these tenancies.

Existing approved residential uses within the ‘Commercial’ zone would continue to retain nonconforming use rights in accordance with Part VII of LPS2.

This proposal is intended to be an interim measure prior to the Shire undertaking a full Scheme review process, which is proposed to commence in the near future. The full Scheme review would include a thorough investigation of the objectives and use permissibility of the Shire’s ‘Commercial’ zone. This proposal represents an improvement to that permitted by the Scheme currently, in that it sets design criteria for residential development and uses so that these uses do not compromise the objectives of the ‘Commercial’ zone, where the Shire deems it appropriate to approve a residential use within the ‘Commercial’ zone.

Proposal 2Mixed Use Zone

Valentine Street has been identified as a transitional area within the town centre in that it should primarily reflect a residential character given its interface with adjacent residential zoned land to the east, however should still retain an opportunity to support small local business ventures to contribute to the economic diversity and life of the town.

In order to support the above, it is proposed to introduce a new ‘Mixed Use’ zone within LPS2 and rezone those ‘Commercial’ zoned properties fronting Valentine Street to the new ‘Mixed Use’ zone. The new ‘Mixed Use’ zone will have the following objectives:

a. to provide for a compatible mixture of residential development with small scale businesses in a primarily residential scale environment.

b. allow appropriate businesses to locate and develop in conjunction with residential uses.26

c. provide an increase to the level of employment opportunities in the locality.

Proposal 3Former Hospital Site

The former hospital site is located at Location 440 (No. 1) Caulfield Road in Morawa. The site is 3.3909 ha in area with the former and disused hospital building located on a portion of the site. The site is currently reserved for ‘Public Purposes’ (Hospital) and is also reserved for the same purpose. Recently the new Morawa District Hospital was established at the corner of Caulfield Road and Yewers Avenue and therefore the former hospital site is no longer required to be retained for public purposes.

A proposal is currently before the Department of Regional Development and Lands to transfer this site to the Shire of Morawa.

Given the uncertainty regarding a fixed development outcome for the former hospital site, it is proposed to rezone the site from ‘Public Purposes’ to ‘Special Use’ with a range of permissible uses to support alternative development outcomes for the site. The range of permissible uses proposed for the site include:

• ‘Aged or Dependent Persons Dwelling’• ‘Caretakers Dwelling’• ‘Residential Building’• ‘Transient Workforce Accommodation’• ‘Tourist Accommodation’• ‘Grouped Dwelling’• ‘Multiple Dwelling’

This proposal is in accordance with Strategy 94 and 95 of the Growth Plan which supports the establishment of key worker, tourist and aged persons dwellings.

Proposal 4Residential Density Review

Strategy 93 of the Growth Plan seeks to promote infill redevelopment opportunities within the existing townsite boundaries by rezoning various sites throughout the town to address housing needs. The Growth Plan also promotes the diversification of housing product to reflect the growing and diverse needs of the community, including need for key worker accommodation, aged persons dwellings, couples and small families.

Specifically, the Growth Plan identifies an R40 density code for commercial properties within the Solomon Terrace precinct and R30 for those lots fronting the boulevard streets on the eastern side of town.

Clause 4.2 of LPS2 relates to the special application of the Residential Design Codes whereby it states:

“In area codes R10/30, the development standards of the R10 Code shall apply, except that the Council may permit development to the density and standards of the R30 Code only if:

(i) the development is connected to reticulated sewerage;

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(ii) the lot has a minimum area of 1,000m2 and is located within 300 metres of commercial and civic services and facilities; and

(iii) the Council, after following the advertising procedures in clause 6.3 is satisfied there will not be any adverse impacts on local amenity.”

Proposal 5Rural Residential Lots fronting Golf Course

Strategy 93 of the Growth Plan recommends rezoning the Rural Residential lots located on Evans Street fronting the golf course to ‘Residential’ with a density code of R30. This proposal has the potential to provide a significant increase to the capacity of residential land within the existing townsite boundaries. The resultant residential lots will have a high level of amenity afforded by the outlook on to the golf course and via the extension of the boulevard streets into the new subdivision.Given that the landownership is fragmented and represents a large area of new residential land with the potential to generate in the order of 130 residential lots, it is recommended that new structure planning provisions be introduced via a new ‘Development Area’ special control area, in order to facilitate a coordinated approach to the future subdivision and development of the land.The resultant subdivision of new residential lots and development of residential housing would also improve the quality of housing on the eastern side of the railway line, which is commonly viewed as the run down side of town.The existing rural residential lots on the eastern boundary of the townsite would be retained as rural residential sized lots, to ensure the rural residential lifestyle is still provided for within Town.

Proposal 6Caravan Park Site

The site zoned ‘Special Use’ relating to the Morawa Caravan Park, currently accommodates the Morawa Caravan Park and additionally, also contains the Ausco transient workforce accommodation units. The land zoned for ‘Special Use’ (Caravan Park) exceeds the requirements for tourist accommodation within Morawa and it also accommodates existing transient workforce accommodation which technically is not permitted within the parameters of the current ‘Special Use’ zone. It is therefore proposed to retain the ‘Special Use’ zone with a ‘Caravan Park’ being a permissible land use, but extend this permissibility to include the use classification of ‘Transient Workforce Accommodation’. A definition for ‘Transient Workforce Accommodation’ is already provided in LPS2, as follows:

‘Transient Workforce Accommodation - dwellings intended for the temporary accommodation of transient workers and may be designed to allow transition to another use or may be designed as a permanent facility for transient workers and includes a contractors camp and dongas.’

Proposal 7Consistency in using the ‘X’ symbol in the Zoning Table

Proposal 7 relates to deleting the ‘X’ symbol as it appears within Table 1 against various zones within the ‘Transient Workforce Accommodation’ use classification. The ‘X’ symbol is made superfluous by sub clause 3.2.3 which states “Where no symbol appears in the cross reference of a use class against a zone in the Zoning Table a use of that class is not permitted in that zone.”

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PROCESS

Following the Council’s initiation of the amendment it will be forwarded to the Environmental Protection Authority (EPA) for a period of 30 days for it to consider the level of environmental assessment. Following this, the amendment will be advertised for 42 days before being referred back to the Council for consideration in light of any submissions received.

Following Council adopting the amendment, it will be forwarded to the Western Australian Planning Commission (WAPC) for consideration before being sent to the Minister for Planning for approval and gazettal.


Local Government Act 1995Planning and Development Act 2005

POLICY IMPLICATIONS

Nil.


The Shire has received a total of $55,000 grant agreement via the Department of Planning’s Northern Planning Projects funding scheme. This grant will cover the entire cost associated with the preparation of the omnibus scheme amendment.


The omnibus scheme amendment is required to implement those strategies considered to be immediate or short term strategies as contained within the Shore of Morawa SuperTowns Growth and Implementation Plan.

RISK MANAGEMENT

Not applicable.


That Council, in pursuance of Section 75 of the Planning and Development Act 2005, amend Town Planning Scheme No. 2 as follows:

1. Amend the Scheme Map by:-

1.1 rezoning Lots 19, 453 (Reserve 50533) and Lots 21 to 24 Valentine Street from ‘Commercial’ to ‘Mixed Use’;

1.2 amending the residential density code applicable to all lots bound by White Avenue to the north, Winfield Street to the east, Caulfield Road to the south and Dreghorn Street to the west from ‘R10/R30’ to ‘R40’;

1.3 amending the residential density code applicable to all lots bound by Evan Street to the north, Valentine Street to the east, Stokes Road to the south and Solomon Terrace to the west from ‘R10/R30’ to ‘R40’;

1.4 amending the residential density code applicable to all lots bound by Evan Street to the north, Neagle Street to the east, Stokes Road to the south and Valentine Street to the west from ‘R10/R30’ to ‘R30’;

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1.5 reclassifying Location Number 440 (Reserve 19507) from ‘Public Purposes’ to ‘Special Use’ with the notation ‘V’ (Various) and amending the Scheme map legend accordingly;

1.6 rezoning Lot 90 Valentine Street and Lots 91 to 94 Evans Street from ‘Rural Residential’ to ‘Residential’ and ‘Development Area’ special control area and Lot 1 Evans Street from ‘Public Purposes’ to ‘Residential’ and ‘Development Area’ special control area and amending the Scheme map legend accordingly.

2. Amend the Scheme Text by:-

2.1 inserting a new clause 4.7.2.1 as follows:

“4.7.2.1 In addition to the site requirements of Table 2, where a caretaker’s dwelling, grouped dwelling, multiple dwelling, residential building or single house is proposed within the Commercial zone, it must comply with the following:a) be located at the rear of the lot or above the commercial frontage so as

not to limit the commercial potential of the property.b) the dwelling must occupy no more than 40% of the lot area.”

2.2 deleting part (ii) of Clause 4.2 and resubstituting with the following:

‘(ii) the lot has a minimum lot area of 2,000 m2’.

