city of bunbury council minutes 27 june 2017 and minutes/archives … · the minutes of the...

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 27 June 2017

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Table of Contents

Item No Subject Page

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

2. Disclaimer ............................................................................................................................................... 5

3. Announcements from the Presiding Member ........................................................................................ 5

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

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

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

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

6.1 Public Question Time ............................................................................................................. 7 6.2 Responses to Public Questions Taken ‘On Notice’ ................................................................ 7

7. Confirmation of Previous Minutes and other Meetings under Clause 19.1 ........................................... 8

7.1 Minutes .................................................................................................................................. 8 7.1.1 Minutes – Ordinary Council Meeting ..................................................................... 8 7.1.2 Minutes – Council Advisory Committees and Working/Project Groups ............... 8

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

8.1 Petitions ............................................................................................................................... 10 8.2 Presentations ....................................................................................................................... 10 8.3 Deputations ......................................................................................................................... 11 8.4 Council Delegates’ Reports .................................................................................................. 12 8.5 Conference Delegates’ Reports ........................................................................................... 12

9. Method of Dealing with Agenda Business ............................................................................................ 13

10. Reports .................................................................................................................................................. 14

10.1 Disability Access and Inclusion Plan Report 2016/17 (was listed as item 10.1.1 on the Council Agenda) ................................................................................................................................ 14 10.2 Review of Council Policy – Media Statements (was listed as item 10.1.2 on the Council Agenda) 16 10.3 Review of Council Policy – Registration of Freehold Commercial Leases (was listed as item 10.1.3 on the Council Agenda) .......................................................................................................... 18 10.4 Review of Council Policy – Shark Hazard Management (was listed as item 10.1.4 on the Council Agenda) ................................................................................................................................ 20 10.5 Review of Council Policy – Legal Representation for Council Members and Employees (was listed as item 10.1.5 on the Council Agenda) ................................................................................... 22 10.6 Review of Council Policy – Civic Commendations (was listed as item 10.1.6 on the Council Agenda) 24 10.7 Revised Draft Local Planning Policy: Signage and Advertisements (was listed as item 10.1.7 on the Council Agenda) ..................................................................................................................... 26 10.8 Schedule of Accounts Paid for the Period 1 May 2017 to 31 May 2017 (was listed as item 10.2.2 on the Council Agenda) .......................................................................................................... 38

Table of Contents

Item No Subject Page

10.9 Financial Management Report for the Period Ending 31 May 2017 (was listed as item 10.2.5 on the Council Agenda) ..................................................................................................................... 39 10.10 State Library of Western Australia – Regional Model 2017/2018 (was listed as item 10.3.1 on the Council Agenda) ..................................................................................................................... 47 10.11 Proposed Disposal – Lot 3 South Western Highway, Picton (was listed as item 10.4.5 on the Council Agenda) ................................................................................................................................ 52 10.12 Retrospective Development Approval – Outbuilding – Lot 19 (#17) Gregory Street, South Bunbury (was listed as item 10.4.1 on the Council Agenda) ............................................................ 55 10.13 Attendance at the “What does the future of Transport Look Like” Seminar (was listed as item 10.2.1 on the Council Agenda) ................................................................................................. 56 10.14 Proposed Increase in Property Rate Yield for the 2017/18 Budget (was listed as item 10.2.3 on the Council Agenda) ..................................................................................................................... 59 10.15 Items to be Considered in the Draft 2017/18 Annual Budget (was listed as item 10.2.4 on the Council Agenda) .......................................................................................................................... 63 10.16 Elected Member Sitting Fees and Allowances (was listed as item 10.2.6 on the Council Agenda) 69 10.17 Proposed Residential Building at Lot 27 (#15A) Forrest Avenue, South Bunbury (was listed as item 10.4.2 on the Council Agenda) ............................................................................................. 73 10.18 Proposed Electric Fence at Lot 53 (#2) Vasse Street South Bunbury (was listed as item 10.4.3 on the Council Agenda) .......................................................................................................... 84 10.19 Amendments to CBD Parking Arrangements (was listed as item 10.4.4 on the Council Agenda) 90

11. Applications for Leave of Absence ........................................................................................................ 97

11.1 Request for Leave of Absence – Councillor Warnock .......................................................... 97

12. Motions on Notice ................................................................................................................................ 97

13. Questions on Notice ............................................................................................................................. 98

13.1 Response to Previous Questions from Members taken on Notice...................................... 98 13.2 Questions from Members .................................................................................................. 100

14. New Business of an Urgent Nature Introduced by Decision of the Meeting ..................................... 100

15. Meeting Closed to Public .................................................................................................................... 100

15.1 Matters for which the Meeting may be Closed ................................................................. 100 15.2 Public Reading of Resolutions that may be made Public ................................................... 100

16. Closure ................................................................................................................................................ 100

27 June 2017 Minutes – Council Meeting

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

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

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

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

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

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


City of Bunbury Council Minutes

Minutes of the City of Bunbury Council held in the Council Chambers, City of Bunbury Administration Building, 4 Stephen Street, Bunbury on Tuesday, 27 June 2017 at 5.30pm.

Minutes 27 June 2017

1. Declaration of Opening / Announcements of Visitors The meeting was declared open by Mayor Gary Brennan at 5.30pm.

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

3. Announcements from the Presiding Member The Mayor presented a painting received from the City’s Friendship City of Nha Trang, Vietnam. The Mayor advised he met with representatives from the Western Australia Football Commission and South West Football League this week to discuss football aspirations. The Mayor advised he attended a briefing from Alcoa senior executives and the Southern Ports Authority Chief Executive Officer regarding expected changes at the Bunbury Port.


4. Attendance Present:

Council Members:

Presiding Member: Mayor G Brennan

Deputy Presiding Member: Deputy Mayor Councillor B Kelly

Councillor S Morris

Councillor J Jones

Councillor J Hayward

Councillor M Cook

Councillor K Steck

Councillor K Steele

Councillor M Warnock

Councillor J Miguel

Councillor B McCleary

Executive Leadership Team (Non-Voting)

Acting Chief Executive Officer Mr M Osborne

Director Works and Services Mr G Harris

Director Corporate and Community Services Ms S Addison-Brown

Acting Director Planning and Development Services Mrs S Upton

City of Bunbury Officers (Non-Voting)

Manager Information Communications and Technology Mr M Roberts

Manager Finance Mr D Ransom

Manager Governance Mr G Golinski

Acting Manager Major Projects and Property Mrs K Mildwaters

Manager Planning and Development Services Mr T Farnworth

Team Leader Financial Accounting Mrs V Gregg

Team Leader Parking, Community Law, Safety and Emergency Management

Mr N Dyer

Media and Communications Officer Mr J Tatham

Council Meeting Support Officer Ms J Earl

Others (Non-Voting)

Members of the Public 3

Members of the Press 50 (approx.)

4.1 Apologies Nil.

4.2 Approved Leave of Absence Cr Giles is on approved leave of absence from all Council-related business from 30 May 2017 to 17 July 2017 inclusive. Cr McGuinness is on approved leave of absence from all Council-related business from 6 June 2017 to 27 June 2017 inclusive.


5. Declaration of Interest

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

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

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

Cr Brendan Kelly declared a financial interest in item 10.4.2 Proposed Residential Building at Lot 27 (#15A) Forrest Avenue South Bunbury as he is a member of the Board of the proponent. Cr Kelly left the chamber for the duration of the discussion, debate and voting on this 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 13 June 2017 have been circulated. Recommendation The minutes of the Ordinary meeting of the City of Bunbury Council held 13 June 2017 be confirmed as a true and accurate record. Outcome – Council Meeting 27 June 2017 The recommendation (as printed) was moved Cr Hayward, seconded Cr Cook. The Mayor put the motion to the vote and it was adopted to become the Council’s decision on the matter.

Council Decision 218/17 The minutes of the Ordinary meeting of the City of Bunbury Council held 13 June 2017 be confirmed as a true and accurate record. CARRIED 11 votes “for” / Nil votes “against”

7.1.2 Minutes – Council Advisory Committees and Working/Project Groups

Applicant/Proponent: Internal Report

Author: Various

Executive: Various

Attachments: Appendix MTBN-1: Community Access Committee Minutes – 2 June 2017 Appendix MTBN-2: Policy Review and Development Committee Minutes – 15 June 2017

Summary The following Advisory Committee Meetings were held and the minutes are presented for noting: 1. Title: Community Access Committee Minutes – 2 June 2017

Author: Liz Allan, Executive Research and Project Officer Appendix: MTBN-1


2. Title: Policy Review and Development Committee Minutes – 15 June 2017 Author: Greg Golinski, Manager Governance Appendix MTBN-2

Council Committee Recommendation The following Advisory Committee meeting minutes listed in the report be accepted and noted: 1. Community Access Committee Minutes – 2 June 2017 2. Policy Review and Development Committee Minutes – 15 June 2017 Outcome – Council Meeting 27 June 2017 The recommendation (as printed) was moved Cr McCleary, seconded Cr Hayward. The Mayor put the motion to the vote and it was adopted to become the Council’s decision on the matter.

Council Decision 219/17 The following Advisory Committee meeting minutes listed in the report be accepted and noted: 1. Community Access Committee Minutes – 2 June 2017 2. Policy Review and Development Committee Minutes – 15 June 2017 CARRIED 11 votes “for” / Nil votes “against”


8. Petitions, Presentations, Deputations and Delegations

8.1 Petitions Cr Cook presented a petition to Council containing 79 signatures, in relation to reinstating access to dogs and their owners onto the beach from the Rocky Point stairs (1st stairs, north of Clifton Street). Cr Cook moved, Cr Steele seconded to accept the petition. Pursuant to clause 6.10(2) of the City of Bunbury Standing Orders 2012, that Council receive the petition in relation to “reinstating access to dogs and their owners onto the beach from the Rocky Point stairs (1st stairs, north of Clifton Street)” and refer to the relevant officer for a report to be submitted within the next two (2) rounds of Council meetings. The Mayor put the motion to the vote and it was adopted to become the Council’s decision on the matter.

Council Decision 220/17 Pursuant to clause 6.10(2) of the City of Bunbury Standing Orders 2012, that Council receive the petition in relation to “reinstating access to dogs and their owners onto the beach from the Rocky Point stairs (1st stairs, north of Clifton Street)” and refer to the relevant officer for a report to be submitted within the next two (2) rounds of Council meetings. CARRIED 11 votes “for” / Nil votes “against”

Cr Kelly presented a petition to Council containing 2,124 signatures, in relation to CBD parking. Cr Kelly moved, Cr Steele seconded to accept the petition. Pursuant to clause 6.10(2) of the City of Bunbury Standing Orders 2012, that Council receive the petition in relation to “CBD parking”. The Mayor put the motion to the vote and it was adopted to become the Council’s decision on the matter.

Council Decision 221/17 Pursuant to clause 6.10(2) of the City of Bunbury Standing Orders 2012, that Council receive the petition in relation to “CBD parking”. CARRIED 11 votes “for” / Nil votes “against”

It was noted that item 10.4.4 on this Agenda deals with the topic of this petition.

8.2 Presentations Nil.


8.3 Deputations Mr Neil Hamilton, AccordWest Mr Neil Hamilton requested to address item 10.4.2 titled “Proposed Residential Building at Lot 27 (#15A) Forrest Avenue, South Bunbury”.

Council Decision 222/17 Pursuant to clause 6.9 (2)(b) of Councils Standing Orders, Council approves Mr Neil Hamilton’s deputation request to address item 10.4.2 titled “Proposed Residential Building at Lot 27 (#15A) Forrest Avenue, South Bunbury” and allows a period of up to 5 minutes to present to Council. CARRIED 11 votes “for” / Nil votes “against”

Mr Jeff Rodwell, UR Safe Pty Ltd and Mr Scott Jones, Rayjon Nominees Pty Ltd Mr Jeff Rodwell and Mr Scott Jones requested to address item 10.4.3 titled “Proposed Electric Fence at Lot 53 (#2) Vasse Street, South Bunbury”.

Council Decision 223/17 Pursuant to clause 6.9 (2)(b) of Councils Standing Orders, Council approves Mr Jeff Rodwell and Mr Scott Jones’ deputation request to address item 10.4.3 titled “Proposed Electric Fence at Lot 52 (#2) Vasse Street, South Bunbury” and allows a period of up to 5 minutes to present to Council. CARRIED 11 votes “for” / Nil votes “against”

Ms Megan Gianfrancesco, Sabotage, 46 Victoria Street, Bunbury Ms Megan Gianfrancesco requested to address item 10.4.4 titled “Amendments to CBD Parking Arrangements”.

Council Decision 224/17 Pursuant to clause 6.9 (2)(b) of Councils Standing Orders, Council approves Ms Megan Gianfrancesco’s deputation request to address item 10.4.4 titled “Amendments to CBD Parking Arrangements” and allows a period of up to 5 minutes to present to Council. CARRIED 11 votes “for” / Nil votes “against”

Ms Cheryl Kozisek, 8 Farnell Street, Bunbury Ms Cheryl Kozisek requested to address item 10.4.4 titled “Amendments to CBD Parking Arrangements”.


Council Decision 225/17 Pursuant to clause 6.9 (2)(b) of Councils Standing Orders, Council approves Ms Cheryl Kozisek’s deputation request to address item 10.4.4 titled “Amendments to CBD Parking Arrangements” and allows a period of up to 5 minutes to present to Council. CARRIED 11 votes “for” / Nil votes “against”

Mr John Ventris, 97 Victoria Street, Bunbury Mr John Ventris requested to address item 10.4.4 titled “Amendments to CBD Parking Arrangements”.

Council Decision 226/17 Pursuant to clause 6.9 (2)(b) of Councils Standing Orders, Council approves Mr John Ventris’ deputation request to address item 10.4.4 titled “Amendments to CBD Parking Arrangements” and allows a period of up to 5 minutes to present to Council. CARRIED 11 votes “for” / Nil votes “against”

Mr David Kerr, President, Bunbury Geographe Chamber of Commerce and Industry Mr David Kerr requested to address item 10.4.4 titled “Amendments to CBD Parking Arrangements”.

Council Decision 227/17 Pursuant to clause 6.9 (2)(b) of Councils Standing Orders, Council approves Mr David Kerr’s deputation request to address item 10.4.4 titled “Amendments to CBD Parking Arrangements” and allows a period of up to 5 minutes to present to Council. CARRIED 11 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, 10.1.2, 10.1.3, 10.1.4, 10.1.5, 10.1.6, 10.1.7, 10.2.2, 10.2.5, 10.3.1 and 10.4.5. Items 10.2.1, 10.2.3, 10.2.4, 10.2.6, 10.4.2, 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 Jones.


10. Reports

10.1 Disability Access and Inclusion Plan Report 2016/17 (was listed as item 10.1.1 on the

Council Agenda)

Applicant/Proponent: Community Access Committee

Responsible Officer: Ryan Campbell, Community Development Officer

Responsible Manager: Sharon Chapman, Manager Community and Library Services

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

Attachments: Appendix RAC-1: DAIP Progress Report 2016-17

Summary The Disability Access and Inclusion Plan (DAIP) Progress Report 2016/17 was presented to the Community Access Committee (CAC) at its meeting held 2 June 2017 to request referral to Council for endorsement and submission to the Disability Services Commission. The City has documented the progress of all the items projected to be completed for the 2016/17 financial year. The DAIP progress report is now completed (attached at Appendix RAC-1) and will need to be endorsed by Council for submission to the Disability Services Commission by 1 July 2017. Community Access Committee Recommendation That the Community Access Committee: 1. Note the DAIP progress report; and 2. Recommend that Council endorse the report for submission to the Disability Services

Commission. Executive Recommendation That Council: 1. Note the Disability Access and Inclusion Plan Progress Report 2016/17; and 2. Endorse the Disability Access and Inclusion Plan Progress Report 2016/17 for submission to

the Disability Services Commission. Strategic Relevance Key Priority Area 1: Community and Culture Objective 1.1 Establish Bunbury as the most accessible regional city in Australia by 2020 Background The City of Bunbury’s annual Disability Access and Inclusion Plan (DAIP) Progress Report for 2016/17 is due for submission to the Disability Services Commission by 1 July 2017. The Disability


Services Commission recently announced that the progress reporting templates and online reporting were open for submissions. The City has gone through the DAIP implementation plan and documented the progress of all the items projected to be completed for the 2016/17 financial year. Council Policy Compliance The Community Access Committee operates under the Council’s Code of Conduct. Legislative Compliance Disability Services Act 1993 (amended 2004) Local Government Act 1995 Officer Comments One of the core functions of this Committee is to monitor the implementation of the City’s DAIP which is outlined in point 5 of its Terms of Reference. It is therefore important that the CAC is informed and kept up to date with anything involving the DAIP. Analysis of Financial and Budget Implications Not applicable Community Consultation Nil Councillor/Officer Consultation Nil Applicant Consultation Not applicable Outcome – Council Meeting 27 June 2017 Pursuant to Standing Order 5.5 the recommendation (as printed) from the Executive was moved Cr Cook seconded Cr Jones and adopted (’en bloc’) to become the Council’s decision on the matter.

Council Decision 228/17 That Council: 1. Note the Disability Access and Inclusion Plan Progress Report 2016/17; and 2. Endorse the Disability Access and Inclusion Plan Progress Report 2016/17 for submission

to the Disability Services Commission. CARRIED 11 votes “for” / Nil votes “against”


10.2 Review of Council Policy – Media Statements (was listed as item 10.1.2 on the Council

Agenda)

Applicant/Proponent: Policy Review and Development Committee

Responsible Officer: Jamie Tatham, Media and Communications Officer

Responsible Manager: Greg Golinski, Manager Governance

Executive: Mal Osborne, Acting Chief Executive Officer

Attachments: Appendix RAC-2: Revised Council Policy – Media Statements

Summary This report is presented to Council following a review by the Policy Review and Development Committee (PRDC) of current Council Policy – Media Statements Committee Recommendation That Council adopt the revised Council Policy – Media Statements as presented. Background This policy was last reviewed in July 2015, and provides guidance and procedures as to how the City of Bunbury manages its media processes. Council Policy Compliance This report proposes the revision of an existing Council Policy. Legislative Compliance Section 2.8 of the Local Government Act 1995 defines the role of a Mayor, which in part extends to speaking on behalf of the local government. The Media Statements policy expands on the processes around engagement with the media. Officer Comments Although the Local Government Act 1995 already prescribes that the Mayor will be the spokesperson for the local government, it is considered that the policy is a useful resource for external parties wishing to undertake media-related enquiries with the City.

