city of bunbury council minutes 17 april 2018 › pdf › council › agendas and minutes ›...

CITY OF BUNBURY 4 Stephen Street

Bunbury WA 6230 Western Australia

Correspondence to: Post Office Box 21

Bunbury WA 6231

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

City of Bunbury Council Minutes 17 April 2018

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 ............................................................................................................................................... 5

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

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

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

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

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

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

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

7.1 Minutes .................................................................................................................................. 9 7.1.1 Minutes – Ordinary Council Meeting ..................................................................... 9 7.1.2 Minutes – Council Advisory Committees and Working/Project Groups ............. 10

8. Petitions, Presentations, Deputations and Delegations ....................................................................... 11

8.1 Petitions ............................................................................................................................... 11 8.2 Presentations ....................................................................................................................... 11 8.3 Deputations ......................................................................................................................... 11 8.4 Council Delegates’ Reports .................................................................................................. 12 8.5 Conference Delegates’ Reports ........................................................................................... 12

9. Method of Dealing with Agenda Business ............................................................................................ 12

10. Reports .................................................................................................................................................. 13

10.1 Disability Access and Inclusion Committee – Amendment to Terms of Reference (was listed as item 10.1.1 of the Council Agenda) ............................................................... 13

10.2 Proposed Deed of Lease P&S Morrissey Trading as Morrissey Aviation over portion of Bunbury Airport, Hangar Site 53, Lot 507 South Western Highway, Davenport (was listed as 10.4.1 of the Council Agenda) ....................................................................... 16

10.3 Proposed Service Station at Lots 202 and 251 Wimbridge Road, Picton (was listed as 10.4.2 of the Council Agenda) ......................................................................................... 20

10.4 Communications and Engagement Strategy 2018 – 2022 (was listed as item 10.3.1 of the Council Agenda)......................................................................................................... 34

10.5 Application to Amend Development 2017/142/1 (Deletion of Condition 11) at Lot 575 (#109) Ocean Drive, Bunbury (was listed as item 10.4.3 of the Council Agenda) ........ 39

10.6 Update on Camping Grounds Working Group Recommendations (was listed as item 10.4.4 of the Council Agenda) ..................................................................................... 44

11. Applications for Leave of Absence ........................................................................................................ 49

11.1 Application for Leave of Absence – Cr Brendan Kelly .......................................................... 49 11.2 Application for Leave of Absence – Cr Tresslyn Smith ......................................................... 50

Table of Contents

Item No Subject Page

12. Motions on Notice ................................................................................................................................ 51

13. Questions on Notice ............................................................................................................................. 51

13.1 Response to Previous Questions from Members taken on Notice...................................... 51 13.2 Questions from Members .................................................................................................... 51

14. New Business of an Urgent Nature Introduced by Decision of the Meeting ....................................... 51

15. Meeting Closed to Public ...................................................................................................................... 51

15.1 Matters for which the Meeting may be Closed ................................................................... 51 15.2 Public Reading of Resolutions that may be made Public ..................................................... 51

16. Closure .................................................................................................................................................. 51

17 April 2018 Minutes – Council Meeting

Vision

Bunbury: welcoming and full of opportunities.

Core Values The City of Bunbury aspires to act in accordance with the following values in all of its decisions and actions: Leadership: empowering people to take responsibility for what they do and to strive to set an example for others to follow. Teamwork: communicating and working co-operatively for the mutual benefit of all. Integrity: establishing trust through openness and honesty. Accountability: for our actions and performance. Respect: for others by listening, understanding and responding appropriately. Innovation: continually improving our services and processes through creative and progressive thinking and action.

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

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

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

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

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

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


City of Bunbury Council

Minutes 17 April 2018

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

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

2. Disclaimer The City of Bunbury accepts no responsibility for any act, omission, statement or intimation that occurs during Council Briefings or Council Meetings. The City refuses liability for any loss caused arising out of reliance by any person or legal entity on any such act, omission, statement or intimation occurring during Council Briefings or Council Meetings. Any person or legal entity acting or failing to act in reliance upon any statement, act or omission made during a Council Briefing or Council Meeting does so at their own risk. Please note the recommendations contained in this document are not final and are subject to adoption, amendment (or otherwise) at the meeting. Any statement or intimation of approval regarding any planning or development application made during a Council Briefing or Council Meeting is not to be taken as notice of approval from the City. The City advises that anyone who has an application lodged with the City must obtain and should only rely on WRITTEN CONFIRMATION of the outcome of the application, and any conditions attached to the decision made by Council regarding the application. Copyright Any plans or documents contained within this Agenda and any associated Appendices are Copyright of the City of Bunbury. The content is protected by Australian and International copyright trademark. Content must not be modified or reproduced without written authorisation of the City of Bunbury. Recording and Webstreaming of Meetings

All Ordinary and Special Council Meetings are electronically recorded except when Council resolves to go behind closed doors

All recordings are retained as part of the City’s records in accordance with the General Disposal Authority for Local Government Records produced by the Public Records Office

The live stream can be accessed at http://www.bunbury.wa.gov.au/Pages/Live-Stream.aspx

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

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


Recordings can be accessed at http://www.bunbury.wa.gov.au/Pages/Council-Meeting-Videos-2017.aspx

Images of the public gallery are not included in the streaming, however the voices of people in attendance may be captured and streamed.

If you have any issues or concerns regarding the live streaming and recording of meetings, please contact the City’s Governance Officer on 9792 7273.

3. Announcements from the Presiding Member The Deputy Mayor acknowledged the presence of the Member for Bunbury, Mr Don Punch MLA. The Deputy Mayor thanked the YAC and everyone else that was involved in delivery of the SHIFT festival on the weekend. The Deputy Mayor acknowledged the success of the Bunbury Show on the weekend. The Deputy Mayor welcomed Cr Cook back to his first Council Meeting since getting married and offered his congratulations on Cr and Mrs Cook’s recent nuptials.

http://www.bunbury.wa.gov.au/Pages/Council-Meeting-Videos-2017.aspx

http://www.bunbury.wa.gov.au/Pages/Council-Meeting-Videos-2017.aspx


4. Attendance Present:

Council Members:

Presiding Member: Deputy Mayor J Miguel

Members: Councillor S Morris

Councillor B Kelly

Councillor B McCleary

Councillor M Warnock

Councillor K Steele

Councillor T Brown

Councillor M Cook

Executive Leadership Team (Non-Voting)

A/Chief Executive Officer Ms S Addison-Brown

A/Director Works and Services Mrs A Clemens

A/Director Corporate and Community Services Mr M Roberts

A/Director Planning and Development Services Mrs F Anderson

City of Bunbury Officers (Non-Voting)

Manager Finance Mr D Ransom

Manager Corporate Governance Mr G Golinski

Manager Planning and Sustainability Mr T Farnworth

Team Leader Development Assessment and Compliance Mr M Young

Media and Communications Officer Mrs L Gallo

Others (Non-Voting)

Members of the Public 8

Members of the Press 3

4.1 Apologies Cr James Hayward

4.2 Approved Leave of Absence Mayor Brennan is on approved leave of absence from all Council-related business from 7 to 21 April 2018 inclusive. Cr Steck is on approved leave of absence from all Council-related business from 4 April to 2 May 2018 inclusive. Cr Smith is requesting a leave of absence (see item 11.2).


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 Jaysen Miguel declared an impartiality interest in item 10.4.3 Application to Amend Development 2017/142/1 (Deletion of Condition 11) at Lot 575 (#109) Ocean Drive, Bunbury as the Applicant is a relative. Cr Miguel will remain in the Chamber for the debate and 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

Nil

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 City of Bunbury Council held 3 April 2018 have been circulated. Recommendation The minutes of the Ordinary meeting of the City of Bunbury Council held 3 April 2018 be confirmed as a true and accurate record. Voting Requirement: Simple Majority Required Outcome – Council Meeting 17 April 2018 The recommendation (as printed) was moved Cr Cook, seconded Cr Brown. The Deputy Mayor put the motion to the vote and it was adopted to become the Council’s decision on the matter.

Council Decision 111/18 The minutes of the Ordinary meeting of the City of Bunbury Council held 3 April 2018 be confirmed as a true and accurate record. CARRIED 8 votes “for” / Nil votes “against”


7.1.2 Minutes – Council Advisory Committees and Working/Project Groups

Applicant/Proponent: Internal Report

Author: Various

Executive: Various

Authority/Discretion: ☐ Advocacy

☐ Executive/Strategic

☐ Legislative

☐ Review

☐ Quasi-Judicial

☒ Information Purposes

Attachments: Appendix MTBN-1 – Disability Access and Inclusion Committee Meeting Minutes 2 March 2018 Appendix MTBN-2 – Youth Advisory Council Committee Meeting Minutes 7 March 2018

Summary The following Advisory Committee Meetings were held and the minutes are presented for noting: 1. Title: Disability Access and Inclusion Committee Meeting Minutes 2 March 2018

Author: Liz Allan Appendix: MTBN-1

2. Title: Youth Advisory Council Committee Meeting Minutes 7 March 2018

Author: Liz Allan Appendix: MTBN-2

Council Committee Recommendation The following Advisory Committee meeting minutes listed in the report be accepted and noted:

1. Disability Access and Inclusion Committee Meeting Minutes 2 March 2018 2. Youth Advisory Council Committee Meeting Minutes 7 March 2018

Voting Requirement: Simple Majority Required Outcome – Council Meeting 17 April 2018 The recommendation (as printed) was moved Cr Miguel, seconded Cr McCleary. The Deputy Mayor put the motion to the vote and it was adopted to become the Council’s decision on the matter.

Council Decision 112/18 The following Advisory Committee meeting minutes listed in the report be accepted and noted: 1. Disability Access and Inclusion Committee Meeting Minutes 2 March 2018 2. Youth Advisory Council Committee Meeting Minutes 7 March 2018 CARRIED 8 votes “for” / Nil votes “against”


8. Petitions, Presentations, Deputations and Delegations

8.1 Petitions Nil.

8.2 Presentations Nil.

8.3 Deputations R&M Prosser & Son, 11 Mummery Crescent, Bunbury Mr David Prosser, requested to address item 10.4.3 titled “Application to Amend Development 2017/142/1 (Deletion of Condition 11) at Lot 575 (#109) Ocean Drive, Bunbury”.

