bunbury city council notice of meeting and agenda 17 may 2016 and... · 17 may 2016 agenda –...

CITY OF BUNBURY 4 Stephen Street

Bunbury WA 6230 Western Australia

Correspondence to: Post Office Box 21

Bunbury WA 6231

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

Bunbury City Council Notice of Meeting and Agenda 17 May 2016

Table of Contents

Item No Subject Page

1. Declaration of Opening / Announcements of Visitors............................................................................ 6

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

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

4. Attendance ............................................................................................................................................. 6

4.1 Apologies ............................................................................................................................... 6 4.2 Approved Leave of Absence .................................................................................................. 6

5. Declaration of Interest ............................................................................................................................ 7

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

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

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

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

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

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

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

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

10.1 Recommendations from Advisory Committees ................................................................... 11 10.1.1 Review of Council Policy – Elected Member Discretionary Funds ...................... 11 10.1.2 Review of Council Policy – Private Use of Mayoral Vehicle ................................. 13 10.1.3 Review of Council Policy – Reimbursement of Accommodation and Other

Expenses 15 10.1.4 Review of Council Policy – Infringement Withdrawal ......................................... 17 10.1.5 Review of Council Policy – Grant Funding Program ............................................ 19 10.1.6 Review of Council Policy – Sponsor Advertising - Sporting Grounds ................... 21 10.1.7 Review of Council Policy – Elected Member Requests ........................................ 23 10.1.8 Review of Council Policy – Land Rationalisation and Acquisitions ...................... 25 10.1.9 Review of Council Policy – Town Planning Appeal Applications for Review ....... 27 10.1.10 Review of Council Policy – Access and Inclusion ................................................. 29

10.2 Chief Executive Officer Reports ........................................................................................... 31 10.2.1 Draft Integrated Financial Plan 2016/17 to 2030/31 ........................................... 31 10.2.2 Reporting of Council Policy – Infringement Withdrawal ..................................... 34

10.3 Director Corporate and Community Services ...................................................................... 36 10.4 Director Planning, Development and Regulatory Services Reports .................................... 37

Table of Contents

Item No Subject Page

10.4.1 Application for Development Approval for Proposed Gatehouse and Boundary Fence at Lot 3, No. 293, Blair Street, South Bunbury ......................... 37

10.4.2 Proposed Ancillary Dwelling at Lot 34 (#32) Tilley Crescent, East Bunbury ........ 45 10.5 Director Works and Services Reports .................................................................................. 50

11. Applications for Leave of Absence ........................................................................................................ 51

11.1. Applications for Leave of Absence – Cr Murray Cook ......................................................... 51 11.2. Applications for Leave of Absence – Cr Jaysen Miguel ........................................................ 51

12. Motions on Notice ................................................................................................................................ 52

13. Questions on Notice ............................................................................................................................. 52

13.1 Response to Previous Questions from Members taken on Notice...................................... 52 13.2 Questions from Members .................................................................................................... 52

14. New Business of an Urgent Nature Introduced by Decision of the Meeting ....................................... 52

15. Meeting Closed to Public ...................................................................................................................... 52

15.1 Matters for which the Meeting may be Closed ................................................................... 52 15.2 Public Reading of Resolutions that may be made Public ..................................................... 52

16. Closure .................................................................................................................................................. 52

17 May 2016 Agenda – Council Meeting

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

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

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

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

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

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


Bunbury City Council Notice of Meeting

The next Ordinary Meeting of the Bunbury City Council will be held in the Council Chambers, City of Bunbury Administration Building, 4 Stephen Street, Bunbury on Tuesday, 17 May 2016 at 5.30pm.

Andrew Brien Chief Executive Officer (Date of Issue: 12 May 2016)

Agenda 17 May 2016

Note: The recommendations contained in this document are not final and are subject to adoption, amendment (or otherwise) at the meeting.

Council Members: Mayor Gary Brennan Deputy Mayor Brendan Kelly Councillor Wendy Giles Councillor James Hayward Councillor Judy Jones Councillor Jaysen Miguel Councillor Michelle Steck Councillor Karen Steele Councillor Sam Morris Councillor Betty McCleary Councillor Monique Warnock Councillor Joel McGuinness Councillor Murray Cook


1. Declaration of Opening / Announcements of Visitors

2. Disclaimer All persons present are advised that the proceedings of this meeting will be recorded for record keeping purposes and to ensure accuracy in the minute taking process, and will also be streamed live via the internet to the public.

3. Announcements from the Presiding Member

4. Attendance

4.1 Apologies

4.2 Approved Leave of Absence Cr Giles is on approved leave of absence from all Council-related business from 6 May 2016 to 25 May 2016 inclusive.


5. Declaration of Interest

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

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

person’s land.” Regulation 34C (Impartiality): “interest means an interest that could, or could reasonably be perceived to, adversely affect the impartiality of the person having the interest and includes an interest arising from kinship, friendship or membership of an association.”

Mayor Gary Brennan declared an impartiality interest in the item titled “10.1.2 Review of Council Policy – Private Use of Mayoral Vehicle” as he is the Mayor. Mayor Brennan will remain in chamber for the duration of the discussion and the vote on the matter. Cr Joel McGuinness declared an impartiality interest in the item titled “10..4.1 Application for Development Approval for Proposed Gatehouse and Boundary Fence at Lot 3 No.293 Blair Street, South Bunbury” as he is the owner of a house on Steere Crescent. Cr McGuinness will remain in chamber for the duration of the discussion and the vote on the matter.


6. Public Question Time

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

6.1 Public Question Time

6.2 Responses to Public Questions Taken ‘On Notice’

Nil


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

7.1 Minutes

7.1.1 Minutes – Ordinary Council Meeting The minutes of the Ordinary meeting of the Bunbury City Council held 3 May 2016 have been circulated. Recommendation The minutes of the Ordinary meeting of the Bunbury City Council held 3 May 2016 be confirmed as a true and accurate record.

7.1.2 Minutes – Council Advisory Committees and Working/Project Groups

Applicant/Proponent: Internal Report

Author: Various

Executive: Various

Attachments: Appendix MTBN-1 – Policy Review and Development Committee Minutes 21/04/2016

Summary The following Advisory Committee Meetings were held and the minutes are presented for noting: 1. Title: Policy Review and Development Committee Minutes 21/04/2016

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

Council Committee Recommendation The following Advisory Committee meeting minutes listed in the report be accepted and noted: 1. Policy Review and Development Committee Minutes 21/04/2016


8. Petitions, Presentations, Deputations and Delegations

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

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

8.2 Presentations

8.3 Deputations

8.4 Council Delegates’ Reports

8.5 Conference Delegates’ Reports

9. Method of Dealing with Agenda Business


10. Reports

10.1 Recommendations from Advisory Committees 10.1.1 Review of Council Policy – Elected Member Discretionary Funds

Applicant/Proponent: Policy Review and Development Committee

Responsible Officer: Greg Golinski, Manager Governance

Executive: Andrew Brien, Chief Executive Officer

Appendix: Nil

Summary The purpose of this report is for Council to consider a recommendation from the Policy Review and Development Committee to revoke the existing Council Policy relating to Elected Member Discretionary Funds. Advisory Committee Recommendation That Council, as a result of Council Decision 122/16, revoke Council Policy Elected Member Discretionary Funds. Strategic Relevance Key Priority Area 5 Corporate Objective 5.2 Maintain a high standard of corporate governance and improve access to

information Background At its ordinary meeting held on 19 April 2016, Council resolved to reallocate Elected Member Discretionary Fund monies into the community funding and events pools from 2016/17 (refer Council Decision 122/16). Council Policy Compliance This report proposes the revocation of an existing Council Policy. Legislative Compliance There is no Legislative Compliance applicable to this matter. Officer Comments Council Decision 122/16 effectively renders obsolete Council’s existing policy relating to Elected Member discretionary funds, as these funds no longer exist. The Policy Review and Development Committee therefore recommend the existing policy be revoked.