The PRDC have reviewed this policy, and propose some minor amendments which do not affect the broader intent of the policy. A revised version is provided at Appendix RAC-2. Analysis of Financial and Budget Implications Nil Community Consultation Nil


Councillor/Officer Consultation The revised policy is presented to Council by the PRDC. Outcome – Council Meeting 27 June 2017 Pursuant to Standing Order 5.5 the recommendation (as printed) from the Executive was moved Cr Cook seconded Cr Jones and adopted (’en bloc’) to become the Council’s decision on the matter.

Council Decision 229/17 That Council adopt the revised Council Policy – Media Statements as presented. CARRIED 11 votes “for” / Nil votes “against”


10.3 Review of Council Policy – Registration of Freehold Commercial Leases (was listed as

item 10.1.3 on the Council Agenda)


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

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


Attachments: Appendix RAC-3: Council Policy – Registration of Freehold Commercial Leases

Summary This report is presented to Council by the Policy Review and Development Committee (PRDC) to facilitate a review of current Council Policy – Registration of Freehold Commercial Leases. The policy is scheduled for review as part of Councils biennial review schedule. Committee Recommendation That Council note the review of Council Policy – Registration of Freehold Commercial Leases, with no changes recommended. Background This policy was adopted by Council on 7 July 2015, and was presented to the PRDC for discussion and review as part of Council’s policy review schedule at its June 2017 meeting. Council Policy Compliance This report facilitates a review of an existing Council Policy. Legislative Compliance Transfer of Land Act 1893 Officer Comments The Policy was created to maintain consistency with the City’s current processes and procedures, and to ensure that applicable commercial leases on freehold land owned by the City are registered on the Certificate of Title.

The registration with Landgate for “substantial” commercial leases confirms best practice and transparency on behalf the City, whilst providing assurance of continuity of occupancy for both landlord and lessee and consistent asset value, should the property ever be considered for sale.

Based on existing leases, $40,000 per annum appears to be an appropriate threshold to define a “substantial” lease.

The PRDC have undertaken a review of this Policy, and propose no amendments. A copy of the current policy is contained at Appendix RAC-3.


Analysis of Financial and Budget Implications There are minimal fees payable to Landgate on lodgement of registration forms and associated Western Australian Planning Commission approvals, which can be accommodated from within each year’s operating budget Community Consultation Nil Councillor/Officer Consultation This policy is presented to Council by the PRDC. Outcome – Council Meeting 27 June 2017 Pursuant to Standing Order 5.5 the recommendation (as printed) from the Executive was moved Cr Cook seconded Cr Jones and adopted (’en bloc’) to become the Council’s decision on the matter.

Council Decision 230/17 That Council note the review of Council Policy – Registration of Freehold Commercial Leases, with no changes recommended. CARRIED 11 votes “for” / Nil votes “against”


10.4 Review of Council Policy – Shark Hazard Management (was listed as item 10.1.4 on the

Council Agenda)


Responsible Officer: Chris Widmer, Team Leader Community Safety and Emergency Management

Responsible Manager: Sarah Upton, Acting Director Planning and Development Services

Executive: Sarah Upton, Acting Director Planning and Development Services

Attachments: Appendix RAC-4: Council Policy – Shark Hazard Management Appendix RAC-5: Corporate Guideline – Shark Hazard Management

Summary This report is presented to Council by the Policy Review and Development Committee (PRDC) to facilitate a review of current Council Policy – Shark Hazard Management. The policy is scheduled for review as part of Councils biennial review schedule. Committee Recommendation That Council adopt the revised Council Policy – Shark Hazard Management as presented. Background This policy was adopted by Council on 7 July 2015, and is presented to Council by the PRDC for discussion and review as part of Council’s policy review schedule. Council Policy Compliance This report facilitates a review of an existing Council Policy. Legislative Compliance Currently there is no legislation that deals with the issues surrounding shark sightings and shark attacks. If there is a fatality from a shark attack, WA Police (WAPOL) immediately take charge. In accordance with the Emergency Management Act 2005 (EM Act), WAPOL are also responsible for any “hazard” that is not a declared hazard under the EM Act. Officer Comments There have been very few incidents within the City of Bunbury since the initiation of this Policy and Guideline, and therefore there are no operational after-action reports to indicate any changes that may be required.

The PRDC have undertaken a review of this Policy and propose only minor amendments as per Appendix RAC-4. A copy of the associated Corporate Guideline is also contained at Appendix RAC-5 for reference. No changes to the Corporate Guideline are proposed.

Officers and the PRDC remain of the view that the documents are ‘best practice’ and should remain fundamentally unchanged


Analysis of Financial and Budget Implications Any costs associated with a beach closure are minimal, and can be absorbed within the annual budget each year. Community Consultation Nil Councillor/Officer Consultation This policy is presented to Council by the PRDC. Outcome – Council Meeting 27 June 2017 Pursuant to Standing Order 5.5 the recommendation (as printed) from the Executive was moved Cr Cook seconded Cr Jones and adopted (’en bloc’) to become the Council’s decision on the matter.

Council Decision 231/17 That Council adopt the revised Council Policy – Shark Hazard Management as presented. CARRIED 11 votes “for” / Nil votes “against”


10.5 Review of Council Policy – Legal Representation for Council Members and Employees (was listed as item 10.1.5 on the Council Agenda)


Responsible Officer: Greg Golinski, Manager Governance



Attachments: Appendix RAC-6: Council Policy – Legal Representation for Council Members and Employees Appendix RAC-7: Corporate Guideline – Legal Representation for Council Members and Employees

Summary This report is presented to Council by the Policy Review and Development Committee (PRDC) to facilitate a review of current Council Policy – Legal Representation for Council Members and Employees. Committee Recommendation That Council note the review of Council Policy – Legal Representation for Council Members and Employees with no changes recommended. Background This policy was last reviewed in September 2015, and is presented to Council by the PRDC for discussion and review as part of Council’s policy review schedule. Council Policy Compliance This report facilitates a review of an existing Council Policy. Legislative Compliance N/A Officer Comments The policy and associated corporate guideline outline the conditions upon which the City may cover the cost of legal representation for Elected Members and Officers where legal action has been taken against them in relation to their role as either an Elected Member or employee of the City of Bunbury.

The policy and guideline reflect the Department of Local Government Operational Guideline #14 – Legal Representation for Council Members and Employees.

The PRDC have undertaken a review of this policy and associated corporate guideline (appendices RAC-6 and RAC-7 respectively) and recommend no changes, noting that the departmental guideline remains unchanged since the last review of this policy.


Analysis of Financial and Budget Implications There are no financial or budgetary implications impacting from the recommendations of this report, as the intent of the existing Policy has not been altered. Community Consultation Nil Councillor/Officer Consultation This policy is presented to Council by the PRDC. Outcome – Council Meeting 27 June 2017 Pursuant to Standing Order 5.5 the recommendation (as printed) from the Executive was moved Cr Cook seconded Cr Jones and adopted (’en bloc’) to become the Council’s decision on the matter.

Council Decision 232/17 That Council note the review of Council Policy – Legal Representation for Council Members and Employees with no changes recommended. CARRIED 11 votes “for” / Nil votes “against”


10.6 Review of Council Policy – Civic Commendations (was listed as item 10.1.6 on the Council

Agenda)


Responsible Officer: Greg Golinski, Manager Governance



Attachments: Appendix RAC-8: Council Policy – Civic Commendations

Summary This report is presented to Council by the Policy Review and Development Committee (PRDC) to facilitate a review of current Council Policy – Civic Commendations. Committee Recommendation That Council note the review of Council Policy – Civic Commendations with no changes recommended. Background This policy was last reviewed in September 2015, and is presented to Council by the PRDC for discussion and review as part of Council’s policy review schedule. Council Policy Compliance This report facilitates a review of an existing Council Policy. Legislative Compliance N/A Officer Comments The PRDC have undertaken a review of the Council Policy Civic Commendations as presented at Appendix RAC-8.

The Policy provides a process for the receipt and assessment of civic commendation and other award nominations on behalf of the City of Bunbury, to enable Council to recognise the efforts and achievements of community members who have contributed to the City.

It is suggested the content of the current policy is appropriate. Analysis of Financial and Budget Implications There are no financial or budgetary implications impacting from the recommendations of this report, as the intent of the existing Policy has not been altered.


Community Consultation Nil Councillor/Officer Consultation This policy is presented to Council by the PRDC. Outcome – Council Meeting 27 June 2017 Pursuant to Standing Order 5.5 the recommendation (as printed) from the Executive was moved Cr Cook seconded Cr Jones and adopted (’en bloc’) to become the Council’s decision on the matter.

Council Decision 233/17 That Council note the review of Council Policy – Civic Commendations with no changes recommended. CARRIED 11 votes “for” / Nil votes “against”


10.7 Revised Draft Local Planning Policy: Signage and Advertisements (was listed as item

10.1.7 on the Council Agenda)


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

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


Attachments: Appendix RAC-9: Revised Draft Local Planning Policy: Signage and Advertisements

Summary A revised version of the Draft Local Planning Policy: Signage and Advertisements (dated 31 May 2017) is attached at Appendix RAC-9 as recommended to Council by the Policy Review and Development Committee (PRDC). This revised draft of the local planning policy is fundamentally unchanged from the version of the document Council resolved to advertise for public comment at its ordinary meeting held on 16 May 2017 (Council Decision 177/17). However, a relatively small number of technical changes to the wording of certain provisions and associated notes are recommended in the interests of public safety and to limit the liability of the local government under both the Local Government Act 1995 and Planning and Development Act 2005. Committee Recommendation That Council: 1. Note the following changes made to the wording of clauses 1.2, 4.2, 9.6 and 16 and associated

notes of the revised draft Local Planning Policy: Signage and Advertisements (31 May 2017) and resolves to support the public advertising of the revised draft local planning policy for community and stakeholder comment, in accordance with Part 2, Division 2, Regulation 5 under Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015.

Modification

A. Replacement of the terms ‘City Centre Zone Signage Control Area’ and ‘Central Business District Signage Control Area’ with the updated and less ambiguous terminology of ‘Regional Centre Signage Control Area’ and ‘Commercial Core Signage Area’ respectively in clause 1.2 on page 2 and in Map 1 of Annex 1 on page 30.

B. Deletion of subclause (c) of clause 4.2 on page 5 dealing with third party signage, which stated that:

(c) Third party signs will only be permitted with time-limited development approvals of up to 12 months. Any request for extension of a time-limited development approval will be determined at the discretion of the local government and is required to be formally requested in writing, signed by both the land owner and applicant (if applicable) and the payment of the appropriate application fee at least two months prior to the expiration of the development approval.

C. Insertion of a new subclause (a) under clause 9.6 on page 10 regarding road safety, stating that:

(a) The local government may require that a Road Safety Audit Report be submitted for assessment in accordance with section 16 of this local planning policy as part of any application for development approval for an animated sign or variable digital sign where it is


Modification

proposed to be located within and/or may be visible from - (i) a public road; and/or (ii) 50 metres of traffic signals or a road intersection.

D. Deletion of subclause (g) of clause 9.6 on page 11 dealing with the location of animated and variable digital signage, which stated that:

(g) Where it is proposed to locate an animated sign or variable digital sign within 50 metres of traffic signals or a road intersection, and/or visible from within 50 metres of traffic signals or a road intersection; then the local government may require a Road Safety Audit to be submitted for assessment as part of any application for development approval in accordance with Section 16 of this local planning policy.

E. Deletion of notes on page 13, which stated accordingly: Note: 1. The applicant / owner of an animated or digital format sign or advertisement is to

provide the City of Bunbury with indemnity from prosecution and exemption from any legal liability resulting from claims due to driver distraction that may be caused by the sign, with the applicant / owner of the sign accepting all responsibility for any such claims.

2. Where an application for an animated or digital format sign or advertisement is proposed to be located within and/or may be visible from within 50m of traffic signals or a road intersection, the local government may require that a Road Safety Audit be submitted in accordance with Section 16 of this local planning policy as part of the application for development approval.

F. Under a revised section heading of 16 Road Safety Audit Report on page 25, deletion of the provisions under clauses 16.1 and 16.2, which stated that:

16.1 Where an application for an Animated Sign or Variable Digital Sign is proposed to be located within 50 metres of traffic signals or a road intersection and/or may be visible from within 50 metres of traffic signals or a road intersection, the local government may require a Road Safety Audit to be submitted for assessment as part of any application for development approval, unless the requirement has been waived by the local government.

16.2 Where a Road Safety Audit is required, the report is to be undertaken by an appropriately qualified person or body to the specifications and satisfaction of the local government at the applicant’s expense; and as determined by the local government, must contain but is not limited to the following information in sufficient detail to permit the local government to make a proper development assessment of any proposed variation as part of a planning application - And their replacement with revised provisions that state accordingly:

16.1 Where a Road Safety Audit Report is required to be submitted as part of an application for development approval, the report is to be undertaken by an appropriately qualified person or body holding adequate Professional Indemnity Insurance, and is to be prepared to the specifications and satisfaction of the local government at the applicant’s own cost.

16.2 A Road Safety Audit Report must contain but is not limited to the following information, which is to be provided in sufficient detail to permit the local government to make a proper assessment as to whether or not the presence and operation of any proposed animated sign or variable digital sign (including any proposed variations to this policy) will potentially cause or contribute towards a risk of driver or pedestrian distraction or otherwise endanger public safety -

G. Insertion of additional notes that explain the requirements of revised clauses 16.1 and 16.2 accordingly:

2. In determining from a Road Safety Audit Report whether the impact of proposed animated or variable digital signage will involve an acceptable or unacceptable risk of danger to the public, the local government will rely upon the professional advice of an appropriately qualified person or


Modification body that must:

(a) be an accredited Institute of Public Works Engineering Australasia – Western Australia (IPWEA WA) and Main Roads Western Australia (MRWA) Senior Road Safety Auditor; and

(b) carry adequate Professional Indemnity Insurance, to the satisfaction of the local government.

3. The appropriately qualified person or body shall effect and keep in effect a Professional Indemnity Insurance policy with an Insurer approved by the Australian Prudential Regulation Authority (APRA) as per their list of Insurers Authorised to Conduct New or Renew Insurance Business in Australia. The policy of Professional Indemnity Insurance taken out by the consulting expert is to have a limit of Liability of not less than $2 million (AUD $2,000,000). The consulting expert is to provide the local government with certificates of currency and/or a copy of the policy with the submitted Road Safety Audit Report for compliance purposes.

4. The appropriately qualified person or body is to detail in the Road Safety Audit Report guidance to the local government on the adoption of appropriate criteria and specifications that would enable a reasonable decision to be made as to whether the potential impact of a proposed animated or variable digital sign will involve an acceptable or unacceptable risk to the public. The consulting expert is to advise as to the range of measures that are required to be conditioned as part of any development approval in order to ameliorate the impacts/risks of a proposed animated or variable digital sign which, without the ameliorating measures, may involve an unacceptable risk to the public.

5. The IPWEA WA / MRWA accredited auditors meet accreditation requirements of the Road Safety Audit Panel. The local government will only accept audits undertaken by an accredited IPWEA WA / MRWA Senior Road Safety Auditor. It is expected that an audit team have two or more experienced and qualified members and that it is independent of any planning, design, construction or maintenance of proposed large format digital signage under consideration. In accordance with MRWA’s Policy and Guidelines for Road Safety Audit (October 2015) as amended, audit teams must be made up of an IPWEA WA / MRWA accredited Senior Road Safety Auditor to lead the audit team and a minimum of one IPWEA WA/ MRWA accredited Road Safety Auditor team member.

6. The register of accredited road safety auditors and further information can be obtained by visiting the Road Safety Audit Portal at www.ipwea.asn.au/portal/ or at www.road-safety-audit-wa.org, or alternatively by visiting the MRWA website at www.mainroads.wa.gov.au/OurRoads/RoadSafety/Audits/Pages/Audits.aspx.

2. Request the Chief Executive Officer develop some assessment guidelines to assist Officers and

Applicants in determining whether a Road Safety Audit would be required under the terms of proposed clause 9.6(a).

Background Council, at its ordinary meeting held on 16 May 2016, resolved as follows (Decision 177/17):

That Council notes the proposed changes made to the draft Local Planning Policy: Signage and Advertisements and resolves to publicly advertise the revised draft of the Local Planning Policy: Signage and Advertisements for community comment, in accordance with Part 2, Division 2, Regulation 5 under Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015.

Council Policy Compliance This report facilitates a review of an existing Local Planning Policy.


Legislative Compliance The following statutory planning instruments of the State Planning Framework and Local Planning Framework are applicable to this matter:

- Planning and Development Act 2005;

- Planning and Development (Local Planning Schemes) Regulations 2015;

- City of Bunbury Town Planning Scheme No. 7 (TPS7);

- Draft City of Bunbury Local Planning Scheme No. 8 (LPS8); and

- Local Planning Policy: Signage and Advertisements (adopted 19 April 2016). Proposals to amend local planning policies are required to be undertaken in accordance with Part 2, Division 2, Regulation 5 under Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015. Officer Comments Public advertising of the original draft version of the local planning policy (dated 6 April 2017) has been delayed due to the need for consideration of feedback received from applicants regarding recent development approvals for large digital billboard signage proposals. Specifically, in relation to a condition of development approval requiring the indemnification of the local government from any public liability. As such, the condition applied to development approvals granted by Council to date was based on the wording provided in the original draft of the policy, which included the following note:

Note: 1. The applicant / owner of an animated or digital format sign or advertisement is to provide the City of Bunbury with indemnity from prosecution and exemption from any legal liability resulting from claims due to driver distraction that may be caused by the sign, with the applicant / owner of the sign accepting all responsibility for any such claims.

This policy note and related planning condition was based upon an approach taken by other local governments, such as the City of South Perth, when accommodating the desire of Council to approve large format digital signage proposals. The City of Bunbury has since obtained legal opinion from McLeods Barristers & Solicitors advising that this is not a bona fide planning condition and that an alternative approach needs to be taken. Nevertheless, that an appropriate condition should be placed on all new applications for large format digital signage in the interest of public safety and to both limit the liability of the local government and to protect its elected members and employees from personal liability under section 9.56.(2) and (4) of the Local Government Act 1995 and section 267 of the Planning and Development Act 2005. Consequently, the attached revised Draft Local Planning Policy: Signage and Advertisements (31 May 2017) has been augmented by a limited number of recommended changes to the text showing the proposed wording that is to be:


(a) deleted shown in red strikethrough; and (b) added shown in blue. The recommended changes being as outlined in the summary table below:

Modification Justification


In anticipation of the revised draft Local Planning Scheme No. 8 (LPS8) being gazetted this year, an opportunity is presented to update the terminology used in the policy, as the existing ‘City Centre Zone’ will be replaced with the model provision title of ‘Regional Centre Zone’.