Council Decision 113/18 Pursuant to clause 6.9 (2)(b) of Councils Standing Orders, Council approves Mr David Prosser’s deputation request to address item 10.4.3 titled “Application to Amend Development 2017/142/1 (Deletion of Condition 11) at Lot 575 (#109) Ocean Drive, Bunbury”, and allows a period of up to 5 minutes to present to Council. CARRIED 8 votes “for” / Nil votes “against”

Mr Steve Prosser, 11 Mummery Crescent, Bunbury Mr Steve Prosser, requested to address item 10.4.3 titled “Application to Amend Development 2017/142/1 (Deletion of Condition 11) at Lot 575 (#109) Ocean Drive, Bunbury”.

Council Decision 114/18 Pursuant to clause 6.9 (2)(b) of Councils Standing Orders, Council approves Mr Steve Prosser’s deputation request to address item 10.4.3 titled “Application to Amend Development 2017/142/1 (Deletion of Condition 11) at Lot 575 (#109) Ocean Drive, Bunbury”, and allows a period of up to 5 minutes to present to Council. CARRIED 8 votes “for” / Nil votes “against”


8.4 Council Delegates’ Reports Nil.

8.5 Conference Delegates’ Reports Nil.

9. Method of Dealing with Agenda Business Standing Order 5.5 permits the Council to adopt the recommendations “by exception” (en-bloc).

Pursuant to Standing Order 5.5, the Council “adopted by exception” (i.e. without discussion) those recommendations listed for items 10.1.1, 10.4.1 and 10.4.2 Items 10.3.1, 10.4.3 and 10.4.4 of the meeting agenda were then discussed and voted on separately and in the order that they appeared on the agenda. The items have been renumbered with the items voted “by exception” listed first.

The items “adopted by exception” were moved Cr Cook, seconded Cr McCleary.


10. Reports

10.1 Disability Access and Inclusion Committee – Amendment to Terms of Reference (was listed as item 10.1.1 of the Council Agenda)

Applicant/Proponent: Disability Access and Inclusion Committee

Responsible Officer: Liz Allan, Executive Research and Projects Officer

Responsible Manager: Sharon Chapman, Manager Community and Library Services

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

Authority/Discretion ☐ Advocacy


☒ Legislative

☐ Review

☐ Quasi-Judicial

☐ Information Purposes

Attachments: Appendix RAC-1: Minutes Excerpt 16 May 2017 Appendix RAC-2: Community Access Committee Discussion Paper Appendix RAC-3: Current DAIC Terms of Reference

Summary The Disability Access and Inclusion Committee (DAIC) considered its Terms of Reference at its meeting held 2 March 2018 and are referring an amendment to Council for endorsement. Committee Recommendation That Council amend the Terms of Reference for the Disability Access and Inclusion Committee such that the Community Access Officer be moved from ‘Executive Member (voting)’ to ‘Ex-officio Members (non-voting)’. Voting Requirement: Simple Majority Required Strategic Relevance Theme 1: Our community and culture Goal: A safe, healthy and cohesive community, with a rich cultural life, and

supportive social environment Objective 1.5: Establish Bunbury as the most accessible regional City in Australia Background The Community Access Committee Discussion Paper (attached at Appendix RAC-2), prepared in response to a meeting held between the Community Access Committee (CAC) and the Executive Leadership Team on 3 March 2017, proposed a new Terms of Reference and Framework for the Committee. The proposed new structure consisted of a formal Standing Committee made up the Executive Leadership Team (CEO and three Directors), Community Access Officer, three elected members and three community representatives.


The Community Access Committee Discussion Paper outlined the following: “The City Access and Inclusion Committee has been established: 1. To provide an oversight role in the development and implementation of the Statutory

requirements of the Disability Access and Inclusion Plan (DAIP); 2. To review progress of the organisation in the achievement of the objectives of the DAIP; 3. To review the Statutory Reports required under the DAIP; 4. To review the progress of the organisation in relation to progress against the objectives of

the Community Strategic Plan as it relates to MARCIA; 5. To review any reports provided by the City Access and Inclusion Community Reference

Group. The Committee will comprise the following: 1. Three elected members 2. Three community members with expertise/experience in relevant areas 3. Chief Executive Officer 4. Executive Leadership Team 5. Community Access Officer” At a meeting held on 31 March 2017 members of the CAC voted unanimously to endorse the proposed changes outlined in the Community Access Committee Discussion Paper. At its meeting held 16 May 2017 Council Decided (179/17): “That Council endorses the proposed new structure and Terms of Reference outlined in pages 9-13 of the Community Access Committee Discussion Paper (attached at Appendix RAC-1), to take effect following the Council elections on 21 October 2017. The new structure will consist of the following; a) Standing Committee; and b) Community Reference Group.” An excerpt from the Minutes is attached at Appendix RAC-1. Council Policy Compliance The City of Bunbury is bound by the City’s Disability Access and Inclusion Plan 2012 – 2017 (DAIP) which is a legislative requirement under the Disability Services Act 1993 (amended 2004). The City of Bunbury’s DAIP 2012 – 2017 outlines the City’s commitment to Outcome 6 of the DAIP which states that “People with disability have the same opportunities as other people to participate in any public consultation by the City of Bunbury”. Legislative Compliance Disability Services Act 1993 (amended 2004) Local Government Act 1995


Officer Comments At its meeting held 2 March 2018 the DAIC determined: “That the Disability Access and Inclusion Committee recommend to Council that the Terms of Reference (as attached at Appendix RAC-3) be amended so that the Community Access Officer be moved from ‘Executive Members (voting)’ to ‘Ex-officio Members (non-voting)’.” The recommendation was unanimously supported by all current voting members present. Analysis of Financial and Budget Implications There are no financial implications associated with this report. Community Consultation Not applicable Councillor/Officer Consultation Council was provided with the Community Access Committee Discussion Paper and endorsed the structure outlined within it at its meeting held 16 May 2017. Outcome – Council Meeting 17 April 2018 Pursuant to Standing Order 5.5 the recommendation (as printed) from the Executive was moved Cr Cook seconded Cr McCleary and adopted (’en bloc’) to become the Council’s decision on the matter.

Council Decision 115/18 That Council amend the Terms of Reference for the Disability Access and Inclusion Committee such that the Community Access Officer be moved from ‘Executive Member (voting)’ to ‘Ex-officio Members (non-voting)’. CARRIED 8 votes “for” / Nil votes “against”


10.2 Proposed Deed of Lease P&S Morrissey Trading as Morrissey Aviation over portion of Bunbury Airport, Hangar Site 53, Lot 507 South Western Highway, Davenport (was listed as 10.4.1 of the Council Agenda)

File Ref: F00296

Applicant/Proponent: P&S Morrissey Trading as Morrissey Aviation

Responsible Officer: Jane Dawson, Senior Property Officer

Responsible Manager: Kristen Mildwaters, Acting Manager Major Projects & Property

Executive: Felicity Anderson, Acting Director Planning & Development Services



☒ Legislative

☐ Review

☐ Quasi-Judicial


Attachments: Appendix DPDS-1: Location Plan

Summary The City of Bunbury has been approached by P&S Morrissey Trading as Morrissey Aviation requesting Council grant a Deed of Lease over Bunbury Airport, Hangar Site 53, over portion of Lot 507 South Western Highway Davenport, a location plan is attached at Appendix DPDS-1. Executive Recommendation Council agrees to grant a Deed of Lease to P&S Morrissey Trading as Morrissey Aviation, Hangar Site 53, over portion of Lot 507 (DP74949) South Western Highway, Davenport for a term of ten (10) years with a further option of eleven (11) years, subject to; 1. The lease being prepared including the standard terms and conditions; 2. The applicant agreeing to pay all costs associated with the lease application including

document preparation and advertising;

3. Advertising for the disposal being undertaken in accordance with the provisions of Section 3.58 of the Local Government Act 1995; and

4. Approval of the Minister for Lands for the lease being obtained. Voting Requirement: Simple Majority Required Strategic Relevance Theme 1: Our community and culture Goal: A safe, healthy and cohesive community, with a rich cultural life, and

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

and leisure options


Background The Bunbury Airport is comprised within Reserve 27686, Lot 507 South Western Highway, Davenport and is held by the City under Management for the purpose of “Airport” with the power to lease subject to the consent of the Minister for Lands. Pursuant to Section 18 of the Land Administration Act 1997, the Minister for Lands approval is required from the Office of the Minister for Lands subject to the final document executed by the parties being on the same terms as that provided to the Department of Planning, Lands and Heritage. Proposed new Lease Details

Commencement: To be determined

Term: Ten years (10) with a further option of eleven (11) years

Expiry Date: To be determined

Lease Area m²: 300

Rental @ $5.00m²: $1,500.00 plus GST per annum

Rent Review: Every Anniversary from the date of commencement, determined by CPI and market rental every 3rd anniversary.

Outgoings: Responsibility of the Lessee.

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

Special Conditions: Lessee responsible for maintaining and upkeep of the demised premises. The applicant to pay all costs associated with the lease application including document preparation.

The Applicant has reviewed a Draft Deed of Lease and is in agreement to the terms and conditions as outlined. Council Policy Compliance Not applicable. Legislative Compliance Advertising in accordance with the provisions of Section 3.58 of the Local Government Act 1995. Officer Comments Hangar sites at the Bunbury Airport have been eagerly sought after and for quite some time available hangar space has been at a premium. As a result of the recent expansion, the City of Bunbury has five (5) sites which have not yet been leased. New leases will increase airport revenue through rental income and rates revenue. The Applicant has advised they have not had a hangar previously, the hangar will be used initially to house an aeroplane and the Applicant will then be running an aviation-based advertising business from the hangar.