Community Consultation Not applicable Analysis of Financial and Budget Implications Council Decision 122/16 reallocates Elected Member Discretionary Fund monies ($75,000 per annum) into the community funding and events pools from 2016/17.


10.1.2 Review of Council Policy – Private Use of Mayoral Vehicle




Appendix: Appendix RAC-1: Council Policy – Private Use of Mayoral Vehicle

Summary The purpose of this report is for Council to consider a recommendation from the Policy Review and Development Committee who have reviewed Council’s current policy relating to use of the Mayoral Vehicle. Advisory Committee Recommendation That the Policy Review and Development Committee recommend that Council adopt the revised Council Policy Private Use of Mayoral Vehicle as attached at Appendix RAC-1. Strategic Relevance Key Priority Area 5 Corporate Objective 5.2 Maintain a high standard of corporate governance and improve access to

information Background Although the Local Government Act 1995 (the Act) does not expressly provide for the provision of motor vehicles to Elected Members, the Department of Local Government (the Department) considers that there is scope in section 5.98 of the Act to allow the Mayor to be provided with the use of a motor vehicle for the purpose of carrying out his or her official functions and duties. The Act is however silent in relation to the use of the vehicle for private purposes. The Department advises that private use is clearly considered as a personal benefit over and above the normal entitlements of fees, expenses and allowances that are provided to elected members under the Act. Accordingly, private use does not fall within the scope of an elected member performing their functions and duties under the Act. To assist in clarifying the provision of a vehicle for official purposes and the payment of expenses, the Department has introduced section 5.101A as a new section of the Act to allow for regulations to be made about the method of payment of an expense for which a person may be reimbursed. A motor vehicle is now prescribed in the Local Government (Administration) Regulations 1996 (the Regulations) as one of those methods of payment of an expense for which a person may be reimbursed. The Regulations also require that the Council Member to which a vehicle is provided must sign an agreement setting out the responsibilities of the Council Member in relation to the use of that vehicle. Cognisant of the change to the legislation, the Department suggested that local governments adopt a policy in relation to Mayoral vehicle use. The Policy Review and Development Committee (and


subsequently Council) prepared and adopted the current policy in this regard (in July 2014, refer Decision 235/14), which is consistent with guidelines provided by the Department for this purpose. Furthermore, an agreement is currently in place between the Mayor and the City which formalises acceptance of the terms and conditions of the policy. The Policy Review and Development Committee reviewed this policy at its meeting held on 21 April 2016. Council Policy Compliance This report facilitates a review of an existing Council Policy. Legislative Compliance Section 5.101A of the Local Government Act 1995 and regulation 34AD of the Local Government (Administration) Regulations 1996 apply. Officer Comments The Policy Review and Development Committee have reviewed the current policy and have recommended a minor change to clarify use of the Mayoral vehicle by persons other than the Mayor (i.e. spouse). The proposed amendment is attached at Appendix RAC-1. Analysis of Financial and Budget Implications There are no financial or budgetary implications impacting from the recommendations of this report. Councillor/Officer Consultation This report is commended to Council by the Policy Review and Development Committee.


10.1.3 Review of Council Policy – Reimbursement of Accommodation and Other Expenses




Appendix: Appendix RAC-2: Council Policy – Council Policy Reimbursement of Accommodation and Other Expenses

Summary The purpose of this report is for Council to consider a recommendation from the Policy Review and Development Committee who have reviewed Council’s current policy relating to the reimbursement of accommodation and other expenses. Advisory Committee Recommendation That Council note the review of current Council Policy Reimbursement of Accommodation and Other Expenses as attached at Appendix RAC-2, with no changes recommended. Strategic Relevance Key Priority Area 5 Corporate Objective 5.2 Maintain a high standard of corporate governance and improve access to

information Background The Policy Review and Development Committee reviewed this policy at its meeting held on 21 April 2016. Legislative Compliance Section 5.98(2) of the Local Government Act 1995 provides for the reimbursement of expenses. Officer Comments The Policy Review and Development Committee have reviewed this policy, and consider that other than some minor referencing amendments as attached at Appendix RAC-2 (which do not affect the policy wording itself), the policy is still appropriate in its current form. Community Consultation Not applicable. Council Policy Compliance This report facilitates a review of an existing Council Policy.


Analysis of Financial and Budget Implications There are no financial or budgetary implications arising from the recommendations of this report, as the intent of the existing policy has not been altered. Councillor/Officer Consultation This report is commended to Council by the Policy Review and Development Committee.


10.1.4 Review of Council Policy – Infringement Withdrawal




Appendix: Appendix RAC-3: Revised Council Policy – Council Policy Infringement Withdrawal

Summary The purpose of this report is for Council to consider a recommendation from the Policy Review and Development Committee who have reviewed Council’s current policy relating to infringement withdrawal. Advisory Committee Recommendation That Council adopt the revised Council Policy Infringement Withdrawal as attached at Appendix RAC-3. Strategic Relevance Key Priority Area 5 Corporate Objective 5.2 Maintain a high standard of corporate governance and improve access to

information Background As part of the decision-making for item 15.1.2 Withdrawal of Parking Infringements at the Ordinary Council meeting held on 6 August 2013, Council resolved (Decision 253/13) as follows: That Council will develop a policy whereby any request to withdraw or otherwise alter an infringement notice issued to a City of Bunbury staff member or Elected Members by the City of Bunbury will be referred to the Council. Although Decision 253/13 referred to Council considering any request to withdraw or otherwise alter an infringement notice issued to a City of Bunbury staff member or Elected Member, it is evident that the Local Government Act 1995 (the Act) does not make provision for the Council itself to authorise the withdrawal of infringements under a local law. Section 9.10 of the Act enables a local government to appoint authorised persons to perform particular functions. The City’s local laws define an authorised person as a person authorised by the local government under section 9.10 of the Act to perform any of the functions of an authorised person under the local law. As a compromise to ensure transparency of process for infringement withdrawals, the Policy Review and Development Committee developed Council Policy “Infringement Withdrawal” at its meeting held on 19 June 2014, which was subsequently adopted by Council on 8 July 2014 (Decision 233/14).


The current Council Policy “Infringement Withdrawal” requires that Council be informed of any decisions made to withdraw or uphold an infringement issued under any of the City’s local laws, where the application for withdrawal was made by an Elected Member or City Officer. Council Policy Compliance This report facilitates a review of an existing Council Policy. Legislative Compliance Division 2 of Part 9 of the Local Government Act 1995 deals with Enforcement and Legal Proceedings. Officer Comments The Policy Review and Development Committee have reviewed this policy, and suggest that as well as some minor referencing amendments, the policy be amended to require Officers to inform Council only in the event that an infringement is actually withdrawn (attached at Appendix RAC-3). This differs from the status quo whereby Council is informed of all applications for the withdrawal of an infringement when it is from an Elected Member or Officer, regardless of the outcome of the determination. Analysis of Financial and Budget Implications There are no financial or budgetary implications arising from the recommendations of this report. Community Consultation Not applicable. Councillor/Officer Consultation This report is commended to Council by the Policy Review and Development Committee.