B. Deletion of subclause (c) of clause 4.2 on page 5 dealing with third party signage, which stated that:

(c) Third party signs will only be permitted with time-limited development approvals of up to 12 months. Any request for extension of a time-limited development approval will be determined at the discretion of the local government and is required to be formally requested in writing, signed by both the land owner and applicant (if applicable) and the payment of the appropriate application fee at least two months prior to the expiration of the development approval.

Development approvals granted by Council to date for large format digital signage throughout the city has not been time limited, and therefore, are not temporary by their nature. It is consequently anticipated that this provision is now considered to be redundant by Council and can be deleted without implication.


(a) The local government may require that a Road Safety Audit Report be submitted for assessment in accordance with section 16 of this local planning policy as part of any application for development approval for an animated sign or variable digital sign where it is proposed to be located within and/or may be visible from - (i) a public road; and/or (ii) 50 metres of traffic signals or a road

intersection.

It is advised that all applications for development approval involving large format digital signage should be supported by a Road Safety Audit Report where it is proposed to be seen from a public road. As the emerging technology has outpaced established scientific opinion, legal precedents and policy guidance as to whether or not large format digital signage causes driver distraction or that the degree of any distraction is also dangerous.

Consequently, independent expert professional opinion is required for determining what the safe minimum dwell time and maximum luminance levels may be in each circumstance, so that the local government can be confident that it has acted in ‘in good faith’ when approving or recommending approval of large format digital signage in light of the need to exercise a ‘duty of



care’ and the application of the ‘precautionary principle’ in decision-making.



This subclause is proposed to be replaced by a new more general sub-clause (a) above, and would hence be redundant.

E. Deletion of notes on page 13, which stated accordingly:

Note: 1. The applicant / owner of an animated or digital format sign or advertisement is to provide the City of Bunbury with indemnity from prosecution and exemption from any legal liability resulting from claims due to driver distraction that may be caused by the sign, with the applicant / owner of the sign accepting all responsibility for any such claims.


The information provided in the notes is now no longer considered correct or relevant based on legal opinion provided by McLeods Barristers & Solicitors. Instead additional notes have been proposed under section 16 to expand upon the need for road safety audit reporting, which provides details on how and where to procure the services of a Senior Road Safety Auditor accredited by the Institute of Public Works Engineering Australasia – Western Australia (IPWEA WA) and Main Roads Western Australia (MRWA).



16.2 Where a Road Safety Audit is required, the report

A Road Safety Audit Report should be undertaken as part of any application for new large format digital signage where proposals can be seen from a public road, so that a recognised expert can independently substantiate upfront what the safe minim dwell times and maximum luminance levels may be in each circumstance. The recommendations and specifications of which can then be confidently conditioned by the local government as part of any development approval.



is to be undertaken by an appropriately qualified person or body to the specifications and satisfaction of the local government at the applicant’s expense; and as determined by the local government, must contain but is not limited to the following information in sufficient detail to permit the local government to make a proper development assessment of any proposed variation as part of a planning application - And their replacement with revised provisions that state accordingly:




2. In determining from a Road Safety Audit Report whether the impact of proposed animated or variable digital signage will involve an acceptable or unacceptable risk of danger to the public, the local government will rely upon the professional advice of an appropriately qualified person or body that must:



3. The appropriately qualified person or body shall effect and keep in effect a Professional Indemnity Insurance policy with an Insurer approved by the


Modification Justification Australian Prudential Regulation Authority (APRA) as per their list of Insurers Authorised to Conduct New or Renew Insurance Business in Australia. The policy of Professional Indemnity Insurance taken out by the consulting expert is to have a limit of Liability of not less than $2 million (AUD $2,000,000). The consulting expert is to provide the local government with certificates of currency and/or a copy of the policy with the submitted Road Safety Audit Report for compliance purposes.





Analysis of Financial and Budget Implications There are no consequential financial or budgetary implications associated with the local planning policy amendment procedure other than the costs related to staff and public advertising. Community Consultation The procedure for making amendments to Local Planning Policy: Signage and Advertisements is required to be carried out in accordance with Part 2, Division 2, Regulation 5 under Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015. It is considered that the changes proposed to clauses 1.2, 4.2, 9.6 and 16 of the draft local planning policy, post Council’s resolution to publicly advertise, are of a technical nature only and do not affect the intent of the draft policy and its proposed reforms that seek to facilitate and responsibly manage the growth in digital signage and advertising within the City of Bunbury. The revised Draft Local Planning Policy: Signage and Advertisements (31 May 2017) will now be publicly advertised for comment from 20 June 2017 to 14 July 2017. During which time, it is proposed that community consultation will occur in conjunction with signage businesses and other industry stakeholders, including the Bunbury Geographe Chamber of Commerce and Industry (BGCCI). Councillor/Officer Consultation This revised policy is presented to Council by the PRDC. Outcome – Council Meeting 27 June 2017 Pursuant to Standing Order 5.5 the recommendation (as printed) from the Executive was moved Cr Cook seconded Cr Jones and adopted (’en bloc’) to become the Council’s decision on the matter. Council Decision 234/17 That Council: 1. Note the following changes made to the wording of clauses 1.2, 4.2, 9.6 and 16 and

associated notes of the revised draft Local Planning Policy: Signage and Advertisements (31 May 2017) and resolves to support the public advertising of the revised draft local planning policy for community and stakeholder comment, in accordance with Part 2, Division 2, Regulation 5 under Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015.

Modification



Modification

B. Deletion of subclause (c) of clause 4.2 on page 5 dealing with third party signage,

which stated that: (c) Third party signs will only be permitted with time-limited development approvals of up to

12 months. Any request for extension of a time-limited development approval will be determined at the discretion of the local government and is required to be formally requested in writing, signed by both the land owner and applicant (if applicable) and the payment of the appropriate application fee at least two months prior to the expiration of the development approval.


(a) The local government may require that a Road Safety Audit Report be submitted for assessment in accordance with section 16 of this local planning policy as part of any application for development approval for an animated sign or variable digital sign where it is proposed to be located within and/or may be visible from - (i) a public road; and/or (ii) 50 metres of traffic signals or a road intersection.



E. Deletion of notes on page 13, which stated accordingly: Note: 1. The applicant / owner of an animated or digital format sign or advertisement is to

provide the City of Bunbury with indemnity from prosecution and exemption from any legal liability resulting from claims due to driver distraction that may be caused by the sign, with the applicant / owner of the sign accepting all responsibility for any such claims.




16.2 Where a Road Safety Audit is required, the report is to be undertaken by an appropriately qualified person or body to the specifications and satisfaction of the local government at the applicant’s expense; and as determined by the local government, must contain but is not limited to the following information in sufficient detail to permit the local government to make a proper development assessment of any proposed variation as part of a planning application –


Modification

And their replacement with revised provisions that state accordingly:




2. In determining from a Road Safety Audit Report whether the impact of proposed animated or variable digital signage will involve an acceptable or unacceptable risk of danger to the public, the local government will rely upon the professional advice of an appropriately qualified person or body that must:



3. The appropriately qualified person or body shall effect and keep in effect a Professional Indemnity Insurance policy with an Insurer approved by the Australian Prudential Regulation Authority (APRA) as per their list of Insurers Authorised to Conduct New or Renew Insurance Business in Australia. The policy of Professional Indemnity Insurance taken out by the consulting expert is to have a limit of Liability of not less than $2 million (AUD $2,000,000). The consulting expert is to provide the local government with certificates of currency and/or a copy of the policy with the submitted Road Safety Audit Report for compliance purposes.





2. Request the Chief Executive Officer develop some assessment guidelines to assist Officers and Applicants in determining whether a Road Safety Audit would be required under the terms of proposed clause 9.6(a).

CARRIED 11 votes “for” / Nil votes “against”


10.8 Schedule of Accounts Paid for the Period 1 May 2017 to 31 May 2017 (was listed as

item 10.2.2 on the Council Agenda)


Responsible Officer: David Ransom, Manager Finance

Responsible Manager: David Ransom, Manager Finance


Attachments: CEO-1: Schedule of Accounts Paid – May 2017

Summary

The City of Bunbury "Schedule of Accounts Paid" covering the period 1 May 2017 to 31 May 2017 is attached at Appendix CEO-1. The schedule contains details of the following transactions:

1. Municipal Account – payments totalling $7,420,347.76

2. Advance Account – payments totalling $4,639,012.24

3. Trust Account – payments totalling $19,881.68

4. Visitor Information Centre Trust Account – payments totalling $19,609.08

5. Bunbury-Harvey Regional Council Municipal Account – payments totalling $1,181,362.67

6. Bunbury-Harvey Regional Council Advance Account – payments totalling $1,145,127.21

Executive Recommendation

The Schedule of Accounts Paid for the Period 1 May 2017 to 31 May 2017 be received.

Outcome – Council Meeting 27 June 2017 Pursuant to Standing Order 5.5 the recommendation (as printed) from the Executive was moved Cr Cook seconded Cr Jones and adopted (’en bloc’) to become the Council’s decision on the matter.

Council Decision 235/17 The Schedule of Accounts Paid for the Period 1 May 2017 to 31 May 2017 be received. CARRIED 11 votes “for” / Nil votes “against”


10.9 Financial Management Report for the Period Ending 31 May 2017 (was listed as item 10.2.5 on the Council Agenda)





Attachments: Appendix CEO-3: Statement of Comprehensive Income Appendix CEO-4: Statement of Financial Activity Appendix CEO-5: Statement of Net Current Assets Appendix CEO-6: Statement of Financial Position Appendix CEO-7: Capital Works Expenditure Summary Appendix CEO-8: Operating Project Expenditure Summary

Summary The following comments are provided on the key elements of the City’s financial performance. 1. Statement of Comprehensive Income (attached at Appendix CEO-3)

Actual Financial Performance to 31 May 2017 (refer explanations within the report) - Actual income of $54.77M is $1.23M greater than the year-to-date budgeted

income of $53.54M. - Actual expenditure of $37.43M is $3.45M less than the year-to-date budgeted

expenditure of $40.88M. - Actual operating surplus of $17.34M is $4.68M more than the year-to-date

budgeted operating surplus of $12.66M.

2. Statement of Financial Activity (attached at Appendix CEO-4) Closing Funding Surplus to 30 June 2017 is forecast at $631K, which is $231K more than the Current Budget Closing Funding Surplus of $400K. Note that the forecast closing funds of $631K includes $30K of operating and capital projects carried forward to the 2017/18 Budget. Forecast closing funds net of carried forward projects is $601K.

3. Statement of Financial Position (attached at Appendix CEO-6)

The City’s year-to-date and forecast balances are as follows: Year-to-date Forecast * Current Assets of $47.89M includes:

- Cash and Investments $45.52M $28.93M - Rates $0.60M $0.81M - Other Current Assets $1.77M $1.93M

* Current Liabilities of $7.85M includes:

- Trade and Other Payables $2.16M $4.63M - Annual Leave and LSL Provisions $3.45M $3.91M

* Working Capital

(Current Assets less Current Liabilities) $40.04M $20.83M


* Equity

(Total Assets less Total Liabilities) $594.77M $575.62M 4. Capital Works (attached at Appendix CEO-7)

- Actual capital works of $11.89M is $8M less than the year-to-date budgeted capital works of $19.89M, (refer explanation within report).

5. Operating Project Expenditure (attached at Appendix CEO-8)

- Actual operating project expenditure of $2.67M is $191K less than the year-to-date budgeted operating project expenditure of $2.86M, (refer explanation within report).

Executive Recommendation The Financial Management Report for the period ending 31 May 2017 be received. Strategic Relevance Key Priority Area 5 Corporate Objective 5.3 Ensure financial sustainability Background A financial management report is provided to Councillors on a monthly basis which includes the following summaries: - Statement of Comprehensive Income (attached at Appendix CEO-3) - Statement of Financial Activity (attached at Appendix CEO-4) - Statement of Net Current Assets (attached at Appendix CEO-5) - Statement of Financial Position (attached at Appendix CEO-6) - Capital Works Expenditure Summary (attached at Appendix CEO-7) - Operating Projects Summary (attached at Appendix CEO-8) These summaries include end-of-year forecasts based on a monthly review of year-to-date income and expenditure for all accounts. Council Policy Compliance Not applicable. Legislative Compliance In accordance with the provisions of Section 6.4 of the Local Government Act 1995 and Regulation 34 (1) of the Local Government (Financial Management) Regulations 1996, a Local Government is to prepare each month a Statement of Financial Activity (attached at Appendix CEO-5) reporting on the revenue and expenditure as set out in the annual budget under Regulations 22 (1) (d) for this month. At the Special Council Meeting 27 July 2016, Council adopted that a variance between actual and budget-to-date of greater than or equal to 10% and $25,000 is considered to be a material variance for reporting purposes in the Statement of Financial Activity for 2016/17.


Officer Comments The Operating Income, Operating Expenditure and Capital Expenditure graphs provide an overview on how the actual income/expenditure is tracking to budget and the previous financial year. Comments are provided on each graph regarding the current financial position.


The following is an explanation of significant Operating and Capital variances identified in the Statement of Comprehensive Income and Statement of Financial Activity:

Statement of Comprehensive Income YTD Actual to Budget Variance

Operating Income

Rates Income Interim Rates Income –Higher than anticipated interim rates of $42K have been raised on property improvements. An end of year forecast adjustment has been made.

$43,177 0.12%

Contribution, Reimbursements and Donations Reimbursement Income – Favourable year-to-date variance of $272K mainly due to the reimbursement of $100K from the South West Development Commission for PR-3877 Management of funds for the Bunbury Marine Facilities as the City will now be administering the contractual payments, $69K of recoupable property utilities, $40K of legal fees reimbursed and $36K of workers compensation reimbursements. An end of year forecast adjustment has been made.

$277,383 29%

Fees and Charges General Hire Fee Income – Favourable year-to-date variance of $28K mainly due to higher than anticipated sportsground levies being received. An end of year forecast adjustment has been made. Fine and Penalty Fee Income – Favourable year-to-date variance of $45K mainly due to higher than anticipated parking fees being issued, this amount has been transferred to the parking reserve. An end of

$458,589 3%


year forecast adjustment has been made. Building and Planning Fee Income – Favourable year-to-date variance of $49K mainly due to a subdivision contribution being received, this amount have been transferred to the Town Planning Act Section 20A reserve. An end of year forecast adjustment has been made. Sport Facility Fee Income – Favourable year-to-date variance of $266K mainly due to higher than anticipated memberships for the South West Sports Centre. An end of year forecast adjustment has been made.

Interest Received Cash and Investment Interest Income – Favourable year-to-date variance of $269K mainly due to an increase in funds held in term deposits. An end of year forecast adjustment has been made. Rates Debtor Interest Income – Favourable year-to-date variance of $41K mainly due to additional rate payers taking advantage of paying by instalments. An end of year forecast adjustment has been made.

$310,766 35%

Operating Expenditure

Employee Costs Salary Expense – Favourable year-to-date variance of $855K. An end of year forecast adjustment has been made for anticipated expenditure to 30 June 2017. Savings have resulted from vacancies throughout the organisation.

$1,054,388 5%

Materials and Contracts Material Expenditure - Favourable year-to-date variance of $674K, mainly due to the timing of operating expenditure. This will be monitored on a monthly basis. Contract Employment Expense – Favourable year-to-date variance of $65K, this expenditure has not been required to date. An end of year forecast adjustment has been made. Consultants Expenses - Favourable year-to-date variance of $518K, mainly due to the timing of expenditure on the following accounts:

PR-4167 Prepare a Local Area Plan - $150K PR-3196 Conduct detailed contaminated site investigation for Nuytsia Ave - $83K PR-4166 Conduct site investigation Ecclestone Street - $80K PR-4176 Implement Withers Youth Strategy - $55K Collect domestic recyclable materials - $31K PR-1578 Develop and implement a Public Health Plan - $25K Investigate and design traffic scenario modelling - $25K Coordinate legal advice for development assessment and building certification - $22K PR-4156 Revalue building assets and freehold land - $20K PR-4265 Pelican Point Grand Canals maintenance report- $20K

This will be monitored on a monthly basis.

$2,168,338 17%


Contractors Expenses - Favourable year-to-date variance of $704K, mainly due to the timing of operating expenditure on the following accounts:

Collect domestic recyclable materials - $155K Maintain sport grounds and infrastructure - $121K Maintain trees - $100K PR-3996 Upgrade Adam Road Primary School carpark - $86K PR-4327 Regional Tourism Strategy implementation - $70K Maintain corporate vehicles - $64K Collect household organic waste - $69K Conduct destination marketing activities - $43K

This will be monitored on a monthly basis. Software License or Maintenance Expenses - Favourable year-to-date variance of $139K, mainly due to the timing of operating expenditure. This will be monitored on a monthly basis. Equipment Lease and Hire Expense – Favourable year-to-date variance of $44K mainly due to the timing of lease payments. This will be monitored on a monthly basis.

Non-Operating Income and Expenditure

Proceeds from the Disposal of Assets Proceeds from the Disposal of Land – Favourable year-to-date variance of $167K due to the sale of two Latrielle Road properties during March 2017. An end of year forecast adjustment has been made. Proceeds from the Disposal of Plant and Vehicles – Favourable year-to-date variance of $71K due to the reduction of fleet vehicles. An end of year forecast adjustment has been made.

$241,846 62%

Value of Assets Disposed Value of Land Disposed – Unfavourable year-to-date variance of $196K due to the disposal of two Latrielle Road properties. This is a non-cash expenditure item that records the profit and loss on the disposed assets. An end of year forecast adjustment has been made. Value of Plant and Vehicles Disposed – Unfavourable year-to-date variance of $78K due to the disposal value of vehicles. This is a non-cash expenditure item that records the profit and loss on the disposed assets. An end of year forecast adjustment has been made. Value of Equipment Disposed – Disposal of old car parking machines ($140K) due to the replacement of new machines as budgeted. This is a non-cash expenditure item that records the profit and loss on the disposed assets. An end of year forecast adjustment has been made.

$416,074 (209%)


Statement of Financial Activity YTD Actual to

Budget Variance

Operating Revenues

Favourable variance. See explanation above included in the Statement of Comprehensive Income variances.

$1,187,999 6.63%

Operating Expenses

Favourable variance. See explanation above included in the Statement of Comprehensive Income variances.