The Minister for Lands on 26 March 2018 has approved the running of an aviation based advertising business from the hangar as this is ancillary to the use of the Reserve. Analysis of Financial and Budget Implications The annual lease rental calculated is based upon a report provided by the Valuer General following the Valuer General’s extensive review of similar airports throughout Western Australia in 2011 and is consistent with the lease fees charged to existing airport hangar owners. The Applicant to pay annual rates of $1,206.00 inclusive of Emergency Services Levy and any outgoings. Community Consultation Advertising in accordance with the provisions of Section 3.58 of the Local Government Act 1995 will be undertaken with any submissions received referred to Council for consideration. Councillor/Officer Consultation The Team Leader Airport and Design and the Senior Property Officer have been in discussions with the Applicant and agreed to put forth to Council the request for a Deed of Lease over Hangar 53. The Applicant advised the Senior Property Officer upon review of the draft standard lease template that they wish to enter into a Lease and be granted a lease term of 21 years consisting of ten (10) years and further term of eleven (11) years. Applicant Consultation The Applicant contacted the Team Leader Airport and Design to enquire if the City had any available hangars at the Bunbury Airport and was referred to the Senior Property Officer to action the request for a Lease. The Applicant has advised they haven’t had a hangar previously, the hangar will be for private use (storage of a plane) and eventually an aviation-based advertising business that would be run from the hangar. The Minister for Lands has granted approval for the aviation based advertising business. The Applicant has reviewed the draft Deed of Lease and is in agreement to the clauses and conditions as outlined in the Lease and are hopeful of proceeding as soon as possible. Outcome – Council Meeting 17 April 2018 Pursuant to Standing Order 5.5 the recommendation (as printed) from the Executive was moved Cr Cook seconded Cr McCleary and adopted (’en bloc’) to become the Council’s decision on the matter.


Council Decision 116/18 Council agrees to grant a Deed of Lease to P&S Morrissey Trading as Morrissey Aviation, Hangar Site 53, over portion of Lot 507 (DP74949) South Western Highway, Davenport for a term of ten (10) years with a further option of eleven (11) years, subject to; 1. The lease being prepared including the standard terms and conditions; 2. The applicant agreeing to pay all costs associated with the lease application including

document preparation and advertising; 3. Advertising for the disposal being undertaken in accordance with the provisions of Section

3.58 of the Local Government Act 1995; and 4. Approval of the Minister for Lands for the lease being obtained. CARRIED 8 votes “for” / Nil votes “against”


10.3 Proposed Service Station at Lots 202 and 251 Wimbridge Road, Picton (was listed as

10.4.2 of the Council Agenda)

File Ref: P14551, DA/2017/40/1

Applicant/Proponent: Ronald Visser (RAV DG Services)

Responsible Officer: Teshome Tadesse, Planning Officer

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

Executive: Felicity Anderson, Acting Director Planning and Development Services



☐ Legislative

☐ Review

☒ Quasi-Judicial


Attachments: Appendix DPDS-2: Location Plan and Site Photographs

Appendix DPDS-3: Development Plans

Appendix DPDS-4: Applicant Supporting Information

Appendix DPDS-5: Design Vehicle Swept Paths Diagrams

Appendix DPDS-6: Referral Agency Comments

Summary Development approval is sought for the establishment of an unmanned service station at Lots 202 and 251 Wimbridge Road in Picton. The application is before Council for its determination as the executive recommendation is to grant development approval contrary to the recommendations of Main Roads Western Australia (MRWA). The key issue relates to MRWA recommendations specifying that the proponent should be responsible for ceding an extensive area of land that is not presently reserved for road widening and for the undertaking of major road works to upgrade Willinge Drive and Winsor Street to the authority’s specifications for a state controlled primary regional road. While the proposal will require limited road widening and some upgrading of the carriageway to be undertaken by the proponent, it is not considered feasible for the local government to seek conditions beyond its scope of authority or responsibility. Consequently, MRWA is encouraged to engage with the landowner as a separate process should it wish to pursue its own regional road development outcomes (e.g. through negotiated land acquisition and region scheme amendment), which the City of Bunbury can play a productive role in facilitating. In general, the proposed unmanned service station satisfies the requirements of the Local Planning Scheme and relevant local planning policy standards. Therefore, the proposal is recommended for development approval subject to the applicable standard and site specific conditions of the local government. Executive Recommendation That Council: Approve the development application for a ‘service station’ use at Lots 202 and 251 Wimbridge Road, Picton, in accordance with the City of Bunbury Local Planning Scheme No. 8 (LPS8) subject to the following conditions:


1. At all times, the development the subject of this development approval must comply with

the definition of a ‘service station’ land use class as contained in Part 6 of the City of Bunbury Local Planning Scheme No. 8 (LPS8).

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. Before the development is occupied/operated, the following infrastructure items must be

provided and/or upgraded to the specifications and satisfaction of the City of Bunbury:

(a) Modifications to Wimbridge Road are to be undertaken to bring that section of road up to the relevant standards of the Austroads design guidelines for an applicable industrial road. This is to include the reconstruction and widening of the road pavement, provision of reinforced flush kerbing, provision of drainage infrastructure and provision of public street lighting. The extent of the upgrade works on Wimbridge Road will be for the full length of the property boundary with frontage to Wimbridge Road, from and including the road intersection at Winsor Street.

(b) Modifications to the intersection of Wimbridge Road and Winsor Street are to be

undertaken to bring that section of road up to the relevant standards of the Austroads design guidelines for an applicable industrial road. This is to include the reconstruction and widening of the road pavement, provision of reinforced kerbing, provision of drainage infrastructure and provision of public street lighting. The extent of the upgrade works on Winsor Street will be determined by that section of road affected by the need to service the swept path of a 27.5 metre length B-Double design vehicle.

Detailed design plans of the infrastructure upgrade works are to be prepared and

submitted to the local government, to the specifications and satisfaction of the City of Bunbury, for approval prior to construction commencing.

5. Before the development is occupied/operated, the area of land marked on the approved

development plan(s) for the purpose of road widening must be ceded free of cost to the City of Bunbury (i.e. an area of 10 metres by 10 metres for road widening at the corner of Wimbridge Road and Winsor Street).

6. Before the development is occupied/operated, any alterations, relocation or damage of

existing infrastructure within the road reserve must be completed and reinstated to the specifications and satisfaction of the City of Bunbury.

7. Prior to commencing development, a damage bond to the value of $10,000 must be paid to

the City of Bunbury in accordance with Local Planning Policy: Bonds. 8. Prior to commencing development, detailed design plans are to be prepared and submitted

to the local government in accordance with the relevant Australian Standards, Austroads


Guides and City of Bunbury requirements for all on-site access ways, pedestrian movement, vehicle circulation and parking requirements, to the satisfaction of the City of Bunbury. Once detailed design plans are approved, construction is to be in accordance with the approved plans and must be completed before the development is occupied/operated.

9. The maximum dimensions and mass of any vehicle permitted to access and/or park within

the property boundaries of the development site at any time is to be limited to that of a 27.5 metre length B-Double design vehicle.

10. Before the development is occupied/operated, line marking of vehicle parking bays and

associated parking signage must be installed in accordance with the approved detailed design plans to the specifications and satisfaction of the City of Bunbury.

11. Before the development is occupied/operated, lighting must be provided on site for the

access way(s), parking area(s), circulation and turning area(s) to the specification and satisfaction of the City of Bunbury. Detailed design plans are to be prepared and submitted to the City of Bunbury for approval prior to construction commencing.

12. Prior to commencing development, a Traffic Management Plan prepared by a suitably

qualified person or body in accordance with Main Roads Western Australia’s Code of Practice is to be submitted for the approval of the City of Bunbury.

13. Prior to commencing development, a Stormwater and Drainage Management Plan

prepared by a suitably qualified person or body in accordance with the Department for Water’s Stormwater Management Manual is to be submitted for the approval of the City of Bunbury. The Stormwater and Drainage Management Plan will determine the drainage infrastructure required to support the development, and as a minimum, it must address:

(a) proposed development; (b) storm events to be managed; (c) onsite-retention for 1:1 year events; (d) onsite-detention for 1:10 year events; (e) effects of groundwater; (f) overland flow paths for larger events; (g) details of any proposed drainage connections for stormwater discharge from

properties to the street network; (h) application of water sensitive urban design principles; (i) water quality; (j) protection of adjacent/nearby waterways and wetlands; and (k) conclusions and recommendations.

14. Before the development is occupied/operated, the recommendations of the approved

Stormwater and Drainage Management Plan must be constructed and implemented to the specifications and satisfaction of the City of Bunbury.

15. All construction activities must be undertaken so as to avoid dust nuisance to occupiers of

land in vicinity of the development site to the specification and satisfaction of the City of Bunbury.


16. Prior to commencing development, an application to construct or install an apparatus for

the treatment of sewage and the disposal of effluent and liquid wastes must be prepared and submitted for the approval of the City of Bunbury, in accordance with the Health (Treatment of Sewage and Disposal of Effluent and Liquid Waste) Regulations 1974.

17. The designated ‘wash down area’ as shown on the approved development plans must be

constructed and operated at all times in accordance with the detailed design plans and specifications to the satisfaction of the City of Bunbury.

18. Before the development is occupied/operated, a notification, pursuant to section 70A of

the Transfer of Land Act 1893, is to be placed on the certificate(s) of title of the lot(s), including any strata or survey strata lot, falling within, or partially within, a ‘bushfire prone area’ as designated by an Order made by the Fire and Emergency Services Commissioner under section 18P of the Fire and Emergency Services Act 1998, advising of the existence of a hazard or other factor. The notification is to state as follows:

“This land is within a ‘bushfire prone area’ as designated by an Order made by the Fire and

Emergency Services Commissioner under section 18P of the Fire and Emergency Services Act 1998, and may be subject to a Bushfire Management Plan or Bushfire Protection Criteria Assessment.”