2.3 inserting item (8.) within sub-clause 3.1.1, as follows:

‘8. Mixed Use’

2.4 inserting the following within Table 2 – Site Requirements:

“ZONE MINIMUM SETBACKS FROM BOUNDARIES

FRONT REAR SIDE

Mixed Use At the discretion of Council”

2.5 inserting a new Clause 4.12, as follows:

“4.12 MIXED USE ZONE

4.12.1 Objectivesa) to provide for a compatible mixture of residential development with

small scale businesses in a primarily residential scale environment.b) allow appropriate businesses to locate and develop in conjunction with

residential uses.c) provide an increase to the level of employment opportunities in the

locality.

4.12.2 Site Requirements: See Table 2.

4.12.3 Development Requirements4.12.3.1 Development shall not exceed 2 storeys in height except

where the Council considers that particular circumstances may warrant an exception being made and provided such development will not affect local amenity

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and is consistent with the residential scale and amenity of the place.”

2.6 inserting the following permissible land uses against the ‘Mixed Use’ zone within Table 1:

Uses Mixed UseAged or dependent persons dwelling AAAncillary accommodation AACaravan parkCaretakers dwelling AACivic building AAClub premisesConsulting rooms AADry cleaning establishment SAEducation establishmentFuel depotGrouped dwelling PHome occupation SAHotelIndustry cottage AAIndustry – extractiveIndustry – generalIndustry – lightIndustry – ruralIndustry – serviceIntensive agricultureMotel SAMotor vehicle repairMultiple dwelling POffice PPiggeryPlant nurseryPoultry farmPublic amusementPublic utility AAPublic worship AAResidential building AARestaurantRural home businessRural pursuitService stationShopShowroom AASingle house PTrade displayTransient workforce accommodationTransport depotTourist accommodation SATourist facilitiesVeterinary hospital

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2.7 inserting the a new item within Appendix No. 3 – Special Use zone, as follows:

NO LAND PARTICULARS

PERMITTED USES DEVELOPMENT STANDARDS/CONDITIONS

2. Location 440 (Reserve 19507) Caulfield Road, Morawa

Aged or Dependant Persons Dwelling

Caretakers Dwelling Residential Building Transient Workforce

Accommodation Tourist

Accommodation Grouped Dwelling Multiple Dwelling

As determined by Council

2.8 inserting a new Part V as follows in the Scheme text and renumber subsequent parts accordingly:

“PART V – SPECIAL CONTROL AREAS

5.1 Operation of Special Control Areas

5.1.1 The following special control areas are shown on the Scheme Map:(a) Development Areas shown on the Scheme Map as DA with a

number and included in Appendix 9.

5.1.2 In respect of a special control area shown on a Scheme Map, the provisions applying to the special control area apply in addition to the provisions applying to any underlying zone or reserve and any general provisions of the Scheme.

5.2 Development Areas

5.2.1 Interpretation

In clause 5.2, unless the context otherwise requires:

‘owner’ means an owner or owners of land in the Development Area; and‘structure plan’ means a structure plan that has come into effect in accordance with clause 5.2.12.1.

5.2.2 Purpose of Development Areas

5.2.2.1 The purposes of Development Areas are to:(a) identify areas requiring comprehensive planning; and(b) coordinate subdivision and development in areas requiring

comprehensive planning.

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5.2.2.2 Appendix 9 describes the Development Areas in detail and sets out the specific purposes and requirements that apply to the Development Areas.

5.2.3 Subdivision and Development in Development Areas

5.2.3.1 The development of land within a Development Area is to comply with Appendix 9.

5.2.3.2 The subdivision and development of land within a Development Area is to generally be in accordance with any structure plan that applies to that land.

5.2.4 Structure Plan Required

5.2.4.1 The local government is not to:

(a) consider recommending subdivision; or(b) approve development;

of land within a Development Area unless there is a structure plan for the Development Area or for the relevant part of the Development Area.

5.2.4.2 Notwithstanding clause 5.2.4.1, a local government may recommend subdivision or approve the development of land within a Development Area prior to a structure plan coming into effect in relation to that land, if the local government is satisfied that this will not prejudice the specific purposes and requirements of the Development Area.

5.2.5 Preparation of Proposed Structure Plans

5.2.5.1 A proposed structure plan may be prepared by:(a) the local government; or(b) an owner.

5.2.5.2 A proposed structure plan may be prepared for all, or part of, a Development Area.

5.2.6 Details of Proposed Structure Plan

5.2.6.1 A proposed structure plan should include the following details where deemed relevant:

(a) a map showing the area to which the proposed structure plan is to apply;

(b) landform and topography; (c) existing and proposed road systems and transport networks,

including the standards of future roads; (d) location of commercial, community facilities and recreation

areas, consistent with the projected needs of the locality; (e) proposed population and residential densities, where

appropriate; 33

(f) existing and proposed services; (g) staging of the development; (h) geotechnical suitability of the land for development; (i) natural features to be retained and public parklands;(j) urban water management and drainage considerations; (k) conservation and environmental considerations including, but not

limited to, flora and fauna impacts, groundwater quality, pollution, watercourses;

(l) sites and features of Aboriginal and European heritage value; (m) any other information as shall be requested by the Council,

including specific density coding designations; (n) a written report to explain the mapping and to address the

following:(i) the planning framework for the structure plan including any

applicable regional or district structure plans, and any policies, strategies and scheme provisions which apply to the land, and any environmental conditions which apply under the Scheme;

(ii) the site analysis including reference to the matters listed above, and, in particular, the significance of the conservation, environmental and heritage values of the site;

(iii) the context analysis including reference to the matters listed above;

(iv) how planning for the Development Area is to be integrated with the surrounding land;

(v) the design rationale for the proposed pattern of subdivision, land use and development;

(vi) traffic management and safety; (vii) parkland provision and management; (viii) urban water management; (ix) proposals for public utilities including sewerage, water

supply, drainage, gas, electricity and communication services;

(x) the proposed method of implementation including any cost sharing arrangements and details of any staging of subdivision and development; and

(xi) Any other matter that is required for orderly and proper planning.

5.2.6.2 The maps referred to in clause 5.2.6.1 are to:(a) be drawn to a scale that clearly illustrates the details referred to

in clause 5.2.6.1; and(b) include a north point, visual bar scale, key street names and a

drawing title and number.

5.2.6.3 A proposed structure plan may, to the extent that it does not conflict with Scheme, impose a classification on the land included in it by reference to reserves, zones or the Residential Design Codes, and where the proposed structure plan becomes a structure plan, the local government is to have due regard to such reserves, zones or Residential Design Codes when recommending subdivision or approving development of land within a Development Area.

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5.2.6.4 A proposed structure plan must, in the opinion of the local government, be consistent with orderly and proper planning.

5.2.7 Submission to Local Government and Commission

5.2.7.1 A proposed structure plan prepared by an owner is to be submitted to the local government.

5.2.7.2 Within seven days of preparing or receiving a proposed structure plan which proposes the subdivision of land, the local government is to forward a copy of the proposed structure plan to the Commission.

5.2.7.3 The Commission is to provide comments to the local government as to whether it is prepared to endorse the proposed structure plan with or without modifications.

5.2.7.4 The Commission must provide its comments to the local government within 30 days of receiving the proposed structure plan.

5.2.8 Advertising of Structure Plan

5.2.8.1 Within 60 days of preparing or receiving a proposed structure plan that conforms with clause 5.2.6.1 and complies with the Scheme (or such longer time as may be agreed in writing between the owner who submitted the proposed structure plan and the local government), the local government is to:

(a) Advertise, or require the owner who submitted the proposed structure plan to advertise, the proposed structure plan for public inspection in accordance with the advertising procedures outlined in clause 6.3.3, except that the submission period shall be extended to 60 days, to persons that are likely to be affected by the adoption of the proposed structure plan.

5.2.9 Adoption of Proposed Structure Plan

5.2.9.1 The local government is to consider all submissions received and within 60 days of the latest date specified in the notice or advertisement for the making of submissions is to:(a) adopt the proposed structure plan, with or without modifications;

or(b) refuse to adopt the proposed structure plan and, where the

proposed structure plan was submitted by an owner, give reasons for this to the owner.

5.2.9.2 (a) in making a determination under clause 5.2.9.1, the local government is to have due regard to the comments and advise received from the Commission in relation to the proposed structure plan.

(b) If the Commission requires modifications to the proposed structure plan, the local government is to consult with the Commission prior to making a determination under clause 5.2.9.1.

35

5.2.9.3 If the local government, after consultation with the Commission, is of the opinion that a modification to the proposed structure plan is substantial, the local government may:(a) readvertise the proposed structure plan; or(b) require the owner who submitted the proposed structure plan to

readvertise the proposed structure plan;and thereafter, the procedures set out in clause 5.2.8.1 onwards are to apply.

5.2.9.4 If within the period referred to in clause 5.2.9.1, or such further time as may be agreed in writing between the owner who submitted the proposed structure plan and the local government, the local government has not made a determination under clause 5.2.9.1, the local government is deemed to have refused to adopt the proposed structure plan.

5.2.10 Endorsement by Commission

5.2.10.1 If the proposed structure plan proposes the subdivision of land, then within seven days of making its determination under clause 5.2.9.1, the local government is to forward the proposed structure plan to the Commission for its endorsement.

5.2.10.2 as soon as practicable after receiving the proposed structure plan, the Commission is to determine whether to endorse the proposed structure plan and notify the local government of its determination accordingly.