$3,451,350 8.4%

Capital Expenses

Acquisition of Assets – The favourable year-to-date variance is mainly due to the timing of expenditure for the following projects: PR-4145 - Expand and upgrade Koombana Bay Foreshore - $2.34M PR-1248 - Construct new depot building - $999K PR-3390 - Capital works at BREC, including replacing hardi-flat

sheeting with colourbond metal sheeting to fly tower - $663K

PR-1912 - Replace waste vehicles and plant 2016/17 - $599K PR-2288 - Replace corporate heavy plant 2016/17 - $519K PR-4165 - Develop a detailed design for a Cultural Precinct - $362K PR-2481 - Reconstruct and improve drainage in Spencer St - $302K PR-3997 - Install additional family and accessible change facilities at

the SWSC - $296K PR-4317 - Edward Street Road and drainage modifications - $249K PR-1197 - Upgrade intersection of Parade Rd and Crampton Ave -

$249K PR-4326 - Install new bore at Koombana Bay - $225K PR-4325 - Construct accessible ramp to Back Beach - $160K PR-3445 - Refurbish existing toilet at Queens Gardens - $120K PR-3647 - Renew drainage line Ecclestone St to Kelly St - $114K PR-3222 - Renew drainage Picton Road - $106K PR-4012 - Upgrade and segmentation of network structure - $92K PR-1536 - Renew landscaping and irrigation systems at Queens

Gardens - $73K PR-4015 - Improve City’s Landscaping, Parks, Gardens and Entry

Statements - $62K PR-3900 - Upgrade Koombana Drive and Austral Parade intersection -

$57K PR-2792 - Undertake works to complete the implementation of LIMP

- $47K Refer to Capital Expenditure report for project details.

$7,997,891 40%

Analysis of Financial and Budget Implications

This Financial Management Report on the financial performance of the City is provided for Councillors information and does not have any financial or budget implications for the 2016/17 financial year.


Community Consultation

There is no requirement for community consultation on this report. Councillor/Officer Consultation

Council’s Executive Leadership Team, Department Managers and Finance staff monitor the City’s monthly revenue and expenditure and (as required) refers any variances requiring remedial action to Council. Approved budget amendments are recorded in the financial statements to reflect Council’s current budget and financial position at all times. Outcome – Council Meeting 27 June 2017 Pursuant to Standing Order 5.5 the recommendation (as printed) from the Executive was moved Cr Cook seconded Cr Jones and adopted (’en bloc’) to become the Council’s decision on the matter.

Council Decision 236/17 The Financial Management Report for the period ending 31 May 2017 be received. CARRIED 11 votes “for” / Nil votes “against”


10.10 State Library of Western Australia – Regional Model 2017/2018 (was listed as item


Applicant/Proponent: Internal

Responsible Officer: Sharon Chapman, Manager Community and Library Services

Responsible Manager: Sharon Chapman, Manager Community and Library Services

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

Attachments: Attachment DCCS-1: 2017-2018 City of Bunbury Regional Activity Plan Attachment DCCS-2: PLWG Key Priorities and Drivers for Change

Summary The Bunbury City Library has performed the role of the South West Regional Library since 2012. The City has signed a Framework Agreement with the State Library of Western Australia to provide regional library services on behalf of the state to 22 participating libraries across 12 local government areas in the southwest region. Support is currently delivered to each of the libraries on an ‘as required’ basis. The amount of support is highly dependent on staff expertise in relation to the delivery of library services within each local government, which means support is provided on a sliding scale. This role has also enabled the City’s Library Service to retain its status as a ‘first tier’ library within the State. Given the introduction of a new model on 26 June 2012 proposed by the State Library involving annual Activity Plans, Council resolved to undertake the Regional Library role in accordance with Schedule C of the State Library of Western Australia Regional Model for a period of 12 months (Council Decision 188/12). Council has resolved to continue this commitment each year: 14 May 2013 (Council Decision 122/13); 10 June 2014 (Council Decision 192/14); 12 May 2015 (Council Decision 152/15); and 12 July 2016 (Council Decision 236/16). It is requested that Council endorse the signing of the Regional Activity Plan 2017/2018 and the continuation of this support pending the outcomes of a future review by the Department of Local Government, Sport and Cultural Services. Executive Recommendation That Council: 1. Endorse the signing of the Regional Activity Plan (as part of Schedule C of the Regional

Model Agreement) to enable the City of Bunbury Library Service to continue as the Regional Library for the South West Region for 2017/2018; and

2. Endorse the continuation of the current arrangements pending an outcome of the review process by the Department of Local Government, Sport and Cultural Industries.

Strategic Relevance Key Priority Area 1 Enhancing community well-being and the quality of life for the people who

live and work in Bunbury Objective 1.3 Improve literacy through the delivery of library services.


Key Priority Area 5 Planning and delivering on our vision of a shared responsibility that will be

achieved through the development of relationships and partnerships with all stakeholders

Objective 5.6 Improve local, regional, state and national perceptions of Bunbury. Background In 2004 a Library Framework Agreement (The Agreement) between the State Library of Western Australia (SLWA) and local governments for the provision of public library services in Western Australia was established. The Agreement sets out a shared vision, roles and responsibilities, and principles and objectives for public libraries in Western Australia. In 2007 SLWA, in conjunction with the West Australian Local Government Association (WALGA), launched a review of the WA public library system. This review was entitled Structural Reform of Public Library Services. The outcomes of this review were vast and included redeveloping and enhancing the Regional Model. In 2011, there was a review to Schedule C of the Agreement in relation to regional support provided to local governments by the SLWA. After this review, a number of libraries within regional centres, committed to a 12 month Regional Model Activity Plan (Activity Plan) submission arrangement with the SLWA, with an opportunity to review its ongoing viability each year. The Activity Plan is categorised into two parts, including Core Activities (General Support, Training, Regional Meetings, in-Region Visits and Perth Visits) and Value Added Activities (activities that must be of benefit across the region and be over and above core activities provided). Provision for funding core activities is pre-determined by the SLWA and it is expected that the balance would be funded by the host local government authority. Historically Value-Add Activities are not being funded by SLWA so therefore the Activity Plan only has the provision for basic services and support to be offered, unless funded by the regional library or each participating local government authority. In 2013, it was recognised by Public Libraries WA (PLWA) and its members that the current Framework Agreement and governance arrangements were not working effectively. This included the provision of the Regional Model via Activity Plans. In 2014 it was resolved at the Western Australian Local Government Association (WALGA) State Council Meeting to support the development of a new vision for public library services in WA. In 2014 and 2015 WALGA, in conjunction with PLWA, conducted public library visioning forums. These forums aimed to:

Understand key social, economic, technical trends that will affect public library services and how Local Governments can appropriately respond over the next decade;

Develop a new vision and strategic framework for public libraries in 2025, for adoption by WALGA’s State Council; and

Identify viable funding and governance arrangements to assist Western Australian Local Governments to be well placed to deliver effective public library services into the future.

All local government Chief Executive Officers and key library staff were provided with discussion papers and invited to attend these forums WALGA and PLWA. A total of 123 participants provided input, including 24 from metropolitan and 31 from regional/rural local governments. The City of Bunbury was represented by the Chief Executive Officer, the Director of Corporate and Community Services and the Manager Community and Library Services. During the forum, a number of Regional Library representatives also provided feedback on the strengths and weaknesses of the


current Regional Model framework. It was agreed that a review of the model was necessary and would be included as part of the final Vision 2025 recommendations. This information was captured in the Public Library Services in Western Australia in 2025 Future Considerations Discussion Paper. The outcomes from this first consultation phase were used to develop Public Library Services in 2025 Research and Consultation Findings and Vision 2025 and Framework for Strategic Action Public Library Services in Western Australia. This information provides the Policy context for the current and future role of local government in the provision of public library services across the state of Western Australia. In WALGA State Council Agenda papers for the July 2016 meeting, WALGA outlined a summary of the requests in WALGA’s pre-budget submission versus funding commitments contained in the 2016-2017 budget. The State Government confirmed in State Budget papers for 2016/2017 that ‘The State Library of Western Australia (SLWA) will work with the Western Australian Local Government Association and other bodies to develop a new, more contemporary library services model to deliver support to public libraries across the State’. In 2016 the Hon. Minister John Day MLA, established the Public Library Working Group (PLWG) in recognition of the important contribution that public libraries make to our communities. The PLWG was tasked with developing a shared vision and strategic framework for action to ensure our 231 public libraries remain relevant, contemporary and engaged with their communities. The PLWA released a document entitled Key Priorities for Drivers for Change in January 2017 (refer attached). On 9 June 2017 at a Public Libraries WA meeting, Duncan Ord, Director General of the Department of Local Government, Sport and Cultural Industries, reaffirmed the commitment of the new State Government to these objectives. Mr Ord advised that the Hon. Minister David Templeman MLA has provided prima facie support and directed him to prepare a strategy so that the Department may move forward and meet these objectives. It is expected that this document would be released in the coming weeks. The Manager Community and Library Services will continue to keep Elected Members updated on the release of this Strategy document. Council Policy Compliance Not applicable. Legislative Compliance Not applicable. Officer Comments It must be acknowledged that the southwest libraries work collaboratively and effectively together on a number of projects both internal and external of the Regional Model framework. A significant amount of these achievements can be attributed to libraries working together on a shared goal within the southwest region in relation to the delivery of library services to their communities. The Regional Model is currently a ‘one size fits all’ model across the state and needs a significant amount of work for it to be more effective for the regions. Much of the support responsibilities to the regional areas have shifted from SLWA to the Regional Libraries.

http://www.wasla.asn.au/wp-content/uploads/Discussion-Paper-Public-Library-Services-in-2025.pdf

http://www.wasla.asn.au/wp-content/uploads/Discussion-Paper-Public-Library-Services-in-2025.pdf

http://walga.asn.au/getattachment/Policy-Advice-and-Advocacy/Community-Development/Arts-and-Culture/Public-Libraries/Public-Library-Services-in-2025-Research-and-Consultation-Findings-25-06-2015.pdf.aspx?lang=en-AU

http://walga.asn.au/getattachment/Policy-Advice-and-Advocacy/Community-Development/Arts-and-Culture/Public-Libraries/Public-Library-Services-in-2025-Research-and-Consultation-Findings-25-06-2015.pdf.aspx?lang=en-AU

http://walga.asn.au/getattachment/Policy-Advice-and-Advocacy/Community-Development/Arts-and-Culture/Public-Libraries/WALGA-Vision-2025.pdf.aspx?lang=en-AU

http://walga.asn.au/getattachment/Policy-Advice-and-Advocacy/Community-Development/Arts-and-Culture/Public-Libraries/WALGA-Vision-2025.pdf.aspx?lang=en-AU


Historically, the financial partnership between the WA State Government and Local Government for public library services was an equal one of 50/50 investment. However, in the State Council Meeting Minutes in September 2015, WALGA estimated that today the average investment from the State Government is 12%, with Local Governments picking up the balance of 88%. This continues to decrease every year. Analysis of Financial and Budget Implications In previous years, the funding model consisted of a cost sharing arrangements between the State Library, the City of Bunbury and regional LGAs in an annual region-specific fully costed Activity Plan. Annually this includes:

2013/2014 City of Bunbury contribution $4992.17 SLWA contribution $15222.01

2014/2015 City of Bunbury contribution $5303.00 SLWA contribution $12822.84

2015/2016 City of Bunbury contribution $5615.00 SLWA Contribution $13,888.00



Other libraries across the South West Region do not contribute to the cost of the Activity Plan as it is solely an agreement between the Regional Library and the State Library for the Regional Library to provide the core regional services component on behalf of the State Library. In certain circumstances the other libraries may be asked if they would like to contribute to ‘Value-Add’ activities, but this is not the case in 2017/2018 as no ‘Value-Add’ activities have been applied for by the City of Bunbury on behalf of the region. Community Consultation Discussion about the continuation of this model has taken place with representatives from libraries in the southwest region and the support for the City of Bunbury to continue has been positive. The libraries across the southwest each sign up to the Activity Plan each year to receive the required support from the Regional Library. Councillor/Officer Consultation Not applicable. Applicant Consultation Not applicable.


Outcome – Council Meeting 27 June 2017 Pursuant to Standing Order 5.5 the recommendation (as printed) from the Executive was moved Cr Cook seconded Cr Jones and adopted (’en bloc’) to become the Council’s decision on the matter.

Council Decision 237/17 That Council: 1. Endorse the signing of the Regional Activity Plan (as part of Schedule C of the Regional

Model Agreement) to enable the City of Bunbury Library Service to continue as the Regional Library for the South West Region for 2017/2018; and

2. Endorse the continuation of the current arrangements pending an outcome of the review process by the Department of Local Government, Sport and Cultural Industries.

CARRIED 11 votes “for” / Nil votes “against”


10.11 Proposed Disposal – Lot 3 South Western Highway, Picton (was listed as item 10.4.5 on

the Council Agenda)

File Ref: A03685

Applicant/Proponent: Garry Utterson

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

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


Attachments: DPDS-12: Location Plan DPDS-13: Market Valuation

Summary The City has approached Garry Utterson (the “Lessee”) who currently leases from the City, Lot 3 South Western Highway, Picton (the “Property”), seeking their interest in purchasing the Property in freehold. The sale is referred to Council for consideration. A location plan is attached at Appendix DPDS-12. Executive Recommendation That Council agree to the disposal of Lot 3 South Western Highway, Picton for the amount of $190,000 excluding GST and subject to public advertising in accordance with Section 3.58 of the Local Government Act 1995. Strategic Relevance Key Priority Area No. 4 Regional Economy Objective No. 4.1 Maintain support for local business Background The City of Bunbury has been leasing a vacant lot along South Western Highway, Picton to the Lessee and measuring 2,714sqm since 2008. The Lessee currently owns the adjoining property at which they operate their business ‘Coast Mac Trailer Hire’ and utilises the lease area for the purpose of overflow outdoor storage and vehicle parking. The current lease has been in holding over since 2013 when it expired. The City advised the Lessee that the lease would remain in holding over until further notice and that all conditions of the existing lease apply. The lease was put into holding over as it was identified as a potential sale lot by the then Director of Corporate Performance. A valuation was obtained from Landgate in July 2014, valuing the property at $230,000 excluding GST. The then Contracts and Property Department were advised at the time to put this proposal on hold and the lease has been in holding over since.


As the lease is currently in holding over there is no provision for a rent review at this stage and the Lessee is paying $6,716.40 ex GST in rent per annum on a monthly basis. Following discussions with the Executive Leadership Team, the Officer has since obtained from Landgate a market valuation on both the saleable value of the land and the potential lease rental income achievable for the Property. The Property is valued at $200,000 ex GST to purchase and $7,000 ex GST to lease per annum. A copy of the valuation is attached at Appendix DPDS-13. The officer contacted the current lessee and adjoining property owner to gauge their desire to purchase the land at the market value with the lessee returning a counter offer of $150,000. The lessee has sighted the cost for constructing the hardstand and fencing which was borne by them and the limitation of access to the property from South Western Highway, the reason for their offer of $150,000. Additional consultation with the Executive Leadership Team prompted further discussions with the Lessee and the City has since received an offer of $190,000 ex GST, which is now referred back to Council for consideration. Council Policy Compliance Land Rationalisation and Acquisitions Legislative Compliance Section 3.58 of the Local Government Act 1995 applies to the disposal of land. Officer Comments This land is identified as surplus to the City’s needs and the sale of such would provide a source of income that has not been previously budgeted for. Given the new market rental rate of $7,000 per annum, it would take more than twenty years to achieve that value in lease fees alone. The land has also decreased in value from 2014 from $230,000 to $200,000 with indicators in this market being that of a ‘depressed market’ and any future offers may be even lower. Analysis of Financial and Budget Implications The sale of the land would provide an unbudgeted income for the City. There would be a nominal loss of annual rental income to the City of $ 6,716.40 ex GST. The Property is currently group rated with the Lessee’s adjoining properties so there would be no impact on the rates currently paid to the City, being $17,220.24 per annum.


Community Consultation Public advertising will be undertaken in accordance with Section 3.58 of the Local Government Act 1995. Should any submissions be received, these will be referred back to Council for consideration. Councillor/Officer Consultation The Executive Leadership Team has been consulted on this disposal throughout the process. Outcome – Council Meeting 27 June 2017 Pursuant to Standing Order 5.5 the recommendation (as printed) from the Executive was moved Cr Cook seconded Cr Jones and adopted (’en bloc’) to become the Council’s decision on the matter.

Council Decision 238/17 That Council agree to the disposal of Lot 3 South Western Highway, Picton for the amount of $190,000 excluding GST and subject to public advertising in accordance with Section 3.58 of the Local Government Act 1995. CARRIED 11 votes “for” / Nil votes “against”


10.12 Retrospective Development Approval – Outbuilding – Lot 19 (#17) Gregory Street, South Bunbury (was listed as item 10.4.1 on the Council Agenda)

File Ref: P13992, DA2017/46/1

Applicant/Proponent: Rick Edward Grant

Responsible Officer: Martin Hughes, Planning Officer



Attachments: Nil.

At the Council Meeting held 16 May 2017, Council resolved for this matter be deferred until the Council Meeting scheduled for 27 June 2017 to allow further consultation between the applicant and City officers, with a view to arriving at a favourable outcome. Negotiations are progressing, and City Officers hope to finalise the matter under delegation.


10.13 Attendance at the “What does the future of Transport Look Like” Seminar (was listed

as item 10.2.1 on the Council Agenda)


Author: Mal Osborne, Acting Chief Executive Officer


Attachments: Nil

Summary Councillor Warnock has expressed an interest in attending the “What does the future of Transport Look Like” Seminar being held interstate. It is felt that with the current focus on the development opportunities within the City of Bunbury and discussions about transport around the region, the attendance of Cr Warnock is deemed appropriate. Executive Recommendation That Council endorses: 1. The attendance of Cr Warnock at the “What does the Future of Transport Look Like”

Seminar being held in Sydney, Australia on 8 August 2017 inclusive 2. Registration, return flights, 2 nights’ accommodation, airport parking and reasonable meal

expenses to be funded from the Elected Member Training Budget. Background The theme of the Seminar is “What does the Future of Transport Look Like”. This seminar brings together leading researchers and policy makers from Australia and the Netherlands to discuss how disruptive transport technology will impact on Australian cities like Perth, as well as regional areas and what local governments can do to protect revenue and maximise the benefits these technologies offer. This will include speakers who will discuss a range of topics with key benefits from attending including: • Disruptive transport technology, driverless cars and the implications for government,

including privacy and equity issues • Mechanisms for enhancing the productivity of our cities and regions through transport

innovation and policy reform • Congestion charging: practice and impacts • Electric vehicles: the consequences on fuel excise revenue • Road user pricing in the digital age: Using technology to provide the right pricing signals to

manage road use • The human response: How road user pricing is likely to impact on transport behaviour • The politics of road user pricing • Emerging transport challenges in our growing cities

Attendance at the conference would enable discussion on key matters and focus on strategy, technology and design for innovative connected smart cities.