10.1.5 Review of Council Policy – Grant Funding Program



Executive: John Kowal, Acting Director Corporate and Community Services

Attachments: Appendix RAC-4: Council Policy – Grant Funding Program Appendix RAC-5: Corporate Guideline Grant Funding Program

Summary The purpose of this report is for Council to consider a recommendation from the Policy Review and Development Committee who have reviewed Council’s current policy relating to grant funding. Advisory Committee Recommendation That Council note the review of current Council Policy Grant Funding Program as attached at Appendix RAC-4, with no changes recommended. Strategic Relevance Key Priority Area 5 Corporate Objective 5.2 Maintain a high standard of corporate governance and improve access to

information Background At the Ordinary Council Meeting held 31 March 2015, Council endorsed a revised framework for the City’s community and event funding programs (refer Decision 106/15). The second part of the above decision authorised changes to the existing Council Policy Grant Funding Program and associated Corporate Guideline, to reflect the new framework. Council’s current policy and guideline in this regard is therefore consistent with this framework. Council Policy Compliance This report facilitates a review of an existing Council Policy. Legislative Compliance Not applicable. Officer Comments The Policy Review and Development Committee discussed this item at length, particularly in the context of Council’s decision on 19 April 2016 to reallocate Elected Member Discretionary Fund monies into the community grants and events pools, from 2016/17. Discussion centred around whether it was prudent to amend the current Grant Funding Policy as presented to include small minor grants (in lieu of discretionary funds being no longer), or whether a new policy in that regard would be more appropriate.


It was determined that the latter was preferable, with the Committee requesting the Chief Executive Officer to develop a “Small Grants Policy” for the consideration of the Policy Review and Development Committee at its next meeting. In terms of the review of the current Grant Funding Policy, it was agreed that the policy is appropriate in its current form. Analysis of Financial and Budget Implications There are no financial or budgetary implications arising from the recommendations of this report. Community Consultation Not applicable. Councillor/Officer Consultation This report is commended to Council by the Policy Review and Development Committee.


10.1.6 Review of Council Policy – Sponsor Advertising - Sporting Grounds



Executive: Stephanie Addison-Brown, A/Director Planning and Development Services

Attachments: Appendix RAC-6: Council Policy – Sponsor Advertising Sporting Grounds

Summary The purpose of this report is for Council to consider a recommendation from the Policy Review and Development Committee who have reviewed Council’s current policy relating to sponsor advertising on sporting grounds. Advisory Committee Recommendation That Council revoke existing Council Policy Sponsor Advertising – Sporting Grounds, as attached at Appendix RAC-6. Strategic Relevance Key Priority Area 5 Corporate Objective 5.2 Maintain a high standard of corporate governance and improve access to

information Background At the Ordinary Council Meeting held 9 February 2016, Council adopted the City of Bunbury Local Law Policy Relating to Signage and Advertising Devices on Public Land. The City also currently has a Council Policy relating to sponsor advertising on sporting grounds (attached at Appendix RAC-6). This report relates to the review of the Council Policy, not the Local Law Policy. Council Policy Compliance This report recommends the revocation of a current Council Policy. Legislative Compliance City of Bunbury Local Law Policy Relating to Signage and Advertising Devices on Public Land is made in accordance with the City of Bunbury Local Law Relating to Advertising Devices. Officer Comments The Policy Review and Development Committee have reviewed the existing Council Policy in this regard, and contend that it merely duplicates aspects of the Local Law Policy, which deals with Sponsorship Advertising at clause 5.12. Accordingly it is recommended that the policy be revoked.


Analysis of Financial and Budget Implications There are no financial or budgetary implications arising from the recommendations of this report. Community Consultation The City of Bunbury Local Law Policy Relating to Signage and Advertising Devices on Public Land (appendix 6B) was advertised for public comment from 11 November 2015 to 1 December 2015, in accordance with the Local Government Act 1995. Public consultation measures included the following: * letters sent to all registered clubs and not-for-profit organisations presently leasing land

from the City of Bunbury; * public notices of proposals published over the period in a locally circulated newspaper; * public notice of the proposal posted on the City of Bunbury’s website; and * copies of the draft Local Law Policy made available at the City of Bunbury’s customer

service centre. Only one (1) submission was received during the public advertising period, primarily objecting to the draft Local Law Policy on the grounds that not-for-profit organisations should be exempted from the need for regulation and the payment of user based fees. Councillor/Officer Consultation This report is commended to Council by the Policy Review and Development Committee.


10.1.7 Review of Council Policy – Elected Member Requests




Appendix: Appendix RAC-7: Revised Council Policy – Elected Member Requests

Summary The purpose of this report is for Council to consider a recommendation from the Policy Review and Development Committee who have reviewed Council’s current policy relating to Elected Member requests. Advisory Committee Recommendation That Council adopt the revised Council Policy Elected Member Requests as attached at Appendix RAC-7. Strategic Relevance Key Priority Area 5 Corporate Objective 5.2 Maintain a high standard of corporate governance and improve access to

information Background This policy was recently reviewed by Council on recommendation of the Policy Review and Development Committee (9 February 2016). During debate on the matter, there was discussion around how requests could be dealt with in the event that an Elected Member wished to keep the enquiry confidential. The Chief Executive Officer committed to undertaking a subsequent review of the policy in due course to address this concern. A revised policy was considered by the Policy Review and Development Committee at its meeting held on 21 April 2016. Council Policy Compliance This report facilitates a review of an existing Council Policy. Legislative Compliance Not applicable. Officer Comments The Policy Review and Development Committee have reviewed this policy, and propose a number of changes to address concerns raised previously, as well as many semantic and grammatical amendments.


A copy of the revised policy is attached at Appendix RAC-7. Analysis of Financial and Budget Implications There are no financial or budgetary implications arising from the recommendations of this report. Community Consultation Not applicable. Councillor/Officer Consultation This report is commended to Council by the Policy Review and Development Committee.


10.1.8 Review of Council Policy – Land Rationalisation and Acquisitions


Responsible Officer: Andrew Brien, Chief Executive Officer


Appendix: Appendix RAC-8: Revised Council Policy – Land Rationalisation and Acquisitions

Summary The purpose of this report is for Council to consider a recommendation from the Policy Review and Development Committee who have reviewed Council’s current policy relating to land rationalisation and acquisitions. Advisory Committee Recommendation That Council adopt the revised Council Policy Land Rationalisation and Acquisitions as attached at Appendix RAC-8. Strategic Relevance Key Priority Area 5 Corporate Objective 5.2 Maintain a high standard of corporate governance and improve access to

information Background The Council Policy Land Rationalisation and Acquisitions was original adopted by Council on 31 January 2012 (Council Decision 19/12), and was last reviewed by the Policy Review and Development Committee on 21 April 2016. The purpose of the Policy is to provide clear direction of the City’s intent to identify suitable land for acquisition or rationalisation. Council Policy Compliance This report proposes a revision of an existing Council Policy. Legislative Compliance Any acquisitions or disposals of land will be in accordance with the Local Government Act 1995 and Land Administration Act 1997. Officer Comments The Policy Review and Development Committee have reviewed the current policy and recommend some minor amendments to the Policy Owner and Authority, as well as the removal of point (2) of the Policy as this is covered under relevant legislation.


Analysis of Financial and Budget Implications There are no financial or budgetary implications impacting from the recommendations of this report. Councillor/Officer Consultation This report is commended to Council by the Policy Review and Development Committee.


