SHIRE OF · PDF file11.3 2012 WA LOCAL GOVERNMENT CONVENTION ..... 24 11.4 SES HEADQUARTERS - WAGIN ... That Cr West be granted a leave of absence for the council meetings to be held

SHIRE OF WAGIN

ORDINARY MEETING OF

COUNCIL

Minutes

22 May 2012

Minutes of the Ordinary Council Meeting 22 May 2012

2

Contents

1. DECLARATION OF OPENING ................................................................................... 3

2. ATTENDANCE, APOLOGIES AND LEAVE OF ABSENCE (PREVIOUSLY

APPROVED)................................................................................................................ 3

3. RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE ............... 4

4. PUBLIC QUESTION TIME .......................................................................................... 4

5. LEAVE OF ABSENCE ................................................................................................ 4

6. PUBLIC FORUM ......................................................................................................... 4

7. CONFIRMATION OF PREVIOUS MEETING MINUTES ........................................... 5

8. DISCLOSURE OF FINANCIAL AND OTHER INTEREST ........................................ 5

9. STATUS REPORT – MAY 2012 ................................................................................. 6

10. REPORTS OF COMMITTEES .................................................................................. 15

11. REPORTS OF OFFICERS ........................................................................................ 15

11.1 WORKS REPORT – MAY 2012 ....................................................................................... 15

11.2 CEO REPORT – MAY 2012 .............................................................................................. 21

11.3 2012 WA LOCAL GOVERNMENT CONVENTION ....................................................... 24

11.4 SES HEADQUARTERS - WAGIN .................................................................................... 26

11.5 TOM QUILTY GOLD CUP OCTOBER 2014 .................................................................. 29

11.6 NEW CEO HOUSE – LOT 65 MARKS COURT WAGIN .............................................. 32

11.7 BUILDING APPLICATION – LOT 11 (19) WARE STREET WAGIN .......................... 35

11.8 PLANNING APPLICATION – LOC 2569 BALLAYING WEST ROAD ........................ 38

11.9 PERMISSION TO BUILD AN OUTBUILDING (SHED) – LOT 248 VENTNOR

STREET WAGIN ................................................................................................................. 43

11.10 STATEMENT OF FINANCIAL ACTIVITY – APRIL 2012 ............................................. 45

11.11 STATEMENT OF PAYMENTS – APRIL 2012 ............................................................... 53

11.12 PLANNING APPLICATION – PROPOSED ANNUAL EVENT („WAGIN

BURNOUTS‟) ...................................................................................................................... 64

11.13 PLANNING APPLICATION – PROPOSED TIMBER PLANTATION .......................... 70

12. ANNOUNCEMENT OF PRESIDENT AND COUNCILLORS ................................... 77

13. URGENT BUSINESS INTRODUCED BY DECISION IF THE MEETING ............... 77

14. CONFIDENTIAL BUSINESS AS PER LOCAL GOVERNMENT ACT s5.23(2) ..... 78

14.1 CEO PERFORMANCE REVIEW ..................................................................................... 79

15. CLOSURE ................................................................................................................. 79


3

Shire of Wagin

Minutes of the Ordinary Council Meeting of Council held in Council Chambers on Tuesday

22 May 2012.

The Shire President Cr Blight declared the meeting open at 7.03pm.

Present: Cr P J Blight President

Cr G R Ball Member

Cr G T Hegarty Member

Cr E N Pugh Member

Cr I C Cumming Member

Cr G K B West Member

Cr J L C Ballantyne Member

Cr C J Brockwell Member

Cr R C Walker Member

Cr J G Shaw Member

Cr D C Lloyd Member

Staff: Mr L J Calneggia Chief Executive Officer

Mr A D Hicks Manager of Works

Mr B A Roderick Manager of Finance and Corporate Services

Mrs D J Thompson Executive Assistant

Visitors: Mrs C Gell Wagin Tourism Association

Mr F Pederick

Mr T Walker

Mr D Bishop

Mr G Kerrison

Apologies: Ms C A Webster Manager Community & Regulatory Services

1. DECLARATION OF OPENING

2. ATTENDANCE, APOLOGIES AND LEAVE OF ABSENCE (PREVIOUSLY APPROVED)


4

Nil

Nil

Mrs Cay Gell, President from the Wagin Tourism Association addressed Council regarding

the future of the Association. Mrs Gell advised Council that she has been a member of the

Wagin Tourism Association in access of twenty years and has held the position of President

for the last ten years. She advised Council that she would like to retire from this role and also

advised that the current Treasure had also indicated they would not be available to continue.

She stated that she has experienced difficulties in attracting members of the public to attend

meetings and who were willing to become active members on the committee. She asked

Council to consider the future of the Wagin Tourism Association.

Mr Frank Pederick addressed Council regarding Item 11.7 of the Agenda. He provided

Council with further information to support of his planning application.

Mr Trevor Walker addressed Council regarding a petition that was tabled at the February

2012 Ordinary Council meeting. He expressed his disappointment at not receiving any

1909 COUNCIL DECISION

Moved: Cr I C Cumming Seconded: E N Pugh

That Cr West be granted a leave of absence for the council meetings to be held on 24

July 2012 and 28 August 2012 and Cr Shaw be granted a leave of absence for the

council meeting to be held on 25 September 2012.

Carried 11/0

3. RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE

4. PUBLIC QUESTION TIME

5. LEAVE OF ABSENCE

6. PUBLIC FORUM


5

feedback from the petition regarding the outcome of Lot 526 Beaufort Road (old MRD Depot)

and was dismayed to read in the agenda the proposed SES Headquarters for this site.

Cr Shaw declared a financial interest in item 11.9 as he is the owner of the property.

Cr J C Brockwell declared a financial interest in items 11.8 and 11.12 as he is the owner of

the property.

7. CONFIRMATION OF PREVIOUS MEETING MINUTES


Moved: Cr. J G Shaw Seconded: Cr. G R Ball

That the minutes of the Ordinary Council Meeting of the 24 April 2012 be confirmed as

true and accurate.

Carried 11/0

8. DISCLOSURE OF FINANCIAL AND OTHER INTEREST

6

Date Resolution

#

Officer Description Action Status Questions &

Comments

FINANCE & ADMINISTRATION

25 May

2010

1374 MCRS Reconciliation Action Plan Banners for entrance to town

featuring aboriginal and

European season project

between School & Shire.

$3000 grant

application to

commence restoration

of the Reserve.

On-going

22 Feb

2011

1547 MCRS Master Plan for Sport and Recreation Final copy received. Awaiting further

information from

Cr Lloyd

24 May

2011

1610 MCRS Heritage Upgrade of Tudhoe Street - CBD Register commenced Ongoing.

27 Sept

2011

1724 MCRS/

MFCS

Control of ESL Funding This was drafted by CESM -

Cindy Pearce.

Grant Application

completed and

sent to FESA.

Completed.

27 Sept

2011

1731 CEO Formation of a Committee – Wagin

Community Family Park

Establish Committee Letter to members

written.

First meeting yet

to be held.

22 Nov

2011

1788 MFCS Integrated Planning and Reporting Process

& Plan for the future

That Council adopt the new

Integrated Planning and

Reporting Framework

Dave Percy

finished

16/05/2012.

Consultants met

with Senior Staff

26th April 2012.

9. STATUS REPORT – MAY 2012

7

20 Dec

2011

1799 MFCS New IT Accounting Computer System Implement IT Vision Synergy Soft

System as per the

recommendation.

IT Vision notified

– Planning phase

to commence mid

2012.

20 Dec

2011

1812 CEO Legal Opinion & Advice regarding WIFFH

Structure

CEO to seek legal advice

before proceeding with WIFFH

project.

CEO decided to

await outcome of

grant.

28 Feb

2012

1832 CEO/

MOW

Tip Face Maintenance Agree in principle to purchase a

second hand loader and refer to

the budget review for

consideration.

Referred to

Waste Advisory

Meeting

28 Feb

2012

1843 &

1844

MCRS Review of Disability Access and Inclusion

Plan

Council accepts the DAIP

review report and MCRS

prepare an implementation

plan.

Preparing

implementation Plan

as part of Budget

process

Ongoing

28 Feb

2012

1845 MCRS Drug and Alcohol Testing Policy MCRS to seek clarification on

points 4.10 and 5.2 and report

back to Council.

Policy completed

training of Tester

Ongoing

27 Mar

2012

1862 CEO Stage 2 – Aquatic Centre Undergoing scoping with

Community input and engage

John De Snoo to supply

drawings and documentation.

Community

meeting to be

held. Appoint

Consultant.

Budget item.

27 Mar

2012

1865 CEO Upgrade Reception Area – Administration Refer upgrade to the budget

2012/13 for consideration.

Budget Item

27 Mar

2012

1867 MOW Purchase of a Littermaster 9000 Refer to the 2012/13 budget for

consideration.

Ongoing

27 Mar

2012

1868 MOW Third Truck Refer to the 2012/13 budget for

consideration.

Ongoing

8

27 Mar

2012

1872 CEO Economic Development Advisory

Committee

Rescind its Economic

Development Committee and

create a Economic Development

Advisory Committee in

accordance with section 5.8 of

the LG Act 1995.

