bunbury city council notice of meeting and agenda 5 april 2016 and minutes...5 april 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 5 April 2016

http://mydocs/sites/cp/Templates/Council%20Agendas%20and%20Minutes%20Templates/www.bunbury.wa.gov.au

Table of Contents

Item No Subject Page

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

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

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

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

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

4.2.1 Applications for Leave of Absence – Cr Betty McCleary ........................................ 6

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

6. Public Question Time .............................................................................................................................. 7

6.1 Public Question Time ............................................................................................................. 7 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 10.2 Chief Executive Officer Reports ........................................................................................... 12

10.2.1 Quarterly Report – Power to Accept Tenders - Delegation DAG01 ..................... 12 10.2.2 Illuminated Street Sign Licence – Claude Outdoor Pty Ltd .................................. 14 10.2.3 Illuminated Street Sign Licence – Wooster Pty Ltd trading as Australian Sign

Rentals (previously known as Rainbow Sign Rentals) .......................................... 17 10.2.4 Reporting of Council Policy – Infringement Withdrawal – Requests received .... 20

10.3 Director Corporate and Community Services ...................................................................... 22 10.4 Director Planning, Development and Regulatory Services Reports .................................... 23

10.4.1 Initiation and Adoption of Basic Scheme Amendment 91 – Modification of Text under Special Use Zone No. 7 (Punchbowl) ................................................. 23

10.5 Director Works and Services Reports .................................................................................. 25 10.5.1 Formal closure of public access way (PAW) - Lot 55 Slee Place .......................... 25

11. Applications for Leave of Absence ........................................................................................................ 27

12. Motions on Notice ................................................................................................................................ 27

Table of Contents

Item No Subject Page

13. Questions on Notice ............................................................................................................................. 27

13.1 Response to Previous Questions from Members taken on Notice...................................... 27 13.2 Questions from Members .................................................................................................... 27

14. New Business of an Urgent Nature Introduced by Decision of the Meeting ....................................... 27

15. Meeting Closed to Public ...................................................................................................................... 28

15.1 Matters for which the Meeting may be Closed ................................................................... 28 15.1.1 Stirling Street and Cornwall Street Decked Car Park ........................................... 28

15.2 Public Reading of Resolutions that may be made Public ..................................................... 29

16. Closure .................................................................................................................................................. 29

5 April 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, 5 April 2016 at 5.30pm.

Andrew Brien Chief Executive Officer (Date of Issue: 1 April 2016)

Agenda 5 April 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

4.2.1 Applications for Leave of Absence – Cr Betty McCleary

Applicant/Proponent: Cr Joel McGuinness

Author: Andrew Brien, Chief Executive Officer

Executive: Andrew Brien, Chief Executive Officer

Attachments: Nil

Cr McCleary requests leave of absence from all Council-related business for the period 30 March 2016 to 6 April 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 McCleary is granted leave of absence from all Council-related business for the period 30 March 2016 to 6 April 2016.


5. Declaration of Interest

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

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

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

Cr Steck declared a financial interest in the item titled “15.1.1 Stirling Street and Cornwall Street Decked Car Park” as her partner is a property developer in Bunbury. Cr Steck will leave the chamber for the duration of the discussion and the vote on the matter.

6. Public Question Time

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

6.1 Public Question Time


6.2 Responses to Public Questions Taken ‘On Notice’

At the Council Meeting held 22 February 2016, a question was asked during Public Question Time that could not be answered during the meeting. A copy of the question and the written response forwarded to the questioner following the meeting is provided below for public information: Ms Kanella Hope, 15 Wattle Street, Bunbury Question 1: What and when, after nearly 18 months, is going to be done to complete the full scope

of work approved in Council decision 181/14, which was to construct the ‘best and safest’ outcome for access and parking around Bunbury Primary School?

Reply: The works undertaken at the Bunbury Primary School were completed in January 2015

at a cost of $303,143. The issue of the truncation of 1 Lovegrove Ave is the only aspect of the project that wasn’t undertaken. Council officers have discussed the issue with the property owner who has indicated they do not support the truncation. Rather than proceeding with a legal forced acquisition, Council officers installed a reflective mirror which provides adequate sight distance. Council officers are currently communicating with the property owner to see whether agreement can be reached to slightly reduce the height of the corner fencing and remove vegetation to provide additional sight distance.