5.2.11 Notification of Structure Plan

5.2.11.1 As soon as practicable after adopting a proposed structure plan under clause 5.2.9.1 and if clause 5.2.10 applies, as soon as practicable after being notified of the Commission’s decision under clause 5.2.10.2, the local government is to forward a copy of the structure plan to:(a) any public authority or person that the local government thinks

fit;(b) where the structure plan was submitted by an owner, to the

owner.

5.2.12 Operation of Structure Plan

5.2.12.1 A structure plan comes into effect:(a) where the structure plan proposes the subdivision of land, on the

day on which it is endorsed by the Commission pursuant to clause 5.2.10.2; or

(b) on the day on which it is adopted by the local government under clause 5.2.9.1 in all other cases.

5.2.12.2 If a provision of a structure plan is inconsistent with a provision of the Scheme, then the provision of the Scheme prevails to the extent of the inconsistency.

5.2.13 Inspection of Structure Plan36

5.2.13.1 The structure plan and the Commission’s notification under clause 5.2.10.3 is to be kept at the local government’s administrative offices, and is to be made available for inspection by any member of the public during office hours.

5.2.14 Variation to Structure Plan

5.2.14.1 The local government may vary a structure plan:(a) by resolution if, in the opinion of the local government, the

variation does not materially alter the intent of the structure plan;

(b) otherwise, in accordance with the procedures set out in clause 5.2.6 onwards.

5.2.14.2 If the local government varies a structure plan by resolution, and the variation does not propose the subdivision of land, the local government is to forward a copy of the variation to the Commission within 10 days of making the resolution.

5.2.14.3 If the local government varies a structure plan by resolution, and the variation proposes the subdivision of land, the local government is to forward a copy of the variation to the Commission within 10 days of making the resolution for its endorsement.

5.2.14.4 As soon as practicable after receiving the copy of the variation referred to in clause 5.2.14.3, the Commission is to determine whether to endorse the proposed variation.

5.2.14.5 The Commission is to notify the local government of its determination under clause 5.2.14.4.

5.2.14.6 A variation to a structure plan by resolution comes into effect:(a) where the variation proposes the subdivision of land, on the


(b) on the day on which the local government resolves to make the variation under clause 5.2.14.1 (a).

2.9 inserting a new Appendix 9 – Development Areas with the following table inserted:

REF. NO. AREA PROVISIONSDA 1 Lot 1 Evans Street,

Lot 90 Valentine Street and Lots 91-94 Evans Street

1. An approved Structure Plan together with all approved amendments shall apply to the land in order to guide subdivision and development.

2. Land uses classified on the Structure Plan apply in accordance with clause 5.2.6.3.

2.10 inserting ‘transient workforce accommodation’ as a ‘permitted use’ within item no. 1 of Appendix No. 3 – Special Use Zone, as follows:

37

NO LAND PARTICULARS


1. Lot 425 Reserve 33537 White Avenue, Morawa

Caravan Park Transient

Workforce Accommodation


2.11 deleting the ‘X’ symbol within Table 1 against the ‘Transient Workforce Accommodation’ use class within the ‘Residential’, ‘Industrial’ and ‘Rural Residential’ zone columns.

3. That the CEO refer the Scheme Amendment documents to the Environmental Protection Authority for its assessment in accordance with Section 48 of the Environmental Protection Act 1986; and

4. Subject to a response from the Environmental Protection Authority advising that the Scheme Amendment does not warrant formal assessment, proceed to advertise the scheme amendment, Planning Report and supporting documents in accordance with the Planning and Development Act 2005 and Regulation 25 of the Town Planning Regulations 1967.

COUNCIL RESOLUTION


That Council, in pursuance of Section 75 of the Planning and Development Act 2005, amend Town Planning Scheme No. 2 as follows:

1. Amend the Scheme Map by:-

1.1 rezoning Lots 19, 453 (Reserve 50533) and Lots 21 to 24 Valentine Street from ‘Commercial’ to ‘Mixed Use’;1.2 amending the residential density code applicable to all lots bound by White

Avenue to the north, Winfield Street to the east, Caulfield Road to the south and Dreghorn Street to the west from ‘R10/R30’ to ‘R40’;

1.3 amending the residential density code applicable to all lots bound by Evan Street to the north, Valentine Street to the east, Stokes Road to the south and Solomon Terrace to the west from ‘R10/R30’ to ‘R40’;

1.4 amending the residential density code applicable to all lots bound by Evan Street to the north, Neagle Street to the east, Stokes Road to the south and Valentine Street to the west from ‘R10/R30’ to ‘R30’;

1.5 reclassifying Location Number 440 (Reserve 19507) from ‘Public Purposes’ to ‘Special Use’ with the notation ‘V’ (Various) and amending the Scheme map legend accordingly;

1.6 rezoning Lot 90 Valentine Street and Lots 91 to 94 Evans Street from ‘Rural Residential’ to ‘Residential’ and ‘Development Area’ special control area and Lot 1 Evans Street from ‘Public Purposes’ to ‘Residential’ and ‘Development Area’ special control area and amending the Scheme map legend accordingly.

2. Amend the Scheme Text by:-

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2.1 inserting a new clause 4.7.2.1 as follows:

“4.7.2.1 In addition to the site requirements of Table 2, where a caretaker’s dwelling, grouped dwelling, multiple dwelling, residential building or single house is proposed within the Commercial zone, it must comply with the following:c) be located at the rear of the lot or above the commercial frontage

so as not to limit the commercial potential of the property.d) the dwelling must occupy no more than 40% of the lot area.”

2.2 deleting part (ii) of Clause 4.2 and resubstituting with the following:

‘(ii) the lot has a minimum lot area of 2,000 m2’.

2.3 inserting item (8.) within sub-clause 3.1.1, as follows:

‘8. Mixed Use’

2.4 inserting the following within Table 2 – Site Requirements:

“ZONE MINIMUM SETBACKS FROM BOUNDARIES

FRONT REAR SIDE

Mixed Use At the discretion of Council”

2.10 inserting a new Clause 4.12, as follows:

“4.12 MIXED USE ZONE

4.12.1 Objectivesa) to provide for a compatible mixture of residential development with

small scale businesses in a primarily residential scale environment.b) allow appropriate businesses to locate and develop in conjunction with

residential uses.c) provide an increase to the level of employment opportunities in the

locality.

4.12.2 Site Requirements: See Table 2.

4.12.3 Development Requirements4.12.3.1 Development shall not exceed 2 storeys in height except

where the Council considers that particular circumstances may warrant an exception being made and provided such development will not affect local amenity and is consistent with the residential scale and amenity of the place.”

2.11 inserting the following permissible land uses against the ‘Mixed Use’ zone within Table 1:

Uses Mixed UseAged or dependent persons dwelling AAAncillary accommodation AA

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Caravan parkCaretakers dwelling AACivic building AAClub premisesConsulting rooms AADry cleaning establishment SAEducation establishmentFuel depotGrouped dwelling PHome occupation SAHotelIndustry cottage AAIndustry – extractiveIndustry – generalIndustry – lightIndustry – ruralIndustry – serviceIntensive agricultureMotel SAMotor vehicle repairMultiple dwelling POffice PPiggeryPlant nurseryPoultry farmPublic amusementPublic utility AAPublic worship AAResidential building AARestaurantRural home businessRural pursuitService stationShopShowroom AASingle house PTrade displayTransient workforce accommodationTransport depotTourist accommodation SATourist facilitiesVeterinary hospital

2.12 inserting the a new item within Appendix No. 3 – Special Use zone, as follows:

NO LAND PARTICULARS


2. Location 440 (Reserve

Aged or Dependant Persons Dwelling


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19507) Caulfield Road, Morawa

Caretakers Dwelling Residential Building Transient Workforce

Accommodation Tourist

Accommodation Grouped Dwelling Multiple Dwelling

2.13 inserting a new Part V as follows in the Scheme text and renumber subsequent parts accordingly:

“PART V – SPECIAL CONTROL AREAS

5.1 Operation of Special Control Areas

5.1.1 The following special control areas are shown on the Scheme Map:(b) Development Areas shown on the Scheme Map as DA with a

number and included in Appendix 9.

5.1.2 In respect of a special control area shown on a Scheme Map, the provisions applying to the special control area apply in addition to the provisions applying to any underlying zone or reserve and any general provisions of the Scheme.

5.2 Development Areas

5.2.1 Interpretation

In clause 5.2, unless the context otherwise requires:

‘owner’ means an owner or owners of land in the Development Area; and‘structure plan’ means a structure plan that has come into effect in accordance with clause 5.2.12.1.

5.2.2 Purpose of Development Areas

5.2.2.1 The purposes of Development Areas are to:(c) identify areas requiring comprehensive planning; and(d) coordinate subdivision and development in areas requiring

comprehensive planning.

5.2.2.2 Appendix 9 describes the Development Areas in detail and sets out the specific purposes and requirements that apply to the Development Areas.

5.2.3 Subdivision and Development in Development Areas

5.2.3.1 The development of land within a Development Area is to comply with Appendix 9.

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5.2.3.2 The subdivision and development of land within a Development Area is to generally be in accordance with any structure plan that applies to that land.