Advertisement

placed. – Poor

response.

24 April

2012

1887 MFCS Funding for Loader for Refuse Site and

Doctors Vehicle

Funding approved for a second

hand loader and changeover of

the Doctors vehicle.

Doctor‟s vehicle

and second hand

loader to be

sourced and

purchased.

24 April

2012

1888 MFCS Annual Budget Review Adopt budget review and note the

identified budget changes and

forward a copy to the Local Govt

Dept.

Budget Review

sent to Dept.

24 April

2012

1889 MFCS 2012/2013 Budget Process Endorse the 2012/2013 Budget

process/timetable.

Completed.

24 April

2012

1890 MFCS Wagin Community Resource Centre Rating

Concession Request

Advise Community Resource

Centre that Council deny the

request for a rating concession.

Completed –

letter sent.

24 April

2012

1891 MFCS Write off Various Sundry Debtors amounts Write off sundry debtors

amounts.

Sundry Debts

written off –

Completed.

24 April

2012

1892 MFCS` Synergy Street Lighting Acknowledge a further $5,000 in

street lighting costs for the

2011/12 financial year and accept

in principal Synergy‟s offer to

finalise charges.

WALGA notified

of acceptance of

offer –

Completed.

24 April

2012

1893 CEO Review of Shire of Wagin Delegations

Register

Update Delegations register as

per recommendation.

Completed.

24 April

2012

1894 CEO Wheatbelt Catchment Alliance – Arterial

Drainage Networks

Provide a letter of support. Letter sent.

9

HEALTH, BUILDING & PLANNING

26 Oct

2010

1482 CEO Wagin Frail Aged – Land Tenure Enter into the WA Health Services.

Letter written to D.O.H. On-going

24 May

2011

1619 CEO Proposed Residential Subdivision –

Lot 896 Arnott Street

Staff not to progress development

until further consideration of future

needs be determined.

No action at this

stage.

28 June

2011

1640 MCRS Extension – Upgrade Caravan Park Completed and send to Asset Mgt

Committee.

Agenda Item.

28 June

2011

1645 MCRS Town Hall Floor & Kitchen

improvements.

Options are expensive ref to

Asset Management Committee

meeting.

On-going

28 June

2011

1652 CEO Boundary Adjustment – Shire of

Wagin, West Arthur and Narrogin

Hold further discussions with the

Shires of Narrogin and West

Arthur on this issue.

Letter sent to Shires of

Narrogin and West

Arthur.

On-going.

28 June

2011

1658 EHO Planning Application Lot 735 Forrest

Street Accommodation

Advise proponent approval has

been granted.

Proponent advised

planning approval

granted. Waiting for

plans to issue building

permits.

No building plans

submitted.

28 June

2011

1660 EHO Morton Seeds – Planning Application Advise proponent approval has

been granted subject to

conditions.

Building Permit issued

subject to compliance

with FESA

requirements.

Letter to Builder

requesting status

of FESA

compliance

26 July

2011

1678 CEO Vacant Land Reserve 24133 (Lot

520, 522, 524, 535 & 528 Reserve

31177 Wendell Street/Unicorn Street

Wagin

Accept a Management Order of

Reserve 24133 and 31177 for

Municipal purposes.

Letter written

accepting

Management Order.

Res 31177 and

Res 24133 –

Management

orders received.

10

26 July

2011

1679 CEO Wagin Airfield – Slavin Master Plan Establish a Working Group

consisting of Crs Ball, Ballantyne,

West and Blight to report to

Council.

Working group of Crs

Ball, Ballantyne, Blight

and West.

Further meeting

to be held.

23

August

2011

1695 CEO Community Building Apply for a $50,000 application for

seeding funding under CRC.

Questionnaire to

be sent out to

prospective

groups.

23

August

2011

1701 PROJECT

MANAGER

Council Commitment to Regional

Landfill Site Land Purchase MOU

Confirm Council will continue

membership of Landfill group,

sign MOU subject to relevant

approvals processes being given.

Consultant

preparing report

on identified land.

25 Oct

2011

1766 EHO Demolition Order – Lot 8 Traverse

Street

Engage Solicitors to serve order

under section 408 of the LG Act

on the owners of Lot 8 Traverse

Street to remove shed.

Solicitor issue order. No response to

initial order.

Order by register

post to be served

on Owner &

notice pinned to

shed.

20 Dec

2011

1814 CEO/MCRS Wagin Cemetery – Upgrade Rotary present report to Asset

Management Committee.

Commencement in

2012.

ON-going.

28 Feb

2012

1823 CEO Future Recycling Options for Wagin Staff prepare a feasibility study on

using Brockman Road Waste Site

and report back to the Committee.

Meeting

scheduled June.

28 Feb

2012

1830 CEO/MFCS Current Landfill Rehabilitation Note requirements, procedures and

tasks required to rehabilitate

existing site at Brockman Road and

consider creating a reserve to

contribute an annual amount for

landfill rehabilitation.

11

28 Feb

2012

1831 CEO/MOW Current Landfill Rehabilitation Commence Landfill rehabilitation by

allocation in the annual works

programme.

Refer to 2012/13

Works Programme

28 Feb

2012

1838 CEO Planning Application – Proposed

Annual Event – Wagin Burnouts

Advise proponent Council

resolved to provide in-kind

support to the planning application

subject to advertising and

providing further information.

Letter sent to

proponent – Reply

received – to be

advertised.

Agenda item –

May 2012.

28 Feb

2012

1839 &

1840

EHO Signage – IGA Store CEO & MOW to decide on

placement of existing two IGA signs

and CEO to prepare a Signs Policy.

MOW & CEO

Delegated authority.

Letter advised

proponent of

Council decision.

28 Feb

2012

1841 EHO Animal Feed Manufacturing Application

– Morton Seeds

Advised DEC that Council supports

the proposal to manufacture animal

feed at Morton Seeds & advise

Morton Seeds that planning

approval is required prior to

development.

DEC advised approval

supported. Jonnie

Morton advised of need

to obtain planning

approval.

No further action.

28 Feb

2012

1842 EHO Carport – E Kline Lot 1736 Rifle Street Advise proponent Council resolved

to support building application.

Building approval

issued.

To further action.

27 Mar

2012

1875 EHO Planning Application – Lot 197 Vale

Street, Wagin

Advise proponent of successful

application subject to conditions.

Proponent advised. Building permit

issued.

27 Mar

2012

1880 CEO/MOW New CEO House Call for Expression of Interest as

per specifications.

Agenda item –

May.

24 April

2012

1883 EHO Quail Breeding Enterprise – Lot 812

Richard Street Wagin

Advise the proponent Council

resolved to support their application

subject to the conditions outline in

the Officers recommendations.

Proponent advised. No further action.

24 April

2012

1884 EHO Seed Cleaning Business – Loc 29

Bullock Hills Road Wagin

Advise the proponent Council

resolved to support their application

subject to the conditions outline in

the Officers recommendations.

Proponent advised. Awaiting building

application.

12

24 April

2012

1885 EHO Building Act Notify relevant parties that Steven

Thomas Friend is the authorised

person for the purpose of the

building act.

Update to Delegations

register required.

Completed.

24 April

2012

1886 CEO Planning Application – Three (3)

New Single Storey Grouped

Dwellings

Proceed with Dwelling as per

conditions in Council Decision.

Still awaiting

outcome of CLGF

funding.

24 April

2012

1887 CEO Industrial Subdivision Application Advise proponent subdivision

application approval granted

subject to conditions outlined in

Councils Decision.

Letter sent.

24 April

2012

1888 CEO Shire of Wagin Town Planning

Scheme No.2 (Review) & Local

Planning Strategy (Proposed)

Engage Shire Planner to prepare

a townsite expansion strategy and

make the necessary budget

allowance as per Councils

decision.

Letter sent to

Planners.

24 April

2012

1889 CEO Community Energy Efficiency

Program

Council to consider budget

allocation to engage consultants

to analyse Energy Efficiency items

suitable for grant applications and

install solar panel on

Administration building.

Ongoing.

24 April

2012

1905 CEO Street Lighting Write to District Manager of

Western Power to extend

invitation to attend Council

meeting.

Email sent response

circulated to members

via email.

24 April

2012

1907 CEO Repairs to FVZ Isuzu Truck (Leased)

P.13 W.1015.

Seek expert independent advice

on the probable cause for gearbox

failure.

Expert independent

person engaged –

awaiting report.

13

WORKS & SERVICES

23 Nov

2010

1507 MOW Works Program 2011/2012 That Council add Leake Lane,

Tillelman Rd and make provision

for a school upgrade of bus

pickup/delivery area and footpath in

the Works Program for 2011/2012.

Leake Lane is to be

water binded and

sealed – as time

permits.

On-going

19 April

2011

1588 MOW Cemetery Car Park Council write to Main Roads

seeking approval to move the

cemetery fence up to two metres

back and construct an angle

parking area.

Council to seek option

to purchase land from

Land Owner.

This will change if

Rotary‟s goes

through.

19 April

2011

1589 MOW Ballaying Bridge 3078 Seek the opinion of Main Roads

Dept on removing bridge 3078 and

replacing with 6 barrel culvert as

per Main Roads design.