19. Prior to commencing development, an acid sulfate soils self-assessment form is to be

prepared and submitted to the satisfaction of the City of Bunbury. If required as a result of the self-assessment, an acid sulfate soils report and an acid sulfate soils management plan prepared by a suitably qualified person or body and approved by the Department of Water and Environmental Regulation is to be submitted to the local government, to the satisfaction of the City of Bunbury, prior to any development commencing. Where an acid sulfate soils management plan is required to be submitted, all development works are to be carried out in accordance with the approved management plan.

Advice Notes: (a) The City of Bunbury advises that where a development approval contains conditions which

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

(b) An application for an extension of time to an existing development approval is required to

be made as 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.

(c) The development the subject of this development approval is also regulated by the

Western Australia Building Act 2011, Building Regulations 2012 and Building Code of Australia (BCA). A separate building permit must be granted before the development commences, where offences occur statutory penalties apply. The owner is advised to liaise further with the City of Bunbury’s Building Services on (08) 9792 7000.


(d) In relation to conditions 4 and 5, the applicant is advised that for an industrial road network

the constructed carriageway width is to be a minimum of nine metres and that intersection truncations are to be 10 metres by 10 metres (subject to allowing for the swept path of a 27.5 metre length B-Double design vehicle). Reinforced flush kerbing is required to allow for stormwater run-off into the reconstructed roadside swale.

(e) In relation to conditions 8, 9 and 10, the applicant is advised that parking signage is to

specify that the maximum dimensions and mass of any vehicles accessing the service station development and/or parking on-site is restricted to 27.5 metre long B-Double design vehicles.

(f) Where a new crossover is proposed, and before construction of it can commence, a

separate verge crossover application is to be submitted for approval by the City of Bunbury. A permit application form can be obtained on the City of Bunbury’s website www.bunbury.wa.gov.au.

(g) It is advised that the subject land is located in a high groundwater table area. Treatments

such as subsoil drainage may be required in order to prevent any increases to groundwater table levels on adjoining properties.

(h) It is the applicant’s responsibility to ensure that 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.

(i) The City of Bunbury advises that the development the subject of this development

approval must comply with the Environmental Protection Act 1986 and the Environmental Protection (Unauthorised Discharge) Regulations 2004 in relation to discharges into the environment. Further information can be obtained from the City of Bunbury’s Environmental Health Services on (08) 9792 7100.

(j) An application for a septic system is required to be prepared and submitted to the City of

Bunbury for approval where the disposal of waste water is proposed to be on-site. This type of application needs to be treated in the same manner as that for a wash down bay. Further information on the specifications and locating of septic systems can be obtained from the City of Bunbury’s Environmental Health Services on (08) 9792 7100.

(k) It is advised that leach drains and associated soak wells for the disposal of waste water

should not be located beneath areas subject to vehicular traffic. (l) The applicant is advised that 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 authority(s) before commencing any site works to ensure that your statutory responsibilities or obligations are met.

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


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 Planning, Lands and Heritage on (08) 6551 7963 or at https://www.daa.wa.gov.au/heritage/aboriginal-heritage/sites/

(m) Condition 19 makes reference to an ‘acid sulfate soils self-assessment form’. This form can

be downloaded from the Western Australian Planning Commission’s website at www.planning.wa.gov.au. The ‘acid sulfate soils self-assessment form’ makes reference to the Department of Water and Environmental Regulation’s ‘Identification and Investigation of Acid sulfate Soils’ guidelines. This guideline can be obtained from the Department of Water and Environmental Regulation’s website at: www.der.wa.gov.au.

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

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

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

Property Address: Lot 202 and Lot 251 Wimbridge Road, Picton

Landowner: Palmwood Holdings Pty Ltd

Zoning: Lot 202 ‘Light Industry Zone’

Lot 251 ‘Light Industry Zone’ and ‘Primary Regional Roads Reserve’

Existing Land Use: Vacant land

Lot Area: Lot 202 4,403 m²

Lot 251 8,047 m²

At the time of preparing this report, Local Planning Scheme No. 8 (LPS8) was in the process of final approval. Given the imminent gazettal of LPS8, the new zoning and land use classifications were taken into consideration in assessing the proposal and formulating a recommendation. As such, the majority of the subject site is included in the ‘Light Industry Zone’ under the new Scheme, with the southern portion of Lot 251 Wimbridge Road also included in the ‘Primary Regional Roads Reserve’ under the Greater Bunbury Region Scheme (GBRS). Furthermore, the proposed development site is bounded to the north by Winsor Street and to the west by Willinge Drive, both of which are ‘Primary Regional Roads Reserve’, and abuts Wimbridge Road to the east which is a ‘Local Road Reserve’. A location plan and photographs of the subject site and its surrounds are attached at Appendix DPDS-2. The site plan shows that the proposed unmanned service station will be entirely contained within that portion of the land included in the ‘Light Industry Zone’. The land use class of ‘service station’ is a discretionary ‘D’ use in this zone under LPS8; and as such, the location of the proposed service station is appropriate to its setting.

https://www.daa.wa.gov.au/heritage/aboriginal-heritage/sites/

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

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


The applicant has advised that fuelling services will be fully automated and controlled by an outdoor payment terminal that accepts a variety of customer account cards. It is noted that the proposed fuel outlet will serve trucks in transit to the Bunbury Port. In addition, the proposal also includes a large pylon sign that will be erected on the Willinge Drive frontage. The proposal does not involve the construction of any buildings or the installation of a canopy, unlike that of other conventional retail service stations. The original proposal was referred to relevant state government agencies and service providers in accordance with the GBRS requirements. Main Roads Western Australia’s comments and recommendations advocated for the need to make significant road widening and carriageway improvements in order to accommodate a round-about for 36.5 metre long road train movements at the intersections of Willinge Drive, Winsor Street and Wimbridge Road. The applicant has reviewed these comments and has since submitted a revised plan of development: (a) showing all vehicle access to the site being gained from Wimbridge Road (i.e. a ‘Local Road

Reserve’); and (b) clarifying that the development is to service commercial vehicles of up to 27.5 metres in

length (i.e. a B-Double design vehicle). The revised development plans submitted by the applicant showing access from Wimbridge Road is attached at Appendix DPDS-3. In strict interpretation of the statutory requirements, the revised development proposal does not require approval under the GBRS, as it will not be gaining access from a ‘Primary Regional Roads Reserve’. The Department of Planning, Lands and Heritage has also confirmed that the revised development application does not require approval under the GBRS. Although no longer requiring development approval under the Regional Planning Scheme, the proposal has been assessed in accordance with the Local Planning Scheme requirements and in light of comments provided by other state government agencies and service providers. 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; - City of Bunbury Local Planning Strategy; and - City of Bunbury Local Planning Scheme No. 8 (LPS8). Officer Comments Clause 67 (za) of the Planning and Development (Local Planning Schemes) Regulations 2015 specifies that the local government is to have due regard to comments or submissions received from any authority consulted prior to the determination of an application for development approval. The provision does not stipulate that all advice and recommendations provided by authorities should be applied without scrutiny or weighing the advantages and disadvantages that it may bring to the community.


Specifically, in considering any recommended conditions of development approval provided by a referral agency, the local government is to be satisfied that it has not inadvertently applied conditions that could be found to be either ultra vires or ambulatory in nature. The applicant argues that MRWA’s request for major upgrading of the Willinge Drive and Winsor Street intersection and the setting aside of an extensive area of land for road widening at the intersection of Winsor Street and Wimbridge Road are beyond the scope of the development application and would be detrimental to the viability of the development proposal under consideration. The City of Bunbury has attempted to negotiate a mutually beneficial development outcome by facilitating a number of discussions and written communications between the applicant and MRWA - in relation to the proposed development impacts and the requisite road improvement works that can reasonably be carried out by the applicant. However, no compromise agreement could be reached that satisfied both MRWA’s expectations and the applicant’s willingness to undertake such road work improvements. The following are the recommendations from MRWA: ‘1. The Willinge Drive / Winsor Street intersection is required to be upgraded to the specifications

of Main Roads, including road widening, provision of kerbing and drainage of the road. Design details to be submitted to Main Roads for approval to construction. The swept paths provided by the applicant and Main Roads in relation to Winsor Street / Willinge Drive intersection (north side) show a minor widening of the pavement and new curbing works are required to accommodate typical swept paths.

2. The Winsor Street / Wimbridge Road intersection is required to be upgraded to the

specifications of Main Roads, including the ceding of land to facilitate road widening, widening of the road, provision of kerbing and drainage of the road. Design details to be submitted to Main Roads for approval prior to construction. Vehicles approaching the Winsor Street / Wimbridge Road intersection from Wimbridge South would not be able to execute a left-turn movement into Winsor Street without the swept path traversing a significant area of the road verge and existing open drainage infrastructure. This justifies Main Roads request for an upgrade of Winsor Street / Wimbridge Road intersection which includes widening of the road pavement, curbing and drainage requirements.

3. A Drainage Management Plan is to be prepared in consultation with Main Roads, approved

and implemented for the development to manage the modifications to existing drainage patterns across the site and to ensure that drainage from the development, including any pollutants is not discharged into the Main Roads drainage network.

4. Road reserve widening for the future roundabout at the Winsor Street / Willinge Road

intersection to be ceded free of Cost to the crown for the purpose of road widening.’