Question 2: Why are Council Officers now doing other uninvited works around Bunbury Primary

School without consultation instead of attending to the elements of the approved package of improvements designed to deliver the ‘best and safest’ outcome that are yet to be finished?

Reply: The only works being undertaken at the Bunbury Primary School are works requested

by the Principal in a recent letter to the City of Bunbury Question 3: After many years and versions of plans, undertakings by Officers, Council

commitments, and now an incomplete costly infrastructure project, how can the community be assured that the ‘best and safest’ outcome for Bunbury Primary school and its neighbours is actually being delivered?

Reply: Refer Question 1.


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 22 March 2016 have been circulated. Recommendation The minutes of the Ordinary meeting of the Bunbury City Council held 22 March 2016 be confirmed as a true and accurate record.

7.1.2 Minutes – Council Advisory Committees and Working/Project Groups

Nil


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

Nil


10.2 Chief Executive Officer Reports 10.2.1 Quarterly Report – Power to Accept Tenders - Delegation DAG01

Applicant/Proponent: Internal

Responsible Officer: David Russell, Senior Contracts and Procurement Officer


Attachments: Nil

Summary In accordance with Delegation DAG01 (Power to Accept Tenders), the Chief Executive Officer is to provide a report to Council on all tenders accepted up to $250,000 excluding GST. This agenda item complies with that delegation. A summary of tenders accepted under this delegation for the three-month period from 1 October 2015 to 31 December 2015 is detailed below:

Date Tender Details Contractor Amount (excl. GST)

04/12/2015 RFT1415-00016 Forrest Park Drainage Renewal Riverjet Pty Ltd $67,500

Executive Recommendation That Council notes the Tender accepted under delegation for the three month period from 1 October 2015 to 31 December 2015. Background Pursuant to Section 3.57 of the Local Government Act 1995 and Regulations 11 to 24 of the Local Government (Functions and General) Regulations 1996 (‘the Regulations’), Council has delegated its authority to the Chief Executive Officer to accept tenders up to $250,000, and up to $500,000 (Council Decision 186/11) where a tender for the supply of products or services is procured through the Western Australian Local Government Association (WALGA), State or Commonwealth Governments, or any State or Commonwealth agencies that provide preferred supplier contracts or agreements. The Chief Executive Officer is also delegated authority to undertake negotiations pursuant to regulation 20 of the Regulations with the person who in his opinion submitted the most advantageous tender, with the purpose of variation in respect of the required works or goods. Conditions: * The Chief Executive Officer is to provide quarterly advice on all tenders accepted over

$250,000 excluding GST. * Where the goods or services so procured contain options to extend the contract for a

further period(s), the delegated amounts shall be applied per annum to a maximum value not exceeding $750, 000 excluding GST.

* Each delegated officers capacity to approve an original tender is set at according to the schedule of purchasing limits.


* Each delegated officers capacity to approve a variation is set as per delegation DAG03 – Contract Price Variation

Council Policy Compliance Not applicable Legislative Compliance Section 3.57 Local Government Act 1995 The recommendations accord with the provisions of the Local Government (Functions and General) Regulations 1996 Officer Comments Where the delegation permits, the CEO may approve the acceptance of tenders. When the CEO approves tenders under delegation, internal and external reporting and compliance requirements regarding procurement remain the same as if Council had approved the tender. Any tenders over the delegated threshold or procured as tenders are presented to Council for endorsement. Analysis of Financial and Budget Implications Any tenders approved under the Power to Accept Tenders Delegation have budget funds approved and secured prior to the procurement process commencing. Community Consultation Not applicable Councillor/Officer Consultation Not applicable


10.2.2 Illuminated Street Sign Licence – Claude Outdoor Pty Ltd

Applicant/Proponent: Claude Outdoor Pty Ltd

Responsible Officer: Felicity Anderson, Manager Major Projects and Property


Attachments: Appendix CEO-1: Location Plan – Claude Outdoor Pty Ltd

Summary Claude Outdoor Pty Ltd are seeking a Master Licence for 7 prescribed illuminated street signs for a term of ten (10) years. A location plan is attached at Appendix CEO-1. Executive Recommendation Council agrees to grant Claude Outdoor Pty Ltd a Licence for seven (7) prescribed illuminated street sign locations, on identified road verges throughout the City for a ten (10) year term, subject to: 1. the terms and conditions as specified in the Proposed Renewal of Licence Details; and 2. the applicant paying all costs associated with the licence application including document

preparation. Background Claude Outdoor Pty Ltd currently holds licence over seven (7) illuminated street signs situated on a number of road verges throughout the City. The advertising space on these signs is rented out to local business. Their licence for illuminated street signage expires on 30 June 2016. Current Licence Details

Commencement: 1 July 2011

Term: Five (5) Years

Expiry Date: 30 June 2016

Annual Rental: $800.00 per annum plus GST

Rent Review: The Rental is subject to CPI increases on an annual basis.