10.1.9 Review of Council Policy – Town Planning Appeal Applications for Review


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

Executive: Stephanie Addison-Brown, A/Director Planning and Development Services

Appendix: Appendix RAC-9: Revised Council Policy – Town Planning Appeal Applications for Review

Summary The purpose of this report is for Council to consider a recommendation from the Policy Review and Development Committee who have reviewed Council’s current policy relating to Town Planning Appeal Applications for Review. Advisory Committee Recommendation That Council adopt the revised Council Policy Town Planning Appeal Applications for Review as attached at Appendix RAC-9. Strategic Relevance Key Priority Area 5 Corporate Objective 5.2 Maintain a high standard of corporate governance and improve access to

information Background The Council Policy Town Planning Appeal Applications for Review was original adopted by Council on 2 September 2014 and has not had a subsequent review until now. The purpose of the Policy is to provide Elected Members with information and details on their representation on Council’s decision at the State Administrative Tribunal, when that decision is contrary to the recommendation of the City’s administration. Council Policy Compliance This report proposes a revision of an existing Council Policy. Legislative Compliance - State Administrative Tribunal Act 2004 - State Administrative Tribunal (Conferral of Jurisdiction) Amendment - Repeal Act 2004 (Conferral Act) - Planning and Development Act 2005 - City of Bunbury Town Planning Scheme (as amended)


Officer Comments The Policy Review and Development Committee have reviewed the current policy and recommend some minor amendments to remove reference to Planning approvals and applications, to make these development approvals and applications. Analysis of Financial and Budget Implications There are no financial or budgetary implications impacting from the recommendations of this report. Councillor/Officer Consultation This report is commended to Council by the Policy Review and Development Committee.


10.1.10 Review of Council Policy – Access and Inclusion


Responsible Officer: Sharon Chapman, Manager Community & Library Services

Executive: John Kowal, Acting Director Corporate and Community Services

Appendix: Appendix RAC-10: Council Policy – Access and Inclusion Policy

Summary The purpose of this report is for Council to consider a recommendation from the Policy Review and Development Committee who have reviewed Council’s current policy relating to access and inclusion. Advisory Committee Recommendation That Council: 1. Note the review of current Council Policy Access and Inclusion as attached at Appendix

RAC-10, with no changes recommended. 2. Advise the Access Committee of the outcome of this review. Strategic Relevance Key Priority Area 5 Corporate Objective 5.2 Maintain a high standard of corporate governance and improve access to

information Background The Council Policy Access and Inclusion was original adopted by Council on 11 November 2014 and has not had a subsequent review until now. The purpose of the Policy is to provide facilities, services and information that is accessible and inclusive for community members of all abilities and to make all Elected Members, staff, volunteers, and contractors aware of legislative and regulatory requirements. Council Policy Compliance This report facilitates a review of an existing Council Policy. Legislative Compliance - Local Government Act 1995 - Disability Services Act 1993 - Disability Services Regulations 2004 - Disability Discrimination Act 1992 - Equal Opportunity Act 1984 - City of Bunbury Disability Access and Inclusion Plan 2012 – 2017 - Planning and Development Act and associated Regulations


- Building Code of Australia Officer Comments The Policy Review and Development Committee have reviewed this policy, and consider that the policy is still appropriate in its current form as attached at Appendix RAC-10. Officers will be preparing a progress report and will review the overall DAIP in the coming months. This Policy will once again be reviewed in line with this process. Analysis of Financial and Budget Implications There are no financial or budgetary implications arising from the recommendations of this report. Councillor/Officer Consultation This report is commended to Council by the Policy Review and Development Committee.


10.2 Chief Executive Officer Reports 10.2.1 Draft Integrated Financial Plan 2016/17 to 2030/31

Applicant/Proponent: Internal

Responsible Officer: David Ransom, Manager Finance


Attachments: Appendix CEO-1: Draft Integrated Financial Plan 2016/17 to 2030/31 (Parts A, B and C)

Summary The draft 15 year Integrated Financial Plan (IFP) has been developed by Councillors and staff for the financial years 2016/17 to 2030/31. The IFP provides the Bunbury community a plan to deliver the vision, goals and objectives of the Strategic Community Plan. It also demonstrates Council’s financial capacity to deliver services, provide facilities and manage assets that will sustain the Bunbury community in the future. The draft IFP incorporates the requirements of the ‘Integrated Planning and reporting Framework’ for local governments to have a Corporate Business Plan for the next four years and also a Long Term Financial Plan which covers the next fifteen years. Following a number of councillor workshops and council meetings on the draft IFP, the IFP is now presented to Council for adoption, as attached at CEO-1. Executive Recommendation That Council 1. Adopt the draft Integrated Financial Plan 2016/17 to 2030/31 as presented, and note that

this meets the requirements of Regulation 19DA of the Local Government (Administration) Regulations for a Corporate Business Plan.

2. Agree that the 2016/17 financial year of the Integrated Financial Plan will be used as the

basis to develop the 2016/17 Annual Budget.

* Absolute Majority Vote Required Strategic Relevance Key Priority Area 5 Corporate Objective 5.3 Ensure financial sustainability Background A draft Integrated Financial Plan 2016/17 to 2030/31 was presented to Councillor Workshops on 1 and 29 March 2016. From these workshops, Councillor changes to the IFP were presented to the Council Meeting on 19 April 2016 with Council resolving the following:


Council Decision 127/16

That the CEO be requested to bring back the final draft of the Integrated Financial Plan subject to the recommendations contained in Executive Recommendations 1 to 9 and 12 to 21 in this report.

At the Ordinary Council Meeting held 19 April 2016, Councillors deferred decision-making on two (2) of the items presented pending the receipt of further information. At the Ordinary Council Meeting held 3 May 2016 Council decided : Council Decision 145/16 “That Council amend the asset management plans to include expansion of the path network by one kilometre per annum.” Council Decision 146/16 “That Council not support funding of the Big Swamp Weed Eradication of $50,000 in 2016/17 unless 100% grant funded.” A copy of the draft Integrated Financial Plan 2016/17 to 2030/31 (Parts A, B and C) is attached at Appendix CEO-1. Council Policy Compliance Not applicable Legislative Compliance Regulation 19DA of the Local Government (Administration) Regulations outlines the requirements for a Corporate Business Plan. Officer Comments The draft IFP has been updated since the budget workshops to include changes applicable from the February 2016 Budget Review, Council decisions and updated information, for example PR-1103 Widen formation and reconstruction embankment Koombana Drive. Analysis of Financial and Budget Implications The financial implications of the activities and projects contained in the draft IFP are contained with the document itself. The forecasts contained in the draft IFP for 2016/17 will be used as the basis for producing the draft annual budget for 2016/17. Community Consultation Not applicable


Councillor/Officer Consultation The draft IFP has been developed in consultation with all City Departments. Councillors were also involved in the development of the document through participation at budget workshops on 1 and 29 March 2016 and at Council Meetings on 19 April 2016 and 3 May 2016.