Willinge Drive and Winsor Street are both included in the ‘Primary Regional Roads Reserve’ under the GBRS, and as such, are controlled and managed by MRWA. Main Roads Western Australia’s recommendations in relation to the upgrading of this section of the ‘Primary Regional Roads Reserve’ to their desired standard are based on the authority’s speculation that the proposed development will ultimately service 36.5 metre long road trains. However, the proposed service station is designed as intended to service the needs of commercial vehicles of up to 27.5 metres in length, which gain access to the development site from and to Wimbridge Road. The applicant has stated that the subject site is suitable for their purposes, as in their opinion ‘the current Willinge Drive and Winsor Street intersection appears to have been designed and constructed for the 27.5m trucks that already used Winsor Street and Wimbridge Road.’ It is reasonable then to conclude that given the proposed service station intends to only accommodate and serve trucks of up to 27.5 metres in length, such a development outcome would not warrant the ceding of land and the upgrading of the Willinge Drive and Winsor Street intersection to a primary regional road like standard as desired by MRWA. Furthermore, MRWA has confirmed that Willinge Drive and Winsor Street have been developed to a standard that can be used by 27.5 metre long B-Double design vehicles. Therefore, it can be considered unreasonable to expect that the proponent should be responsible for upgrading these sections of ‘Primary Regional Roads Reserve’ to service the needs of 36.5 metre long design vehicles. The applicant’s justification in support of this application for development approval is attached at Appendix DPDS-4. A swept paths diagram was provided by the applicant in support of their proposal and is attached at Appendix DPDS-5. The swept paths diagram shows access points and traffic movements in the immediate locality adjacent to the development site. It shows the anticipated traffic movement and access points as applied to a 27.5 metre long B-Double design vehicle. The City’s planning and engineering staff have analysed the swept paths diagram provided by the applicant, and consider that this satisfactorily demonstrates that the development proposal would not necessarily require the upgrading of Willinge Drive and Winsor Street as recommended by MRWA. It is also considered that the road widening request by MRWA is substantially over and above that deemed necessary, that being the recommended 10 metre by 10 metre truncation at the intersection of Wimbridge Road and Winsor Street. The development proposal also includes a large pylon sign with a maximum sign face area of 14m². The proposed sign complies with Local Planning Policy: Signage and Advertisement except that the proposed height of seven metres is inconsistent with the policy, which specifies a maximum height of 6.5 metres above the natural ground level. The proposed sign will be located in the outer suburbs of the city fronting a wide ‘Primary Regional Roads Reserve’ (Willinge Drive). It is considered that the proposed height will not result in the sign being visually dominant or unsightly in that locality; and therefore the proposed variation to the policy can be supported. Details of the proposed large pylon sign are included as part of the submitted development plans attached at Appendix DPDS-3. In conclusion, while limited road widening and some upgrading of the carriageway will be required in order to satisfy local government specifications for a local industrial road, the proposed service station and the associated large pylon sign can be granted development approval subject to applicable standard and site specific development conditions, as outlined in the executive


recommendation, which soundly and proportionately balances the required road improvement works relative to that of the likely impacts of the proposed development on the local and regional road network. The appreciable difference between the portion of Lot 202 being required for a truncation as a condition of development approval by the local government, compared to that indicated by MRWA’s own land requirement, is shown in the Design Vehicle Swept Paths Diagrams attached at Appendix DPDS-4. Consequently, MRWA is encouraged to engage with the landowner through a separate process to more successfully achieve the authority’s desired regional road development outcomes, such as through negotiated land acquisition (i.e. under section 168 of the Land Administration Act 1997) to secure a wider road reserve and the consequential reservation of that land through an amendment to the GBRS, which the City of Bunbury can facilitate as required by the WAPC. Options In accordance with clause 68 of the deemed provisions under the Planning and Development (Local Planning Schemes) Regulations 2015, the local government may determine an application for development approval by: (a) granting development approval without conditions; or (b) granting development approval with conditions; or (c) refusing to grant development approval. The executive recommendation is to grant development approval, based on the merits of the proposal being in accordance with orderly and proper planning. 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. While the recommended conditions of development approval will require limited road widening and some upgrading of the carriageway to be undertaken by the proponent, in order to satisfy local government specifications for a local industrial road, the granting of development approval for the proposal with the conditions as set out in the executive recommendation will not affect Council’s capital works budget. Alternatively, Council may impose conditions as requested by MRWA on behalf of that authority for the widening and upgrading of the Willinge Drive, Winsor Street and Wimbridge Road intersections to the higher order specifications for a primary regional road. However, in making such a determination, Council would need to be convinced that there was both a need and nexus for such conditions, in satisfying itself that: (a) the development so as to operate would likely be accessed by a significant number of

36.5 metre length design vehicles that were mainly dependent upon these intersections for access to the site –and that this would potentially cause an unreasonable impact on the function and service level of the local road network; and


(b) the upgrading works at these intersections was the sole responsibility of the proponent due

to the amount of traffic generated by the development and the number of vehicles accessing the site - and that this would disproportionately contribute to the predominant volume of traffic using the regional road network.

If the applicant was aggrieved by Council’s decision they may apply for a review of the decision through the State Administrative Tribunal (SAT). If the decision was forwarded to the SAT for appeal, then the City of Bunbury may incur legal costs. Given that the applicant has confirmed in writing their support for the executive recommendation, an appeal against any of the reasonable and relevant conditions of the development approval are not expected and would be confidently defendable in any case. However, officers would not be confident with imposing conditions in line with those as recommended by MRWA, and as such, it could be expected that the Council would then carry the responsibility (i.e. not MRWA) for defending the appeal and any resulting costs incurred. Community Consultation The development proposed is for a discretionary ‘D’ use under the Zoning Table, and therefore is of a type that does not require public advertising. Nevertheless, comment was sought from relevant state government agencies and infrastructure service providers. The resulting referral agency comments are attached at Appendix DPDS-6. Councillor/Officer Consultation The proposal has been referred to the City of Bunbury’s Development Coordination Unit (DCU) for professional advice and technical assessment prior to the finalisation of this report Applicant Consultation The officer’s draft recommendation has been communicated with the applicant. The applicant has since confirmed their support for the executive recommendation and that the application should be determined on the basis of the submitted development plans. Delegation of Authority This application for development approval has been referred to Council for its determination, as it is considered that the MRWA’s requirement for the upgrading of the Winsor Street / Wimbridge Road intersection and associated road widening are not considered to be adequately justifiable - in terms of satisfying the Newbury Principles in relation to the following three tests when considering imposing conditions of development approval: 1. It must be imposed for a planning purpose; 2. It must fairly and reasonably relate to the development for which permission is being given;

and 3. It must be reasonable.


Furthermore, MRWA’s requested intersection upgrading and road widening conditions are outside the local government’s scope of principles for seeking development contributions as set out in State Planning Policy 3.6 Development Contributions for Infrastructure (i.e. are not a standard development contribution requirement outlined in Appendix 1 of the State Planning Policy). While staff have provided justification as to why MRWA’s recommendations should be set aside, the delegation to grant development approval as per the executive recommendation in such circumstances more appropriately rests with Council.

Outcome – Council Meeting 17 April 2018

Pursuant to Standing Order 5.5 the recommendation (as printed) from the Executive was moved Cr Cook seconded Cr McCleary and adopted (’en bloc’) to become the Council’s decision on the matter.

Council Decision 117/18

That Council:

Approve the development application for a ‘service station’ use at Lots 202 and 251 Wimbridge Road, Picton, in accordance with the City of Bunbury Local Planning Scheme No. 8 (LPS8) subject to the following conditions: 1. At all times, the development the subject of this development approval must comply with the

definition of a ‘service station’ land use class as contained in Part 6 of the City of Bunbury Local Planning Scheme No. 8 (LPS8).

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. Before the development is occupied/operated, the following infrastructure items must be

provided and/or upgraded to the specifications and satisfaction of the City of Bunbury: (a) Modifications to Wimbridge Road are to be undertaken to bring that section of road

up to the relevant standards of the Austroads design guidelines for an applicable industrial road. This is to include the reconstruction and widening of the road pavement, provision of reinforced flush kerbing, provision of drainage infrastructure and provision of public street lighting. The extent of the upgrade works on Wimbridge Road will be for the full length of the property boundary with frontage to Wimbridge Road, from and including the road intersection at Winsor Street.

(b) Modifications to the intersection of Wimbridge Road and Winsor Street are to be undertaken to bring that section of road up to the relevant standards of the Austroads design guidelines for an applicable industrial road. This is to include the reconstruction and widening of the road pavement, provision of reinforced kerbing, provision of drainage infrastructure and provision of public street lighting. The extent of the upgrade works on Winsor Street will be determined by that section of road


affected by the need to service the swept path of a 27.5 metre length B-Double design vehicle.

Detailed design plans of the infrastructure upgrade works are to be prepared and submitted to the local government, to the specifications and satisfaction of the City of Bunbury, for approval prior to construction commencing.

5. Before the development is occupied/operated, the area of land marked on the approved

development plan(s) for the purpose of road widening must be ceded free of cost to the City of Bunbury (i.e. an area of 10 metres by 10 metres for road widening at the corner of Wimbridge Road and Winsor Street).

6. Before the development is occupied/operated, any alterations, relocation or damage of

existing infrastructure within the road reserve must be completed and reinstated to the specifications and satisfaction of the City of Bunbury.

7. Prior to commencing development, a damage bond to the value of $10,000 must be paid to

the City of Bunbury in accordance with Local Planning Policy: Bonds. 8. Prior to commencing development, detailed design plans are to be prepared and submitted to

the local government in accordance with the relevant Australian Standards, Austroads Guides and City of Bunbury requirements for all on-site accessways, pedestrian movement, vehicle circulation and parking requirements, to the satisfaction of the City of Bunbury. Once detailed design plans are approved, construction is to be in accordance with the approved plans and must be completed before the development is occupied/operated.

9. The maximum dimensions and mass of any vehicle permitted to access and/or park within

the property boundaries of the development site at any time is to be limited to that of a 27.5 metre length B-Double design vehicle.

10. Before the development is occupied/operated, line marking of vehicle parking bays and

associated parking signage must be installed in accordance with the approved detailed design plans to the specifications and satisfaction of the City of Bunbury.

11. Before the development is occupied/operated, lighting must be provided on site for the

accessway(s), parking area(s), circulation and turning area(s) to the specification and satisfaction of the City of Bunbury. Detailed design plans are to be prepared and submitted to the City of Bunbury for approval prior to construction commencing.

12. Prior to commencing development, a Traffic Management Plan prepared by a suitably

qualified person or body in accordance with Main Roads Western Australia’s Code of Practice is to be submitted for the approval of the City of Bunbury.