Permitted Use: Prescribed illuminated street signage

Outgoings: Responsibility of Licensee

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


Proposed Renewal of Licence Details


Term: Ten (10) Years


Further Term: No Further Option

Annual Rental: $1,000.00 per annum plus GST per sign





Special Conditions: 1) Community Message to be displayed on all illuminated street signage.

2) Licensee to cover the cost of the production and installation of community messages twice through the term of the Agreement.

Council Policy Compliance Final approved Policy No. 3.11 – currently Draft Local Planning Policy Signage and Advertisements – Illuminated Signs advertised 10 February 2016 and closed 2 March 2016. Legislative Compliance Planning and Development Act 2005 Planning and Development (Local Planning Schemes) Regulations 2015 City of Bunbury Town Planning Scheme No. 7, Part 2 – Local Planning Framework Officer Comments The licences consist of seven (7) individual illuminated street signs, on various road verge locations, throughout the City. The Licensee has complied with all provisions of the current licence conditions. Analysis of Financial and Budget Implications There would be no implications to the annual budget. Claude Outdoor Pty Ltd will be responsible for the payment of all outgoings and licence preparation fees. Community Consultation Not Applicable. Councillor/Officer Consultation This was discussed by the Development Coordination Unit (DCU) on 21 January 2016 with no objections raised.


The recommended term was originally five (5) years with a further option of five (5) years however Claude have requested one term consisting of ten (10) years. The recommendation was for the applicant to comply with the Local Planning Policy Signage and Advertisements – Policy – Illuminated Signs and to ensure Community Messages are on all illuminated street signs in the City, being one of the following: * Drink Driving – It’s Never Ok * Slow Down – Enjoy the Ride * Stick to the Speed Limit * Belt up


10.2.3 Illuminated Street Sign Licence – Wooster Pty Ltd trading as Australian Sign Rentals (previously

known as Rainbow Sign Rentals)

Applicant/Proponent: Wooster Pty Ltd trading as Australian Sign Rentals

Responsible Officer: Felicity Anderson, Manager Major Projects and Property


Attachments: Appendix CEO-2: Location Plan – Wooster Pty Ltd

Summary Wooster Pty Ltd trading as Australian Sign Rentals, previously known as Rainbow Sign Rentals seek a five (5) year Licence with a five (5) year further option for sixteen (16) prescribed illuminated street signs. A location plan is attached at Appendix CEO-2. Executive Recommendation Council agrees to grant Wooster Pty Ltd trading as Australian Sign Rentals a Licence for sixteen (16) prescribed illuminated street sign locations, on identified road verges throughout the City for a five (5) year term with a five (5) year further option, subject to: 1. the terms and conditions as specified in the Proposed Renewal of Licence Details; and 2. the applicant paying all costs associated with the licence application including document

preparation. Background Wooster Pty Ltd trading as Australian Sign Rentals (previously known as Rainbow Sign Rentals) currently have a licence for sixteen (16) illuminated street signs situated on a number of road verges throughout the City. The advertising space on these signs is rented out to local business. Fifteen (15) of the individual licences has previously been granted to the Perth Sign Company Pty Ltd for a period of five (5) years, which expired on 31 October 2008. Adshel Street Furniture Pty ltd took over Perth Sign Company Pty Ltd in 2006, accepting responsibility for the fifteen (1)5 existing signs. Rainbow Signs Rental Pty Ltd took over Adshel Street Furniture Pty Ltd in 2011, accepting responsibility for the fifteen (15) signs and were granted permission during the term for one more illuminated street sign, now totalling sixteen (16) signs. The licence for illuminated street signage expires on 30 June 2016.


Current Licence Details




Annual Rental: $800.00 per annum plus GST





Proposed Renewal of Licence Details




Further Term: Five (5) Years expiring 30 June 2026

Annual Rental: $1,000.00 per annum plus GST per sign





Special Conditions: 1) Chicken Treat sign at Hudson/Parade Road to be relocated. 2) Community Message to be displayed on all illuminated street

signage.