5.2.4 Structure Plan Required

5.2.4.1 The local government is not to:

(c) consider recommending subdivision; or(d) approve development;

of land within a Development Area unless there is a structure plan for the Development Area or for the relevant part of the Development Area.

5.2.4.2 Notwithstanding clause 5.2.4.1, a local government may recommend subdivision or approve the development of land within a Development Area prior to a structure plan coming into effect in relation to that land, if the local government is satisfied that this will not prejudice the specific purposes and requirements of the Development Area.

5.2.5 Preparation of Proposed Structure Plans

5.2.5.1 A proposed structure plan may be prepared by:(c) the local government; or(d) an owner.

5.2.5.2 A proposed structure plan may be prepared for all, or part of, a Development Area.

5.2.6 Details of Proposed Structure Plan

5.2.6.1 A proposed structure plan should include the following details where deemed relevant:

(o) a map showing the area to which the proposed structure plan is to apply;

(p) landform and topography; (q) existing and proposed road systems and transport networks,

including the standards of future roads; (r) location of commercial, community facilities and recreation

areas, consistent with the projected needs of the locality; (s) proposed population and residential densities, where

appropriate; (t) existing and proposed services; (u) staging of the development; (v) geotechnical suitability of the land for development; (w) natural features to be retained and public parklands;(x) urban water management and drainage considerations; (y) conservation and environmental considerations including, but

not limited to, flora and fauna impacts, groundwater quality, pollution, watercourses;

(z) sites and features of Aboriginal and European heritage value; 42

(aa)any other information as shall be requested by the Council, including specific density coding designations;

(bb)a written report to explain the mapping and to address the following:(xii) the planning framework for the structure plan including

any applicable regional or district structure plans, and any policies, strategies and scheme provisions which apply to the land, and any environmental conditions which apply under the Scheme;

(xiii)the site analysis including reference to the matters listed above, and, in particular, the significance of the conservation, environmental and heritage values of the site;

(xiv)the context analysis including reference to the matters listed above;

(xv) how planning for the Development Area is to be integrated with the surrounding land;

(xvi)the design rationale for the proposed pattern of subdivision, land use and development;

(xvii) traffic management and safety; (xviii) parkland provision and management; (xix)urban water management; (xx) proposals for public utilities including sewerage, water

supply, drainage, gas, electricity and communication services;

(xxi)the proposed method of implementation including any cost sharing arrangements and details of any staging of subdivision and development; and

(xxii) any other matter that is required for orderly and proper planning.

5.2.6.2 The maps referred to in clause 5.2.6.1 are to:(a) be drawn to a scale that clearly illustrates the details referred to

in clause 5.2.6.1; and(b) include a north point, visual bar scale, key street names and a

drawing title and number.

5.2.6.3 A proposed structure plan may, to the extent that it does not conflict with Scheme, impose a classification on the land included in it by reference to reserves, zones or the Residential Design Codes, and where the proposed structure plan becomes a structure plan, the local government is to have due regard to such reserves, zones or Residential Design Codes when recommending subdivision or approving development of land within a Development Area.

5.2.6.4 A proposed structure plan must, in the opinion of the local government, be consistent with orderly and proper planning.

5.2.7 Submission to Local Government and Commission

5.2.7.1 A proposed structure plan prepared by an owner is to be submitted to the local government.

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5.2.7.2 Within seven days of preparing or receiving a proposed structure plan which proposes the subdivision of land, the local government is to forward a copy of the proposed structure plan to the Commission.

5.2.7.3 The Commission is to provide comments to the local government as to whether it is prepared to endorse the proposed structure plan with or without modifications.

5.2.7.4 The Commission must provide its comments to the local government within 30 days of receiving the proposed structure plan.

5.2.8 Advertising of Structure Plan

5.2.8.1 Within 60 days of preparing or receiving a proposed structure plan that conforms with clause 5.2.6.1 and complies with the Scheme (or such longer time as may be agreed in writing between the owner who submitted the proposed structure plan and the local government), the local government is to:

(a) advertise, or require the owner who submitted the proposed structure plan to advertise, the proposed structure plan for public inspection in accordance with the advertising procedures outlined in clause 6.3.3, except that the submission period shall be extended to 60 days, to persons that are likely to be affected by the adoption of the proposed structure plan.

5.2.9 Adoption of Proposed Structure Plan

5.2.9.1 The local government is to consider all submissions received and within 60 days of the latest date specified in the notice or advertisement for the making of submissions is to:(c) adopt the proposed structure plan, with or without

modifications; or(d) refuse to adopt the proposed structure plan and, where the

proposed structure plan was submitted by an owner, give reasons for this to the owner.

5.2.9.2 (a) in making a determination under clause 5.2.9.1, the local government is to have due regard to the comments and advise received from the Commission in relation to the proposed structure plan.

(b) If the Commission requires modifications to the proposed structure plan, the local government is to consult with the Commission prior to making a determination under clause 5.2.9.1.

5.2.9.3 If the local government, after consultation with the Commission, is of the opinion that a modification to the proposed structure plan is substantial, the local government may:(c) readvertise the proposed structure plan; or(d) require the owner who submitted the proposed structure plan to

readvertise the proposed structure plan;and thereafter, the procedures set out in clause 5.2.8.1 onwards are to apply.

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5.2.9.4 If within the period referred to in clause 5.2.9.1, or such further time as may be agreed in writing between the owner who submitted the proposed structure plan and the local government, the local government has not made a determination under clause 5.2.9.1, the local government is deemed to have refused to adopt the proposed structure plan.

5.2.10 Endorsement by Commission

5.2.10.1 If the proposed structure plan proposes the subdivision of land, then within seven days of making its determination under clause 5.2.9.1, the local government is to forward the proposed structure plan to the Commission for its endorsement.

5.2.10.2 As soon as practicable after receiving the proposed structure plan, the Commission is to determine whether to endorse the proposed structure plan and notify the local government of its determination accordingly.

5.2.11 Notification of Structure Plan

5.2.11.1 As soon as practicable after adopting a proposed structure plan under clause 5.2.9.1 and if clause 5.2.10 applies, as soon as practicable after being notified of the Commission’s decision under clause 5.2.10.2, the local government is to forward a copy of the structure plan to:(c) any public authority or person that the local government thinks

fit;(d) where the structure plan was submitted by an owner, to the

owner.

5.2.12 Operation of Structure Plan

5.2.12.1 A structure plan comes into effect:(c) where the structure plan proposes the subdivision of land, on

the day on which it is endorsed by the Commission pursuant to clause 5.2.10.2; or

(d) on the day on which it is adopted by the local government under clause 5.2.9.1 in all other cases.

5.2.12.2 If a provision of a structure plan is inconsistent with a provision of the Scheme, then the provision of the Scheme prevails to the extent of the inconsistency.

5.2.13 Inspection of Structure Plan

5.2.13.1 The structure plan and the Commission’s notification under clause 5.2.10.3 is to be kept at the local government’s administrative offices, and is to be made available for inspection by any member of the public during office hours.

5.2.14 Variation to Structure Plan

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5.2.14.1 The local government may vary a structure plan:(c) by resolution if, in the opinion of the local government, the

variation does not materially alter the intent of the structure plan;

(d) otherwise, in accordance with the procedures set out in clause 5.2.6 onwards.

5.2.14.2 If the local government varies a structure plan by resolution, and the variation does not propose the subdivision of land, the local government is to forward a copy of the variation to the Commission within 10 days of making the resolution.

5.2.14.3 If the local government varies a structure plan by resolution, and the variation proposes the subdivision of land, the local government is to forward a copy of the variation to the Commission within 10 days of making the resolution for its endorsement.

5.2.14.4 As soon as practicable after receiving the copy of the variation referred to in clause 5.2.14.3, the Commission is to determine whether to endorse the proposed variation.

5.2.14.5 The Commission is to notify the local government of its determination under clause 5.2.14.4.

5.2.14.6 A variation to a structure plan by resolution comes into effect:(a) where the variation proposes the subdivision of land, on the


(b) on the day on which the local government resolves to make the variation under clause 5.2.14.1 (a).

2.14 inserting a new Appendix 9 – Development Areas with the following table inserted:

REF. NO. AREA PROVISIONSDA 1 Lot 1 Evans

Street, Lot 90 Valentine Street and Lots 91-94 Evans Street

5. An approved Structure Plan together with all approved amendments shall apply to the land in order to guide subdivision and development.

6. Land uses classified on the Structure Plan apply in accordance with clause 5.2.6.3.

2.10 inserting ‘transient workforce accommodation’ as a ‘permitted use’ within item no. 1 of Appendix No. 3 – Special Use Zone, as follows:

NO

LAND PARTICULARS

PERMITTED USES

DEVELOPMENT STANDARDS/CONDITIONS

1. Lot 425 Reserve 33537 White Avenue,

Caravan Park Transient


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Morawa Workforce Accommodation

2.11 deleting the ‘X’ symbol within Table 1 against the ‘Transient Workforce Accommodation’ use class within the ‘Residential’, ‘Industrial’ and ‘Rural Residential’ zone columns.