13. Prior to commencing development, a Stormwater and Drainage Management Plan prepared

by a suitably qualified person or body in accordance with the Department for Water’s Stormwater Management Manual is to be submitted for the approval of the City of Bunbury. The Stormwater and Drainage Management Plan will determine the drainage infrastructure required to support the development, and as a minimum, it must address:

(a) proposed development; (b) storm events to be managed; (c) onsite-retention for 1:1 year events;


(d) onsite-detention for 1:10 year events; (e) effects of groundwater; (f) overland flow paths for larger events; (g) details of any proposed drainage connections for stormwater discharge from

properties to the street network; (h) application of water sensitive urban design principles; (i) water quality; (j) protection of adjacent/nearby waterways and wetlands; and (k) conclusions and recommendations. 14. Before the development is occupied/operated, the recommendations of the approved

Stormwater and Drainage Management Plan must be constructed and implemented to the specifications and satisfaction of the City of Bunbury.

15. All construction activities must be undertaken so as to avoid dust nuisance to occupiers of

land in vicinity of the development site to the specification and satisfaction of the City of Bunbury.

16. Prior to commencing development, an application to construct or install an apparatus for the

treatment of sewage and the disposal of effluent and liquid wastes must be prepared and submitted for the approval of the City of Bunbury, in accordance with the Health (Treatment of Sewage and Disposal of Effluent and Liquid Waste) Regulations 1974.

17. The designated ‘wash down area’ as shown on the approved development plans must be

constructed and operated at all times in accordance with the detailed design plans and specifications to the satisfaction of the City of Bunbury.

18. Before the development is occupied/operated, a notification, pursuant to section 70A of the

Transfer of Land Act 1893, is to be placed on the certificate(s) of title of the lot(s), including any strata or survey strata lot, falling within, or partially within, a ‘bushfire prone area’ as designated by an Order made by the Fire and Emergency Services Commissioner under section 18P of the Fire and Emergency Services Act 1998, advising of the existence of a hazard or other factor. The notification is to state as follows:

“This land is within a ‘bushfire prone area’ as designated by an Order made by the Fire and

Emergency Services Commissioner under section 18P of the Fire and Emergency Services Act 1998, and may be subject to a Bushfire Management Plan or Bushfire Protection Criteria Assessment.”

19. Prior to commencing development, an acid sulfate soils self-assessment form is to be

prepared and submitted to the satisfaction of the City of Bunbury. If required as a result of the self-assessment, an acid sulfate soils report and an acid sulfate soils management plan prepared by a suitably qualified person or body and approved by the Department of Water and Environmental Regulation is to be submitted to the local government, to the satisfaction of the City of Bunbury, prior to any development commencing. Where an acid sulfate soils management plan is required to be submitted, all development works are to be carried out in accordance with the approved management plan.

CARRIED 8 votes “for” / Nil votes “against”


10.4 Communications and Engagement Strategy 2018 – 2022 (was listed as item 10.3.1 of the

Council Agenda)

Applicant/Proponent: Internal

Responsible Officer: Isabell Evans, Manager Tourism, Events and Promotions

Responsible Manager: Isabell Evans, Manager Tourism, Events and Promotions

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


☒ Executive/Strategic

☐ Legislative

☐ Review

☐ Quasi-Judicial


Attachments: Appendix DCCS-1: Communications and Engagement Strategy 2018 - 2022

Summary The purpose of this report is for Council to consider endorsing a Communications and Engagement Strategy 2018 – 2022 following the creation of a working group and inclusion of project funding in the 2017/18 budget (Council Decision 328/17).

Executive Recommendation That Council: 1. Endorse the draft Communications and Engagement Strategy 2018 – 2022 as presented

and request the CEO implement the recommendations as stated; 2. Request the Chief Executive Officer present a progress report detailing implementation of

the Strategy within 12 months. Voting Requirement: Simple Majority Required Strategic Relevance Theme 4: Our City Goal: Civic leadership, partnerships and sound governance in delivering with and

for the community Objective 4.2: A highly-engaged and involved community, working together on strategy

development and implementation Background

At the Council meeting held 21 March 2017, Council resolved to create a Working Group comprising Councillors Warnock, McGuinness (since retired) and Hayward, along with relevant officers identified by the Chief Executive Officer, to develop a Terms of the Reference and Consultants Brief to create a Stakeholder Engagement and Marketing Strategy for the City (Council Decision 112/17).


Officers involved in the Working Group were as follows: * Chief Executive Officer; * Director Corporate and Community Services; * Director Works and Services; * Acting Director Planning and Development Services; * Manager Governance; * Manager Tourism, Events and Promotions; * Media and Communications Officer; and * Corporate Marketing Officer. Later in 2017 the Working Group presented a Consultants Brief for review, and Council approved the inclusion of PR-4370 Stakeholder Engagement and Marketing Strategy totalling $30,000 in the 2017/18 budget (Council Decision 328/17). Following a quotation process, strategic planning and research consultancy Catalyse were selected to develop a stakeholder engagement and marketing strategy for the City. Over a three month period Catalyse then worked with the Group through scoping and strategic planning workshops to develop a Communications and Engagement Strategy 2018 – 2022 which is now presented for review. The purpose of the Strategy is to provide the City with a roadmap through which the organisation can communicate and engage with its community more effectively and strategically. An overview of the Strategy is as follows, noting that the below Vision, Principles and Objectives are supported by a five year deliverable Action Plan.

Communications and Engagement Vision By 2022, the City of Bunbury wants to be recognised for adopting creative and proactive approaches to reach and engage audiences with clear, authentic, persuasive and consistent messages that build excitement about Bunbury.

Guiding Principles The City of Bunbury has eight guiding principles for effective communication and engagement: 1. Demonstrate a strong commitment to communications across all levels and teams; 2. Allocate adequate time and resources to communications and engagement; 3. Commitment to engage early; 4. Assist stakeholders to provide informed opinions by providing supporting information; 5. Be proactive, clear, consistent and relevant; 6. Be accessible to all members of the community; 7. Be open and accountable; 8. Close the loop; communicate how feedback has been used to support decisions.


Communication and Engagement Objectives The City has four core communication and engagement objectives: 1. Increase awareness; 2. Increase knowledge and understanding; 3. Change attitudes (i.e. gain acceptance); 4. Change behaviours (i.e. build commitment).

Strategic Campaigns Strategic campaigns address the highest priority objectives and are reviewed by the City annually. The City has identified five strategic campaigns for 2018: 1. Increase pride in Bunbury; 2. Increase awareness and support for the City’s vision; 3. Increase awareness of major projects and how the City is progressing with milestones; 4. Cultivate a ‘can do’ culture; 5. Increase internal awareness and commitment to the Communication and Engagement

Strategy.

Council Policy Compliance Council’s Media Statements policy relates to this report and will be reviewed in due course by the Policy Development and Review Committee and Communications Team. Legislative Compliance Not applicable. Officer Comments Following the October Council Election, Mayor Gary Brennan joined the Working Group thus increasing Council representation from three (3) to four (4) places. Whilst originally titled a stakeholder engagement and marketing strategy, the Communications and Engagement Strategy is current named as such to ensure the document encompasses all of the ways in which the City communicates with his stakeholders, rather than focusing solely on marketing. The current Communications Team consists of a full-time Media & Communications Officer and full-time Marketing Officer, under the direction of the Manager Tourism, Events & Promotions and then the Director Corporate & Community Services. Whilst daily communications can always become more strategic and continuous improvement is undertaken by the Communications Team, many of the items contained within the Strategy’s Action Plan require additional resourcing in order to be implemented successfully. These include the development and implementation of an internal communications program to ensure all City departments are appropriately communicating important information to their stakeholders, as well as developing a stakeholder engagement process and database.


In order to achieve these goals, and in particular to address item 20 of the Action Plan (Develop a business case for appointing a senior communications and economic development specialist and supporting roles), on Thursday 8 February 2018 the Working Group met with the Chief Executive Officer and Director Corporate and Community Services. During this meeting the Chief Executive Officer discussed the way forward he intended to take regarding future staff appointments to enable the City to deliver the outcomes identified in the strategy. To this end, a highly experienced senior level Stakeholder Engagement Coordinator has now been appointed and will commence employment on Wednesday 18 April 2018. This is a new position reporting directly to the Manager. This position will focus on developing a streamlined and consistent approach to the way in which the City engages with its various stakeholders, as well as supporting enhanced community consultation initiatives. The City is also currently filling the vacant Marketing Officer position which will involve an enhanced focus on streamlining marketing across the City’s various facilities as well as destination marketing activities. The Manager Tourism, Events and Promotions will provide a report regarding implementation of the Strategy to the Executive Leadership Team on an annual basis, and it is proposed that the Chief Executive Officer then present a report to Councillors. As the Strategy was completed prior to Council’s endorsement of the new Strategic Community Plan 2018 – 2028 (SCP), staff have now made minor changes to the document where it references the SCP, namely in Section 3: Links to the Strategic Community Plan and Code of Conduct. Analysis of Financial and Budget Implications Project PR-4370 Stakeholder Engagement and Marketing Strategy totalling $30,000 is included within the 2017/18 budget. The fixed-term Stakeholder Engagement Coordinator position has been funded through the City’s existing Workforce Plan. Community Consultation Not applicable. This report seeks the endorsement of a Strategy through which the City will more effectively consult with the community and its various other stakeholders. Councillor/Officer Consultation The working group comprised the following staff and Councillors: * The Mayor and Councillors Warnock, Hayward and McGuinness (retired); * Chief Executive Officer; * Director Corporate and Community Services; * Director Works and Services; * Acting Director Planning and Development Services; * Manager Governance; * Manager Tourism, Events and Promotions; * Media and Communications Officer; * Corporate Marketing Officer.


Outcome – Council Meeting 17 April 2018 Cr Warnock moved and Cr Cook seconded the following motion, which was a slight variation of the executive recommendation, namely changing point 2 to read “6 months” rather than “12 months”. The Deputy Mayor put the motion to the vote and it was adopted to become the Council’s decision on the matter.