Change bridge

rails only. – in

February & May.

25 Oct

2011

1756 MOW Puntapin Dam Proceed with the concept of

abstraction, conveyance and

distribution of water from Puntapin

Dam. Seek interested labour from

local Noongah members.

Pipe to be

installed when

time permits

22 Nov

2011

1777 MOW Black Spot Airfield Road Advise Mainroads that Councils

preference is that the Airfields Road

tees onto Bullock Hills Road.

. Work will be

completed in May.

28 Feb

2012

1826 CEO Skate Park Steering Committee

Outstanding Issues

Finish Skate Park off with a mixture

of paving, landscaping, build north

side up. Retain and pave to house

seating and shelter. Organise sale

of old Skate Modules, developed a

Code of Conduct, Look at

competition for painting the north

face and hold official opening.

Offer to purchase

old Skate modules

(Refer CEO

report).

14

27 Mar

2012

1863 CEO Upgrade Caravan Park Advertise the proposal for 14

days prior to commencement of

work and refer possible future

work for consideration at the

2012/13 budget.

Ongoing

27 Mar

2012

1866 CEO Wagin Airfield Upgrade – RAD‟s Grant Proceed with construction and

sealing of runways as per

Stabilisation Technology

recommendations.

Grant applied for

see final costings

– Information

Bulletin.

15

Nil

PROPONENT: N/A

OWNER: N/A

LOCATION/ADDRESS: Shire of Wagin

AUTHOR OF REPORT: Manager of Works

SENIOR OFFICER: N/A

DATE OF REPORT: 22/05/2012

PREVIOUS REPORT(S): N/A

DISCLOSURE OF INTEREST: N/A

FILE REFERENCE: N/A

ATTACHMENTS: 1. Capital Works Program

2. Works Maintenance Program

3. Plant Report

BRIEF SUMMARY:

A Works Report is provided for Councils information.

BACKGROUND:

Council has previously requested that this information be presented at the Ordinary Council

meetings.

COMMENT:

10. REPORTS OF COMMITTEES

11. REPORTS OF OFFICERS

11.1 WORKS REPORT – MAY 2012

16

Shire of Wagin

Works MAY 2012

Works Completed Description

AIRFIELD BULLOCKSHILS Heavy haulage realignment completed

Future Works Description

TOWN SITE Footpaths carryover to 2011/2012

FOOTPATHS Hot mix Tudhoe street footpath

PRIVATE WORKS Ambulance centre 50% completed

MTCE GRADING Grading south west corner of the shire

On Going Works Description

RURAL ROADS Bitumen Patching

STORM DAMAGE 12 December

The Piesseville- Tarwonga road shoulders

are the only road left to gravel sheet as time

permits after the December storms.

Down Time Description

Other 3 carryovers for the 2012/2013 budget

CONSULTATION/COMMUNICATION:

N/A

STATUTORY/LEGAL IMPLICATIONS:

N/A

POLICY IMPLICATIONS:

N/A

FINANCIAL IMPLICATIONS:

N/A

17

STRATEGIC IMPLICATIONS:

N/A

VOTING REQUIREMENTS:

Simple Majority

1911 OFFICERS RECOMMENDATION/COUNCIL DECISION

Moved: G R Ball Seconded: Cr. I C Cumming

The Council adopts the Works Management Report comprising of the Works Progress

Report for May 2012, Capital Works Program, Maintenance and Plant Reports for the

period 1 July to 30 April 2012.

Carried 11/0

18

19

20

21

PROPONENT: Chief Executive officer

OWNER: N/A

LOCATION/ADDRESS: N/A

AUTHOR OF REPORT: Chief Executive Officer

SENIOR OFFICER: N/A




FILE REFERENCE: N/A

ATTACHMENTS: Nil

To Shire President and Councillors,

I hereby present my report;

As the financial year draws closer to the end I trust that Council can be well pleased with

what has been achieved during this period.

STAFF

Debbie Stephens One Week 23/04/2012 to 27/04/2012

Loraine Muir Three Weeks 23/04/2012 to 18/05/2012

Jock Murray One Week 1/05/2012 to 18/05/2012

Carolyn Webster Two Weeks 7/05/2012 to 18/05/2012

CLGF REVIEW

Having little feedback from members I then submitted the “Draft” submission to both WALGA

and the Trust by the due date. It is hoped that the Government persists with CLGF funding

for there is still much to do to clear the backlog of infrastructure in CLG.

METROPOLITAN REVIEW

This review also was submitted, albeit, a more difficult task that the former review. It is not

hard to see where the Government is coming from and the three eminent men charged with

the task of preparing the report, in my opinion, have come up very short in their findings to

date.

CEO REVIEW

The review was undertaken by the Shire President, Deputy Shire President and Cr I

Cumming, (3 Elder Statesman) and I am pleased to report that it would appear that my

performance has achieved a satisfactory rating. I have a revised set of KPI‟s to achieve in

the following year.

11.2 CEO REPORT – MAY 2012

22

I have advised the Shire President that I have elected not to enact the renewal clause in my

contract and as such will cease my employment with Council on 30th April 2013.

SKATE PARK (MODULES)

Council has received an offer of $10,000 for the old Skate Park modules from the Shire of

Broomehill – Tambellup which is a fair price. Subject to Council confirmation I have advised

Broomehill – Tambellup that the offer would be acceptable. The proceeds can be used to

enhance and finish off (seating and shade) at the Skate Park.

WAGIN AIRPORT OPENING

It is pleasing to see that not only accomplished to as high standard the finished cost of works

also came under budget.

It is suggested that Council write to Hon Troy Buswell and invite him to celebrate the

completion.

COMMUNITY SURVEY

It is disappointing to receive only 28 surveys from a total of 750 sent out the Community. So

much for the Minister‟s claim that local government do not consult with their communities.

ECONOMIC ADVISORY COMMITTEE

It is also sad that only two nominations were received from the call to be part of this

committee.

1 NENKE STREET – SALE

Settlement of the house occurred albeit a few days late. This money will be transferred into

the Reserve Account and use to fund the New CEO House.

DIARY

26/04/2012 D Long and D Carbone – Integrated Planning

Consultants

27/04/2012 CC Zone – Brookton

30/04/2012 Tim Shackton – SIHI

01/05/2012 Stage 2 Swimming Pool Public Consultation

07/05/2012 RDO

08/05/2012 4WD Darkan

09/05/2012 Tom Quilty – Inaugural Meeting

14/05/2012 CC Zone – Metro Review (Teleconference)

15/05/2012 Small Business Centre - Board Meeting

16/05/2012 C R C Meeting

21/05/2012 CRC (Telecentre) Meeting

22/05/2012 Council Meeting

23


N/A


N/A


N/A


Simple Majority

Mr T Walker left the meeting at 7.50pm.


Moved: Cr. R C Walker Seconded: Cr. J G Shaw

That Council received and endorse the Chief Executive Officer‟s report.

Carried 11/0

24

PROPONENT: WALGA

OWNER: N/A

LOCATION/ADDRESS: Perth Convention Centre


SENIOR OFFICER: N/A




FILE REFERENCE: CNL 5

ATTACHMENTS: Nil

BRIEF SUMMARY:

To decide on delegates participation in the 2012 Local Government Convention.

BACKGROUND:

Council generally sends delegates to the WALGA Local Government Convention.

COMMENT:

Council has previously questioned the value of attending the convention and needs to

authorise attendance at this year‟s convention. This year‟s format has been changes so that

the AGM of WALGA will be held at the start of the convention rather than when previously it

was held as the last event on the programme. The author is of the opinion that as a

minimum, delegates should be sent to the AGM.


N/A


N/A


N/A


A budget allocation is made each year for Members and CEO to attend the WA Local

Government Convention.

11.3 2012 WA LOCAL GOVERNMENT CONVENTION

25


N/A


Simple Majority

Cr Hegarty left the meeting at 8.00pm and returned to the meeting at 8.01pm.


Moved: Cr. E N Pugh Seconded: Cr. G T Hegarty

That Council approved two Delegates and the CEO to attend the 2012 Local

Government Conference.

Carried 10/1

26

Mrs C Gell, Mr D Bishop and Mr F Pederick left the meeting at 8.07pm.

PROPONENT: FESA

OWNER: MRD

LOCATION/ADDRESS: R31176, Lot 526 Beaufort Road


SENIOR OFFICER: N/A




FILE REFERENCE: ASS 2/9

ATTACHMENTS: FESA Letter

BRIEF SUMMARY:

To agree to support the Wagin SES in obtaining a local headquarters.

BACKGROUND:

Recently there has been interest in creating a local Wagin branch of SES with approximately

fifteen people recently signed as members. Following a recent meeting their District

Manager was shown the “old MRD Depot” when asked if there was a suitable facility that

could be used for their local headquarters.

COMMENT:

As can be seen from the attached FESA letter, the old MRD Depot is suitable for conversion

into SES Headquarters, however a requirement is that the facility must be either owned or

vested in Council.