Council Policy Compliance Attendance at this conference will be facilitated through the provisions and conditions of Council Policy CEO1 “Conferences, Seminars, Training and Induction Courses – Attendance by Elected Members.” Legislative Compliance The endorsement of this proposal will ensure that compliance has been met with all legislative matters including policy. Officer Comments Cr Warnock has provided the following comments in relation to the seminar:

“Given the intense interest in bringing a fast train to Bunbury and upgrading the Australind, the City needs to ascertain whether we should be supporting this going forward or whether technology is going to overtake us with the advent of driverless cars. Therefore, if we don’t get a fast train for another 20 years, should we really be planning to look instead to what the future may look like with transport then? Also this will impact on our planning for car parking and town planning.”

Analysis of Financial and Budget Implications Registration for seminar is $495 at an early bird price is booked prior to 6 July 2017. Estimated other expenses associated with Cr Warnock’s attendance to be funded by the City from the Elected Member Training Budget include: - Flight expenses are $500 return - Accommodation from 7 to 9 August 2017 is $650 (including breakfast) - Airpark Parking from 7 to 9 August 2017 is $70 Council’s 2016/17 Budget contains sufficient funding allocations to accommodate attendance at this conference. Community Consultation Not applicable. Councillor/Officer Consultation Councillor Warnock has expressed an interest in attending this event. The Mayor is also aware of the conference and this report serves to bring the matter to elected members information.


Outcome – Council Meeting 27 June 2017 The recommendation (as printed) was moved Cr Jones, seconded Cr Kelly. The Mayor put the motion to the vote and it was adopted to become the Council’s decision on the matter.

Council Decision 239/17 That Council endorses: 1. The attendance of Cr Warnock at the “What does the Future of Transport Look Like”

Seminar being held in Sydney, Australia on 8 August 2017 inclusive 2. Registration, return flights, 2 nights’ accommodation, airport parking and reasonable

meal expenses to be funded from the Elected Member Training Budget. CARRIED 11 votes “for” / Nil votes “against”


10.14 Proposed Increase in Property Rate Yield for the 2017/18 Budget (was listed as item



Responsible Officer David Ransom, Manager Finance



Attachments: Nil

Summary Following Council’s adoption of the Integrated Financial Plan (IFP) 2017/18 to 2031/32 on 16 May 2017, forecasts contained in the IFP have been used as the basis for producing a draft annual budget for 2017/18. Councillors have held two budget workshops to consider the draft budget, and a proposed property rate yield increase of 4.5% (which includes 1% to be used specially for infrastructure development) is necessary to meet the operating and capital expenditure in the draft 2017/18 Budget. With Council’s approval the proposed property rate yield increase of 4.5% will be advertised for community and ratepayer information prior to adopting the 2017/18 Annual Budget in late July 2017. It should be noted that due to the revaluation of all property Gross Rental Values (GRV) effective from 1 July 2017; the increase in rates for individual properties will vary from the average increase of 4.5% due to the change of individual property GRV’s. Executive Recommendation That Council: 1. Note that the recently adopted Integrated Financial Plan for 2017/18 was based on a property

rate yield increase of 4.5% (which includes 1% to be used specifically for infrastructure development).

2. Request the Chief Executive Officer prepare the draft 2017/18 Annual Budget based on a

property rate yield increase of 4.5% (which includes 1% to be used specifically for infrastructure development).

3. Provide public notice of the indicative rate yield percentage increase for the draft 2017/18

Annual Budget.

Strategic Relevance Key Priority Area No.5 Corporate Objective No. 5.2 Maintain a high standard of corporate governance and improve access

to information


Background Councillors have held budget workshops on the 9 May 2017 and 6 June 2017 which included considering the proposed rates yield in the 2017/18 draft budget. A rate yield increase of 4.5% for the General Rate and Minimum Rate is now being considered when adopting the annual budget in late July 2017. Council Policy Compliance Not applicable. Legislative Compliance There is no legislative requirement to advertise the proposed General and Minimum Rates. Section 6.36 of the Local Government Act 1995 only requires Council to advertise the proposed rates when imposing Differential Rates. The City has no Differential Rates. Officer Comments Advertising the proposed rates yield increase will inform the community and ratepayers of the average rate increase being considered by Council prior to adopting the 2017/18 Annual Budget. Analysis of Financial and Budget Implications The proposed rate yield increase of 4.5% is considered necessary to meet the operating and capital expenditure in the 2017/18 draft budget. Should Council consider this not affordable for the Bunbury community in the current economic climate, the following is the reduction in rates yield based on a lower rate increase for 2017/18. The long term effect is also shown on the 15 year Integrated Financial Plan (IFP) from a reduction in the rates yield from 2017/18 only:

Rate Increase Reduction in 2017/18 Rates Yield

Effect on 15 Year IFP

4.5% Nil Nil 4.0% $178,425 $2,954,238

3.75% $267,637 $4,431,357 3.5% $356,850 $5,908,476 3.0% $535,275 $8,862,715

Any reduction in the rates yield will require an adjustment to the draft 2017/18 Annual Budget to ensure that the budget is fully funded. Any adjustment will be included in the draft budget presented to Council for adoption in late July 2017, if required.


Options Should Council choose to impose a rate yield increase less than the Executive Recommendation of 4.5% for preparing the draft 2017/18 Annual Budget, an alternative recommendation for point 2 of the Executive Recommendation could include the following options:


property rate yield increase of 4.0% noting that this would be a reduction in income of $178,425 and a reduction in income over the next 15 years of $2,954,238. (The 4% increase in rates yield includes 1% to be used specifically for infrastructure development.)


property rate yield increase of 3.75% noting that this would be a reduction in income of $267,637 and a reduction in income over the next 15 years of $4,431,357. (The 3.75% increase in rates yield includes 1% to be used specifically for infrastructure development.)


property rate yield increase of 3.5% noting that this would be a reduction in income of $356,850 and a reduction in income over the next 15 years of $5,908,476. (The 3.5% increase in rates yield includes 1% to be used specifically for infrastructure development.)


property rate yield increase of 3% noting that this would be a reduction in income of $535,275 and a reduction in income over the next 15 years of $8,862,715. (The 3% increase in rates yield includes 1% to be used specifically for infrastructure development.)

Community Consultation The proposed rate yield increase will be advertised in the Bunbury Herald over a three week period and will also be emailed to the Household Panel subscribers. Councillor/Officer Consultation Councillors have held budget workshops on the 9 May 2017 and 6 June 2017 which included considering the proposed rates yield in the 2017/18 draft budget. Outcome – Council Meeting 27 June 2017 The recommendation (as printed) was moved Cr McCleary, seconded Cr Kelly.


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

Council Decision 240/17 That Council: 1. Note that the recently adopted Integrated Financial Plan for 2017/18 was based on a




3. Provide public notice of the indicative rate yield percentage increase for the draft

2017/18 Annual Budget. CARRIED 6 votes “for” / 5 votes “against”

Mayor Brennan, Cr Steck, Cr Miguel, Cr Cook and Cr Steele requested that their votes “against” be recorded. All other Councillors voted “for” the motion.


10.15 Items to be Considered in the Draft 2017/18 Annual Budget (was listed as item 10.2.4 on

the Council Agenda)





Attachments: Appendix CEO-2: Items to be Considered for Inclusion in the Draft 2017/18 Budget

Summary Following Council’s adoption of the Integrated Financial Plan (IFP) 2017/18 to 2031/32 on 16 May 2017, forecasts contained in the IFP have been used as the basis for producing the draft Annual Budget for 2017/18. Councillors then held two budget workshops to further consider the draft budget. Councillors are now required to give direction to staff to finalise the draft Budget prior to being presented to Council for adoption in July 2017. The items to be considered for inclusion in the draft budget are attached at Appendix CEO-2. Executive Recommendation 1 Council support the inclusion of $120,000 in the draft 2017/18 Annual Budget for PR-4314 Implementation of the City Promotional Strategy, subject to a business plan being presented to Council prior to any expenditure being incurred. Executive Recommendation 2 Council support the inclusion of $10,000 in the draft 2017/18 Annual Budget for PR-4349 Provide YouthCare 2017/18, subject to a funding agreement being signed between YouthCare and the City. Executive Recommendation 3 Council support the additional $15,421 contribution in the draft 2017/18 Annual Budget for PR-3859 Support ANZAC Day Working Group 2017/18, subject to a funding agreement being signed between the RSL and the City. Executive Recommendation 4 Council support the inclusion of $30,000 in the draft 2017/18 Annual Budget for PR-4337 Prepare, Implement and Deliver Reconciliation Action Plan Initiatives, subject to the Reconciliation Action Plan Action Plan being presented to Council for endorsement. Executive Recommendation 5 Council support the inclusion of $30,000 in the draft 2017/18 Annual Budget for PR-4350 Support South West Clontarf Academy (Newton Moore College), subject to a funding agreement being signed between Clontarf Foundation and the City.


Executive Recommendation 6 Council support an allocation of up to $435,000 in the draft 2017/18 Annual Budget for PR-3847 Support Bunbury Regional Entertainment Centre (BREC), to be paid monthly in arrears, and to be reviewed upon the finalisation of a review of BREC operations by the Department of Culture and Arts, and the subsequent preparation of a Service Level Agreement between the City and BREC. Executive Recommendation 7 Council support the inclusion of $20,000 in the draft 2017/18 Annual Budget for PR-4357 Support the Bunbury Geographe Growth Plan Partnership Steering Committee. Background The first year of the adopted Integrated Financial Plan (IFP) 2017/18 to 2031/32 was used as the basis for developing the draft Annual Budget for 2017/18. Councillors have since held budget workshops on 9 May 2017 and 6 June 2017. Councillors are now required to give direction to staff to finalise the draft budget prior to being presented to Council for adoption in July 2017. Council Policy Compliance Not applicable. Legislative Compliance Not applicable. Officer Comments The following comments are provided in support of the Executive Recommendations: Executive Recommendation 1 – Implementation of the City Promotional Strategy ($120,000) The project will support the City marketing and promotion programs with a focus on the CBD. The expenditure includes event funding and activation strategies with $60,000 from general funds and $60,000 being funded from the City Parking Reserve (subject to Council approving the change in purpose for the reserve when adopting the 2017/18 Budget in July 2017). Executive Recommendation 2 – Provide YouthCare 2017/18 ($10,000) Council has supported YouthCare for the previous 4 years with a 3 year agreement between 2013/14 and 2015/16 for $9,000 p.a. and in 2016/17 with $10,000. Executive Recommendation 3 – Support ANZAC Day Working Group 2017/18 ($15,421) The RSL currently receives an annual contribution for the running of the ANZAC Day ceremonies. The draft budget currently has an allocation of $4,579 and it is recommended that Council support an additional $15,421 in 2017/18, a total of $20,000 to support the ANZAC centenary celebrations in April 2018.


Executive Recommendation 4 – Prepare, Implement and Deliver Reconciliation Action Plan Initiatives ($30,000) As per Council Resolution 18/17 (24 January 2017), Council is requested to consider an allocation for the development and implementation of a Reconciliation Plan in the draft budget. This Plan is to be developed in conjunction with the South West Development Commission (SWDC). From the $30,000 the City will be contributing $5,000 to the SWDC towards the development of this plan. Executive Recommendation 5 – Support South West Clontarf Academy (Newton Moore College) ($30,000) As per Council Decision 158/17 (2 May 2017), Council to consider an allocation to support the South West Clontarf Academy in the draft budget. Clontarf have requested a $50K cash contribution. It is recommended that Council provide a $30K cash contribution and further in-kind assistance. Executive Recommendation 6 – Support Bunbury Regional Entertainment Centre (BREC) ($435,000) It is recommended that Council maintain the level of funding adopted in the IFP for the 2017/18 financial year and continues to work in conjunction with BREC to review the operating management structure of the centre. A review is currently underway with the assistance from the Department of Culture and the Arts. Any future funding will be dependent on the outcome of this review. Executive Recommendation 7 – Support the Bunbury Geographe Growth Plan Partnership Steering Committee ($20,000) The Bunbury Geographe Growth Plan Partnership is a collaboration between industry, community and government and has resulted in the development of a Strategy, Plan of Action and a Bunbury Geographe brand based on the regions natural and social advantages. The Bunbury Geographe Growth Plan is a long term plan to empower industry and community to respond to dynamic global economic realities. With State Government funding coming to an end, the Steering Committee has recommended continuing the benefits of this partnership. Other Council partners: Shires of Capel, Dardanup and Harvey will be contributing a similar amount. Analysis of Financial and Budget Implications

Should all items be supported the closing surplus for the 2017/18 financial year will reduce by $165,421, with a further $60,000 coming from the City of Bunbury General Parking Reserve. This is currently able to be funded from 2017/18 closing surplus based on a 4.5% rate yield increase. Note that any reduction in the rates yield will require an adjustment to the draft 2017/18 Budget to ensure that the budget is fully funded. An adjustment will be included in the draft budget presented to Council for adoption in late July 2017, if required. Community Consultation Not applicable. Councillor/Officer Consultation Councillors have discussed the draft budget at budget workshops on 9 May 2017 and 6 June 2017.


Outcome – Council Meeting 27 June 2017 Recommendation 1 (as printed) was moved Cr Kelly, seconded Cr Cook. The Mayor put the motion to the vote and it was adopted to become the Council’s decision on the matter.

Council Decision 241/17 Council support the inclusion of $120,000 in the draft 2017/18 Annual Budget for PR-4314 Implementation of the City Promotional Strategy, subject to a business plan being presented to Council prior to any expenditure being incurred. CARRIED 7 votes “for” / 4 votes “against”

Recommendation 2 (as printed) was moved Cr McCleary, seconded Cr Cook. The Mayor put the motion to the vote and it was adopted to become the Council’s decision on the matter.

Council Decision 242/17 Council support the inclusion of $10,000 in the draft 2017/18 Annual Budget for PR-4349 Provide YouthCare 2017/18, subject to a funding agreement being signed between YouthCare and the City. CARRIED 10 votes “for” / 1 votes “against”

Cr Jones requested that her vote “against” be recorded. All other Councillors including the Mayor voted “for” the motion. Recommendation 3 (as printed) was moved Cr Kelly, seconded Cr Steck. The Mayor put the motion to the vote and it was adopted to become the Council’s decision on the matter.

Council Decision 243/17 Council support the additional $15,421 contribution in the draft 2017/18 Annual Budget for PR-3859 Support ANZAC Day Working Group 2017/18, subject to a funding agreement being signed between the RSL and the City. CARRIED 9 votes “for” / 2 votes “against”


Recommendation 4 (as printed) was moved Cr Cook, seconded Cr Steck. The Mayor put the motion to the vote and it was adopted to become the Council’s decision on the matter.

Council Decision 244/17 Council support the inclusion of $30,000 in the draft 2017/18 Annual Budget for PR-4337 Prepare, Implement and Deliver Reconciliation Action Plan Initiatives, subject to the Reconciliation Action Plan Action Plan being presented to Council for endorsement. CARRIED 11 votes “for” / Nil votes “against”

Recommendation 5 (as printed) was moved Cr Hayward, seconded Mayor Brennan. Cr Steele moved, Cr Steck seconded an amendment as follows: Council support the inclusion of $30,000 $15,000 in the draft 2017/18 Annual Budget for PR-4350 Support South West Clontarf Academy (Newton Moore College), and $15,000 for the Girls Academy subject to funding agreements being signed between the parties and the City. Cr Morris moved, Cr Warnock seconded a procedural motion that the debate be adjourned until further information can be sourced by officers in relation to the operation of the Girls Academy, and what the funding might be used for. The Mayor put the procedural motion to the vote and it was adopted to become the Council’s decision on the matter.

Council Decision 245/17 That pursuant to Standing Order 11.6, debate be adjourned until the next round of Council Meetings, pending more information from the Girls Academy. CARRIED 10 votes “for” / 1 vote “against”


Recommendation 6 (as printed) was moved Cr Cook, seconded Cr Kelly. The Mayor put the motion to the vote and it was adopted to become the Council’s decision on the matter.

Council Decision 246/17 Council support an allocation of up to $435,000 in the draft 2017/18 Annual Budget for PR-3847 Support Bunbury Regional Entertainment Centre (BREC), to be paid quarterly in advance, and to be reviewed upon the finalisation of a review of BREC operations by the Department of Culture and Arts, and the subsequent preparation of a Service Level Agreement between the City and BREC. CARRIED 10 votes “for” / 1 vote “against”

Recommendation 7 (as printed) was moved Cr Steck, seconded Cr Miguel. The Mayor put the motion to the vote and it was adopted to become the Council’s decision on the matter.

Council Decision 247/17 Council support the inclusion of $20,000 in the draft 2017/18 Annual Budget for PR-4357 Support the Bunbury Geographe Growth Plan Partnership Steering Committee. CARRIED 10 votes “for” / 1 vote “against”


10.16 Elected Member Sitting Fees and Allowances (was listed as item 10.2.6 on the Council

Agenda)

Applicant/Proponent: Internal



Attachments: Nil

Summary The purpose of this report is for Council to determine the prescribed allowances, meeting attendance fees, and communications allowance payable to Elected Members for the 2017/18 financial year. Executive Recommendation That Council: 1. Adopt Councillor attendance fees in accordance with the Western Australian Salaries and

Allowances Tribunal 2017 determination and set the rate at $_________per annum. 2. Adopt the Mayoral attendance fee in accordance with the Western Australian Salaries and

Allowances Tribunal 2017 determination and set the rate at $_________per annum. 3. Adopt the annual Mayoral Allowance in accordance with the Western Australian Salaries

and Allowances Tribunal 2017 determination and set the rate at $___________per annum. 4. Adopt the annual ICT Expenses Allowance in accordance with the Western Australian

Salaries and Allowances Tribunal 2017 determination and set the rate at $_________per annum.