7. That the CEO refer the Scheme Amendment documents to the Environmental Protection Authority for its assessment in accordance with Section 48 of the Environmental Protection Act 1986; and

8. Subject to a response from the Environmental Protection Authority advising that the Scheme Amendment does not warrant formal assessment, proceed to advertise the scheme amendment, Planning Report and supporting documents in accordance with the Planning and Development Act 2005 and Regulation 25 of the Town Planning Regulations 1967.

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Item No: 8.3.2Subject: Reconsideration of Planning Approval Conditions Concrete

Batching PlantProponent: Acting Chief Executive Officer Signature of Officer:File Number:Voting Requirement: Simple MajorityMeeting Date: 15th August 2013

INTRODUCTION

The Shire has received a letter from Central West Concrete requesting reconsideration of planning approval conditions for the establishment of a concrete batching plant and storage containers on lot 413 Valentine Street Morawa.

ATTACHMENTS

Planning Approval LetterLetter from Central West Concrete


A planning application was submitted seeking to establish a concrete silo, batching plant and storage containers on lot 413 corner of Valentine and McGlew Streets.

The lot is 1996m2 and is zoned Industrial under the Council’s Town Planning Scheme No2.

Council considered the application at the May 2013 Council meeting and endorsed approval of the planning application.

The applicant was advised by the Shire of Morawa:

“GRANT APPROVAL - to establish a concrete silo, mobile batch plant and storage containers on Lot 413 Valentine Street, Morawa.

subject to the following conditions:

1. Planning approval is granted for a term expiring on 4 June 2016.

2. This approval limits concrete batching operations and access to the site by trucks and semi-trailers to any time between Monday and Saturday inclusive 7am to 7pm (excluding public holidays).

3. Dust and cement waste management including regular washing down of trucks before exiting the site and dust control on-site is required to the satisfaction of the Shire of Morawa.

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4. Control/reduction of noise emitted from the site and activities associated with the site is required to the satisfaction of the Local Authority and in accordance with the requirements of the Environmental Protection (Noise) Regulations 1997.

5. The first 5 metres of the Valentine Street setback shall be landscaped to the satisfaction of the Shire of Morawa.

6. The containers being setback a minimum 7 metres from the rear boundary of Lot 413 Valentine Street.

7. The applicant submitting a building licence applications to the Shire of Morawa for the proposed concrete silo, mobile batch plant and storage containers and any associated structures.

8. The provision of a suitable on-site effluent disposal system in accordance with Department of Environment guidelines and to the satisfaction of the Shire of Morawa.”

Advice Note:

1. The development and use of the land is not to interfere with the amenity of the locality or cause nuisance by reason of the emission of noise, vibration, smell fumes, dust, waste water, waste products or grit, oil or otherwise.

The applicant, Central West Concrete PTY LTD has submitted a letter advising:

“After receiving the letter of approval from Morawa Shire we have some concerns that need to be addressed.

1. The operating times you have given are unsatisfactory for the business. The time frame needs to be from 5 am to allow for the summer heat as some engineers will not allow concrete to be poured over 35 degrees.

2. The setback of containers is too severe to allow for truck access to and from the yard, the owners have allowed us to utilise another 6 metres of land to the west so we can get better access, this should cover the set back.

3. As far as noise/ dust control we are committed to this by our EPA licence.4. Waste management will be as per our existing yard in Dongara which is in-line

with the EPA.5. Landscape will consist of palm trees to limit the contamination of the product eg.

leaves etc6. We intend on having a caretaker residence/office this will include ablutions.”

OFFICER’S COMMENT

“ The operating times you have given are unsatisfactory for the business. The time frame needs to be from 5 am to allow for the summer heat as some engineers will not allow concrete to be poured over 35 degrees.”

Modification to the operation hours condition to include a 5am start time is considered appropriate to allow for the proposed activity to operate successfully, subject to no adverse noise impact being experienced by surrounding residential land uses, especially during the 5 am – 7 am morning period.

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The current approval condition referring to the control/reduction of noise emitted from the site and activities associated with the site in accordance with the requirements of the Environmental Protection (Noise) Regulations 1997 provides a suitable control to assist in mitigating potential conflicts associated with extending the operating hours during the proposed 5 am – 7 am morning period.

“The setback of containers is too severe to allow for truck access to and from the yard, the owners have allowed us to utilise another 6 metres of land to the west so we can get better access, this should cover the set back.”

The Shire of Morawa Town Planning Scheme No 2 refers to the following minimum setback requirements for industrial zoned land:

Zone MINIMUM SETBACKS FROM BOUNDARIES Front Rear Side

Industrial (Note 1) 11m or 22m 7.5m 3.0m

The proposed reduction in rear set back requirements to 5 metre as depicted on the original planning application is considered appropriate on the grounds that no building or activities will be impacted upon on the adjacent industrial lot and the landowner of the adjacent land holding supports the setback variation.

“As far as noise/ dust control we are committed to this by our EPA licence.”

No variation to the associated planning condition is required. The Applicant will be required to gain clearance of the condition and the EPA Licence will assist the Shire of Morawa in the assessment and clearance process.

“Waste management will be as per our existing yard in Dongara which is in-line with the EPA.”

No variation to the associated planning condition is required. The applicant has not provided any detailed information on onsite effluent disposal. The applicant will be required to provide detailed information to gain clearance of the condition.

“Landscape will consist of palm trees to limit the contamination of the product eg. leaves etc”

The applicant has advised that palm trees will be planted on the Valentine and McGlew Streets lot boundaries to meet the requirements to gain clearance of the landscaping condition.

The purpose of the landscaping condition is to assist in screening and noise suppression. The inclusion of low level shrubs and palms is considered appropriate based on climatic conditions and ease of maintenance. The applicant will be required to provide detailed landscaping information to gain clearance of the condition.

“We intend on having a caretaker residence/office this will include ablutions.”

The applicant has not provided any information on the caretakers dwelling as part of the original planning application. The applicant will be required to submit a planning application to Council for detailed consideration of the proposed caretakers dwelling land use.

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The approval also incorporates a time limit on the planning approval expiring in June 2016, based on providing the Council with the opportunity to review the land use activity and on the grounds that the applicant has advised previously that they propose to relocate to the new industrial subdivision north of the Morawa Speedway potentially in two to three years. No further extension to the expiry date is considered appropriate.


Shire of Morawa Town Planning Scheme No 2Town Planning and Development ActDepartment of Environment effluent disposal guidelinesEnvironmental Protection (Noise) Regulations 1997

POLICY IMPLICATIONS

Nil


Nil


Nil

RISK MANAGEMENT

That the operations of the proposed plant conform to all safety guidelines.


It is recommended:-

That the Council approve amendments to planning approval conditions for the establishment of a concrete silo, batching plant and storage containers on lot 413 Valentine Street, Morawa. Approval is granted subject to the following conditions:-

GRANT APPROVAL- to establish a concrete silo, mobile batch plant and storage containers on Lot 413 Valentine Street, Morawa.





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Advice Note:


The applicant is also advised that no reference or information on the caretakers dwelling was provided as part of the original planning application. The applicant will be required to submit a planning application to Council for detailed consideration of the proposed caretakers dwelling land use.

COUNCIL RESOLUTION


That the Council approve amendments to planning approval conditions for the establishment of a concrete silo, batching plant and storage containers on lot 413 Valentine Street, Morawa. Approval is granted subject to the following conditions:-

GRANT APPROVAL - to establish a concrete silo, mobile batch plant and storage containers on Lot 413 Valentine Street, Morawa.



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Advice Note:


The applicant is also advised that no reference or information on the caretakers dwelling was provided as part of the original planning application. The applicant will be required to submit a planning application to Council for detailed consideration of the proposed caretakers dwelling land use.

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INTRODUCTION

The purpose of this report is for Council to consider an application for planning approval from Calsen Pty Ltd (trading as Australian Eco Constructions) who are seeking planning approval to build 2 single storey 3 bedroom dwellings at Lot 434 (34) Richter Avenue Morawa. Total cost for construction of the dwellings has been estimated at $670,000. A set of plans is attached showing the location and floor plans of the proposed dwellings.

ATTACHMENTS

Site PlanFloor Plan Elevation Plan Building Specifications


Mr Adam Lucas (Project Manager Australian Eco Constructions) has discussed the matter with Councils staff explaining the intent is to build the dwellings for the Government Regional Officers’ Housing (GROH) program.

If the dwellings are to be sold individually then a strata title will be required. Before any of the units can be strata titled and have either a building or surveyed land title a separate application must be made be to the Western Australia Planning Commission (WAPC) similar to a sub-division process. The WAPC seeks comment from Council before proceeding with the application. Planning Approval is therefore not approval to enable Strata to proceed.

The additional purpose of the application is to provide the Department of Housing with assurance that Council approval has been granted for the project to precede.

The Shire of Morawa Local Planning Scheme Text No.2 and the Residential Design Codes (State Planning Policy 3.1 – August 2013) apply to this application.

OFFICER’S COMMENT

Before the project can commence a planning application is required for Council to consider in accordance with the Residential Design Codes 2013.