10.2.2 Reporting of Council Policy – Infringement Withdrawal

Applicant/Proponent: Internal

Author: Andrew Brien, Chief Executive Officer


Attachments: Nil

Summary At the Council Meeting held 8 July 2014, Council adopted a new Council Policy relating to infringement withdrawal. The Policy requires that Council be informed of any request to withdraw an infringement under any of the City’s local laws, where that request is made by an Elected Member of Officer of the Council. The purpose of this report is to inform Council of two such requests received during April 2016. Executive Recommendation That in accordance with the Council Policy “Infringement Withdrawal, Council note that two requests were received from Council Officers for the withdrawal of an infringement during the month of April 2016, with the outcomes of each of the requests determined as follows: 1. The two (2) infringements issued 31 March 2016 and 3 April 2016 relating to parking on a

reserve would stand. 2. The infringement issued 27 April 2016 for “no ticket displayed” was withdrawn. Background As part of the decision-making for item 15.1.2 Withdrawal of Parking Infringements at the Ordinary Council meeting held on 6 August 2013, Council resolved (Decision 253/13) as follows: That Council will develop a policy whereby any request to withdraw or otherwise alter an infringement notice issued to a City of Bunbury staff member or Elected Members by the City of Bunbury will be referred to the Council. The Policy Review and Development Committee considered this draft policy at its meeting held on 19 June 2014, which was subsequently adopted by Council at the meeting of 8 July 2014. Council Policy Compliance This report is in accordance with the Council Policy. Legislative Compliance Division 2 of Part 9 of the Local Government Act 1995 deals with Enforcement and Legal Proceedings. Section 9.10 of the Act enables a local government to appoint authorised persons to perform particular functions. The City’s local laws define an authorised person as a person authorised by the


local government under section 9.10 of the Act to perform any of the functions of an authorised person under the local law.

Officer Comments Council’s Policy requires that Council be informed of any decisions made to withdraw an infringement issued under any of the City’s local laws, where the application for withdrawal was made by an Elected Member or City Officer. For the month of April 2016, two requests were received from staff members for infringement withdrawal as follows: 1. The first request relates to two infringements that were issued on 31 March and 3 April for

parking and driving on a reserve.

It was determined that the two infringements issued to this individual would stand, due to the fact that the individual had had to drive around a set of bollards which identify that parking is prohibited, and the driver was required to drive over a footpath to park in the particular area.

The outcome of the investigation is that the infringements would stand, as they were not issued in error and it is the driver’s responsibility to ensure that they comply with parking restrictions.

2. In relation to the second request, an infringement was issued on 27 April 2016 for “No

Ticket Displayed”. Upon investigations with PayStay, it was found that there was an error with the system and the staff member indeed paid for parking on that day. As a result, the infringement was withdrawn due to an error.

Analysis of Financial and Budget Implications There are no financial or budgetary implications arising from this report. Community Consultation There is no community consultation impacting on this report. Councillor/Officer Consultation This report emanates from compliance with Council’s policy on the matter.


10.3 Director Corporate and Community Services

Nil.


10.4 Director Planning, Development and Regulatory Services Reports 10.4.1 Application for Development Approval for Proposed Gatehouse and Boundary Fence at Lot 3 No.

293 Blair Street, South Bunbury

File Ref: DA/2016/52/1

Applicant/Proponent: Robert Charles Nicholson

Responsible Officer: Matthew Wansborough, Acting Senior Planning Officer

Executive: Stephanie Addison-Brown, Acting Director Planning, Development and Regulatory Services

Attachments: Appendix DPDRS-1: Proposed Development Plans Lot 3 Blair Street Appendix DPDRS-2: Location Plan Lot 3 Blair Street South Bunbury Appendix DPDRS-3: Photographs Lot 3 Blair Street South Bunbury Appendix DPDRS-4: Applicant’s Supporting Information Lot 3 Blair Street Appendix DPDRS-5: Extract Explanatory Guidelines R-Codes Appendix DPDRS-6: Modified Development Plan Lot 3 Blair Street Appendix DPDRS-7: State Planning Policy 5.4 Appendix DPDRS-8: Schedule of Submissions

Summary This application for development approval relates to the construction of a proposed gatehouse and boundary wall at Lot 3 (No. 293) Blair Street, South Bunbury. The proposed development plan is attached at Appendix DPDRS-8. The proposal consists of a 1.8m high brick wall with supporting limestone block piers along the whole of the lot frontage and along the north east boundary. A 3.4m wide sliding gate for vehicle access is provided on the south west end of the front boundary and an approximately 3m high gatehouse is proposed half way along the front boundary to provide separate pedestrian access. The proposal is considered to be in conflict with the guidance and principles of the Residential Design Codes (R-Codes) and therefore, for the reasons set out below, the application as submitted is recommended to be refused. However, to facilitate a more desirable streetscape outcome an alternative recommendation for development approval subject to modifications is provided for Council’s consideration. Executive Recommendation That Council: 1. Refuse the application for development approval for a front fence and boundary fence at

Lot 3 (No. 293) Blair Street, South Bunbury, in accordance with the City of Bunbury Town Planning Scheme No. 7 (TPS7), for the following reasons: 1.1 The proposed gatehouse structure is not deemed to comply with the requirements or

the design principles of Part 5.1.2 of the R-Codes in that it is not setback by an appropriate distance and would not positively contribute to the prevailing development context and streetscape.

1.2 The proposed boundary wall is not deemed to comply with the requirements or the design principles of Part 5.2.4 of the R-Codes in that it will limit opportunity for passive surveillance of the street and is not in keeping with existing streetscape character.


2. Advise the applicant, landowner and submitters of Council’s decision. Alternate Recommendation That Council: 1. In accordance with the Planning and Development Act 2005 (as amended), hereby resolves

to grant development approval (application reference: DA/2016/52/1) for the proposed gatehouse and boundary fence at Lot 3 (No. 293) Blair Street, South Bunbury, subject to the following conditions: 1.1 All development shall be in accordance with the approved development plans

(attached), including amendments in red, which form part of this planning approval.

1.2 The front fence must contain two (2) panels which are visually permeable 1.2 metres above natural ground level as shown in red on the approved development plans to ensure that surveillance is provided in accordance with the Residential Design Codes and to the satisfaction of the City of Bunbury.

1.3 The front fence, including any associated structures, shall not exceed a maximum height of 1.8 metres above natural ground level. The proposed portico roof does not form part of this approval.

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

1.5 The fencing, including footings, shall be constructed wholly within the lot boundaries.

Advice Notes: 1. It is the owner’s responsibility to ensure all required approvals are obtained for the

project prior to works commencing on site (including any specified conditions attached to the planning approval). Separate approvals that are required to be issued prior to works commencing could include – a Building Permit (Building Act 2011/Building Regulations 2012), Health Approval (Health Act 1911, Food Act 2008, Local Laws etc. for – On-site waste disposal, Food premises, Hairdressing premises, Skin penetration premises and Public Buildings), Water Corporation Approval, New Cross Over Permits (Council’s Engineering Department), Landscaping Approval (for any works on verge) etc. Failure to obtain any required approvals prior to works commencing can result in separate statutory fines under the relevant legislation e.g. Building without a Building Permit – Building Act 2011 s9 Part 2 – first offence $50,000. Further information can be obtained from the City of Bunbury website www.bunbury.wa.gov.au – Building Services or Building Certification Department on (08) 9792 7120.

2. The Plans and Specifications must be submitted to the Water Corporation for approval. www.watercorporation.com.au Bunbury Office: Level 3, 61 Victoria Street Phone: (08) 9791 0400

3. All documentation submitted with the building permit application shall be in accordance with the Building Regulations 2012 and the Building Code of Australia –

http://www.bunbury.wa.gov.au/

http://www.watercorporation.com.au/


Volume 2, including in particular, detailed plans and specifications for the site works (including finished ground floor levels), storm water and roof run-off disposal, existing easements, cross-over and parking areas (including paving type), to the satisfaction of Council.