FESA


N/A


N/A


N/A

11.4 SES HEADQUARTERS - WAGIN

27


N/A


Simple Majority

ADMENDMENT

OFFICERS RECOMMENDATION

That Council to write to the Main Roads Department asking them to vest the Reserve

31176, Lot 526 Beaufort Road to Council for the purpose of providing a SES

Headquarters for Wagin.


Moved: Cr. I C Cumming Seconded: Cr. E N Pugh

That Council to write to the Main Roads Department asking them to vest the Reserve

31176, Lot 526 Beaufort Road to Council for the purpose of providing a SES


Carried 8/3

COUNCIL DECISION

Moved: Cr. J G Shaw Seconded: Cr. G K B West

That Council to write to the Main Roads Department asking them would they vest the

Reserve 31176, Lot 526 Beaufort Road to Council for the purpose of providing a SES


Motion Lost 3/8

28

29

PROPONENT: W A Endurance Riders Association

OWNER: N/A

LOCATION/ADDRESS: Wagin Showgrounds


SENIOR OFFICER: N/A




FILE REFERENCE: PRO 14

ATTACHMENTS: Letter

BRIEF SUMMARY:

To approve this event and consider offering assistance to the WA Endurance Riders

Association in organising and conducting the Tom Quilty Gold Cup October 2014 in Wagin.

BACKGROUND:

The Tom Quilty Gold Cup is a prestigious equine endurance event undertaken throughout

Australia each year in which the contestants have to ride over a distance of 160km‟s. Wagin

has been selected as the WA venue to run this event in October 2014.

COMMENT:

Organiser of the event recently met with the Shire President and Staff members to undertake

preliminary discussions and a copy of the notes are in the Information Bulletin. This event

has the potential to “showcase” Wagin and will bring a number of benefits to the town.

Council have been asked to assist the organisers in whatever way it can. It is the author‟s

opinion that Council should provide the venue (Sportsground facilities) without charge and

offer other in-kind services such as labour to clean toilets, provide utilities etc at no charge

during the duration of the event. The economic benefit to the town and local organisations

will be greatly beneficial and the kudos Council will receive by providing such assistance will

be immense. The event date will be 3rd – 5th October 2014. However the club is asking to

book the venue from 29th September 2014 to 6th October 2014.


Quilty Sub - Committee


N/A


N/A

11.5 TOM QUILTY GOLD CUP OCTOBER 2014

30


Will impact on the 2013/14 Budget.


N/A


Simple Majority


Moved: Cr. G K B West Seconded: Cr. G T Hegarty

That Council agree to the use of the Wagin Sportsground and facilities by the WA

Endurance Riders Association from 29th September 2014 – 6th October 2014 for the Tom

Quilty Gold Cup 2014 event at nil charge and that other in-kind utilities be provided.

Carried 10/1

31

32

PROPONENT: Shire of Wagin

OWNER: Shire of Wagin

LOCATION/ADDRESS: Lot 65 Marks Court Wagin


SENIOR OFFICER: N/A




FILE REFERENCE: PRO 15

ATTACHMENTS: List of Builders

BRIEF SUMMARY:

To choose from Builders invitation to provide a Tender for Design and Construction of an

Executive quality 4 x 2 residence to house the Chief Executive Officer.

BACKGROUND:

Council recently called Expressions of Interest from registered builders to design and

construct a new residence to house the Chief Executive Officer and attached is the list of

respondents.

COMMENT:

A brief has been prepared outlining Councils requirements in regard to this project. The

attached schedule lists those builders and the author‟s preference from among those

respondents who should be asked to submit tenders.

Of the six respondents, one builder would not meet the requirements placed upon the Lot by

a Restricted Covenant.

A Specification/Scope of Work has been prepared and will form the basis upon which the

Builders will quote upon, in their respective tenders. Tenders will remain open for twenty one

(21) days.


N/A


Local Government Act

11.6 NEW CEO HOUSE – LOT 65 MARKS COURT WAGIN

33


N/A


Will impact on 2012/13 Budget


Assets and Infrastructure – Maintenance and Development of Council housing to meet future

requirements.


Simple Majority


Moved: Cr. J G Shaw Seconded: Cr. G T Hegarty

That Council invite Country Builders, A J & J D Scardetta, L R Sims & Co, The Rural

Building Co and Trevor Parsons Building to submit tenders for the Design and

Construction of a new CEO House.

Carried 11/0

34

EXPRESSIONS OF INTEREST TO DESIGN AND CONSTRUCT

NEW CEO HOUSE

Country Builders

A J & J D Scardetta

L R Sims & Co

The Rural Building Co

Quality Builders Pty Ltd

Trevor Parsons Building

35

PROPONENT: F Pederick

OWNER: F Pederick

LOCATION/ADDRESS: Lot 11 (19) Ware Street Wagin

AUTHOR OF REPORT: Health & Building Officer

SENIOR OFFICER: Chief Executive Officer



DISCLOSURE OF INTEREST: Nil

FILE REFERENCE: 1842

ATTACHMENTS: Nil

BRIEF SUMMARY:

A request by the owner of Lot 11 Ware St to be able to erect a structure that does not

conform with policy # 16, Development of Outbuildings on Residential Zoned Land.

BACKGROUND:

The owner of Lot 11 (19) Ware Street Wagin has applied to be able to erect a covered

shelter on his property for the purpose of protecting a caravan.

The covered shelter is a “Birds Shelter”, which Councillors may be familiar with.

The size of the shelter is 8m long, 5m wide and 3m high (40m²) and is covered by canvass.

The property is zoned Residential and is 1761m².

Council has a policy on outbuildings on land zoned Residential. Point i) states “The

erection of an out building on any lot zoned Residential is not permitted unless a building

licence has been issued for the erection of a house on the lot.”

In this case no building licence has been issued for a house on lot 11 Ware St, and there is

no intention to do so.

COMMENT:

The application before Council is contrary to the policy in that the proponent wishes to erect

a structure (building) on vacant land.

The proponent wishes to erect the shelter in the top corner of the lot so that he can drive his

caravan straight in and then pull it out again without having to reverse it in.

11.7 BUILDING APPLICATION – LOT 11 (19) WARE STREET WAGIN

36

The proponent also owns the property next door (Lot 60) which is 3241m² and has a two

street frontage (Ware St and Khedive St). This lot has a dwelling and a Birds shelter on it

already.

I believe the point about not being able to build an outbuilding on a vacant lot may have

been put in place to try and prevent people building a shed and then living in it. In this case

the “shed” is an open, canvass topped shelter that could not be lived in.

However, the Lot that the proponent owns is a very large lot (3241m²) which has frontage to

two streets. The aerial photo attached shows that there is an enormous amount of open

space to put another shelter, even if this is not the intention of the owner.

Council is being asked to approve a building contrary to Council policy.


Mr Pederick


Shire of Wagin Town Planning Scheme and policies developed under the Scheme.


The application is contrary to point i) of policy #16 in that the proponent wishes to erect a

building on a vacant Lot without having a building permit in place for a dwelling on the same

lot.

Council, to the best of my knowledge, has enforced this provision in the past.


N/A


To allow one case may cause a precedence which might cause problems later down the

track.

It is not always a good thing to not allow a shed on a Lot just because there is no dwelling on

the Lot as quite often people want to store equipment to maintain the property on site but are

prevented from doing so.

There are other mechanisms to prevent people camping in sheds without approval.

However this item is not about that portion of the policy, it is about whether the applicant can

erect the structure contrary to the policy.

37


Simple Majority

Cr West and Cr Shaw requested to have their vote record against this motion.


Moved: Cr. G R Ball Seconded: Cr. J L C Ballantyne

That the owner of Lot 11 Ware Street not be permitted to erect a structure on the

property for storage purposes as there is no dwelling on the lot, nor has a building

permit been issued for a dwelling on the lot, in accordance with the policy relating to

outbuildings in Residential Zoned land.

Carried 6/5

38

Cr Brockwell declared a financial interest in this item and left the meeting at 8.35pm.

PROPONENT: C & T Brockwell

OWNER: C & T Brockwell

LOCATION/ADDRESS: Loc 2569 Ballaying West Road Wagin

AUTHOR OF REPORT: Health & Building Officer






ATTACHMENTS: Nil

BRIEF SUMMARY:

A request to be able to build a second house on the property.

BACKGROUND:

The owners of Loc 2569 Ballaying West Road Wagin have applied to be able to erect a

second house on the property.

There is already a house located on the lot, therefore the second house would be

considered “grouped dwelling” under the Town Planning Scheme (TPS).

“Grouped dwelling – means a dwelling which is one or a group of two or more dwellings on

the same lot such that no dwelling is placed wholly or partly vertically above another....”

The proposed second house will be situated on the other side of the property from the

existing, main house (see attached hand drawn diagram).

The property is Zoned Rural in the TPS and is 40.5 Ha in size.

COMMENT:

The TPS has various classifications of zones, being Rural, Residential, Commercial and

Industrial.

The classification of Rural zoned land is as follows:

Rural – The Rural Zone is to be used predominantly for agriculture, single residential and

public recreation uses. Other uses listed in Table 1, may be permitted at the discretion of

Council if they are considered to be an integral part of the rural environment and where

Council is satisfied that they will benefit the community and not result in being a nuisance.