Note: Absolute Majority Required Strategic Relevance Key Priority Area 5: Corporate Objective 5.3: Ensure financial sustainability Background At its meeting held on 3 May 2016, Council was advised of the determination by the Salaries and Allowances Tribunal (SAT) to reclassify the City of Bunbury form a Band 2 to a Band 1 local government. Accordingly, Council was required (at that time) to make amendment to the allowances paid to Elected Members to be within the range prescribed by SAT for a Band 1 local government. Decision 148/16 was passed as follows:


That Council: 1. Note the Salaries and Allowances Tribunal determination of 12 April 2016 reclassifying the

City of Bunbury from a Band 2 to a Band 1 local government. 2. Adopt Councillor attendance fees in accordance with the Western Australian Salaries and

Allowances Tribunal 2016 determination and set the rate at $24,360 per annum payable monthly in 12 equal portions.

3. Adopt the Mayoral attendance fee in accordance with the Western Australian Salaries and Allowances Tribunal 2016 determination and set the rate at $29,500 per annum payable monthly in 12 equal portions.

4. Adopt the annual Mayoral Allowance in accordance with the Western Australian Salaries and Allowances Tribunal 2016 determination and set the rate at $60,000 per annum payable monthly in 12 equal portions.

The most recent inquiry report by SAT into this matter (dated 11 April 2017) proposed no increase to the financial parameters of a Band 1 local government “in light of the serious economic conditions facing Western Australia at this time”. Council Policy Compliance There is no council policy relevant to this matter. Legislative Compliance The Local Government Act 1995, Section 5.63 permits elected members to participate in this form of decision without having to declare any interest. Officer Comments The City has traditionally adopted annual allowances and fees in lieu of individual meeting attendance fees. The current ranges for the prescribed allowances for a Band 1 local government (including the amounts currently paid) are as follows: Annual attendance fees in lieu of individual council and committee meeting attendance fees

Band Minimum Maximum Current 16/17

Councillor 1 $24,360 $31,364 $24,360

Mayor 1 $24,360 $47,046 $29,500

Annual allowance for a mayor or president of a local government

Band Minimum Band Maximum Current 16/17

Mayor 1 $50,750 $88,864 $60,000

Note: The Deputy Mayor receives 25% of the Mayor’s Allowance

Annual ICT allowance for Elected Members

Band Minimum Band Maximum Current 16/17

Mayor N/A $500 $3,500 $3,500

This matter is presented to Council for consideration to assist with the finalisation of the draft 2017/18 budget.


Analysis of Financial and Budget Implications Should Council resolve to retain the status quo in regard to sitting fees and allowances paid to Elected Members then there will be no impact on the Integrated Financial Plan or the draft 2017/18 budget. Should Council choose to adopt the maximum attendance fee and Mayoral allowance for a Band 1 local government, the financial implication would be an additional $137,674 per annum, broken down as follows:

Cr attendance fee increase $84,048 ($7,004 x 12) Mayoral attendance fee increase $17,546 Mayoral allowance increase $28,864 Deputy Mayoral allowance increase $7,216

Community Consultation Section 7B(2) of the Salaries and Allowances Act 1975 requires the SAT, at intervals of not more than 12 months, to inquire into and determine the amount of fees, or the minimum and maximum amounts of fees, to be paid under the Local Government Act 1995 to elected council members for attendance at meetings. An advertisement calling for public submissions to the SAT's inquiry appeared in The West Australian newspaper on 4 March 2017, with a closing date of 24 March 2017. There is no community consultation required prior to a local government Council setting its sitting fees and allowances. Councillor/Officer Consultation This matter is presented to Council for consideration. Outcome – Council Meeting 27 June 2017 Cr Cook moved, Cr Kelly seconded the following motion: That Council: 1. Adopt Councillor attendance fees in accordance with the Western Australian Salaries and

Allowances Tribunal 2017 determination and set the rate at $25,000 per annum. 2. Adopt the Mayoral attendance fee in accordance with the Western Australian Salaries and

Allowances Tribunal 2017 determination and set the rate at $30,000 per annum. 3. Adopt the annual Mayoral Allowance in accordance with the Western Australian Salaries

and Allowances Tribunal 2017 determination and set the rate at $61,000 per annum. 4. Adopt the annual ICT Expenses Allowance in accordance with the Western Australian

Salaries and Allowances Tribunal 2017 determination and set the rate at $3,500 per annum.


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

Council Decision 248/17 That Council: 1. Adopt Councillor attendance fees in accordance with the Western Australian Salaries and

Allowances Tribunal 2017 determination and set the rate at $25,000 per annum. 2. Adopt the Mayoral attendance fee in accordance with the Western Australian Salaries

and Allowances Tribunal 2017 determination and set the rate at $30,000 per annum. 3. Adopt the annual Mayoral Allowance in accordance with the Western Australian Salaries

and Allowances Tribunal 2017 determination and set the rate at $61,000 per annum. 4. Adopt the annual ICT Expenses Allowance in accordance with the Western Australian

Salaries and Allowances Tribunal 2017 determination and set the rate at $3,500 per annum.

CARRIED 6 votes “for” / 5 votes “against”

Mayor Brennan, Cr Miguel, Cr Steck, Cr Morris and Cr McCleary requested that their votes “against” be recorded. All other Councillors voted “for” the motion.


10.17 Proposed Residential Building at Lot 27 (#15A) Forrest Avenue, South Bunbury (was

listed as item 10.4.2 on the Council Agenda)

File Ref: DA/2017/70/1

Applicant/Proponent: MCG Architects


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


Attachments: Appendix DPDS-1: Development Plans Appendix DPDS-2: Location Plan Appendix DPDS-3: Written Justification Appendix DPDS-4: Schedule of Submissions

Summary An application for development approval was lodged by MCG Architects on behalf of the landowner, Agencies for South West Accommodation (Accord West), seeking to develop a ‘residential building’ (Stage 2) at Lot 27 (#15A) Forrest Avenue, South Bunbury. Stage 1 for the development of four multiple dwellings was approved by Council at its ordinary meeting held on 6 September 2016. Clause 5.3.3 ‘Parking’ of the Residential Design Codes (R-Codes) and the City of Bunbury Town Planning Scheme No. 7 (TPS7) car parking standards require a total of 15 car parking bays for stage 1 and 2. The overall car parking provided for both stages 1 and 2 is 11 bays; a variation is therefore sought for the shortfall of four bays. Where the deemed-to-comply provisions of the R-Codes are not met, the variations are assessed against the corresponding design principles of the R-Codes. It is considered that the variation relating to car parking satisfies the applicable design principles of the R-Codes, and it is therefore, recommended that development approval be granted for the proposed ‘residential building’, subject to conditions. Executive Recommendation That Council: 1. In accordance with the Planning and Development Act 2005 (as amended), hereby resolves

to grant development approval for a ‘residential building’ at Lot 27 (#15A) Forrest Avenue, South Bunbury (application reference: DA/2017/70/1), subject to the following conditions:

1.1 At all times, the development subject of this development approval must comply

with the definition of ‘residential building’ as contained in State Planning Policy 3.1 – Residential Design Codes (R-Codes).

1.2. All development shall be in accordance with the approved development plans

(attached) which form part of this development approval. 1.3 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.

1.4 All works required to satisfy a condition of this approval are required to be

installed/constructed and maintained in accordance with the approved plans and conditions of approval for the life of the development.

1.5 Before the development is occupied, external clothes drying facilities must be

provided in accordance with clause 5.4.5 of the State Planning Policy 3.1 Residential Design Codes (the R-Codes). External clothes drying facilities must be effectively screened from public view at all times and to the satisfaction of the City of Bunbury. Details to be submitted with the building permit application.

1.6 Rubbish bin storage areas must be screened from public view at all times in

accordance with clause 5.4.5 of State Planning Policy 3.1 Residential Design Codes (the R-Codes) and to the satisfaction of the City of Bunbury.

1.7 Before the development is occupied, bollard style security lighting must be

provided along shared driveways and paths and must be designed, baffled, located and maintained at all times thereafter to the satisfaction of the City of Bunbury.

1.8 Before the development is occupied, a minimum of 11 car parking bays, including 1

car parking bay provided for the exclusive use of disabled persons in accordance with AS/NZS 2890.6:2009, must be provided on the land the subject of this development approval and to the satisfaction of the City of Bunbury.

1.9 Before the development is commenced, detailed design plans shall be prepared in

accordance with relevant Australian Standards, Ausroad Guidelines, and City of Bunbury requirements, for all access, car parking and pedestrian movement requirements, to the satisfaction of the City of Bunbury. Once plans are approved construction is to be in accordance with the approved plans and be completed before the development is occupied.

1.10 Before the development is occupied, the access way(s), car parking (including line

marking and parking signage) and turning area(s) shall be constructed in accordance with the development approval to the satisfaction of the City of Bunbury.

1.11 Before the development commences, a crossover permit must be obtained from

the City of Bunbury. Construction and maintenance of the crossover shall be in accordance with the crossover permit.

1.12 Before the development is occupied, the redundant vehicular crossover(s) must be

removed and the area reinstated to the satisfaction of the City of Bunbury.

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


1.14 A minimum of 1m3 of storm water storage for each 65m2 of impervious area must be provided on site in accordance with the city of Bunbury’s Information Guide – Stormwater Disposal from Private, Commercial and Industrial Properties.

Detailed design plans of the proposed stormwater management must be submitted for approval prior to the development commencing, and be implemented in accordance with the approved plan prior to the development being occupied.

1.15 This property is situated on the Preston River Flood Plain and is susceptible to

flooding. Habitable rooms in any building construction must have a minimum finished floor level of 2.5 metres AHD in accordance with the City of Bunbury’s Local Planning Policy: Development in Flood Affected Areas.

1.16 Before the development is occupied, the property must be connected to the Water

Corporation reticulated sewerage system. 1.17 Any vacant land must be covered and maintained so as to avoid dust nuisance to

nearby businesses and residential dwellings, to the satisfaction of the City of Bunbury.

1.18 Before the development is occupied, the proposed front fence shall be constructed

to a maximum height of 1.8m, with front walls and fences within the primary street setback area visually permeable 1.2m above the natural ground level in accordance with clause 5.2.4 (Street Walls and Fences) and truncated or lowered to 0.75m in accordance with Clause 5.2.5 (Sight Lines) of the State Planning Policy 3.1 Residential Design Codes (the R-Codes) and to the satisfaction of the City of Bunbury.

1.19 Before the development commences, a landscaping plan must be submitted for the

approval of the City of Bunbury. The landscape plan must address the following:

(a) A site plan of existing and proposed development with natural and finished ground levels.

(b) The location, species and size of existing vegetation and vegetation to be removed.

(c) Exact species, location and number of proposed to be plants. (d) A key or legend detailing proposed species type grouped under the

subheadings of tree, shrub and ground cover. (e) Mulching or similar treatments of garden beds including edges. (f) Details of reticulation of landscaped areas including the source of the water

supply and proposed responsibility for maintenance. (g) Treatment of paved areas (parking and pedestrian areas). (h) Screening of car parking areas. (f) Fence material, height and treatment.

Before the development is occupied, the landscaped area(s) must be planted, established and reticulated in accordance with the endorsed landscape plan(s). These areas must be maintained as landscaped areas at all times and to the satisfaction of the City of Bunbury. Advice Notes:


1. This is a development approval only. The applicant/owner is advised that it is their responsibility to ensure that the proposed development complies with all other applicable legislation, local laws and/or license requirements that may relate to the development.

2. Where an approval has so lapsed, no development must be carried out without the further

approval of the local government having first been sought and obtained.

An application for an extension of time to an existing development approval shall require a formal written request, signed by both the land owner and applicant (if applicable) and the payment of the appropriate application fee (as per the Council's Fees and Charges Schedule), details of the relevant planning approval are required (eg. DA number, date of approval, property address). An application shall be received within one month prior to the expiration of the Development Approval. An extension of time shall only be granted once. Should an extension of time expire a new application for Development Approval will be required. 3. 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. 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.

4. The City of Bunbury advises that the site is identified as high to moderate risk of acid

sulphate soils. Further information can be obtained from the Department of Environment Regulation’s Acid Sulfate Soils Branch on (08) 6467 5000 or at www.der.wa.gov.au.

5. The City of Bunbury advises that should the ‘residential building’ intend to accommodate

more than six (6) persons, exclusive of the caretaker, an application as a ‘Lodging-house’ is to be made to the City of Bunbury’s Manager Environmental Health Services for assessment and approval prior to any changes.

A lodging house means any building or structure, permanent or otherwise, and any part thereof, in which provision is made for lodging or boarding more than 6 persons, exclusive of the family or the keeper thereof. For further information, please contact the City of Bunbury’s Environmental Health Services by telephone on (08) 9792 7100. 6. Advise the applicant, landowner and submitters of Council’s decision. Strategic Relevance Key Priority Area 3: Natural and Built Environment

Objective 3.4: Facilitate urban design, diversity of land users, and enabling infrastructure.

Key Priority Area 4: Regional Economy Objective 4.3: Promote Bunbury as a place that supports commercial, residential and

Social development

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


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

Property Address: Lot 27 (#15A) Forrest Avenue, South Bunbury

Zoning: Mixed Business R60

Existing Land Use: Vacant site (currently under construction)

Lot Area: 1434m²

Under the existing City of Bunbury Town Planning Scheme No. 7 (TPS7), the subject site is included in the ‘Mixed Business Zone’ with a residential density coding of R60, and is located within a transitional area which comprises of several different land uses including residential, community purpose, medical facilities and commercial/offices. The draft City of Bunbury Local Planning Scheme No. 8 (LPS8) was adopted by Council at its ordinary meeting held on 2 May 2017 (Decision 160/17). Consequently, the draft Scheme is considered to be a seriously entertained proposal, and therefore, must be taken into consideration when assessing planning proposals such as applications for development approval. As such, it should be noted that the subject lot is proposed to be rezoned to ‘Mixed Use – Residential’, in accordance with the City of Bunbury’s Draft Local Planning Scheme 8 (LPS8). The subject lot is located in close proximity to a range of amenities and services including the Plaza Shopping Centre and surrounding shops, offices and other businesses. In addition, the lot is situated within walking distance of public transport facilities, and the lot is situated approximately 1.0km from the Bunbury Central Business District (CBD). The proposed residential building consists of six bedrooms with ensuites, communal kitchen, lounge and dining facilities, and a live-in caretaker dwelling with an ensuite/kitchenette.

Development Plans of the proposed ‘residential building’ consisting of a Site Plan, Lower Floor Plan, Upper Floor Plan. Elevation Plan and Section Plan are attached at Appendix DPDS-1. Development approval was granted by Council for four multiple dwellings (Application Reference: 2016/169/1) on 6 September 2016 (Council Decision 325/16). The development is currently under construction. A location plan showing the subject site and its surrounds is attached at Appendix DPDS-2. 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 (as amended) - Planning and Development (Local Planning Schemes) Regulations 2015 - State Planning Policy 3.1 Residential Design Codes (the ‘R-Codes’) - City of Bunbury Town Planning Scheme No.7 (TPS7) - City of Bunbury Draft Local Planning Scheme 8 (LPS8) - City of Bunbury Local Planning Policy – Access & Parking for Pedestrians, Bicycles and

Vehicles


- City of Bunbury Local Planning Policy – Mixed Business Zone Special Development Area (Residential / Mixed Use Development).

Officer Comments The application seeks a variation/concession to the car parking requirements of TPS7 and the R-Codes. The overall development provides a total of 11 bays (including 1 ACROD Bay). - Stage 1 (multiple dwelling) requires 6 bays for the residential component (1.5 per unit), and 1

visitor parking bay, to make a total of 7 bays. - Stage 2 (‘residential building’) requires 7 bays for the residential component (1 per bedroom,

and 1 per employee) and 1 visitor parking bay, to make a total of 8 bays. As such, the overall car parking requirement is 15 bays, which results in a shortfall of four bays. The variation is therefore to be assessed against the design principles of Clause 5.3.3 – Parking within the R-Codes and the City of Bunbury Local Planning Policy – Access & Parking for Pedestrians, Bicycles and Vehicles. 5.3.3 – Car parking Extract of Clause 5.3.3 – Parking from State Planning Policy 3.1 Residential Design Codes (Page 27)

R-Codes Design Principle 5.3.3

P3.1 Adequate car parking is to be provided on-site in accordance with projected need related to:

The type, number and size of dwellings;

The availability of on-street and other off-street parking; and

The proximity of the proposed development to public transport and other facilities. P3.2 Consideration may be given to a reduction in the minimum of on-site car parking spaces for grouped and multiple dwellings provided:

Available street parking in the vicinity is controlled by the local government; and

The decision-maker is of the opinion that a sufficient equivalent number of on-street spaces are available near the development.

P3.3 Some or all of the required car parking spaces located off-site, provided that these spaces will meet the following:

The off-site car parking area is sufficiently close to the development and convenient for use by residents and/or visitors;

Any increase in the number of dwellings or possible plot ratio being matched by a corresponding increase in the aggregate number of car parking spaces;

Permanent legal right of access being established for all users and occupiers of dwellings for which the respective car parking space is to be provided; and

Where off-site car parking is shared with other uses, the total aggregate parking requirement for all such uses, as required by the R-Codes and the scheme being provided. The number of required spaces may only be reduced by up to 15 per cent where non-residential parking occurs substantially between 9 am and 5 pm on weekdays.

The proposed ‘residential building’ has been designed as short term accommodation for people aged 15-19 years old. The following justification from AccordWest has been provided in regards to the car parking variation.


‘AccordWest advise that one parking space will be required for the caretaker resident present at the Bunyap Residential Building. Further, AccordWest advise that the existing young accommodation facility has been operating since 1983 and during that time has never had a person with a vehicle. Given the age (15-19) years, financial situation of the tenants, and the tenancy agreements being short-term, it is very unlikely that they will have a vehicle’.