Council Decision 118/18 That Council 1. Endorse the draft Communications and Engagement Strategy 2018 – 2022 as presented and

request the CEO implement the recommendations as stated; 2. Request the Chief Executive Officer present a progress report detailing implementation of the

Strategy within 6 months. CARRIED 7 votes “for” / 1 vote “against”


10.5 Application to Amend Development 2017/142/1 (Deletion of Condition 11) at Lot 575 (#109) Ocean Drive, Bunbury (was listed as item 10.4.3 of the Council Agenda)

File Ref: DA/2017/142/2

Applicant/Proponent: R & M Prosser & Son

Responsible Officer: Anthony Pick, Senior Planning Officer

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




☐ Legislative

☐ Review

☒ Quasi-Judicial


Attachments: Appendix DPDS-7: Development Approval Decision Notice and Plans Appendix DPDS-8: Applicant’s Letter of Justification Appendix DPDS-9: Applicant’s Letter of Response

Summary Council resolved to grant development approval for the construction of six grouped dwellings on the subject lot at its meeting of 28 November 2017. A copy of the development approval notice and Plans are attached at Appendix DPDS-7. The applicant has applied for Council to reconsider its decision and to delete condition 11 of the development approval which requires a footpath contribution of $2,727. Clause 67 of the Planning and Development (Local Planning Schemes) Regulations 2015 identifies that the availability and adequacy of access for pedestrians and cyclists is a matter that local government is to have due regard to in considering an application for development approval. There is currently no footpath on either side of Stockley Road adjacent to the development site and the construction of six houses will increase pedestrian usage along Stockley Road. There is a clear need and nexus between the proposed development and the required footpath contribution, which meets the legal test for imposing a planning condition. Therefore, in the interests of orderly and proper planning it is recommended that the application to delete the condition relating to the footpath contribution is refused. Executive Recommendation That Council, pursuant to Clause 77 (4) of the Planning and Development (Local Planning Schemes) Regulations 2015 refuses the amended development application to delete condition 11 of development approval DA/2017/142/1 for six grouped dwellings at Lot 575 (#109) Ocean Drive, Bunbury.

Voting Requirement: Simple Majority Required

Strategic Relevance

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

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


Background

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

Property Address: Lot 575 (#109) Ocean Drive, Bunbury

Zoning: Residential (R40/60)

Existing Land Use: Vacant land

Lot Area: 1,138m²

Council resolved (Council Decision 428/17) on 28 November 2017 to grant conditional development approval for six grouped dwellings. This application seeks to delete condition 11 of the development approval which states:

‘Before the development is commenced, a pathway network contribution of $2,727 must be paid to the City of Bunbury in accordance with the City of Bunbury’s adopted Schedule of Fees and Charges’.

Legislative and Council Policy Compliance The following statutory planning instruments of the State Planning Framework and Local Planning Framework are applicable to the assessment of this application for development approval: - Planning and Development Act 2005 - Planning and Development (Local Planning Schemes) Regulations 2015 - State Planning Policy 3.1 Residential Design Codes (R-Codes) - State Planning Policy 3.6 Development Contributions for Infrastructure - City of Bunbury of Bunbury Local Planning Strategy - City of Bunbury of Bunbury Local Planning Scheme No. 8 (LPS8) - City of Bunbury of Bunbury Fees and Charges (2017-2018) Officer Comments The applicant has submitted an amended development application requesting the deletion of condition. 11 which requires a contribution towards a pathway network contribution. The applicant contests that the City of Bunbury does not have an approved Council footpath contribution policy as a legal basis to request the contribution. In accordance with State Planning Policy 3.6 Development Contributions for Infrastructure, there are two types of scenario when the City of Bunbury will request contributions towards footpath upgrade works. The first scenario, such as this application, is where there is an identified need and nexus between the proposed development and the requirement to appropriately address and manage off site impacts resulting from the development. No footpath exists on Stockley Road connecting Back Beach to development to the east. The second scenario is where the City of Bunbury will seek a contribution towards upgrading the wider pedestrian network in the locality. It is this latter scenario that the Council footpath contribution policy will set out the circumstances when the City of Bunbury will impose the contribution requirement and how footpath contribution calculation is derived.


Requirement for Footpath Upgrade For the purposes of assessing the applicant’s request, officers have reviewed the planning condition against the accepted validity tests of a planning condition set out in the Newbury District Council v Secretary of State for the Environment [1981] AC 578 case. In summary, a condition is considered to be a valid condition where: 1. it has a planning purpose; 2. it fairly and reasonably relates to the development; and 3. it is not so unreasonable that no reasonable planning authority could have imposed it. Test 1 – It Has a Planning Purpose Clause 67 of the Planning and Development (Local Planning Schemes) Regulations 2015 identifies that the availability and adequacy of access for pedestrians and cyclists is a matter that local government is to have due regard to in considering an application for development approval. The footpath on the west side of Ocean Drive does not connect to the network east of Greensell Street on Stockley Road. The requirement to upgrade the pedestrian network along the development frontage therefore clearly has a planning purpose. Test 2 – It Fairly and Reasonably Relates to the Development; There is an identified nexus between the development proposal and the requirement for a footpath along the development frontage. The addition of six grouped dwellings will result in an intensification of pedestrian traffic along Stockley Road, where there is no dedicated pedestrian footpath. This form of development is in line with the City of Bunbury’s Local Planning Strategy and LPS8 which is encouraging of urban intensification of high amenity areas. Tandem with such urban infill is the need to upgrade the supporting urban infrastructure. The contribution sought by the City of Bunbury is based on the City of Bunbury’s Schedule of Fees and Charges and does not cover the full cost of constructing a footpath but seeks a balanced and reasonable contribution to infill infrastructure costs. Whilst the applicant could as an alternative construct the footpath to the City of Bunbury’s specification, it should be noted that the costs would be considerably more than the required contribution. The applicant has also contested how the footpath contribution has been calculated and considers that this should be based on Ocean Drive, as the primary street frontage. However, in this case as the lot is a corner lot the footpath contribution calculation has been based on Stockley Road development frontage, as this is where the majority of the development is orientated and where the footpath is required. The condition is therefore considered to fairly and reasonably relate to the development. Test 3 - It is Not So Unreasonable That No Reasonable Planning Authority Could Have Imposed It The City of Bunbury has recently had legal advice for requiring footpath upgrades of Spencer Street (Council Decision 61/18). The City of Bunbury’s solicitor in that case confirmed the reasonableness of seeking footpath upgrade/contributions where there is an identified need/nexus.


The condition is imposed in response to an established planning consideration (i.e. pedestrian linkages/access) and is considered to be proportional and reasonable in its requirement. As such, the City of Bunbury is only seeking a contribution and not the full costs of undertaking the works. Draft Footpath Contribution Policy Officers have prepared a draft policy relating to footpath contributions for development where the City of Bunbury will seek to obtain development contributions as part of upgrading the wider pedestrian pathway network. This does not impact on the ability of the City of Bunbury to secure contributions where there is a direct need and nexus between a development proposal and required footpath upgrades. As footpaths are a standard item of infrastructure that can be sought as a condition of subdivision and development under Appendix 1 of State Planning Policy 3.6 Development Contributions for Infrastructure.

The finalised draft footpath contribution policy has been considered by the Policy Review and Development Committee on 29 March 2018 and will be presented to Council for ratification on 1 May 2018.

Conclusion After carefully reviewing the applicant’s request, it is considered that in this case there is a clear nexus between the proposed development and the required upgrade works. The requirement is consistent with recent legal advice for requiring footpath upgrades of Spencer Street (Council Decision 61/18) where Council’s solicitors confirmed the reasonableness of seeking footpath upgrade/contributions where there is an identified need/nexus. It is therefore recommended that application to delete condition 11 is refused and the condition remains in force as per the original development approval of 28 November 2017. Options In accordance with clause 77 of the deemed provisions under the Planning and Development (Local Planning Schemes) Regulations 2015, the local government may determine an application for amending development approval by: (a) approving the application without conditions; or (b) approving the application with conditions; or (c) refusing the approval. Council may therefore resolve to delete the condition as requested by the applicant. Analysis of Financial and Budget Implications If the applicant is aggrieved by Council’s decision they may apply for a review of the decision through the State Administrative Tribunal (SAT). If the decision is forwarded to the SAT for appeal, the City of Bunbury may incur legal costs. Alternatively, should Council resolve not to require the applicant pay a contribution towards the provision of a footpath then the capital works costs would fall back on the Council.


Community Consultation The proposed amendment does not require public consultation under the Scheme, the Planning and Development Act 2005 or associated Planning and Development (Local Planning Schemes) Regulations 2015. Councillor/Officer Consultation The amended development application has been discussed with relevant planning and engineering department staff. Applicant Consultation The draft officer’s recommendation has been communicated with the applicant. The applicant does not agree with the recommendation, and as such, requested that the matter be presented to Council for determination. The applicant’s letter of justification and subsequent response to the draft recommendation are attached at Appendix DPDS-8 and DPDS-9. Outcome – Council Meeting 17 April 2018 Mr David Prosser and Mr Steve Prosser addressed the Council on this matter. The recommendation (as printed) was moved Cr Kelly, Cr McCleary. The Deputy Mayor put the motion to the vote and it was adopted to become the Council’s decision on the matter.

Council Decision 119/18 That Council, pursuant to Clause 77 (4) of the Planning and Development (Local Planning Schemes) Regulations 2015 refuses the amended development application to delete condition 11 of development approval DA/2017/142/1 for six grouped dwellings at Lot 575 (#109) Ocean Drive, Bunbury. CARRIED 5 votes “for” / 3 votes “against” Cr Miguel, Cr Morris and Cr Brown requested to have their name recoded as voting against.