11.8 PLANNING APPLICATION – LOC 2569 BALLAYING WEST ROAD

39

Table 1 has “Grouped Dwelling” as an AA use that is a use that is not permitted unless the

Council has granted planning approval.

This means that the second dwelling is not allowed without the approval of Council, and

when considering the proposal, Council is required to take into account whether the second

house is or will be a benefit to the Shire and will not cause any problems or nuisance.

In this case, the property is 40 ha in size and there are no dwellings nearby that might lose

their privacy.

Although the plan attached does not show a distance from the boundary, the plan does

show it being relatively close to the boundary. The TPS requires a minimum distance of 20m

from a boundary for a dwelling in land zoned Rural.

If approved, this will have to be a minimum distance from what is the Western boundary of

the property.

I have sought the opinion of Council‟s contract Town Planners on this matter, and their

advice is as follows:

Grouped housing development on land classified „Rural‟ zone is listed in the zoning table as

being a discretionary use meaning that it is not permitted unless approved by Council. As

such there is scope for people to obtain approval to construct two or more dwellings on rural

zoned land in the Shire. It is significant to note that many other local government authorities

in the Wheatbelt Region have included the following provisions in their town planning

schemes which deal directly with this issue:

“Within the General Agriculture zone the local government will not generally support the

erection of more than one (1) single house per lot. The local government may only consider

granting approval to additional dwelling(s) under the following circumstances:

i) where the land owner clearly demonstrates that the development is required for farm management or tourist development purposes;

ii) the additional dwelling(s) will only accommodate a family member, workers employed for agricultural activities on that lot or tourists;

iii) the additional dwelling(s) are clustered in one location so as to avoid future subdivision pressure and minimise constraints on adjoining uses; and

iv) all essential services to the additional dwelling(s) from the lot boundary (including access roads) are to be shared with any existing dwelling(s) where practicable.”

We are likely to include a similar provision in the Shire of Wagin‟s proposed new Local

Planning Scheme No.3. to afford Council greater control over development of this type.

In this case the second dwelling is for the applicants father in law (satisfies point ii) however

points i), iii) and iv) are not met by this application.

Point iii) above is in place to prevent any thought of potential subdivision down the track as it

would generally be physically impossible to subdivide if the second dwelling is in very close

proximity to the existing house.

40

It also means that the second house does not cause a strain on the neighbouring farmer for

things such as farm management for possible spray drift, set back distances for intensive

agriculture etc.

If for an elderly relative, it could also be argued that their care is best maintained if the

second house is in close proximity to the main house.

This particular application is proposing a very modest house that I believe is a sea container

converted into a dwelling.

A hand drawn plan is attached showing the internal layout of the proposed dwelling.

I do not have any photos to show how the finished appearance will be. Suffice to say, apart

from the external appearance, the building would have to meet the Building Code of

Australia (BCA) for a class 1 dwelling. That will be up to the applicants to provide sufficient

information to issue a building permit.

Further advice from the contract Town Planners is as follows:

WAPC Policy No.3.4 – Subdivision of Rural Land

Under the terms of the abovementioned DC policy the WAPC will generally not support the

further subdivision of any rural land to allow for the creation of an additional title for an

additional dwelling unless the zoning is appropriate (i.e. a rural smallholdings or a rural

residential zoning applies) and further subdivision for this purpose is supported by a

particular local government‟s local planning strategy. In Wagin‟s case there is no local

planning strategy and no areas outside the townsite have been zoned for rural smallholdings

or rural residential purposes. As such any subdivision application submitted to the WAPC for

approval to subdivide a rural property in the Shire of Wagin to allow for the creation of

separate titles for two or more dwellings will in most cases be refused.

The whole basis for the WAPC‟s policy position is to ensure that rural land, despite its size,

is retained for rural purposes and that there is no encroachment by sensitive land uses (i.e.

residential development) which will serve to compromise this types of land‟s productive

capacity.

It is significant to note that many other local government authorities in the Wheatbelt Region

have also included the following provision in their town planning schemes to again deal

directly with the issue of subdivision of rural land:

“The existence of more than one dwelling house on a lot classified General Agriculture or

Rural zone shall not be construed as a basis for the local government‟s support to the

subdivision of the lot.”

Again we are likely to include a similar provision in the Shire of Wagin‟s proposed new Local

Planning Scheme No.3. to ensure that the scheme is consistent with the WAPC‟s policy No.

DC3.4.

41

In light of all of the above information, it is felt that the proposal as presented cannot be

supported in its current form, however if the applicant was to resubmit the application or

agree to the proposed dwelling being placed closer to the main house, it could be supported.

The issue of the external appearance of the proposed dwelling must satisfy Council,

however this is not normally taken into account if the application was for a single dwelling on

a separate lot.

It is felt that due to the lots isolated location, and the fact that it has to meet the BCA, this is

sufficiently addressed.


Shire of Wagin Town Planning Consultants


Shire of Wagin Town Planning Scheme #2


There is currently no policy regarding Grouped Dwellings, however as seen from the

correspondence from the contract Town Planners, it is likely that the matter will be

addressed in the near future.

There is a policy regarding transportable dwellings, however this relates to second hand

transportables.


There is no monetary benefit to the Shire for approving a second dwelling on a property

zoned Rural.


Council should be mindful that to approve a second dwelling in one instance might make it

difficult to refuse a similar application in the future.

If a second dwelling is to be approved, strategically it might be better to have it in close

proximity to the main residence to limit the possible detrimental effects on a neighbouring

property.


Simple Majority

42

Cr Brockwell returned to the meeting at 9.05.

OFFICERS RECOMMENDATION

Moved: Cr. I C Cumming Seconded: Cr. R C Walker

That the application by C & T Brockwell, to be able to build/erect a second house on Loc

2569 Ballaying West Road, Wagin as submitted, be refused, however if the application is

resubmitted with the proposed second dwelling being located within close proximity to the

main residence, the application will be favourably considered.

Motion Lost 1/9


Moved: Cr. J G Shaw Seconded: Cr. J L C Ballantyne

That Cr Brockwell be permitted to return to the meeting to address questions regarding

this item.

Carried 10/0


Moved: Cr. G R Ball Seconded: Cr. E N Pugh

That Council use discretionary authority to approve the application with a fifty metre

setback and that a Statutory Declaration be obtained by the proponent stating that the

dwelling be removed if the property is sold or when no longer required for the said

purpose.

Carried 9/1

43

Cr Shaw left the meeting at 9.05pm.

PROPONENT: Joe Shaw

OWNER: Joe Shaw

LOCATION/ADDRESS: Lot 246, 247(UCL) & 248 Ventnor Street, Wagin


SENIOR OFFICER: N/A




FILE REFERENCE: 323

ATTACHMENTS: Nil

BRIEF SUMMARY:

To approve of an outbuilding in contravention of Council Policy.

BACKGROUND:

The proponent wishes to build a outbuilding (shed) on Lot 248. Council policy prevents this

as it is not accompanied by a house on the same Lot. The house is located on Lot 246.

The proponent intends to amalgamate the two Lots, which if done, would alleviate the

anomaly.

COMMENT:

Council can support the application, on the provision of;

a building application being presented to the satisfaction of the Health and Building

Officer.

The proponent signing a Statutory Declaration that the amalgamation will proceed.

The proponent be given two years to comply with the above and failing either of the

above being completed, or the amalgamation not being approved by the WAPC, such

approval is to be rescinded and the shed be removed.


Joe Shaw

11.9 PERMISSION TO BUILD AN OUTBUILDING (SHED) – LOT 248 VENTNOR

STREET WAGIN

44


Building Act 2011

Wagin Town Planning Scheme No. 2


Health, Building & Planning Policy 16


Nil


N/A


Absolute Majority

Cr Brockwell requested his vote be recorded in support for the recommendation.

Mr G Kerrison left the meeting at 9.15pm.

OFFICERS RECOMMENDATION/COUNCIL DECISION

Moved: Cr. G R Ball Seconded: Cr. J C Brockwell

That Council support the application from J Shaw to construct a shed on Lot 248 subject

to:

Building application being presented to the satisfactions of the Shire Building Surveyor.

A Statutory Declaration to the effect the amalgamation of Lots 246 & 248.

Approval for the shed being revoked upon non completion of the above or approval to the amalgamation of Lots 246 & 248 being not approved by WAPC.

Motion Lost 5/5

COUNCIL DECISION

Moved: Cr. R C Walker Seconded: Cr. C J Brockwell

That Cr Shaw be permitted to return to the meeting to address questions regarding this

item.

Motion Lost 2/8

45

PROPONENT: N/A

OWNER: N/A


AUTHOR OF REPORT: Manager of Finance and Corporate Services





FILE REFERENCE: N/A

ATTACHMENTS: Statement of Financial Activity

BRIEF SUMMARY:

A statement of financial activity is attached for Council to adopt.

BACKGROUND:

A statement of financial activity is attached for Council to peruse and adopt.

COMMENT:

The Local Government (Financial Management) Regulations 1996 requires the Council is to

be presented with a Statement of Financial Activity each month.