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

2. Advise the applicant, landowner and submitter of Council’s decision. Strategic Relevance Key Priority Area No.3 Natural and Built Environment Objective No.3.4 Facilitate urban design, diversity of land uses, and enabling

infrastructure Background The subject site is located on Blair Street in South Bunbury and is 815m² in area. The subject site and surrounding land is included in the ‘Residential Zone’ with a residential density coding of ‘R20/30’. The site contains a single timber-framed residential dwelling setback approximately 10 metres from its frontage to Blair Street. The applicant advises that the lot is currently in the process of a battle-axe subdivision. The site sits in a prominent location at the junction of where Steere Crescent meets Blair Street, immediately to the south of a wooded reserve and the junction of Blair Street and Mangles Street. The site is open to the two-lane carriageway of Blair Street with a verge footpath in between. In this locality, the local distributor road of Blair Street bisects a largely residential neighbourhood with mostly single houses and suburban type development. A number of properties have low walls/fences or vegetation to provide boundary demarcation and some limited screening for privacy purposes. A location plan and photographs of the property showing the subject site and its surrounds are attached at Appendices DPDRS-2 and DPDRS-3. The proposal consists of a 1.8m high solid brick wall with supporting limestone block piers along the whole of the lot frontage and along the north east boundary with #37 Steere Crescent to a distance of 14m from the front. A 3.4m wide sliding timber gate for vehicle access is provided at the south west end of the front boundary and an approximate 2m high gatehouse is proposed half way along the front boundary to provide separate pedestrian access. The applicant has indicated that the two gates will be designed to provide 50% visual permeability. The applicant argues that the wall would provide greater protection for the owner against concealment and entrapment and would help shield noise from traffic accelerating and decelerating along Blair Street as well as vibrations from trucks, etc. The applicant contends that the wall has been designed to be aesthetically pleasing and notes that other high solid walls exist in the area, for example those further north on Blair Street associated with the residential subdivision of the ‘old hospital’ site. Supporting information provided by the applicant is attached at Appendix DPDRS-4.


Legislative and Council Policy Compliance The following statutory planning instruments of the State Planning Framework and Local Planning Framework are applicable to the assessment of this application for development approval: - Planning and Development Act 2005; - Planning and Development (Local Planning Schemes) Regulations 2015; - State Planning Policy 3.1 – Residential Design Codes; - State Planning Policy 5.4 - Road and Rail Transport Noise and Freight Considerations in Land

Use Planning; - City of Bunbury Town Planning Scheme No. 7 (TPS7). Officer Comments Buildings in the Street Setback area The proposed gatehouse structure (comprising of a roof over a framed space with two doors) meets the definition of a building in the R-Codes as separate from the boundary wall. As such, under Part 5.1.2 of the R-Codes, a building must be set back from the primary street boundary as follows: - By 4m from Primary Street within a Residential Zone R30 in accordance with Table 1; - corresponding to the average of the setback of existing dwellings on each adjacent

property fronting the same street; - reduced by up to 50 per cent provided that the area of any building, including a carport or

garage, intruding into the setback area is compensated for by at least an equal area of open space between the setback line and line drawn parallel to it at twice the setback distance (refer Figure 2a, 2b and 2c);

The proposed gatehouse is setback zero (0) m from the primary street frontage and is therefore not consistent with the requirement of 4m. In addition, this zero setback does not correspond with the average setback of adjoining properties (which is calculated as being 9.5m) and is too close to the primary street to allow for compensatory open space to be applied. Therefore, the proposal is not ‘deemed-to-comply’ with Part 5.1.2 C2.1 (i.ii.iii) of the R-Codes. Consequently, assessment of the proposal must be made against the ‘design principles’ of the R-Codes. A summary assessment of the proposal against the relevant Design Principles is as follows:

R-Codes Reference

Design Principle Proposed

P2.1 Buildings set back from street boundaries an appropriate distance to ensure they:

* contribute to, and are consistent with, an established streetscape;

* The proposed gatehouse structure would be unique to this section of Blair Street, which is generally characterised by a mix of suburban houses, some of which have low to medium height fences and boundary walls. As there are no comparable structures within the street setback zone, it is considered that the proposed gatehouse structure would not be


R-Codes Reference


consistent with the established streetscape character.

* provide adequate privacy and open space for dwellings;

* Not applicable, as the proposed gatehouse does not relate to or affect the privacy or available open space for the dwelling.

* accommodate site planning requirements such as parking, landscape and utilities; and

* Not applicable, as the proposed gatehouse does not relate to or affect parking, landscaping or utilities.

* allow safety clearances for easements for essential service corridors.

* Not applicable, as the proposed gatehouse does not relate to or affect safety clearance for easements for essential service corridors.

P2.2 Buildings mass and form that:

* uses design features to affect the size and scale of the building;

* The proposed gate house is a freestanding structure located well forward of the existing house, and therefore does not relate to the dwelling that is setback approximately 10 metres from the street.

* uses appropriate minor projections that do not detract from the character of the streetscape;

* The proposed gatehouse is not considered to be consistent with the character of the streetscape.

* minimises the proportion of the façade at ground level taken up by building services, vehicle entries and parking supply, blank walls, servicing infrastructure access and meters and the like; and

* The proposed gatehouse is independent of the dwelling, and therefore does not relate to the primary building or affect ancillary development within the setback area.

* positively contributes to the prevailing development context and streetscape.

* The proposed gatehouse is not consistent with the prevailing development context and streetscape as it would be a unique feature not replicated elsewhere in the vicinity.

Whilst it is recognised that the proposed gatehouse on its own is relatively modest in scale, it would represent a new and significant addition to the streetscape with no other comparable structures along this stretch of Blair Street. Therefore, on balance, it is considered that the proposal does not demonstrate compliance with the R-Codes ‘design principles’ Part 5.1.2 P2.1/P2.2. Street Walls and Fences Under Part 5.2.4 of the R-Codes, front fences within the primary street setback area that are visually permeable above 1.2m of natural ground level are deemed to comply with this part of the R-Codes. The proposed boundary wall sits within the primary street setback and is constructed of solid masonry up to a height of 1.8m above natural ground level.


Although the timber vehicle and pedestrian gates are proposed to be 50% visually permeable, the rest of the proposed wall does not provide the required ability to ‘see through’ it above 1.2m from the ground, and for this reason it is not deemed-to-comply with Part 5.2.4 C4 of the R-Codes. Consequently, assessment of the proposal must be made against the ‘design principles’ of the R-Codes. A summary assessment of the proposal against the relevant ‘design principles’ is as follows:

R-Codes Reference


P4 Front fences are low or restricted in height to permit surveillance (as per clause 5.2.3) and enhance streetscape (as per clause 5.1.2), with appropriate consideration to the need:

* for attenuation of traffic impacts where the street is designated as a primary or district distributor or integrator arterial; and

* Blair Street is reserved as an ‘Other Regional Road’ under the Greater Bunbury Region Scheme and it is recognised that there will be some traffic impacts upon the property which the wall is seeking to attenuate. However, the proponent has not provided objective evidence that traffic noise impact on the property is significantly above acceptable levels or that the proposed wall is of a height and construction that would attenuate any traffic noise. It is considered that given that there are no similar boundary treatments along this stretch of Blair Street, the impact of the proposal is significant enough not to be outweighed by the need to provide noise screening for the property. A blank solid wall alongside the footpath would undermine public safety of pedestrians along Blair Street;

* for necessary privacy or noise screening for outdoor living areas where the street is designated as a primary or district distributor or integrator arterial.