10.6 Update on Camping Grounds Working Group Recommendations (was listed as item

10.4.4 of the Council Agenda)

File Ref: A06648

Applicant/Proponent: City of Bunbury

Responsible Officer: Kristen Mildwaters, Acting Manager Major Projects and Property

Responsible Manager: Kristen Mildwaters, Acting Manager Major Projects and Property



☒ Executive/Strategic

☐ Legislative

☐ Review

☐ Quasi-Judicial


Attachments: DPDS-10: Interim Report Budget Camping Ground Recommendations

Summary The City of Bunbury has been investigating the recommendations put forth by the Camping Grounds Working Group and subsequently adopted by Council. The results of these investigations are now referred to Council for consideration. Executive Recommendation That Council: 1. Notes and accepts the report attached, Report - Budget Camping Recommendations; 2. Determine not to proceed with Turkey Point as a location for overnight camping; and 3 Following consultation with nearby residents and businesses, agrees to implement a trial of

overnight camping at Cobblestone Drive.

Voting Requirement: Simple Majority Required Strategic Relevance

Theme 3: Our places and spaces Goal: A natural and built environment that reflects Bunbury’s core values. Objective 3.7: Management of significant natural areas which provides for human

enjoyment while protecting habitat and environmental values for generations to come

Background In April 2016, following a request to investigate low cost or budget camping options for Bunbury, Council endorsed the establishment of a working group. Council Decision 129/16 That Council support the establishment of a working group to undertake a review for the establishment of budget camping sites around the City.


Following extensive review of the ‘Budget Camping Report’ prepared in conjunction with the ‘Camping Grounds Working Group’ (CGWG) in February 2017, Council endorsed 8 key recommendations. Council Decision 38/17 That Council: 1. Notes the “Budget Camping “Report 2. Accepts eight (8) Key Recommendations, as amended Recommendation 1 The City of Bunbury request a Bunbury-Wellington and Boyup Brook regional review into caravan and RV friendly applications as well as free and low cost camping options through the Bunbury- Wellington and Boyup Brook Tourism Strategy and/or the Greater Bunbury Growth Plan. This should include: a) Identification of free and low cost camping sites within the region; b) Investigate and determine regional promotion of caravan parks and free/low cost camping

sites within the region; c) Investigate and determine a collective Bunbury-Wellington and Boyup Brook position to

address compliance and enforcement matters for illegal camping. This is to ensure consistency of message and visitor experience;

d) Investigation and implementation of caravan and RV friendly day-time access, parking,

information and signage throughout the Bunbury-Wellington and Boyup Brook region; e) Develop a Bunbury-Wellington and Boyup Brook Regional Marketing and Implementation

Plan, to include a specific Bunbury-Wellington and Boyup Brook Regional Signage Strategy; and

f) Support a review of perceived adverse regulations for park operators. That is regulations

that do not take into consideration self-contained campers when applying ratio requirements for built infrastructure provision. e.g. showers/toilets.

Recommendation 2 The City of Bunbury develop a formal position in regards to free and low cost camping following the proposed Bunbury-Wellington and Boyup Brook review into caravan and RV friendly applications. Recommendation 3 The City of Bunbury align its future marketing plans with the Wellington and Boyup Brook Tourism Strategy following the proposed Bunbury-Wellington and Boyup Brook review into caravan and RV friendly applications. Recommendation 4 The City of Bunbury review its level of compliance and enforcement actions regarding free camping options following the proposed Bunbury-Wellington and Boyup Brook review into caravan and RV friendly applications.


Recommendation 5 The City of Bunbury allocate and mark up “RV –Friendly” parking bays at locations around Bunbury’s CBD to encourage visitation of this market segment to Bunbury’s CBD. Recommendation 6 The City of Bunbury develop options, including partnerships with agencies or private sector and costings associated with the establishment and ongoing management of “Turkey Point” as a low cost camping option, with basic infrastructure based on DPaW’s “Camp Host” model. Recommendation 7 The City of Bunbury to investigate and prepare a detailed concept report and plan addressing operational application, infrastructure needs and costs associated for “limited” and “restricted” low cost self-contained only camping at Cobblestone Carpark . The report should include any known or perceived impact upon the existing nearby residents and businesses including Koombana Bay Caravan Park. Recommendation 8 The City of Bunbury acknowledge potential impacts on opportunities for existing caravan park operators to diversify and economically adapt to market forces e.g. self-contained campers. The City will participate in discussions with operators and support them in working with the existing Legislation. Attached at Appendix DPDS-10, is a report on the progress made on each of the recommendations endorsed by Council for consideration and direction. Council Policy Compliance Not applicable at this stage. Legislative Compliance For the purpose of this report, there are no legislative requirements. Camping Grounds are

governed by the Caravan Parks and Camping Grounds Act 1995, the Building Act 2011, the Building Code of Australia, the Caravan Parks and Camping Regulations 1997 and the Residential Tenancies (Long-Stay Tenants) Act 2006. Officer Comments This report has been prepared in order to update Council on the progress of the adopted recommendations put forth by the CGWG and to seek clarification on the locations. After much investigation, the preferred location of Turkey Point appears to have a number of issues that, to deliver a free or low cost camp site, would be both time consuming and costly. Officers recommend not proceeding further with Turkey Point as a location due to the cost, contamination and access issues identified within the report and seeking Council’s approval to the use of the Cobblestone Car Park on a trial basis.


Analysis of Financial and Budget Implications As outlined in the attached report. Community Consultation Community consultation has been undertaken following the formation of the Camping Grounds Working Group and with relevant Government agencies including the Department of Planning, Lands and Heritage, the Department of Biodiversity, Conservations and Attractions (formerly Parks and Wildlife) and the Department of Water and Environmental Regulation. Further consultation and research has been undertaken with the Bunbury-Wellington and Boyup Brook Local Government officers to determine what methods are being used for free or low cost camping within their Local Government areas. It is recommended as per the attached report, further community consultation and engagement be undertaken. Councillor/Officer Consultation The City’s internal departments and a number of external agencies have contributed heavily to the advice provided in the attached report for Council’s consideration. City of Bunbury internal staff include: - Acting Director Planning and Development Services; - Manager Environmental Health and Community Law, Safety and Emergency Management; - Team Leader Environmental Health; - Manager Tourism, Events and Promotions; - Senior Visitor Centre Officer; - Manager Waste Operations; - Manager Landscape and Open Space; - Manager Engineering and Civil Operations; - Team Leader Sustainability and Environmental Planning; - Environmental Officer Sustainability and Environmental Planning; - Team Leader Parking Community Law and Safety; - Team Leader Community Safety and Emergency Management; and - Team Leader Development Assessment and Compliance. Externally, officers consulted with: - The Department of Conservation, Biodiversity and Attractions; - The Department of Planning Lands and Heritage; - Main Roads Western Australia; and - Tourism Marketing and Development Manager, Bunbury Geographe Tourism Partnership.


The following Local Governments were also consulted: - Shire of Capel; - Shire of Collie; - Shire of Dardanup; - Shire of Boyup Brook; - Shire of Donnybrook Balingup; and - Shire of Harvey. Applicant Consultation The City of Bunbury, being the main stakeholder has prepared the report in consultation with community and Government agencies. Outcome – Council Meeting 17 April 2018 Cr Steele moved and Cr Kelly seconded the following motion in lieu of the executive recommendation: That Council:

1. Notes the report attached: Report - Budget Camping Recommendations; and 2. Determine to still consider Turkey Point as a location for overnight camping;

Cr Steele indicated the reason for the motion being different to the executive recommendation was that Turkey Point should still be considered for overnight camping. Cr McCleary sought the consent of the mover and seconder to add a point three as follows, which was agreed to by the mover and seconder:

3. Request the CEO to revisit the possible sites for free camping and bring a further report back to Council for consideration.

The Deputy Mayor put the motion to the vote and it was adopted to become the Council’s decision on the matter.

Council Decision 120/18 That Council 1. Notes the report attached, Report - Budget Camping Recommendations; 2. Determine to still consider Turkey Point as a location for overnight camping; and 3 Request the CEO to revisit the possible sites for free camping and bring a further report back

to Council for consideration. CARRIED 8 votes “for” / Nil votes “against”


11. Applications for Leave of Absence

11.1 Application for Leave of Absence – Cr Brendan Kelly

Applicant/Proponent: Cr Brendan Kelly

Author: Mal Osborne, Chief Executive Officer

Executive: Mal Osborne, Chief Executive Officer

Attachments: Nil

Cr Kelly requests a leave of absence from all Council-related business for the period 18 to 29 April 2018 inclusive. 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 Kelly is granted leave of absence from all Council-related business for the period 18 to 29 April 2018 inclusive. Voting Requirement: Simple Majority Required Outcome – Council Meeting 17 April 2018 The recommendation (as printed) was moved Cr Steele, seconded Cr Cook. The Deputy Mayor put the motion to the vote and it was adopted to become the Council’s decision on the matter.

Council Decision 121/18 Pursuant to Section 2.25 of the Local Government Act 1995, Cr Kelly is granted leave of absence from all Council-related business for the period 18 to 29 April 2018 inclusive. CARRIED 8 votes “for” / Nil votes “against”


11.2 Application for Leave of Absence – Cr Tresslyn Smith

Applicant/Proponent: Cr Tresslyn Smith

Author: Mal Osborne, Chief Executive Officer

Executive: Mal Osborne, Chief Executive Officer

Attachments: Nil

Cr Smith requests a leave of absence from all Council-related business for the period 17 to 24 April 2018 inclusive. 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 Smith is granted leave of absence from all Council-related business for the period 17 to 24 April 2018 inclusive. Voting Requirement: Simple Majority Required Outcome – Council Meeting 17 April 2018 The recommendation (as printed) was moved Cr Cook, seconded Cr Steele. The Deputy Mayor put the motion to the vote and it was adopted to become the Council’s decision on the matter.

Council Decision 122/18 Pursuant to Section 2.25 of the Local Government Act 1995, Cr Smith is granted leave of absence from all Council-related business for the period 17 to 24 April 2018 inclusive. CARRIED 8 votes “for” / Nil votes “against”


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 Nil.

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

15. Meeting Closed to Public

15.1 Matters for which the Meeting may be Closed Nil.

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

16. Closure The Deputy Mayor declared the meeting closed at 6.01pm.

city of bunbury council minutes 17 april 2018 › pdf › council › agendas and minutes ›...

Documents