N/A


Nil


N/A


Nil


N/A

11.10 STATEMENT OF FINANCIAL ACTIVITY – APRIL 2012

46


Simple Majority


Moved: Cr. E N Pugh Seconded: Cr. G R Ball

That Council adopts the Statement of Financial Activity for the period ending 30th April 2012. Carried 11/0

47

48

49

50

51

52

53

PROPONENT: N/A

OWNER: N/A


AUTHOR OF REPORT: Manager of Finance and Corporate Services





FILE REFERENCE: N/A

ATTACHMENTS: Statement of Accounts and Payments

BRIEF SUMMARY:

A Statement of accounts and other payments is attached for Council to adopt.

BACKGROUND:

The Local Government (Financial Management) Regulations 1996 requires that Council is to

be presented with a Statement of Payments each month.

COMMENT:

A copy of the Statement of Payment s has been complied for the month of April 2012 for

Council to peruse and adopt.


N/A


Local Government (Financial Management) Regulations


N/A


Nil


N/A

11.11 STATEMENT OF PAYMENTS – APRIL 2012

54


Simple Majority



That Council adopt the Statement of Payments for the month of April 2012 showing the following

payment totals:-

Municipal Cheque Payments totalling $ 15,608.67

Municipal Electronic Payments totalling $ 563,844.78

Trust Cheque Payments totalling $ 1,814.50

Carried 11/0

55

56

57

58

59

60

61

62

63

64

Cr C Brockwell left the meeting at 9.25pm.

PROPONENT: Mr Cliff Brockwell (Landowner)

OWNER: Mr Cliff Brockwell

LOCATION/ADDRESS: Lot 2569 (No.512) Ballaying Road West,

Gundaring

AUTHOR OF REPORT: Messrs Joe Douglas & Carlo Famiano –

Consultant Planners (Urban and Rural

Perspectives)



PREVIOUS REPORT(S): 28 February 2012



ATTACHMENTS: Nil

BRIEF SUMMARY:

This report recommends that a planning application submitted by Mr Cliff Brockwell

(Landowner) seeking Council‟s planning approval to stage the „Wagin Burnouts‟ annual

event (i.e. „private recreation‟) on a portion of Lot 2569 (No.512) Ballaying Road West,

Gundaring be approved subject to conditions.

BACKGROUND AND COMMENT:

The applicant is seeking Council‟s planning approval to stage the „Wagin Burnouts‟ annual

event (i.e. on New Year‟s Eve each year) on a portion of Lot 2569 (No.512) Ballaying Road,

Gundaring (see Plans 1 to 4).

Lot 2569 is located approximately 15 kilometres east of the Wagin townsite, has direct

access to Ballaying Road West along its southern boundary and comprises a total area of

approximately 40.515 hectares. The land has been extensively cleared and is currently used

for broadacre agricultural purposes (i.e. cropping & grazing).

At its Ordinary Meeting held on 28 February 2012 the Wagin Shire Council considered the

planning application submitted by Mr Brockwell and resolved to:

a) support the proposal in-principle;

b) advertise it for public comment following the receipt of additional information and plans addressing a range of matters; and

c) have the application referred back to Council for final determination at the conclusion of public advertising.

On 27 March 2012 the Shire‟s Administration received a revised plan and the following

additional supporting information from the applicant:

11.12 PLANNING APPLICATION – PROPOSED ANNUAL EVENT (‘WAGIN

BURNOUTS’)

65

i) The event is expected to attract approximately five hundred (500) patrons in its first year of operation;

ii) The event will be open to the public from 12 noon on 31st December to 2am the following morning (i.e. 1st January);

iii) Burn out competitions will be held between 4 and 10.30pm on 31st December;

iv) The live band will perform between 10.30pm on 31st December until 2am on 1st January;

v) The event will not provide on-site accommodation however spectators will be encouraged to bring camping equipment for use within a designated camping area; and

vi) A cooked breakfast will be available to patrons (i.e. campers) the morning following the event (i.e. 1st January).

Following a detailed review of the additional information and revised plan by the Shire‟s

Administration the application was advertised for public comment for the minimum required

period of twenty one (21) days concluding on 27 April 2012. This process included a notice

in the local newspaper, correspondence to adjoining landowners and display of the relevant

report and plans at the Shire‟s Administration Centre.

At the conclusion of public advertising a total of one (1) submission had been received by

the Shire from a nearby landowner who raised a number of minor concerns with the

proposal. A summary of this submission is provided below for Council‟s consideration along

with comments from the reporting officers regarding the validity of each claim.

Concerns Raised Comments

Given the time of year the annual

event will be held (i.e. summer),

concerns are raised in regards to

potential fire risks.

Any fire risks associated with the event will need to be addressed as part of the Risk Management Plan required to be prepared by the event organiser as a condition of planning approval. The Risk Management Plan will need to be lodged with the Shire of Wagin for assessment and approval at least two (2) months prior to the event being held.

In addition to the above, the event organiser will also be required to prepare and submit an Emergency Management Plan for approval by the Shire of Wagin prior to the event being held.

Concerns are raised regarding

unrestrained dogs being a risk to

livestock.

The restraining of dogs within public places is controlled by the Dog Act 1976 and the Shire of Wagin‟s Dog Local Law 2001. As such all dog owners will be required to comply with the specific requirements of this Act and Local Law.

Any failure to comply with the Act or Local Law may result in infringement notices being issued by the Shire.

Council also has the option of imposing a condition on any planning approval issued which bans patrons from bringing dogs to the event.

Council must now determine whether or not it will grant planning approval to the application

having regard for:

a) the nature of the proposed use and its potential impacts on the amenity of the immediate locality;

b) the provisions contained in Town Planning Scheme No.2; and

c) the outcomes from the recent public advertising process. The following points are considered relevant in determining the suitability of the proposed

use and whether or not planning approval should be granted:

66

i) TPS No.2 does not contain any specific standards for the development and use of any land in the Scheme Area for „private recreation‟ purposes. As such the planning application must be determined by Council on its merits with due regard for any impacts it may have on surrounding land uses and the general character, amenity, functionality and safety of the immediate locality.

ii) The predominant use surrounding Lot 2569 is broadacre farming (i.e. cropping & grazing) with a conservation reserve located to the north of the property. It is significant to note that the nearest sensitive land use (i.e. residential dwelling) is located approximately two (2) kilometres away.

iii) The proposed event is a public recreation type use that could easily be integrated into the local rural environment as evidenced by the development of many other types of recreational uses on rural land throughout the Wheatbelt Region of Western Australia (e.g. speedways, go-kart tracks, equestrian facilities, tennis courts, shooting ranges etc.).

iv) The proposed event is capable of being conducted in a manner which will not be obstructive or detrimental to the amenity of the immediate locality.

v) The proposed event is unlikely to have a detrimental impact on the visual amenity of the immediate locality or the continued operation of other existing established rural land uses.

vi) The proposed event will only be held once a year on New Year‟s Eve (i.e. 31st December).

vii) In issuing planning approval to the proposed use Council may impose any conditions considered appropriate in the circumstances to ensure that the amenity of the immediate locality is maintained and protected. Any failure to comply with these conditions is an offence under the Planning and Development Act which carries significant financial penalties.

viii) The proposed use has potential to be of significant benefit to the local community in terms of the economic, social and recreational activity.

CONCLUSION:

Given the outcomes from public advertising and a detailed assessment by the reporting

officers, it is concluded that the proposal to stage the „Wagin Burnouts‟ annual event on a

portion of Lot 2569 (No.512) Ballaying Road West, Gundaring is capable of being

implemented in a proper and orderly manner and could be of significant benefit to the local

community. As such it is recommended that Council exercise its discretion and grant

approval to the application subject to a range of conditions.


Completed in accordance with the specific requirements of clause 6.3 of the Shire of Wagin

Town Planning Scheme No.2 for the minimum required period of twenty one (21) days.


Shire of Wagin Town Planning Scheme No.2.

Planning and Development Act 2005 (as amended)

Health Act 1911 and the Shire of Wagin Health Local Laws 2001

Food Act 2008

Liquor Licensing Act 1988

67


Department of Health – Guidelines for Concerts, Events and Organised Gatherings 2009


N/A


N/A


Simple Majority

68


Moved: Cr. E N Pugh Seconded: Cr. J G Shaw

That the application for planning approval submitted by Mr Cliff Brockwell (Landowner) to

stage the „Wagin Burnouts‟ annual event (i.e. „private recreation‟) on a portion of Lot 2569

(No.512) Ballaying Road West, Gundaring be APPROVED subject to compliance with

the following conditions and advice notes:

1. The event must be carried out in accordance with the details and plans submitted in support of the application and all conditions of planning approval imposed by Council.

2. Any additional development and/or use of the land not in accordance with the details and plans submitted in support of the application will require the further approval of Council.

3. The event shall be held on an annual basis only commencing at 12 noon on 31st December each year unless otherwise approved by Council and subject to the following:

i) Burn out competitions to cease at 10.30pm on 31st December each year; and

ii) Live music band to cease performing at 2am on the 1st January each year.

4. No activities causing noise and/or inconvenience to neighbouring properties shall be undertaken on the land after 12 noon the following day of the event (i.e. 1st January each year).

5. The event shall be undertaken and managed so as to not cause a nuisance or annoyance to the owners or occupiers of any nearby properties or have a negative impact on the character and/or amenity of the immediate locality.