The development is to be located in a Residential (R10/30) zoned land and is deemed to be a ‘multiple dwelling’ under the Shire of Morawa’s Town Planning Scheme No.2 zoning table and as such is a permitted use.

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Item No: 8.3.3Subject: 2 Single Storey 3 bedroom Dwellings, Lot 434 (34)

Richter Avenue MorawaProponent: Calsen Pty Ltd (As Australian Eco Constructions)Signature of Officer:Signature of CEO:File Number:Voting Requirements: Simple MajorityDate: 15 August 2013

The proposal complies with the Residential Design Codes (2013), meeting the deemed to comply provisions. This includes the minimum site area requirements for a grouped dwelling in a R30 zoned location with the two dwellings and associated open space being 475 m2 and 515 m2 on a 990m2 lot. The proposal also meets setback and car parking requirements.

Each dwelling is to be constructed utilising a concrete floor, colour bond cladding, steel wall frames and steel sheet roofing. The project is required to comply with relevant Building and Health requirements and this will be assessed under the associated application for a building permit.

The design and location of the units will enhance the amenity of this particular Residential area and subject to the completion of construction of the two dwellings, will increase the housing stock in Morawa Town Site to meet projected demand as identified in the Morawa Growth and Implementation Plan.


Shire of Morawa Town Planning Scheme No. 2Planning and Development Act 2005Planning and Development Regulations 2008Residential Design Codes (State Planning Policy 3.1 – August 2013)

POLICY IMPLICATIONS

Nil


Fee to Council have been calculated to be:-- Planning Application - $2136.90


Nil

OFFICER RECOMMENDATION

It is recommended –

Planning Approval is granted to the applicant Calsen Pty Ltd (trading as Australian Eco Construction) to construct 2 single storey 3 bedroom dwellings at Lot 434 (34) Richter Avenue Morawa as detailed in the attached site plans, floor plans and elevation plans.

Please be advised that planning approval does not constitute building approval and a separate application for a building permit will be required to be submitted to the Shire of Morawa.

55

COUNCIL RESOLUTION

Moved: Cr K P StokesSeconded: Cr M J Thornton

That:–

Planning Approval is granted to the applicant Calsen Pty Ltd (trading as Australian Eco Construction) to construct 2 single storey 3 bedroom dwellings at Lot 434 (34) Richter Avenue Morawa as detailed in the attached site plans, floor plans and elevation plans.


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INTRODUCTION

The purpose of this report is for Council to consider an application for planning approval from Calsen Pty Ltd (trading as Australian Eco Constructions) who are seeking planning approval to build 2 single storey 4 bedroom dwellings at Lot 399 (16) Granville Street Morawa. Total cost for construction of the dwellings has been estimated at $670,000. A set of plans is attached showing the location and floor plans of the proposed dwellings.

ATTACHMENTS







OFFICER’S COMMENT


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Granville Street MorawaProponent: Calsen Pty Ltd (As Australian Eco Constructions)Signature of Officer:Signature of CEO:File Number:Voting Requirements: Simple MajorityDate: 15 August 2013


The proposal complies with the Residential Design Codes (2013), meeting the deemed to comply provisions. The proposal meets the minimum site area requirements for a grouped dwelling in a R30 zoned location with the two dwellings and associated open space being 528 m2 and 618 m2 on the 1146m2 lot. The proposal also meets access, setback and car parking requirements.





POLICY IMPLICATIONS

Nil




Nil



Planning Approval is granted to the applicant Calsen Pty Ltd (trading as Australian Eco Construction) to construct 2 single storey 4 bedroom dwellings at Lot 399 (16) Granville Street Morawa as detailed in the attached site plans, floor plans and elevation plans.


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COUNCIL RESOLUTION

Moved: Cr D S AgarSeconded: Cr M J Thornton

That–

Planning Approval is granted to the applicant Calsen Pty Ltd (trading as Australian Eco Construction) to construct 2 single storey 4 bedroom dwellings at Lot 399 (16) Granville Street Morawa as detailed in the attached site plans, floor plans and elevation plans.

Please be advised that planning approval does not constitute building approval and a separate application for a building permit will be required to be submitted to the Shire of Morawa

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INTRODUCTION

The purpose of this report is for Council to consider an application for planning approval from Calsen Pty Ltd (trading as Australian Eco Constructions) who are seeking planning approval to build 2 single storey 3 bedroom dwellings at Lot 455 (33) Valentine Street Morawa. Total cost for construction of the dwellings has been estimated at $670,000. A set of plans is attached showing the location and floor plans of the proposed dwellings.

ATTACHMENTS







OFFICER’S COMMENT


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Valentine Street MorawaProponent: Calsen Pty Ltd (As Australian Eco Constructions)Signature of Officer:Signature of CEO:File Number:Voting Requirements: Simple MajorityDate: 15 August 2013


The proposal complies with the Residential Design Codes (2013), meeting the deemed to comply provisions. This includes the minimum site area requirements for a grouped dwelling in a R30 zoned location with the two dwellings and associated open space being 470 m2 and 520 m2 on a 990m2 lot. The proposal also meets setback and car parking requirements.





POLICY IMPLICATIONS

Nil




Nil



Planning Approval is granted to the applicant Calsen Pty Ltd (Trading as Australian Eco Construction) to construct 2 single storey 3 bedroom dwellings at Lot 445(33) Valentine Street Morawa as detailed in the attached site plans, floor plans and elevation plans.


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COUNCIL RESOLUTION


That–

Planning Approval is granted to the applicant Calsen Pty Ltd (Trading as Australian Eco Construction) to construct 2 single storey 3 bedroom dwellings at Lot 445(33) Valentine Street Morawa as detailed in the attached site plans, floor plans and elevation plans.


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INTRODUCTION

The purpose of this report is for Council to consider an application for planning approval from Calsen Pty Ltd (trading as Australian Eco Constructions) who are seeking planning approval to build 2 single storey 3 bedroom dwellings at Lot 436 (45) Valentine Street Morawa. Total cost for construction of the dwellings has been estimated at $670,000. A set of plans is attached showing the location and floor plans of the proposed dwellings.

ATTACHMENTS







OFFICER’S COMMENT


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Valentine Street MorawaProponent: Calsen Pty Ltd (As Australian Eco Constructions)Signature of Officer:Signature of CEO:File Number:Voting Requirements: Simple MajorityDate: 15 August 2013


The proposal complies with the Residential Design Codes (2013), meeting the deemed to comply provisions. The proposed lot configuration incorporates a battle axe driveway to the proposed rear dwelling. The proposal meets the minimum site area requirements for a grouped dwelling in a R30 zoned location with the two dwellings and associated open space being 395 m2 and 495 m2, ant the provision of a 122m2 battle axe driveway on the 1012m2 lot. The proposal also meets access, setback and car parking requirements.





POLICY IMPLICATIONS

Nil




Nil



Planning Approval is granted to the applicant Calsen Pty Ltd (trading as Australian Eco Construction) to construct 2 single storey 3 bedroom dwellings at Lot 436 (45) Valentine Street Morawa as detailed in the attached site plans, floor plans and elevation plans.


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COUNCIL RESOLUTION

Moved: Cr G R NorthSeconded: Cr D J Coaker

That–

Planning Approval is granted to the applicant Calsen Pty Ltd (trading as Australian Eco Construction) to construct 2 single storey 3 bedroom dwellings at Lot 436 (45) Valentine Street Morawa as detailed in the attached site plans, floor plans and elevation plans.


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INTRODUCTION

In Brief The State Budget released on 8 August 2013 reduced the funds allocated to the Country

Local Government Fund (CLGF) with 2015-16 and 2016-17 identifying $9m in each financial period for planning purposes only;

From 2013-14 Local Governments will be able to access Royalties for Regions funding through existing and additional programs with a focus on strategic regional projects;

The Association requests the State Government to retain the Country Local Government Fund (CLGF) at a level commensurate with its original intent of addressing the country Local Government infrastructure backlog.

ATTACHMENTS

Nil.


BackgroundThe Country Local Government Fund (CLGF), launched on 16 December 2008, has provided country Local Governments with additional money for the purpose of infrastructure provision and renewal. This fund represented the most significant investment into country Local Government infrastructure in this current era. This welcomed fund changed the landscape of regional Western Australian communities through the provision of renewed and new infrastructure.

When launched, the fund was promoted as $400million over four years with $100million being allocated directly to individual country Local Governments in the first year; 65% to individual and 35% to regional groupings of country local Governments in the second year; 50% to individual and 50% to regional groupings of country Local Governments in the third year. $2.5million of the CLGF per year is retained by the Department for Local Government for country Local Government capacity building with a particular focus on Asset Management.

Several economic factors including the Global Financial Crisis and lower than expected royalties resulted in a significantly reduced allocation in the second year of the CLGF; $35,000 per country Local Government to appropriately plan for infrastructure expenditure via Forward Capital Works Plans was allocated in 2009/10.