The applicant and landowner have provided written justification to the reduction of parking bays, which are attached at Appendix DPDS-3. The car parking requirement for a ‘residential building’ under the Scheme is ‘1 bay per bedroom, plus 1 bay per 4 bedrooms for visitor parking, plus 1 bay per employee’. Further, the design principles of R-Code Clause 5.3.3 – Parking states that ‘adequate car parking is to be provided on-site in accordance with projected need’. Based on the landowner’s assertion in relation to the previous youth accommodation centre on Knight Street, it is considered that the projected need for car parking for the 15-19 year old occupants is low. Furthermore, it is acknowledged that the socio-economic background of the tenants and the short-term tenancy agreements offered by AccordWest, it is likely to reduce the need/demand for on-site car parking. It is considered that there will be adequate parking for the long term residents of Stage 1 – (four multiple dwellings) and adequate parking for the caretaker of Stage 2 (‘residential building’) and any visitors which may visit the occupants of Stage 1 and Stage 2. This assessment is based on the fact that the subject lot interfaces the Bunbury Plaza neighbourhood level activity centre, which is serviced by high frequency (bus) public transport and is in close proximity to a wide range of local amenities and employment opportunities, all within a walkable catchment, which supports the variation to car parking. It is also noted that there is on-street parking available approximately 50m from the subject lot, directly adjacent to the Plaza Shopping Centre, and off-street parking within the Plaza Shopping Centre itself. Furthermore, that the public transport stop situated in close proximity to the subject lot is located on a bus route with direct access into the Bunbury Central Business District (CBD) along Spencer Street. For the reasons outlined, it can arguably be considered that the proposed variation can adequately meet the Design Principles of Clause 5.3.3 – Parking within the R-Codes. The option of seeking a cash in lieu contribution to supplement car parking located off-site is not available within this locality, as there are no planned or existing public car parks within a reasonable walking distance of the subject site. Alternatively, the option of providing on-street car parking directly in front of the subject lot is likewise not feasible, due to the limited width of the road verge along this section of Forrest Avenue (i.e. cannot accommodate both the pedestrian footpath and car parking embayment). Analysis of Financial and Budget Implications This application for development approval relates to private property, and therefore, the effect of the recommendation has no direct budgetary or financial implications for the City of Bunbury. If the applicant is aggrieved by a Council decision to refuse the application or to impose more stringent conditions (e.g. relating to onsite car parking) they may apply for a review of the decision


through SAT. If the decision is forwarded to SAT for appeal, the City of Bunbury may incur legal costs. Community Consultation Public advertising of this application for development approval occurred over the period 28 April 2017 to 19 May 2017 and involved: - Notification letters to nearby landowners and occupiers. In total, two (2) submissions were received, which one (1) was an objection and one (1) was support. Refer to the Schedule of Submissions attached at Appendix DPDS-4. Consultation with the Applicant The draft officer’s recommendation has been communicated with the applicant. 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.

Outcome – Council Meeting 27 June 2017 Cr Kelly declared a financial interest in the item and left the Chamber at 6.43pm for the duration of the discussion and the vote on the matter. Mr Neil Hamilton, AccordWest addressed Council speaking in support of the Executive Recommendation. The recommendation (as printed) was moved Cr Hayward, seconded Cr Steck. The Mayor put the motion to the vote and it was adopted to become the Council’s decision on the matter.

Council Decision 249/17 That Council: 1. In accordance with the Planning and Development Act 2005 (as amended), hereby

resolves to grant development approval for a ‘residential building’ at Lot 27 (#15A) Forrest Avenue, South Bunbury (application reference: DA/2017/70/1), subject to the following conditions:

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

definition of ‘residential building’ as contained in State Planning Policy 3.1 – Residential Design Codes (R-Codes).


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

1.3 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.

1.4 All works required to satisfy a condition of this approval are required to be

installed/constructed and maintained in accordance with the approved plans and conditions of approval for the life of the development.

1.5 Before the development is occupied, external clothes drying facilities must be provided in

accordance with clause 5.4.5 of the State Planning Policy 3.1 Residential Design Codes (the R-Codes). External clothes drying facilities must be effectively screened from public view at all times and to the satisfaction of the City of Bunbury. Details to be submitted with the building permit application.

1.6 Rubbish bin storage areas must be screened from public view at all times in accordance

with clause 5.4.5 of State Planning Policy 3.1 Residential Design Codes (the R-Codes) and to the satisfaction of the City of Bunbury.

1.7 Before the development is occupied, bollard style security lighting must be provided

along shared driveways and paths and must be designed, baffled, located and maintained at all times thereafter to the satisfaction of the City of Bunbury.

1.8 Before the development is occupied, a minimum of 11 car parking bays, including 1 car

parking bay provided for the exclusive use of disabled persons in accordance with AS/NZS 2890.6:2009, must be provided on the land the subject of this development approval and to the satisfaction of the City of Bunbury.

1.9 Before the development is commenced, detailed design plans shall be prepared in

accordance with relevant Australian Standards, Ausroad Guidelines, and City of Bunbury requirements, for all access, car parking and pedestrian movement requirements, to the satisfaction of the City of Bunbury. Once plans are approved construction is to be in accordance with the approved plans and be completed before the development is occupied.

1.10 Before the development is occupied, the access way(s), car parking (including line

marking and parking signage) and turning area(s) shall be constructed in accordance with the development approval to the satisfaction of the City of Bunbury.

1.11 Before the development commences, a crossover permit must be obtained from the City

of Bunbury. Construction and maintenance of the crossover shall be in accordance with the crossover permit.

1.12 Before the development is occupied, the redundant vehicular crossover(s) must be

removed and the area reinstated to the satisfaction of the City of Bunbury. 1.13 Before the development is occupied, any alterations, relocation or damage of existing

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


1.14 A minimum of 1m3 of storm water storage for each 65m2 of impervious area must be provided on site in accordance with the city of Bunbury’s Information Guide – Stormwater Disposal from Private, Commercial and Industrial Properties.

Detailed design plans of the proposed stormwater management must be submitted for approval prior to the development commencing, and be implemented in accordance with the approved plan prior to the development being occupied.

1.15 This property is situated on the Preston River Flood Plain and is susceptible to flooding.

Habitable rooms in any building construction must have a minimum finished floor level of 2.5 metres AHD in accordance with the City of Bunbury’s Local Planning Policy: Development in Flood Affected Areas.

1.16 Before the development is occupied, the property must be connected to the Water

Corporation reticulated sewerage system. 1.17 Any vacant land must be covered and maintained so as to avoid dust nuisance to nearby

businesses and residential dwellings, to the satisfaction of the City of Bunbury. 1.18 Before the development is occupied, the proposed front fence shall be constructed to a

maximum height of 1.8m, with front walls and fences within the primary street setback area visually permeable 1.2m above the natural ground level in accordance with clause 5.2.4 (Street Walls and Fences) and truncated or lowered to 0.75m in accordance with Clause 5.2.5 (Sight Lines) of the State Planning Policy 3.1 Residential Design Codes (the R-Codes) and to the satisfaction of the City of Bunbury.

1.19 Before the development commences, a landscaping plan must be submitted for the

approval of the City of Bunbury. The landscape plan must address the following: (a) A site plan of existing and proposed development with natural and finished ground levels. (b) The location, species and size of existing vegetation and vegetation to be removed. (c) Exact species, location and number of proposed to be plants. (d) A key or legend detailing proposed species type grouped under the subheadings of tree,

shrub and ground cover. (e) Mulching or similar treatments of garden beds including edges. (f) Details of reticulation of landscaped areas including the source of the water supply and

proposed responsibility for maintenance. (g) Treatment of paved areas (parking and pedestrian areas). (h) Screening of car parking areas. (f) Fence material, height and treatment. Before the development is occupied, the landscaped area(s) must be planted, established

and reticulated in accordance with the endorsed landscape plan(s). These areas must be maintained as landscaped areas at all times and to the satisfaction of the City of Bunbury.

Advice Notes: 1. This is a development approval only. The applicant/owner is advised that it is their

responsibility to ensure that the proposed development complies with all other applicable legislation, local laws and/or license requirements that may relate to the development.


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

An application for an extension of time to an existing development approval shall require

a formal written request, signed by both the land owner and applicant (if applicable) and the payment of the appropriate application fee (as per the Council's Fees and Charges Schedule), details of the relevant planning approval are required (eg. DA number, date of approval, property address). An application shall be received within one month prior to the expiration of the Development Approval.

An extension of time shall only be granted once. Should an extension of time expire a new

application for Development Approval will be required. 3. 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. 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.

4. The City of Bunbury advises that the site is identified as high to moderate risk of acid

sulphate soils. Further information can be obtained from the Department of Environment Regulation’s Acid Sulfate Soils Branch on (08) 6467 5000 or at www.der.wa.gov.au.

5. The City of Bunbury advises that should the ‘residential building’ intend to accommodate

more than six (6) persons, exclusive of the caretaker, an application as a ‘Lodging-house’ is to be made to the City of Bunbury’s Manager Environmental Health Services for assessment and approval prior to any changes.

A lodging house means any building or structure, permanent or otherwise, and any part

thereof, in which provision is made for lodging or boarding more than 6 persons, exclusive of the family or the keeper thereof.

For further information, please contact the City of Bunbury’s Environmental Health

Services by telephone on (08) 9792 7100. 6. Advise the applicant, landowner and submitters of Council’s decision. CARRIED 10 votes “for” / Nil votes “against”

Cr Kelly returned to the Chamber at 6.50pm.


10.18 Proposed Electric Fence at Lot 53 (#2) Vasse Street South Bunbury (was listed as item


File Ref: DA/2017/69/1

Applicant/Proponent: U R Safe Pty Ltd




Attachments: Appendix DPDS-5 – Location Plan Appendix DPDS-6 – Site Photographs Appendix DPDS-7 – Development Plans Appendix DPDS-8 – Written Justification by Owner Appendix DPDS-9 – Schedule of Submissions

Summary An application for development approval was lodged by U R Safe Pty Ltd on behalf of the landowner, Rayjon Nominees Pty Ltd, seeking to erect an electric fence along the primary street boundary of Lot 53 (#2) Vasse Street, South Bunbury. It is considered that the proposed electric fence would have an unacceptable impact on both the streetscape character and amenity of the locality and on city image more broadly for limited security benefit. The proposal does not comply with the objectives of the City of Bunbury’s adopted Local Planning Policy – Electric Fences, the requirements of the existing City of Bunbury Town Planning Scheme No. 7 (TPS7), and does not comply with the future intent or objectives of the ‘Mixed Use – Commercial Zone’ within the Draft Local Planning Scheme 8 (LPS8). For the reasons outlined above and discussed in this report, the application is recommended for refusal. Executive Recommendation That Council: 1. In accordance with the Planning & Development Act 2005 (as amended) hereby resolves to

refuse the application for development approval (application reference: DA/2017/69/1) for the proposed electric fencing at Lot 53 (#2) Vasse Street, South Bunbury, for the following reasons:

1.1 The proposed development is contrary to the objectives of City of Bunbury Local

Planning Policy - Electric Fences.

1.2 The proposed development would have an adverse impact on the streetscape character and amenity of the local area.

1.3 The proposed development is contrary to the requirements of ‘Special Use Zone 35’ (S.U.35) within the City of Bunbury Town Planning Scheme No. 7.


1.4 The proposed development is therefore contrary to items (a), (b), (g) and (n) of deemed clause 67 in Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015.

1.5 The proposal is inconsistent with the future planning direction and intent of the

‘Mixed Use – Commercial Zone’ within the City of Bunbury’s Draft Local Planning Scheme 8 (LPS8).

2. Advise the applicant, landowner and submitters of Council’s decision.

Strategic Relevance Key Priority Area 3: Natural and Built Environment

Objective 3.4: Facilitate urban design, diversity of land users, and enabling infrastructure.

Key Priority Area 4: Regional Economy Objective 4.3: Promote Bunbury as a place that supports commercial, residential and

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

Property Address: Lot 53 (#2) Vasse Street, South Bunbury

TPS7 Zoning: Special Use Zone 35

Draft LPS8 Zoning: Mixed Use – Commercial with a density coding of R20/60

Existing Land Use: Motor Vehicle, Boat or Caravan Sales

Lot Area: 6271m2

The subject lot is included in ‘Special Use Zone 35’ under TPS7 and is currently utilised as a Honda and Kia car dealership. The lot is bounded by residential development to the west, Bunbury Glade Caravan Park to the north, Vasse Street and Bussell Highway road reserves to the east, and a large medical centre (Brecken Health) to the south. The subject lot is proposed to be rezoned to ‘Mixed Use – Commercial’, in accordance with the City of Bunbury’s draft LPS8. A location plan showing the subject site and its surrounds is attached at Appendix DPDS-5. Photographs of the subject site and its surrounds are attached at Appendix DPDS-6. The proposed development plans, including the electric fence specifications and two examples of other electric fences provided by the applicant are attached at Appendix DPDS-7. 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 (as amended) - Planning and Development (Local Planning Schemes) Regulations 2015 - City of Bunbury Town Planning Scheme No.7 (TPS7) - Draft City of Bunbury Local Planning Scheme No.8 (LPS8) - City of Bunbury Local Planning Policy – Electric Fences.


Officer Comments The proposed electric fence is to be attached to the top of the existing fence along the primary street frontage of Lot 53 (#2) Vasse Street, South Bunbury, for a length of approximately 90m. The existing height of the fence is 1.8m, with the proposed 8 strands of electric fencing, making a total fence height of 2.4m. The subject site fronts onto Blair Street and directly adjoins a footpath, with the lot being situated in close proximity of medical facilities, a caravan park and an established residential neighbourhood. The subject lot is also within walkable distance (400m) of regional open space (Hay Park), an activity centre (Parks Centre Shopping Centre) and education facilities (Adam Road Primary School and Newton Moore Senior High School). The applicant has advised that the justification for the need of an electric fence is due to vandalism, and the owners of the lot have tried other options to deter vandalism including CCTV, upgrade to existing lighting and extra security patrols on long weekends. The landowner has provided written justification in the need for an electric fence, which is attached at Appendix DPDS-8. The applicant has advised that the electric fence will not be operational during business hours, with the current business hours being as follows: - Monday – 7:30am to 6:00pm - Tuesday – 7:30am to 6:00pm - Wednesday – 7.30am to 7:00pm - Thursday – 7:30am to 6:00pm - Friday – 7:30am to 6:00pm - Saturday – 7:30am to 12:30pm The electric fence will therefore be operational for a large proportion of Saturday and all of Sunday. The proposed electric fence has been assessed against the statutory framework, being the requirements of the existing Scheme’s ‘Special Use Zone 35’, City of Bunbury’s Local Planning Policy – Electric Fences, and the future zoning and objectives of the ‘Mixed Use Commercial Zone’ within the draft LPS8.

City of Bunbury Town Planning Scheme 7 – Special Use Zone 35 Special Use Zone 35 was created as a ‘Special Use – Commercial Residential Development’ zone in 2004 by amendment 7 and then was updated in 2011 by amendment 44 to the existing Scheme. Condition 1 at dot point 6, specifies that all development is to ensure that the ‘Landscaping and aesthetic treatment of Lot 2 and adjoining Reserves to ensure the highest standard of development occurs commensurate to site being the southern entry to Bunbury.’ As such, Lot 2 was the original parent lot, prior to subdivision into smaller lots, now comprising of the medical centre and car dealerships. It is considered that the proposed electric fencing would become a highly visible element along the front boundary of the subject lot, including being visible from Bussell Highway in both directions of travel. As such, the proposed development would have a significant visual impact on the locality’s streetscape character and amenity, and may also negatively affect public perception of crime and community safety.


The proposed electric fencing does not contribute to providing the highest standard of aesthetic treatment as such, and is therefore considered inappropriate given the adverse impact it would have on the visual amenity of the locality, including being viewed from Bussell Highway, therefore the proposal does not ensure the highest standard of development appropriate to the site being the ‘southern entry’ to Bunbury. It is therefore considered that the proposal does not comply with the ‘Special Use Zone 35’ requirements within TPS7. City of Bunbury Local Planning Policy – Electric Fences Extract of objectives from Local Planning Policy – Electric Fences (Page 1)

To support the processing of application for electric fences within defined areas within the Municipality of Bunbury.

To establish provisions whereby any proposed electric fence would not adversely affect the established level of amenity in any given situation, in terms of purely visual considerations.

To establish guidelines to be used in associated with Local Law titled “Private Property Amendment Local Law 2007” – Allowing for the installation of electric fencing within the District of the City of Bunbury subject to Council approval and conditions.

The existing locality is characterised by a range of different land uses, including a large medical centre, car dealerships, caravan park and adjoining residential areas to the south west. A footpath and car parking area runs parallel and adjacent to the site boundary, providing access to the medical centre and car dealerships. Clause 1.1 of the local planning policy states that “Electric fences are not permissible in any form in the ‘Residential’ zone and/or in the ‘Development Zone – Residential’. Electric fences may be considered on a purely discretionary basis, in all other zones.” The City of Bunbury TPS7 and the Deemed Provisions of the Planning and Development (Local Planning Schemes) Regulations 2015 define ‘amenity’ as ‘all those factors which combined to form the character of an area and include the present and likely future amenity.’ It is considered that the visual impact of the proposed electric fence would adversely affect the established and existing level of amenity in the locality. The proposed electric fence would become a highly visible element along the front boundary of the subject lot, directly adjacent to a footpath and car parking areas. Furthermore, it is considered that the addition of electric fences directly adjacent to footpaths and nearby to residential areas could set an undesirable precedent for the further introduction of electric fences among other commercial areas in Bunbury. Consequently, it is considered that the proposed electric fence does not comply with objective two (2) of the adopted local planning policy. City of Bunbury Draft Local Planning Scheme 8 The draft City of Bunbury Local Planning Scheme No 8 (LPS8) was adopted by Council at its ordinary meeting held on 2 May 2017 (Decision 160/17). Consequently, the draft Scheme is considered to be a seriously entertained proposal, and therefore, must be taken into consideration when assessing planning proposals such as applications for development approval.


The subject lot is proposed to be rezoned from ‘Special Use Zone 35’ to ‘Mixed Use – Commercial Zone’ with a density coding of R20/60. The objectives of the ‘Mixed Use – Commercial Zone’ is listed below: Extract of Table 2 – Zone Objectives from Draft Local Planning Scheme 8 (Page 7)

Mixed Use – Commercial

To facilitate development of non-residential and residential land uses in strategic locations that complements the hierarchy of activity centres with a predominantly commercial character and amenity, which meets both the employment and higher density housing needs of the City.

To facilitate the development of walkable and vibrant places; o With a distinctive sense of place that maintains a high standard of urban design

and amenity; o Within a walkable distance to a designated higher order activity centre or mixed

use activity centre; and o With convenient access to existing or future high frequency public transport routes.

To ensure that the scale of development and intensity of land use activity does not generate nuisances detrimental to the health, welfare and safety of residents and transitions sensitively into surrounding Mixed Use – Residential Zone and Residential Zone areas.