Council Policy Compliance Final approved Policy No. 3.11 – currently Draft Local Planning Policy Signage and Advertisements – Illuminated Signs advertised 10 February 2016 and closed 2 March 2016. Legislative Compliance Planning and Development Act 2005 Planning and Development (Local Planning Schemes) Regulations 2015 City of Bunbury Town Planning Scheme No. 7, Part 2 – Local Planning Framework Officer Comments The licences consist of sixteen (16) individual illuminated street signs, on various road verge locations, throughout the City. The Licensee has complied with all provisions of the current licence conditions. Analysis of Financial and Budget Implications A Landgate Market Valuation dated 22 February 2016 recommends an annual Licence Fee for each sign to be $1,000.00 + GST and outgoings.


Wooster Pty Ltd trading as Australian Sign Rentals will be responsible for the payment of all outgoings and licence preparation fees. Community Consultation Not Applicable. Councillor/Officer Consultation This was discussed by the Development Coordination Unit (DCU) on 21 January 2016 with no objections raised. The recommendation was for the applicant to comply with the Local Planning Policy Signage and Advertisements – Policy – Illuminated Signs and to ensure Community Messages are on all illuminated street signs in the City, being one of the following: * Drink Driving – It’s Never Ok * Slow Down – Enjoy the Ride * Stick to the Speed Limit * Belt up


10.2.4 Reporting of Council Policy – Infringement Withdrawal – Requests Received




Attachments: Nil

Summary At its Ordinary Meeting held 8 July 2014, Council adopted the new Council Policy “Infringement Withdrawal”. The purpose of this report is for Council to be informed of any requests received, and the outcomes of each, relating to infringement withdrawal. Executive Recommendation That in accordance with the Council Policy “Infringement Withdrawal”, Council notes that two (2) requests were received from Council Officers for the withdrawal of infringement in the month of March 2016 and the outcome of investigation determined that the infringement notices would stand. 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 March 2016, two (2) requests were received from staff members wherein they parked their private vehicles in Council carparks, did not display their ticket correctly and as a result received an infringement. The outcome of the investigation is that the infringements will stand, as it is the responsibility of the driver to ensure that either a valid parking ticket or permit is clearly displayed in the vehicle. 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 Initiation and Adoption of Basic Scheme Amendment 91 – Modification of Text under Special Use

Zone No. 7 (Punchbowl)

File Ref: A06559

Applicant/Proponent: City of Bunbury

Responsible Officer: Jana Joubert, Strategic Planning Officer

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

Attachments: Appendix DPDRS-1: Scheme Amendment 91 Report

Summary The proposal is for an amendment to the text in the ‘Special Use(s)’ column of ‘Special Use Zone No. 7’ under Schedule 2 of the Scheme Text for the purposes of correcting an administrative error that occurred during the final approval of Scheme Amendment No. 80 of the City of Bunbury Town Planning Scheme No. 7. Executive Recommendation That Council: 1. In accordance with the Planning and Development Act 2005 and the Planning and

Development (Local Planning Schemes) Regulations 2015, resolves to grant final adoption to Scheme Amendment 91 to the City of Bunbury Town Planning Scheme No. 7 by modifying text in the table under Schedule 2 – Special Use Zones at No. 7 within the ‘Special Use(s)’ column, in accordance with the Local Planning Scheme Amendment Report 91 (attached at Appendix DPDRS-1).

2. Determines that Scheme Amendment 91 is a basic scheme amendment under Clause

35(2)(b) of the Planning and Development (Local Planning Schemes) Regulations 2015 for the reason of correcting an administrative error.

3. Refers the Scheme Amendment 91 documentation to the Environmental Protection

Authority (EPA) for review in accordance with section 81 of the Planning and Development Act 2005.

4. Subject to formal assessment not being required by the EPA, refer the scheme amendment

documentation to the Western Australian Planning Commission in accordance with Clause 58 of the Planning and Development (Local Planning Schemes) Regulations 2015.

Background Scheme Amendment 80 was gazetted on 15 March 2016 with a minor administrative error. The purpose of this scheme amendment is to correct the error.