The State Government advised on 17 December 2009 that “Changes in the global economy and the strong Australian dollar have impacted significantly on the State’s revenue from mining and petroleum royalties affecting the State Government’s Royalties for Regions program for the remainder of the 2009-10 financial year” and further “The major deferral in 2009-10 is $90million to the Country Local Government Fund Stage 2, which was scheduled to be distributed in May 2010. There will be an allocation of $10million this year to assist councils

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LATE REPORTItem No: 8.3.7Subject: Country Local Government FundProponent: Acting Chief Executive OfficerFile Number:Voting Requirement: Simple Majority Date: 15th August 2013

with planning their infrastructure needs with the remainder being distributed from July 1, 2010 for expenditure on capital works.”

This disruption to the perceived ‘as of right’ allocation to country Local Governments prompted the Association on behalf of its members to seek clarification from the State Government on surety of the ongoing flow of funds to the sector. The State Government was unable to provide this surety, as the CLGF was at the whim of the economic factors influencing royalties income at any given time.The Association requested to be consulted in the drafting of future guidelines for the CLGF resulting in senior officers assisting where possible within the constraints the fund was bound by.

Correspondence received by all country Local Governments on 2 July 2010 stated, “With the passage of the Royalties for Regions Act 2009 there is now greater certainty in the total amount allocated …” and, “The 2010-11 budget estimates show that the proportion of the total CLGF amount allocated to Local Governments for the years 2011-12 and 2012-13 is 50% for individual allocations and 50% for regional groups of country Local Governments. In the 2013-14 year, the CLGF for Local Governments is 100% to regional groups of country Local Governments.”

Although this statement reiterated the original intent of the fund, the State Government’s changes to the arrangements in 2009-10 marked an intrinsic shift to the original intent. The sector’s experience of the fund clearly signified its value to the community and need to address the infrastructure backlog locally prior to, or at least in parallel with, regional projects.

Following this announcement the Association received considerable concern, raised through Country Zones, in regard to the proposed 100% regional allocation of the CLGF. Specifically that funding direct to Local Governments must be ongoing, with projects arising from local decision making processes. The Association undertook significant consultation with country Local Governments to achieve an agreed position to present to the State Government for consideration, resulting in the following motion that was carried at the 18 February 2011 State Council meeting thus becoming the Association position.

That:

1. WALGA advocates to the State Government, including the Minister for Regional Development and Lands, for a commitment to the retention of the individual local government component of the Country Local Government Fund;

2. A minimum of 50% of the total pool of the Country Local Government Fund be allocated to individual Local Governments. In areas where regional projects are determined by the local governments to be of a higher priority, timely and meet strategic objectives, then up to 100% of the Country Local Government Fund may be allocated to regional projects; and

3. WALGA pursue discussions with the Department of Regional Development and Lands ensuring the development of policy guaranteeing a level of funding under the Country Local Government Fund, irrespective of the royalties income received by the State Government.

On 22 August 2011, the Regional Development Minister, Brendon Grylls announced a review into the CLGF by the Western Australian Regional Development Trust (WARDT). The WARDT was asked to advise the Minister on the formula used to allocate the funding and the split of funding between individual councils and regional groupings.

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The Association sought input from country Local Governments to guide a comprehensive sector submission to the Review. The submission included the following recommendations:

1. That the Country Local Government Fund continue as a grant program direct to Local Government

2. That the Country Local Government Fund continues to focus on infrastructure and the infrastructure backlog with capacity building as a secondary objective

3. That the establishment of a reserve fund which could be used to supplement the Country Local Government Fund in years in which State Royalty receipts are lower than forecast be considered to enable certainty of funding

4. That decision-making regarding the Country Local Government Fund be undertaken by Local Governments with Regional Development Commissions assisting with facilitation if required

5. A minimum of 50 percent of the total pool of the Country Local Government Fund be allocated to individual Local Governments. In areas where regional projects are determined by the Local Governments to be of a higher priority, timely and meet strategic objectives, then up to 100 percent of the Country Local Government Fund may be allocated to regional projects.

6. That the formula used to determine funding allocations for the Country Local Government Fund match the purpose of the Fund

7. That the capacity building funding associated with voluntary amalgamations be broadened to be available to all Local Governments

8. That clear funding guidelines for the Country Local Government Fund be released well in advance of the year of funding

9. That the Country Local Government Fund acquittal process be simplified and that the process utilised by the Roads to Recovery program be investigated as a potential model

Recommendation 9 of the Western Australian Regional Development Trust (WARDT) Report – CLGF Review is strongly supported in the Associations submission, and reads:-

The Trust recommends: 1. That the CLGF continue to have an individual CLG component and a Group CLG

sub-regional and regional component; and, 2. Recommends against the current intention of moving the CLGF to 100% Group CLG

funding in 2013-14.

The Association supported the Trust’s conclusion that it is inappropriate for the CLGF to be allocated entirely to groups of Local Governments. Moving away from an arbitrary percentage allocation to a focus on outcomes is supported.

On 8 August 2013 the 2013 – 14 State Budget was released and was the result of some ‘tough but necessary decisions’ according to the State Treasurer, Troy Buswell.One of those decisions was to cease any new funding to the Country Local Government Fund (CLGF).

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The State Government has set aside funding over the next two years for those local governments eligible for the 2012-2013 funding round.

2012-13 2013-14 2014-15 2015-162016-17

$m $m $m $m $mCLGF 76.4 34.5 44.6 9.0 9.0

Changes in Government direction require that 2013-14 Royalties for Regions will now focus on strategic regional projects. Access to funding will be through existing and additional programs including:- Regional Strategic Projects ($40M); and Existing and new Regional Revitalisation Investment PlansIt should be noted that the $9m allocated in 2015-16 and 2016-17 is only for planning purposes and is represented by:-

Regional Centres Development Plan $5mCapacity Building – Regional Governance Services and Asset Management Tools (DLGC) $3mAdministration of CLGF (DRD) $1m

$9m

OFFICER’S COMMENT

The Country Local Government Fund has provided over $354 million since inception in 2008. This money has funded over 1500 individual Local Government projects and in excess of 100 regional group projects.

Given the changes to State Government direction as outlined in the Budget, particularly with regard to the CLGF and that Royalties for Regions funding will now focus on strategic regional projects, it is imperative that the sector via the Association remain steadfast in its commitment and regard for the CLGF.

The considerable and comprehensive work undertaken in the Western Australian Regional Development Trust (WARDT) Report – CLGF Review, cannot be dismissed and the recommendations agreed upon by the Association process require strong advocacy by the sector and its position on the CLGF restated to the State Government.

Country Local Governments have consistently rallied together to reiterate the need to address local infrastructure backlog in the first instance and strategically plan for significant regional infrastructure requirements to support and compliment facilities and services situated within their communities of interest.

The majority of country Local Governments have demonstrated over time their capacity to plan for, expend, acquit and report on the CLGF. Project planning in particular, now demonstrates alignment to individual Local Government Strategic Community Plans, state priorities through both Development Commissions and those of the State Planning Strategy and in many cases to Commonwealth priorities via Regional Development Australia Regional Plans. Unfortunately DRD have advised that some Local Governments have lagged behind in their reporting and acquittals which has negatively affected their eligibility for 2012-13 funds.

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The Association’s current position of advocating for a 50% / 50% split in the allocation of the CLGF to individual and regional groupings of Councils needs to be reaffirmed. The individual Local Government allocation needs to remains particularly where valid community outcomes can be demonstrated.

Advice from the Department of Regional Development is that the fund has been scaled back and that funds allocated in 2013-14 and 2014-15 are provided to finalise projects. This period of time will allow country Local Governments to demonstrate their ability to successfully expend, report and acquit their funds in readiness for a more buoyant economic period in 2015-16.

The Association will continue to advocate as directed by country Local Governments as long as the policy position remains current and meets the sector’s needs.


Nil

POLICY IMPLICATIONS

Nil


The withdrawal of this funding source places pressure on the Shire’s limited resources to meet the backlog of infrastructure projects needing to be addressed. This decision was not expected when the Council adopted its Long Term Financial Plan.


The removal of this funding source will mean that the Council may not be in the position to accomplish the strategic projects identified in the Community Strategic Plan within the timeframes originally expected.

RISK MANAGEMENT

Some of the major infrastructure projects identified in the Community Strategic Plan may need to be delayed.


That the Council forward the content of this report to the Northern Country Zones next meeting to be held on 26th August 2013 with the following recommended motion.

“That WALGA advocate to the State Government for the retention of the Country Local Government Fund at a level commensurate with its original intent of addressing the country Local Government infrastructure backlog.”

COUNCIL RESOLUTION

Moved: Cr K P Stokes70

Seconded: Cr D S Carslake

That the Council forward the content of this report to the Northern Country Zones next meeting to be held on 26th August 2013 with the following recommended motion.

“That WALGA advocate to the State Government for the retention of the Country Local Government Fund at a level commensurate with its original intent of addressing the country Local Government infrastructure backlog.”

CARRIED 7/0

INTRODUCTION

This report is to appoint an Acting Chief Executive Officer for the period commencing Monday 2ndSeptember 2013 until a permanent Chief Executive Officer is appointed and commences duties. The appointment has been brought about due to the current Acting CEO Lindsay Delahaunty coming to an end of his contract as from Thursday 29th August 2013.