It is considered that the proposed electric fence does not meet the objective of facilitating the development of walkable and vibrant places that maintains a high standard of urban design and amenity. Furthermore, the definition of ‘amenity’ references the ‘likely future amenity’ of a locality. The proposed electric fence is directly adjacent to a footpath and car parking areas and it is considered that the proposal would have an adverse impact on the character and appearance of the area. The adjoining Lot 52 (which is currently owned by the land owners of Lot 53) could potentially be developed into a mixed use development, as the new draft Scheme permits mixed use development with a diverse range of commercial and residential development in close proximity. It is considered that the proposal does not comply with the future intent or objectives of the ‘Mixed Use – Commercial Zone’ within draft LPS8. Analysis of Financial and Budget Implications This application for development approval relates to private property, and therefore, the effect of the recommendation has no direct budgetary or financial implications for the City of Bunbury. If the applicant is aggrieved by Council’s decision they may apply for a review of the decision through SAT. If the decision is forwarded to SAT for appeal, the City of Bunbury may incur legal costs. Community Consultation Public advertising of this application for development approval occurred over the period of 10 April 2017 to 2 May 2017 and involved the following measures: - Notification letters to nearby landowners and occupiers - Notification letters to relevant government agencies and service providers


- Two public notification signs on-site - Public notices published in a locally circulated local newspaper - Public notices posted on the City of Bunbury’s website. In total six (6) submissions were received; three (3) were from government agencies/service providers and three (3) from the general public. Of the three (3) submissions from the general public, one (1) was an objection and two (2) were support. Refer to the Schedule of Submissions attached at Appendix DPDS-9. Consultation with the Applicant The draft officer’s recommendation has been communicated with the applicant. 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. Outcome – Council Meeting 27 June 2017 Mr Jeff Rodwell and Mr Scott Jones addressed Council speaking against the Executive Recommendation. The recommendation (as printed) was moved Cr McCleary, seconded Cr Kelly. The Mayor put the motion to the vote and it was LOST 2 votes “for” / 9 votes “against”. No Council decision was made in this regard.


10.19 Amendments to CBD Parking Arrangements (was listed as item 10.4.4 on the Council Agenda)

File Ref: SF/3580

Responsible Officer: Neil Dyer, Team Leader Parking


Attachments: Appendix DPDS-10: Occupancy Survey Results Graphs Appendix DPDS-11: City of Bunbury General Parking Reserve Forecast

Summary The revitalisation of the CBD has been a topic of interest to Council and the City of Bunbury for some time. As part of understanding what issues are affecting the CBD, the Mayor convened a meeting with key business people, the Bunbury Geographe Chamber of Commerce and Industry and real estate property managers to discuss this matter. A number of issues were raised at that meeting, the perception of the role of consequences of paid parking being one of them. In order to better understand the use of the CBD, the City conducted a CBD Experience Survey which 801 people responded with useful and telling data being provided. At the same time a number of CBD business owners and other interested people approached the City of Bunbury and requested a review of the current parking arrangements within the CBD be undertaken. In response to the concerns raised and in the absence of a comprehensive review by an external parking consultant, staff have considered the current parking arrangements and have provided a number of changes to the parking strategy for consideration by Council. Executive Recommendation A That Council: 1. Agree to the following amendments to the parking arrangements in the City of Bunbury:

(a) No time limits nor parking tickets required on Sundays and Public Holidays; (b) No time limits nor parking tickets required on Saturdays; (c) Introduce PayStay for on-street parking; (d) Increase the free parking time limit in all Visitor Shopper car parks from 2 hours to

3 hours with a parking ticket required; (e) Reprogram the ticket issuing machines to make provision for one (1) hour of free

parking on street when a ticket is issued, with existing time limits as sign posted to continue to apply; and

(f) Where parking occupancy permits, review/increase existing 2 hour time limits within the CBD.

2. Endorse the changes to parking arrangements to be applied on or before 31 August 2017. 3. Support the development of a marketing plan for the CBD relating to parking. 4. Support the improvement/creation of directional parking signage and City promotional

signage.


5. Request the Chief Executive Officer provide a report in September 2018 assessing the

impact that the changes have had on CBD parking. Executive Recommendation B 1. That Council approve the allocation of $151,800 from the City of Bunbury General Parking

Reserve to fund the above amendments to CBD parking, subject to a change to the purpose of the City of Bunbury General Parking Reserve being approved by Council when adopting the 2017/18 budget.

Note: Absolute majority required Strategic Relevance Key Priority Area 4 Regional Economy Objective 4.2 Create an environment that will attract new business Background In August 2007, Council endorsed a Parking Strategy for the Bunbury CBD (Council Decision 181/07). The Strategy was developed to ensure that all car parking within the CBD was used efficiently and effectively. The key components of the Strategy included: - 2hr free Visitor/Shopper car parks at prime locations around the CBD - The establishment of fixed low cost all-day car parks around the fringes of the CBD for

workers; and - The introduction of paid on-street parking to sit alongside the existing time restrictions. In June 2011, Council commissioned an independent review of the implementation of the 2007 Parking Strategy (Council Decision 151/12). The subsequent report concluded that the implementation of the Strategy was sound however the report did provide recommendations to address things raised within the review. The changes to parking arrangements following the review included: - Increasing of the one (1) hour time on-street time limit to two (2) hours; and - changing the time paid parking commences from 8:00am to 8.30am. In January 2017, a meeting was held by the Mayor and staff with a number of business people to discuss the perceived need for activation of the CBD, the decline of businesses in the CBD and its lack of vibrancy. In March 2017 a further meeting was held with another group of business owners representing CBD business to again discuss the CBD parking arrangements. Both meetings recognised that a number of factors are affecting the CBD including the relocation from the CBD of a number of some larger businesses/offices, the advent of internet shopping, high commercial rents and generally older buildings and paid parking. The meeting recognised that some of the factors were beyond the control of City and so the focus of the meetings remained on car parking.


Staff took the opportunity to review existing parking arrangements to ascertain if changes were able to be implemented to address some of the concerns raised but still maintain the effectiveness of the parking management within the CBD. In March 2017 the City undertook a CBD experience survey. Numerous responses from an open-ended question indicated that the community viewed current parking arrangements as an issue. The results of the survey and a list of suggestions relating to parking proposed through the meetings were then presented at a public meeting in May 2017. The Officer’s recommendations include changes to both the existing parking arrangements and a way in which to attract people to the CBD and make their visit more enjoyable. The recommendations are listed below: 1. Develop and implement a marketing plan and reinforce with education through parking

officers 2. Develop and implement a signage plan for CBD parking 3. Removal of parking restrictions on public holidays 4. Where parking occupancy permits, review/increase of existing 2 hour time limits within

CBD 5. Introduce a pay-by-phone (PayStay) for on-street parking 6. Increase the free time period in Visitor/shopper car parks from 2 hours to 3 hours 7. Market and promote the City’s Central Business District 8. Change parking start time from 8:30am to 9:00am 9. Change parking end time from 5:00pm to 4:30pm. In June 2017, a follow-up meeting was held with representatives of the business community and the participants of the previous meetings to seek comment on the proposed changes and seek confirmation that the changes to CBD parking were in line with their requirements. At this meeting they presented the following amendments to parking arrangements that they would like Council to consider: - 2 hours of free parking on-street without the need to obtain a ticket from the machine - Free parking on Saturdays (with the retention of the time restriction) - Shoppers car parks to provide 2 hours free parking that is able to be extended with the

payment of a fee - An increase of parking fines from $30 up to $100. On 9 June 2017, the Retail Co (a group of concerned business owners) advised that their preferred option was to cover the parking machines for a trial of 15 months with a time limit on the street. Their second option is to have 2 hours free on the street. Legislative Compliance There are no changes required to City of Bunbury Parking and Parking Facilities Local Law’s. In accordance with section 6.11 (3) of the Local Government Act 1995, Council will need to consider an amendment to the purpose of the Parking Reserve as part of the adoption of the 2017/2018 annual budget to include promotion of the CBD.


Officer Comments Car parking within the CBD is continually monitored by City staff. The monitoring of the parking was established when the current Parking Strategy was introduced to ensure its continued relevance and to enable any changes being made to be done in a manner that would not compromise the fundamental fabric of the strategy. The tools used to assist in monitoring parking includes a comparison of parking income as well as the data results from the Annual Average Occupancy Survey that is undertaken twice a year. A summary of this data is attached at Appendix DPDS-10. When assessing this data it was determined that although the key indicators have remained constant, some changes could be made to the existing parking arrangements that could improve CBD parking or that would not have any major adverse impacts on the strategy. These changes are: - Removal of parking restrictions on public holidays - Review of the time limit outside the core of the CBD - The introduction of a Pay-by-Phone scheme for on-street parking - Increasing the free period in Visitor/Shopper car parks from 2 hours to 3 hours - Develop a marketing plan for the CBD relating to parking - Improve/create directional signage, maps and Apps for parking. In addition to the above items, two additional changes to the parking arrangements have been identified however these would both have an immediate and negative impact on the existing Parking Strategy. Changes of this nature should be only undertaken after careful consideration of the potential impacts. These changes are: - Removing the parking time restrictions and fees on Saturdays - Providing one hour free parking on-street within the CBD. The removal of parking time restrictions and fees on Saturdays will assist in removing any confusion with regards to parking requirements on Saturdays however as vehicle occupancy on Saturdays nears the midweek average between 10:00am and 1:00pm, the removal of all restrictions will enable vehicles to be parked on-street for extended periods which in turn will result in a lack of available parking and increased congestion and potential driver frustration. The provision of a free period on-street other than the existing 1/4P (15 minute) parking bays will encourage motorists to actively seek out the prime on-street parking over the free off-street parking already provided in Visitor/Shopper car parks. The likely result will be ‘bay hunting’ and increased traffic congestion and driver frustration. Analysis of Financial and Budget Implications The estimated cost of undertaking the change to the existing parking arrangements is:-

Replacement/modification of the existing parking signage $25,000

Reprogramming of ticket issuing machines (excluding staff time). $1,800

Sub Total $26,800

To develop marketing plan $80,000

Improve/create directional signage $45,000

Sub Total $125,000

TOTAL $151,800


The estimated loss of revenue is:-

Changes to visitor shopper car parks $ 80,000

1 hour free on-street parking $495,000

Removal of paid parking on public holidays $12,000

Removal of paid parking on Saturdays $156,000

Operational savings (salaries Sat loading) ($6,000)

TOTAL $737,000

Currently only one Parking Officer is rostered to work on Saturdays. As well as parking, this officer is also utilised to assist the general duties Ranger/s if they require additional assistance and to assist with any event traffic management being undertaken by the City on the day. If parking regulations were removed from Saturday, this officer would not be required to work and so there would be salary saving to the value of the Saturday loading - an amount of about $6,000 per year. There would also be a slight reduction in the machine maintenance as there would be no servicing requirements on Saturdays. The City does however have an agreement to maintain the machines in private car parks and undertake enforcement on Saturdays and this would need to be reviewed to determine if it was to continue. Since the introduction of the Parking Strategy, surplus funds from the parking income have been deposited into the Parking Reserve. Details of the Reserve and projects undertaken with the associated funds are attached at Appendix DPDS-11. The City of Bunbury General Parking reserve is forecast to have a balance of $1.8M at 30 June 2017. Community Consultation Community consultation has occurred in the form of a public survey on Surveymonkey, public meeting and meetings with interested members of the business community. Consultation relating to on-street metered parking resulted in the support for the first hour to be free of charge with the ability to purchase a maximum of one additional hour (2 hours maximum per on-street bay). This preference was identified following discussions between the Mayor, Don Punch – MLA, the Bunbury Geographe Chamber of Commerce and Industries and key Commercial Realtors who provided feedback from property owners and renters identifying this preference. Councillor/Officer Consultation All Councillors were made aware of the public meetings and the survey that was being undertaken at a briefing session on 6 June 2017. Outcome – Council Meeting 27 June 2017 Ms Megan Gianfrancesco, Ms Cheryl Kozisek, Mr John Ventris and Mr David Kerr addressed Council in relation to this item. Recommendation A (as printed) was moved Mayor Brennan, seconded Cr McCleary.


Cr Morris moved, Cr Kelly seconded an amendment to Recommendation A, part 1 (e) as follows:

(e) Reprogram the ticket issuing machines to make provision for two (2) one (1) hours of free parking on street when a ticket is issued, with existing time limits as sign posted to continue to apply; and

The Mayor put the amendment to Recommendation A to the vote and it was CARRIED 6 votes “for” / 5 votes “against”. Cr Kelly moved, Cr Steele seconded an amendment to remove part 1 (b) of Recommendation A and amend part 1 (e) as follows: That Council: 1. Agree to the following amendments to the parking arrangements in the City of Bunbury:

(a) No time limits nor parking tickets required on Sundays and Public Holidays; (b) No time limits nor parking tickets required on Saturdays; (c) Introduce PayStay for on-street parking; (d) Increase the free parking time limit in all Visitor Shopper car parks from 2 hours to 3

hours with a parking ticket required; (e) Reprogram the ticket issuing machines to make provision for two (2) hours of free

parking on street when a ticket is issued (Monday to Saturday), with existing time limits as sign posted to continue to apply; and

(f) Where parking occupancy permits, review/increase existing 2 hour time limits within the CBD.


signage. 5. Request the Chief Executive Officer provide a report in September 2018 assessing the

impact that the changes have had on CBD parking. The Mayor put the amendment to Recommendation A to the vote and it was CARRIED 8 votes “for” / 3 votes “against”. The two amendments were incorporated into the substantive motion. The Mayor put the substantive motion to the vote and it was adopted to become the Council’s decision on the matter.


Council Decision 250/17 That Council: 1. Agree to the following amendments to the parking arrangements in the City of Bunbury: (a) No time limits nor parking tickets required on Sundays and Public Holidays; (b) Introduce PayStay for on-street parking; (c) Increase the free parking time limit in all Visitor Shopper car parks from 2 hours to 3

hours with a parking ticket required; (d) Reprogram the ticket issuing machines to make provision for two (2) hours of free

parking on street when a ticket is issued (Monday to Saturday), with existing time limits as sign posted to continue to apply; and

(e) Where parking occupancy permits, review/increase existing 2 hour time limits within the CBD.


signage. 5. Request the Chief Executive Officer provide a report in September 2018 assessing the

impact that the changes have had on CBD parking. CARRIED 8 votes “for” / 3 votes “against”

Recommendation B (as printed) was moved Cr Cook, seconded Cr Kelly. The Mayor put the motion to the vote and it was adopted to become the Council’s decision on the matter.

Council Decision 251/17 1. That Council approve the allocation of $151,800 from the City of Bunbury General Parking

Reserve to fund the above amendments to CBD parking, subject to a change to the purpose of the City of Bunbury General Parking Reserve being approved by Council when adopting the 2017/18 budget.

CARRIED 10 votes “for” / 1 vote “against”


11. Applications for Leave of Absence

11.1 Request for Leave of Absence – Councillor Warnock

Applicant/Proponent: Cr Monique Warnock

Author: Mal Osborne, Acting Chief Executive Officer


Attachments: Nil

Summary/Background Councillor Warnock requests leave of absence from all Council-related business from 18 July 2017 to 8 August 2017 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, Councillor Warnock is granted leave of absence from all Council-related business from 18 July 2017 to 8 August 2017 inclusive. Outcome – Council Meeting 27 June 2017 The recommendation (as printed) was moved Cr Cook, seconded Cr Hayward. The Mayor put the motion to the vote and it was adopted to become the Council’s decision on the matter.

Council Decision 252/17 Pursuant to Section 2.25 of the Local Government Act 1995, Councillor Warnock is granted leave of absence from all Council-related business from 18 July 2017 to 8 August 2017. CARRIED 11 votes “for” / Nil votes “against”

12. Motions on Notice

Nil.


13. Questions on Notice

13.1 Response to Previous Questions from Members taken on Notice The following Questions on Notice were received from Cr Michelle Steck. Responses are included below each question.

Question 1

What is the total cost of parking meters being installed, purchased, upgraded, replaced, and

technology replacement (including credit card capacity) since Council adopted the paid parking

policy?

Response As per the table attached at Appendix DPDS-11, being the City of Bunbury General Parking Reserve Summary 2011/12 to 2016/17. Question 2

What has been the total cost of collecting the money from the parking machines since installation

of the parking meters?

Response The total cost for the collection, counting and deposit of coinage from parking machines between August 2010 and May 2017 is $340,671 (including GST). Question 3 What other costs has council incurred from the paid parking policy, such as facility upgrade to store

the parking machines and parts?

Response Nil. All costs relating to parking are reflected in the operational budget (as per question 1) and replacement machines are being stored in a second hand shipping container that was removed from Hay Park. Question 4 What future costs or major replacement of machines is to be considered or incurred by council?

Response Parking machines have an operating life of approximately seven years. The cost of a machine is approx. $9,500. In 2016/2017 forty machines were replaced and 82 received a hardware upgrade. Question 5 What further costs for storing the parking machines are to be considered or incurred by council?

Response Once replaced, the old parking machines are stripped to allow for the storage of usable parts and the disposal of non-usable parts. The replacement of the shipping container is proposed however, and once constructed only part of this facility will be used for the storage of parking machine parts.


Question 6 What has been the cost thus far for signage since implementation of the parking machines?

Response CBD parking signage comes from an operational budget (Council signs operation) which also covers the production and installation of all signs within the City other than the street signs. The annual budget is $56,000. Question 7 What predicted costs for signage will council incur for the parking machines in the future?

Response There is no change proposed for the operational budget. Question 8 What costs has council spent on advertising materials for the parking machine since inception of

the policy?

Response Since 2010 the City has invested $13,633 for the production and printing of parking brochures and flyers. Question 9

What costs has council incurred on pamphlets and other educational tools for the community thus

far?

Response Since 2010 the City has invested $13,633 for the production and printing of parking brochures and flyers. Question 10

What has been the total cost of staff time over the years in consulting with business and the

community in regards to the paid parking policy?

Response Parking staff undertake a variety of roles including consultation and communication with business and the community in relation to parking. Staff time is not spent exclusively on CBD parking, and also includes matters in residential, recreational and commercial areas within the City of Bunbury. Question 11 What has been the total cost to council in staff time in generating the paid parking policy, creating

documents and reviewing of the parking strategy since implementation of the parking meters?

Response There has not been a specific record kept of the amount of time each and every City staff member has spent on developing, reviewing or responding to matters relating to car parking since the implementation of the parking strategy.


Question 12 What will be the future costs incurred by council in regards to staff time reviewing all reports,

engaging again with community including the recent community consultation of the future of the

CBD and the implied impacts to business in regards to the parking meters?

Response City staff undertake a number of parking related roles which include the reviewing of reports and engaging with the community on parking related matters. The cost for undertaking this is absorbed within the existing operational budgets.

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 Mayor declared the meeting closed at 7.58pm.

city of bunbury council minutes 27 june 2017 and minutes/archives … · the minutes of the...

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