Legislative and Council Policy Compliance Proposals to amend a Local Planning Scheme are required to be undertaken in accordance with the Planning and Development Act 2005 and associated Planning and Development (Local Planning Schemes) Regulations 2015. The documentation prepared for the scheme amendment will need to be referred to the EPA for assessment. The scheme amendment is regarded as being a basic scheme amendment in accordance with Clause 35(2)(b) of the Planning and Development (Local Planning Schemes) Regulations 2015 for the reason of correcting an administrative error. Officer Comments The purpose of this scheme amendment is to amend a minor error associated with the ‘Special Use(s)’ column in Schedule 2 – Special Uses at ‘Special Use Zone No. 7’ for the sake of administrative correctness by replacing the third heading entitled “Ocean Drive Frontage” with “Central Core Area”. Analysis of Financial and Budget Implications The procedure for considering a scheme amendment has no associated financial or budgetary implication other than the costs associated with assessment, drafting and public consultation. Community Consultation The proposed scheme amendment is not required to be advertised for public comment as it is regarded as a basic amendment in accordance with the requirements of the Planning and Development Act 2005 and associated Planning and Development (Local Planning Schemes) Regulations 2015. Councillor/Officer Consultation The informal views at the Department of Planning were sought prior to the preparation of this scheme amendment proposal.


10.5 Director Works and Services Reports 10.5.1 Formal closure of public access way (PAW) - Lot 55 Slee Place

Applicant/Proponent: Internal Report

Responsible Officer: Terri Stacpoole, Administration Projects Officer

Executive: Gavin Harris, Director Works & Services

Attachments: Nil

Summary This report is to enable Council Officers to progress the permanent closure of the Slee Place public access way. Executive Recommendation In accordance with Council Decision (68/16) for formal sale and amalgamation of Lot 55 Slee Place that Council pursuant to the provisions of the Land Administration Act 1997: 1. Indemnifies the Minister for Lands against all costs associated with the closure and

amalgamation of the PAW. 2. Request the Department of Lands sell the PAW land at a reduced nominal fee due to the

severity and ongoing anti-social behaviour and assist with associated surveying costs and fees were possible.

Background At the Ordinary Council Meeting held 8 March 2016 it was decided (68/16) to endorse the Withers Advisory Committee Decision (6/16) point 1 to:

Approve the formal closure of the access way by means of sale and amalgamation including temporary closure whilst formal closure is being progressed through Council.

Council Policy Compliance Not Applicable Legislative Compliance Pedestrian access ways were originally established as part of land subdivision in accordance with section 20A of the, then, Town Planning & Development Act 1928. Section 58 of the Land Administration Act 1997 refers to the permanent closing of roads and the City’s requirement to enter into public consultation and advertise for a period of no less than 35 days should closure be endorsed. Section 87 of the Land Administration Act 1997 refers to the sale of Crown land for amalgamation with adjoining land and that the Department of Lands undertakes formal sale and conveyancing of the subject land.


Officer Comments To proceed with the formal closure of Public Access Ways in accordance with Council Decision (68/16), the Minister of Lands requires a Council Decision indemnifying against all costs associated with the closure and request the Department of Lands to sell the land at a nominal fee. Analysis of Financial and Budget Implications This public access way is owned by the Crown with a management order to the City of Bunbury and as such the City does not profit financially from the sale of the access way. Community Consultation Not Applicable. Councillor/Officer Consultation Not Applicable.


11. Applications for Leave of Absence

No requests for Leave of Absence had been received at the time of printing.

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

(e) a matter that if disclosed, would reveal —

(i) a trade secret; or

(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; and

Recommendation In accordance with section 5.23(e) of the Local Government Act 1995 and clause 6.2 of the City of Bunbury’s Standing Orders Local Law 2012, Council resolves to close the meeting to members of the public to consider the item titled “15.1.1 Stirling Street and Cornwall Street Decked Car Park”.

15.1.1 Stirling Street and Cornwall Street Decked Car Park




Attachments: Appendix CRUSC-1-1: Location Plan Appendix CRUSC-1-2: Copy of Correspondence

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

(e) a matter that if disclosed, would reveal —

(i) a trade secret; or

(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; and

A confidential report and recommendation has been circulated to members under separate cover (Confidential Report CRUSC-1). The report is not for circulation.


15.2 Public Reading of Resolutions that may be made Public

16. Closure

bunbury city council notice of meeting and agenda 5 april 2016 and minutes...5 april 2016 agenda –...

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