ATTACHMENTS

Nil


The Council had previously made an appointment of a Chief Executive Officer in April 2013, but due to unfortunate circumstances the preferred candidate did not take up his appointment. Mr Lindsay Delahaunty was appointed as acting CEO as from 15 th May 2013 for an initial period of six weeks, but agreed to extend his appointment until the end of August, while the Council recommenced the recruitment process for a permanent Chief Executive Officer. The Council will conduct interviews for the CEO position on Saturday 31 August 2013; therefore there is a requirement for a further Acting CEO appointment until the permanent appointment is made and the position filled.

OFFICER’S COMMENT

The Shire have undertaken the appropriate steps to seek a suitably experienced and qualified person to fill the Acting CEO role from Monday 2nd September 2013 until the Position is filled with a permanent appointment..STATUTORY ENVIRONMENT

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LATE REPORTItem No: 8.3.8Subject: Appointment Acting Chief executive Proponent: OfficerFile Number: Voting Requirement: Simple Majority Date: 15th August 2013

The recruitment of an Acting CEO is prescribed under Section 5.36 of the Local Government Act 1995.

POLICY IMPLICATIONS

Nil


The Shire has adequate funds provided for in its budget to meet the cost for the appointment of an Acting Chief Executive Officer as required under the Local Government Act 1995.


The Shire requires a person to fill the role of CEO for statutory purposes as prescribed under the Local Government Act 1995, and to assist the Council to progress the implementation of the strategic objectives adopted under the Community Strategic Plan 2013.

RISK MANAGEMENT

The Council is required under the Local Government Act 1995 to appoint a Chief Executive Officer to administer the Governance and Statutory obligations of the Shire.


That the Council approve the appointment of Mr Tom Hartman to the position of Acting Chief Executive Officer for the period commencing 2nd September 2013 until the permanent CEO position is filled.

COUNCIL RESOLUTION

Moved: Cr K P StokesSeconded: Cr D S Carslake

That the Council approve the appointment of Mr Tom Hartman to the position of Acting Chief Executive Officer for the period commencing 2nd September 2013 until the permanent CEO position is filled.

CARRIED7/0

72Item No: 8.3.9 Late ItemSubject: Petition Regarding Noise and Fumes from a Generator

Proponent: Deputy Chief Executive OfficerSignature of Officer:Signature of CEO:

INTRODUCTION

The purpose of this report is to inform Council that a petition has been received from 21 local residents stating that a generator located on a vacant lot in Valentine Street Morawa is causing concern. The concerned is that the noise and fumes from the generator are causing health issues and the constant sound emulating from the generator is unbearable at night.

ATTACHMENTS

Local resident petitionMap of area


The Morawa Hotel constructed 4 accommodation units on Lot 23 Valentine Street in March 2012.

The Hotel owner applied to Western power for a power upgrade but felt the cost to upgrade power at the hotel was excessive and installed a generator plant to provide electricity to the units without council approval on Lot 22 Valentine Street Morawa.

The owner has been informed in the past that if complaints were received regarding the generator then it would have to be removed.

The Generator has been located at the site for a period in excess of 12 months and is operational for period of 24 hours a day, seven days a week.

Council offices have visited the generator site and carried out a subjective assessment of the noise and odours emulating from the generator plant.The assessment indicates that the noise levels at night could be an issue to near -by residents and the odour is definitely present.

A written compliant was received last week, followed by a petition yesterday 14th August 2013 initiated from residents Marie Gamble and Simon Wallace living at Lot 106 Valentine Street Morawa regarding the generator.

The complainants have also contacted state agencies in the last two days insisting the matter be resolved. The state agencies have contacted Council officers offering advice on how to resolve the matter but not the resources.

The hotel owner has been advised unless otherwise notified by Council that the generator must be shut down within a two to four week period.

OFFICER’S COMMENT

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Item No: 8.3.9 Late ItemSubject: Petition Regarding Noise and Fumes from a Generator

Proponent: Deputy Chief Executive OfficerSignature of Officer:Signature of CEO:

For Council to take action to have the generator cease operation and removed under various sections of The Environmental Act 1986 the author of this report provides the following information;

For the purposes of this Act, noise is to be taken to be unreasonable if —(a) it is emitted, or the equipment emitting it is used, in contravention of —

(i) this Act; or(ii) any subsidiary legislation made under this Act; or

(iii) any requirement or permission (by whatever name called) made or given by or under this Act;

or(b) having regard to the nature and duration of the noise emissions, the

frequency of similar noise emissions from the same source (or a source under the control of the same person or persons) and the time of day at which the noise is emitted, the noise unreasonably interferes with the health, welfare, convenience, comfort or amenity of any person; or

(c) it is prescribed to be unreasonable for the purposes of this Act.

Causing pollution and unreasonable emissions

(1) In this section —unreasonable emission means an emission or transmission of noise, odour or

electromagnetic radiation which unreasonably interferes with the health, welfare, convenience, comfort or amenity of any person

Subject to subsection (3), a prosecution for an alleged offence under subsection (1) may be instituted only by —

(a) any 3 or more persons, each of whom is the occupier of premises and claims to be directly affected by that alleged offence; or

(b) an authorised person; or(c) a police officer.

Noise issues can be long and tedious and all data collected needs to be supported and proved in case of appeal

Council currently does not have an authorised person but the Chief Executive officer can issue an Environmental Protection notice under section 65 of the Act to stop the generator. Failure to comply with the order could result in fines.

The other avenue is for Council to take action utilising the Shire of Morawa Local Planning Scheme where the installation of the generator was not approved as part of the development approval.

Either way Council will have to make a decision whether or not to commence action and the process to have the generator removed.

The option would be to give a time frame of one month to allow the hotel owner to provide a solution to the situation and on failure to deliver an acceptable outcome Council authorise Council officers to take action to resolve the issue legally.


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Environmental Protection Act 1986Shire of Morawa Local Planning Scheme text No.2

POLICY IMPLICATIONS

Nil

RISK MANAGEMENT

Council could make a decision not to take action to having the generator removed or turned off but could face civil action from the complainant.


Cost of Legal action incurred by Council to resolve the matter


Nil


It is recommended:-

Council give a time frame of one month to allow the hotel owner to provide a solution to the situation regarding the generator and on failure to deliver an outcome to the satisfaction of Council, Council authorise Council officers take legal action to resolve the issue.

COUNCIL RESOLUTION

Moved: Cr K P StokesSeconded: Cr G R North

That:-

Council give a time frame of one month to allow the hotel owner to provide a solution to the situation regarding the generator and on failure to deliver an outcome to the satisfaction of Council, Council authorise Council officers take legal action to resolve the issue.

Amendment

Moved: Cr M J ThorntonSeconded: Cr K P Stokes

That the period be amended to six months Amendment Lost

5/2The original motion was then put

CARRIED 5/2

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INTRODUCTION

Information that is requiring Councils Attention is provided each month.


For Council’s Consideration.

INTRODUCTION

An information bulletin is provided each month for Councillors information.



The Information Bulletin submitted for the 15th August 2013, Ordinary Meeting be received.

COUNCIL RESOLUTION



The Information Bulletin submitted for the 15th August 2013, Ordinary Meeting be received.

CARRIED 7/0

11 NEW BUSINESS OF URGENT NATURE INTRODUCED BY DECISION OF MEETING The acting Ceo requested Council give consideration on the appointment of a returning officer for the forthcoming Local Government elections.

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Item No: 9.1Subject: Shire Correspondence Requiring Council AttentionProponent: Acting Chief Executive OfficerSignature of Officer:Signature of CEO:File Number: VariousVoting Requirements: Simple Majority

Item No: 10.1Subject: Information BulletinProponent: Acting Chief Executive OfficerSignature of Officer:Signature of CEO:File Number: VariousVoting Requirements: Simple Majority

COUNCIL RESOLUTION

Moved: Cr K P StokesSeconded: Cr G R North

Business of an urgent nature be introduced to authorise the appointment of Returning Officer for Local Government Elections October 2013

CARRIED7/0

COUNCIL RESOLUTION

Moved: Cr G R NorthSeconded: Cr M J Thornton

Council authorise the Deputy Chief Executive Office Mr David Williams to be the nominated Returning Officer for Local Government Elections October 2013

CARRIED 7/0

12 APPLICATION FOR LEAVE OF ABSENCE

Nil 13 NEXT MEETING

The next Ordinary Meeting of the Morawa Shire Council was scheduled to be held on Thursday 19th September 2013 which clashed with the annual “Mingenew Expo”.

Council members requested the next meeting of Council be re-scheduled to the 17th

September 2013 and a Council and officers briefing session be held on 10th September 2013.

CHANGE OF MEETING TIME


The next Council meeting is scheduled to be held at 5:30pm on 17th September 2013 and a Council and officers briefing session to be held at 5:30pm on 10 September 2013

CARRIED7/0

14 MEETING CLOSURE

There being no further business for discussion the Shire President thanked everyone for their attendance and declared the meeting closed at 8:45 pm.

I certify that the Minutes of this Meeting were confirmed at the Council Meeting held on Tuesday 17 September 2013 commencing at 5:30pm.

…………………………………Presiding Person

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Documents

Item No:5.1 · Web viewIt is required that a risk management analysis is completed as a part of the funding specifications that will need to be approved by the Health and Safety Officer