6. A completed building permit application must be submitted to and approved by the Shire‟s Building Surveyor prior to the commencement of any earthworks or construction on the land.

7. All stormwater generated by the proposed development (i.e. concrete burn out pad) shall be managed and disposed of to the specifications and satisfaction of the Shire of Wagin.

8. All advertising signage associated with the event (including promotional signage) shall be approved by the Shire of Wagin prior to erection.

9. The applicant shall seek and obtain all other approvals required from the Shire and any other relevant government agencies prior to the event being staged (i.e. promotional signage, liquor licensing, noise regulation, food and drink outlets, temporary structures etc.)

10. The event shall be provided with adequate ablution facilities in accordance with the Department of Health „Guidelines for Concerts, Events and Organised Gatherings‟.

11. The applicant shall prepare and submit for the Shire‟s approval a traffic management report detailing access/egress and emergency evacuation procedures for the event at least two (2) months prior to the event being staged each year.

69

12. The applicant shall prepare and submit an Emergency Plan for approval by the Shire of Wagin prior to the event being staged each year.

13. The applicant shall prepare and submit a Risk Management Plan for approval by the Shire of Wagin at least two (2) months prior to the event being staged each year. The Risk Management Plan shall address issues such as ablution numbers, waste removal/management, liquor licensing requirements, fire suppression measures, water supply arrangements, waste water disposal, provision of first aid facilities/services and public liability insurance arrangements.

Carried 10/0

Advice Notes

1. Any permanent or temporary structures to be erected for the event are required to comply in all respects with the Building Code of Australia. Plans and specifications which reflect these requirements are required to be submitted to the Shire with the building permit application.

2. The event organiser/s are required to comply with all relevant legislation, regulations and guidelines including but not limited to the following:

i) Department of Health „Guidelines for Concerts, Events and Organised Gatherings‟.

ii) Health Act 1911 and the Shire of Wagin Health Local Laws 2001.

iii) Food Act 2008.

iv) Liquor Licensing Act 1988.

v) Planning and Development Act 2005 and the Shire of Wagin Town Planning Scheme No.2.

70

Cr Brockwell returned to the meeting at 9.26pm.

PROPONENT: Elementree Group Limited on behalf of RJ & JM Nalder

(Landowners)

OWNER: RJ &JM Nalder

LOCATION/ADDRESS: Lots 100, 3680, 4399, 4400, 11581 & 13887 Behn Ord

Road & Rowells Road, Collingwood/Ballaying

AUTHOR OF REPORT: Messrs Joe Douglas and John Culmer – Consultant

Town Planners (Urban and Rural Perspectives)






ATTACHMENTS: Nil

BRIEF SUMMARY:

This report recommends that a planning application submitted by Elementree Group Limited

on behalf of RJ & JM Nalder (Landowners) to establish a timber plantation on various lots on

Behn Ord and Rowells Roads, Collanilling/Ballaying be approved subject to conditions.

BACKGROUND:

Elementree Group Limited acting on behalf of the current landowners is seeking Council‟s

planning approval to establish a new timber plantation on various lots along Behn Ord Road

and Rowells Road, Collanilling/Ballaying for carbon sequestration purposes (see Plans 5 &

6).

The subject land comprises a total area of approximately 2,301 hectares and has been

extensively cleared of native vegetation as a result of its historical development and use for

broadacre agricultural purposes (i.e. cropping & grazing). Notwithstanding the extent of the

previous clearing works, the land does contain a small number of scattered stands of native

vegetation throughout and one significant stand of native vegetation in its northern portion

(see Plan 7).

Elementree Group Limited is a Forest Sink Abatement Provider whose core business is the

re-establishment of trees in agricultural areas for carbon abatement purposes. Elementree

Group Limited has confirmed that it has entered into a Tree Plantation and Carbon Rights

Agreement with RJ & JM Nalder to establish a timber plantation on the land for a term of 100

years. The primary purpose and commercial objective of the proposed plantation is to

“establish and maintain carbon abatement plantations for the generation and sale of

internationally-certified Kyoto-compliant greenhouse gas abatement permits in accordance

11.13 PLANNING APPLICATION – PROPOSED TIMBER PLANTATION

71

with the Code of Practice for Timber Plantations in Western Australia and the Mallee

Cropping Code of Practice”.

It is understood from the information contained the „Plantation Management Plan‟ submitted

in support of the application that the proposed timber plantation will:

Be designed in conjunction with the current landowners to help maintain and improve the efficiency of current and future broadacre agricultural activities (i.e. cropping and grazing);

Cover a total area of approximately 41 hectares with Eucalyptus trees to be planted in both „block‟ and „alley style‟ compartments and belts ranging in size from 1.3 hectares up to a maximum of 12 hectares (see Plans 8 to 13);

Contain planting belts 10 metres wide comprising two (2) tree rows located five (5) metres apart with an allowance of 2.5 metres either side to allow for canopy overhangs;

Contain planting compartments five (5) metres apart with a distance of 2 to 4 metres between trees resulting in a planting density equivalent to 500 or 1000 stems per hectare which is considered to be medium to low stocking rates;

Include ten (10) metre wide external firebreaks where plantings adjoin other plantings or remnant vegetation and six (6) metre wide internal compartment fire breaks;

Utilise the property‟s existing firebreak network which will continue to be maintained by the current landowners in accordance with the Shire‟s current firebreak regulations;

Include creek line planting comprising a total additional area of approximately 4.7 hectares which will managed by the landowner;

Complement the existing native vegetation on the land and not result in any further clearing works;

Enhance natural biodiversity by providing areas of perennial vegetation under native tree species where other native flora and fauna can recolonise and use as a habitat;

Complement the aesthetics of the local agricultural landscape;

Provide windbreak protection for crops and pastures and shade and shelter for livestock;

Stabilise erodible soils;

Have a negligible impact on the land‟s current fire characteristics and risks given that it will only cover 2% of the total land area;

Not impact upon any Public Drinking Water Source Areas or significant watercourses, wetlands or underground aquifers;

Be the subject of a carbon covenant which will be registered over the property to legally protect the trees within the plantation for a period of 100 years; and

Be established and maintained in accordance with the Code of Practice for Timber Plantations in Western Australia 2006.

Elementree Group Limited has also advised that harvesting of the proposed plantation is not

envisaged at this preliminary stage but may be considered in later years should carbon

trading rules and financial parameters permit.

COMMENT:

Current Zoning & Land Use Permissibility

The subject land is currently classified „Rural‟ zone under the Shire of Wagin Town Planning

Scheme No.2 (TPS No.2).

72

A key objective of the land‟s current „Rural‟ zoning classification is to retain the predominant

use of the land for agricultural, single residential and public recreation purposes. Alternative

uses are permitted to be developed at the discretion of Council where such use is

considered to be an integral part of the rural environment, is of a benefit to the community

and will not result in being a nuisance.

The proposed use is best classified as „Agroforestry‟ which is a use class not included or

described in TPS No.2 but is generally defined in other planning documents as „land used

commercially for both tree production and agriculture where trees are planted in blocks of

more than one (1) hectare.‟

Despite the proposed use not being defined or specifically mentioned in the Zoning Table of

TPS No.2, Council can consider the proposal under Clause 3.25 of TPS No.2 which states:

If the use of the land for particular purpose is not specifically mentioned in the Zoning Table

and cannot reasonable be determined as falling within the interpretation of one of the use

categories the Council may:

(a) determine that the use is consistent with the objectives and purposes of the particular zone and is therefore permitted; or

(b) determine that the proposed use may be consistent with the objectives and purpose of the zone and thereafter follow the „SA‟ procedures of Clause 6.3 in considering an application for planning approval; or

(c) determine that the use is not consistent with the objectives and purposes of the particular zone and is therefore not permitted.

Having regard for the nature and scale of the proposed development and use of the subject

land for timber plantation purposes and its limited potential impacts, it is the reporting

officers‟ view that the proposal is generally consistent with the objectives of the land‟s

current „Rural‟ zoning classification and should therefore be permitted.

TPS No.2 Development Standards & Requirements

TPS No.2 does not contain any specific development provisions or standards applicable to

the development and use of „Rural‟ zoned land for timber plantation purposes. Despite this

fact clause 6.5.1 of TPS No.2 states that when considering any application for planning

approval Council shall have due regard to any policies and guidelines adopted by the

Western Australian Planning Commission and the State Government and any other planning

considerations which Council considers relevant.

In this case the provisions and standards contained in the following planning documents are

considered relevant when determining the suitability of the proposal and the range of

conditions to be imposed on any planning approval issued:

The Code of Practice for Timber Plantations in Western Australia 2006;

FESA Guidelines for Plantation Fire Protection 1998;

WAPC Planning Bulletin No.56 – Farm Forestry Policy;

Planning for Bush Fire Protection Guidelines (Edition 2);

73

WAPC State Planning Policy No.2 - Environment and Natural Resources Policy;

WAPC State Planning Policy No.11 - Agricultural and Rural Land Use Planning;

WAPC State Planning Policy No. 2.9 - Water Resources;

WAPC State Planning Policy No. No. 3 - Urban Growth and Settlement; and

WAPC State Planning Policy No 4.1 - State Industrial Buffer Policy.