* Unlike the examples of other similar walls in the locality provided by the applicant (such as the properties at Blair Street/Gorman Loop) which are appropriate screens for side and rear yards/outdoor living areas and are not in the primary street setback area, the proposed development is seeking to screen the front of the dwelling, which will provide space for car parking and does not include the outdoor living area.

Whilst it is recognised that the proposed wall would bring some benefits to the resident of the property in terms of reducing traffic noise impacts, it has not been demonstrated that the proposed wall of this height and design would be necessary or effective in achieving these aims. Therefore, on balance, it is considered that the proposal does not demonstrate compliance with the R-Codes ‘design principle’ in Part 5.2.4 P4. The Explanatory Guidelines of the R-Codes also specifies that in exceptional circumstances a solid wall of up to 1.8m high may be acceptable for a minimal proportion of the frontage provided that


the remainder of the frontage provides for views to the street (refer to page 37 of the Explanatory Guidelines attached at Appendix DPDRS-5). In light of the above and given the established streetscape character, an alternative recommendation is provided for Council’s consideration for the granting of the development approval for a modified plan attached at Appendix DPDRS-6. As such, the application could be considered to conform with the R-Codes ‘design principle’ if at least two (2) fence panels were made visually permeable 1.2m above natural ground level, and the proposed gatehouse (portico) roof was removed from the plan. The proposal is considered to be consistent with all other relevant elements of the R-Codes and the City of Bunbury Town Planning Scheme No.7. Road Transport Noise State Planning Policy 5.4: Road and Rail Transport Noise and Freight Considerations in Land Use Planning (SPP 5.4) applies when there is a proposed new noise-sensitive development in the vicinity of designated transport corridors, including primary freight routes. Blair Street is not identified in the policy as such. Furthermore, the policy does not apply retrospectively to noise from existing major roads in the vicinity of an existing noise-sensitive land use. SPP 5.4 is attached at Appendix DPDRS-7. However, the policy also outlines that a range of noise mitigation measures are available including building construction techniques, such as upgraded glazing and ceiling insulation. As outlined above, the proponent has not provided evidence that the proposed wall would satisfactorily mitigate traffic noise. Conclusion Officers have met with the applicant and suggested amendments to the proposal in order to bring it into line with the R-Codes. In response, the applicant did amend the design of the vehicle and pedestrian access gates to allow for 50% visual permeability but was unwilling to make further alterations to the solid masonry wall. The alternative recommendation has been discussed with the applicant but was not supported by the applicant. In summary, as set out above the proposal does not comply with the R-Codes in relation to the proposed boundary wall and gatehouse within the primary street setback area. Therefore, it is recommended that the application for development approval as submitted be refused, and instead it is recommended that the alternative recommendation be considered for the granting of development approval for the modified plan in order to facilitate a desirable streetscape outcome. Analysis of Financial and Budget Implications This application for development approval relates to private property, and therefore, the effect of the recommendation has no direct budgetary or financial implications for the City of Bunbury. If the applicant is aggrieved by Council’s decision they may apply for a review of the decision through SAT. If the decision is forwarded to SAT for appeal, the City of Bunbury may incur legal costs.


Community Consultation The application for development approval was subject to consultation from 22 March 2016 to 8 April 2016. Public consultation measures included the following: - letter sent to surrounding landowners/occupiers; - copies of plans and supporting information made available at the City of Bunbury’s

customer service centre. In total, one (1) submission was received, objecting to the proposal. The submitter was concerned that any future development at #295 Blair Street (which is owned by the submitter) could damage the proposed boundary wall at #293 Blair Street (the subject site). Refer to the Schedule of Submissions attached at Appendix DPDRS-8. Councillor/Officer Consultation The application for development approval has been referred to the City of Bunbury’s Development Coordination Unit (DCU) for professional advice and technical assessment prior to the finalisation of this report. Delegation of Authority This application for development approval has been referred to Council for its determination, as a submission objecting to the proposal was received as part of the consultation process and the recommendation is to refuse the application. Therefore, the application for development approval cannot be determined under delegation.


10.4.2 Proposed Ancillary Dwelling at Lot 34 (#32) Tilley Crescent, East Bunbury

File Ref: P14538, DA/2016/97/1

Applicant/Proponent: Simon Hancock

Responsible Officer: Martin Hughes, Planning Officer

Executive: Stephanie Addison-Brown, Acting Director Planning, Development and Regulatory Services

Attachments: Appendix 9: Location Plan Lot 34 Tilley Crescent Appendix 10: Site, Floor & Elevation Plans Lot 34 Tilley Crescent Appendix 11:- Schedule of Submissions

Summary An application for development approval was lodged by Simon Hancock seeking to develop an ancillary dwelling at Lot 34 (#32) Tilley Crescent, East Bunbury. The proposal has been assessed against the City of Bunbury Town Planning Scheme No.7 (TPS7) and State Planning Policy 3.1: Residential Design Codes (R-Codes). It is considered that the proposed ancillary dwelling satisfies the ‘deemed-to-comply’ requirements of the R-Codes, and hence, it is recommended that development approval be granted for the development of the proposed ancillary dwelling. Executive Recommendation That Council: 1. In accordance with the Planning & Development Act 2005 (as amended), hereby resolves to

grant development approval for an Ancillary Dwelling at Lot 34 (#32) Tilley Crescent, East Bunbury (application reference: DA/2016/97/1), subject to the following conditions: 1. At all times, the development subject of this development approval must comply

with the definition of Ancillary Dwelling as contained in State Planning Policy 3.1 Residential Design Codes.

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

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

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

5. Before the development is commenced, detailed design plans shall be prepared in accordance with relevant Australian Standards, Ausroad Guidelines, and City of Bunbury requirements, for all access, carparking and pedestrian movement requirements, to the satisfaction of the City of Bunbury. Once plans are approved construction is to be in accordance with the approved development plans and be completed before the development is occupied.

6. Before the development is occupied, the access way(s), car parking and turning area(s) shall be constructed in accordance with the development approval to the satisfaction of the City of Bunbury.


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

8. A minimum of 1m3 of storm water storage for each 65m2 of impervious area must be provided on site in accordance with the city of Bunbury’s Information Guide – Stormwater Disposal from Private, Commercial and Industrial Properties. Detailed design plans of the proposed stormwater management must be submitted for approval prior to the development commencing, and be implemented in accordance with the approved plan prior to the development being occupied.

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

Advice Notes: 1. The City of Bunbury advises that where a development approval letter contains

conditions which are required to be discharged before development commences, to commence development before those conditions are discharged means that the development is not pursuant to the development permission and is therefore unauthorised development.

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

3. This is a development approval and it is not a building permit. The development, the subject of this approval, is also regulated by the Building Code of Australia and a separate building permit must be granted before the development commences. The owner is advised to liaise further with the City of Bunbury’s Development Assessment and Building Certification department on (08) 9792 7000.

4. There is a requirement to comply with the Aboriginal Heritage Act 1972 as amended, which protects all Aboriginal heritage sites in Western Australia whether they are known or otherwise. This development approval does not remove or affect any statutory responsibility or obligation the developer/landowner may have under the Aboriginal Heritage Act 1972. The developer/landowner is advised to contact the relevant State Government public authority(s) before commencing any site works to ensure that your statutory responsibilities or obligations are met. Damaging or altering an Aboriginal heritage site constitutes an offence under the Aboriginal Heritage Act 1972 as amended, and is punishable by law. Further information can be obtained from the Department of Indigenous Affairs on (08) 9964 5470 or (08) 9235 8000 or at www.dia.wa.gov.au.