The reporting officers‟ assessment of the application has confirmed that the proposed development and use of the land generally complies with the provisions and standards prescribed in the abovementioned documents aside from the fire management plan requirements contained in FESA‟s Guidelines for Plantation Fire Protection 1998 and Planning for Bush Fire Protection Guidelines (Edition 2). Although the Plantation Management Plan submitted in support of the application outlines future proposed fire management arrangements, it is recommended that Council impose a suitable condition on any planning approval issued to ensure that a more detailed, stand alone fire management plan is prepared in accordance with the relevant guidelines and referred to both the Shire and FESA for review and endorsement prior to establishment of the plantation. It is also recommended that Council impose a more general condition to ensure compliance with all relevant legislation, policies and guidelines applicable to the development of timber plantations in Western Australia.

CONCLUSION:

It is concluded that the proposal by Elementree Group Limited to establish a timber plantation on various lots on Behn Ord and Rowells Roads, Collanilling/Ballaying is generally consistent with the objectives of the land‟s current „Rural‟ zoning classification and is unlikely to have a negative impact upon the amenity, character, functionality and safety of the immediate locality provided it is implemented in accordance with all relevant legislation, policies and guidelines applicable to the development of timber plantations in Western Australia.


Not Required


Shire of Wagin Town Planning Scheme No.2

Planning and Development Act 2005 (as amended)


The Code of Practice for Timber Plantations in Western Australia 2006

FESA Guidelines for Plantation Fire Protection 1998

WAPC Planning Bulletin No.56 – Farm Forestry Policy

Planning for Bush Fire Protection Guidelines (Edition 2)

WAPC State Planning Policy No.2 - Environment and Natural Resources Policy

WAPC State Planning Policy No.11 - Agricultural and Rural Land Use Planning

WAPC State Planning Policy No. 2.9 - Water Resources

WAPC State Planning Policy No. No. 3 - Urban Growth and Settlement

WAPC State Planning Policy No 4.1 - State Industrial Buffer Policy

Council should also note that given the absence of any specific provisions and/or standards

in the Shire of Wagin‟s current Town Planning Scheme No.2 that can be consistently applied

74

to the future development and use of „Rural‟ zoned land for timber plantation purposes, it is

recommended that Council consider formulating and adopting a local planning policy under

TPS No.2 that clearly outlines Council‟s position regarding the development of timber

plantations throughout the Shire, the standards to be applied and the processes required to

obtain the necessary approvals. The total cost of preparing and adopting the policy is

estimated to be approximately $3,000.00 excluding GST.


N/A


N/A


Simple Majority

75


Moved: Cr. J G Shaw Seconded: Cr. G T Hegarty

That Council resolve to:

1. Approve the application for planning consent submitted by Elementree Group Limited on behalf of RJ & JM Nalder (Landowners) to establish a timber plantation on various lots on Behn Ord and Rowells Roads, Collanilling/Ballaying in accordance with the details of the information and plans submitted in support of the application subject to compliance with the following conditions:

Conditions

i) The development is to be substantially commenced within a period of two (2) years from the date of this approval. If the development is not substantially commenced within this period the approval will lapse and be of no further effect. Where an approval has lapsed, no development shall be carried out without the further approval of the Shire of Wagin having first been sought and obtained.

ii) The proposed development and use of the land shall be undertaken in accordance with the details of the „Plantation Management Plan‟ submitted in support of the application.

iii) The proposed development and use of the land shall comply in all respects with the provisions, standards and requirements prescribed in the following documents:

- The Code of Practice for Timber Plantations in Western Australia 2006 - FESA Guidelines for Plantation Fire Protection 1998 - Planning for Bush Fire Protection Guidelines (Edition 2) - WAPC State Planning Policy No.2 - Environment and Natural Resources

Policy - WAPC State Planning Policy No.11 - Agricultural and Rural Land Use

Planning - WAPC State Planning Policy No. 2.9 - Water Resources - WAPC State Planning Policy No. No. 3 - Urban Growth and Settlement - WAPC State Planning Policy No 4.1 - State Industrial Buffer Policy

iv) The proposed timber plantation is not permitted to be established within 500 metres of any existing dwelling on the subject land or any adjoining property unless it can clearly be demonstrated to the satisfaction of Council that the planting of trees closer to any existing dwelling will address a natural resource management issue (e.g. salinity) and the plantation operations will not have any adverse impacts upon the amenity, character and safety of the immediate locality.

v) The use of insecticides must be in accordance with Public Health Guidelines and the aerial application of any insecticides and/or herbicides and fertilizers must be in accordance with the Aerial Spraying Control Act 1966 and the relevant code of practice.

76

vi) A more detailed, stand alone Fire Management Plan is required to be prepared in accordance with the standards and requirements contained in FESA‟s Guidelines for Plantation Fire Protection 1998 and Planning for Bush Fire Protection Guidelines (Edition 2) and shall be submitted to both the Shire and FESA for review and endorsement prior to establishment of the plantation.

vii) The applicant shall provide a detailed preliminary harvest plan at least eighteen (18) months prior to the commencement of any harvesting activities detailing proposed harvest volumes, transport methods, transport routes, type of harvesting system and the timing of the harvest operations as well as any other additional information that may be required by Council at the time of submitting the plan.

2. That Council consider and advise the Shire Administration whether or not it wishes to formulate and adopt a local planning policy under the Shire of Wagin Town Planning Scheme No.2 that clearly outlines Council‟s position regarding the future development of timber plantations throughout the Shire, the standards to be applied and the processes required to obtain the necessary approvals.

Carried 11/0

77

a) Elected Members

Cr West advised the Great Aussie Campout will be held on Saturday 13 October

2012 at the Wagin Sportsgrounds RV Area. He advised that he had secured a

Thomas the Tank Display.

Cr Hegarty advised currently he is Chairperson of the Asset Management

Committee, however due to circumstances changing would not be available to attend

meetings that are held during business hours.

Cr Lloyd advised he had contacted sporting clubs for input into the Sports and

Recreation Master Plan and suggested two members from each club be invited for

around the table discussion.

Shire President Cr P Blight advised that he had attended the following meetings and

functions;

25/04/2012 Anzac Day

27/04/2012 CC Zone – Brookton

30/04/2012 Tim Shackton – SIHI

03/05/2012 CEO Review

09/05/2012 Tom Quilty

14/05/2012 Wagin Tourism Association

CC Zone – Metro Review (Teleconference)

b) Officer‟s

Nil

Nil

12. ANNOUNCEMENT OF PRESIDENT AND COUNCILLORS

13. URGENT BUSINESS INTRODUCED BY DECISION OF THE MEETING

78

Under the Local Government Act 1995, Part 5, and Section 5.23, states in part:

(2) If a meeting is being held by Council or by a committee referred to in subsection

(1)(b), the Council or committee may close to members of the public the meeting,

or part of the meeting, if the meeting or the part of the meeting deals with any of

the following:

(a) a matter affecting an employee or employees; (b) the personal affairs of any person; (c) a contract entered in to, or which may be entered into, by the local government

and which relates to a matter to be discussed at the meeting: (d) legal advice obtained, or which may be obtained, by the local government and

which relates to a matter to be discussed at the meeting; (e) a matter that if disclosed, would reveal:

(i) a trade secret; (ii) information that has a commercial value to a person; or (iii) information about the business, professional, commercial or

financial affairs of a person; Where the trade secret or information is held by, or is about, a person other than

the local government.

(f) a matter that if disclosed, could be reasonably expected to: (i) impair the effectiveness of any lawful method or procedure for

preventing, defecting, investigating or dealing with any contravention or possible contravention of the law;

(ii) endanger the security of the local government’s property; or (iii) prejudice the maintenance or enforcement of any lawful measure

for protecting public safety; (g) information which is the subject of a direction given under section 23(1a) of the

Parliamentary Commissioner Act 1981;and (h) such other matters as may be prescribed.

14. CONFIDENTIAL BUSINESS AS PER LOCAL GOVERNMENT ACT s5.23(2)


Moved: Cr. I C Cumming Seconded: Cr. J L C Ballantyne

That Council close the meeting to the public at pursuant to sub section 5.23 (a) and (d) of

the Local Government Act 1995.

Carried 11/0

79

The meeting closed at 10.35pm.

These Minutes were confirmed at a meeting held on

___________________________

Signed ______________________________

Presiding Member at the meeting at which the Minutes were confirmed.

Dated ______________________________

15. CLOSURE

14.1 CEO PERFORMANCE REVIEW


Moved: Cr. G R Ball Seconded: Cr. E N Pugh

That the CEO‟s performance and revised KRA‟s be endorsed with the inclusion of the

CEO House.

Carried 11/0



That Council open the meeting to the public at pursuant to sub section 5.23 (a) and (d)

of the Local Government Act 1995.

Carried 11/0

Documents

SHIRE OF · PDF file11.3 2012 WA LOCAL GOVERNMENT CONVENTION ..... 24 11.4 SES HEADQUARTERS - WAGIN ... That Cr West be granted a leave of absence for the council meetings to be held