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

6. It is the owner’s responsibility to ensure all required approvals are obtained for the project prior to works commencing on site (including any specified conditions attached to the Development Approval). Separate approvals that are required to be issued prior to works commencing could include – a Building Permit (Building Act 2011, Building Regulations 2012), Health Approval (Health Act 1911, Food Act 2008, Local Laws etc. for – On-site waste

http://www.dia.wa.gov.au/


disposal, Food premises, Hairdressing premises, Skin penetration premises and Public Buildings), Water Corporation Approval, New Cross Over Permits (Council’s Engineering Dept), Landscaping Approval (for any works on verge) etc. Failure to obtain any required approvals prior to works commencing can result in separate statutory fines under the relevant legislation e.g. Building without a Building Permit – Building Act s9 Part 2 – first offence $50,000. Further information can be obtained from the City of Bunbury website www.bunbury.wa.gov.au – Building Services or Building Certification Department (08) 9792 7120.

7. The Plans and Specifications must be submitted to the Water Corporation for approval. www.watercorporation.com.au Bunbury Office: Level 3, 61 Victoria Street Phone: (08) 9791 0400

8. All documentation submitted with the building permit application shall be in accordance with the Building Regulations 2012 and the Building Code of Australia – Volume 2, including in particular, detailed plans and specifications for the site works (including finished ground and floor levels), storm water and roof run-off disposal, existing easements, cross-over and parking areas (including pavement type), to the satisfaction of Council.

9. Energy efficiency details of the proposed project to comply with the Building Code of Australia – Volume 2, (Housing Provisions) Part 3.12 for Climate Zone 5.

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

11. Before development commences, the existing effluent disposal system(s) must be decommissioned in accordance with Division 3 of the Health (Treatment of Sewage and Disposal of Effluent and Liquid Waste) Regulations 1974.

12. The development the subject of this development approval must comply with the requirements of the Health Act 1911.

13. The development the subject of this development approval is required to comply with the City of Bunbury Health Local Laws 2001.

2. Advise the applicant, landowner and submitters of Council’s decision. Strategic Relevance Key Priority Area 3: Natural and Built Environment Objective 3.4: Facilitate urban design, diversity of land users, and enabling

infrastructure. Background The subject site is included in the ‘Residential Zone’ with a density of R20, and is located within a well-established neighbourhood area in the suburb of East Bunbury. The subject site has a total lot area of 949m2 and has an existing single dwelling and associated outbuilding. The proposed development application is to construct an ancillary dwelling on Lot 34 (#32) Tilley Crescent, East Bunbury. A location plan showing the subject site and its surrounds is attached at Appendix DPDRS-1.

http://www.bunbury.wa.gov.au/

http://www.watercorporation.com.au/


Legislative and Council Policy Compliance The following statutory planning instruments of the State Planning Framework and Local Planning Framework are applicable to the assessment of this application for development approval: - Planning and Development Act 2005; - Planning and Development (Local Planning Schemes) Regulations 2015; - State Planning Policy 3.1 Residential Design Codes (the ‘R-Codes’); - City of Bunbury Town Planning Scheme No.7 (TPS7). Officer Comments A Site Plan, Floor Plan and Elevation Plan showing the proposed ancillary dwelling is attached at Appendix DPDRS-2. Residential Design Codes The proposal has been assessed against the ‘deemed-to-comply’ requirements of clause 5.5.1 – Ancillary Dwellings of the R-Codes, as demonstrated in the table below. Deemed to Comply Requirements Assessment – R-Codes Clause 5.5.1 C1

Ancillary dwelling associated with a single house and on the same lot where: i) The lot is not less than 450m2 in area;

Lot 34 (#32) Tilley Crescent has a lot area of 949m2.

ii) There is a maximum plot ratio area of 70m2;

The proposed ancillary dwelling has a plot ratio area of 70m2.

III) Parking provided in accordance with clause 5.3.3 C3.1; and

The applicant has provided an additional car parking bay for the ancillary dwelling adjacent to the existing driveway, therefore the proposal satisfies clause 5.3.3 C3.1.

IV) Complies with all other R-Code provisions, only as they apply to single houses, with the exception of clauses:

(a) 5.1.1 Site area; (b) 5.23 Street surveillance; and (c) 5.3.1 Outdoor living areas.

The proposal complies with all other applicable R-Code provisions.

In summary, the proposal has been assessed against the Residential Design Codes clause 5.5.1 – Ancillary Dwellings and it is considered that it meets the ‘deemed-to-comply’ requirements of the R-Codes, and therefore can be supported. Analysis of Financial and Budget Implications This application for development approval relates to private property, and therefore, the effect of the recommendation has no direct budgetary or financial implications for the City of Bunbury.


Community Consultation In accordance with clause 5.3.4 within TPS7, the development application was advertised for public comment from 8 April 2016 to 27 April 2016. The City of Bunbury sent letters to the surrounding landowners and occupiers. In total, two (2) submissions were received, of which one (1) was an objection. A submission was received from the owners of Lot 20 (#90) Prestonwood Street objecting to the proposed development application. The main issues raised within the submission were in relation to dust and noise from the proposed development. The issue of dust and noise are subject to regulation under other legislation and is temporary in nature while the development is constructed. Refer to the Schedule of Submissions attached at Appendix DPDRS-3. Councillor/Officer Consultation The proposal has been referred to the City of Bunbury’s Development Coordination Unit (DCU) for professional advice and technical assessment prior to the finalisation of this report. Delegation of Authority This application for development approval has been referred to Council for its determination, as a submission objecting to the proposal was received during the public consultation process and therefore, cannot be determined under delegation.


10.5 Director Works and Services Reports

Nil


11. Applications for Leave of Absence

11.1. Applications for Leave of Absence – Cr Murray Cook

Applicant/Proponent: Cr Murray Cook



Attachments: Nil

Cr Cook requests leave of absence from all Council-related business for the period 19 June 2016 to 10 July 2016. Section 2.25 of the Local Government Act 1995, allows a council to grant leave of absence to one of its members provided that the period of leave does not exceed six (6) consecutive ordinary meetings of the Council. Executive Recommendation Pursuant to Section 2.25 of the Local Government Act 1995, Cr Cook is granted leave of absence from all Council-related business for the period 19 June 2016 to 10 July 2016.

11.2. Applications for Leave of Absence – Cr Jaysen Miguel

Applicant/Proponent: Cr Jaysen Miguel



Attachments: Nil

Cr Miguel requests leave of absence from all Council-related business for the period 21 May 2016 to 2 July 2016. Section 2.25 of the Local Government Act 1995, allows a council to grant leave of absence to one of its members provided that the period of leave does not exceed six (6) consecutive ordinary meetings of the Council. Executive Recommendation Pursuant to Section 2.25 of the Local Government Act 1995, Cr Miguel is granted leave of absence from all Council-related business for the period 21 May 2016 to 2 July 2016.


12. Motions on Notice No Motions on Notice had been received at the time of printing.

13. Questions on Notice

13.1 Response to Previous Questions from Members taken on Notice Nil.

13.2 Questions from Members

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

15. Meeting Closed to Public

15.1 Matters for which the Meeting may be Closed

15.2 Public Reading of Resolutions that may be made Public

16. Closure

bunbury city council notice of meeting and agenda 17 may 2016 and... · 17 may 2016 agenda –...

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