Bunbury City Council Minutes 12 July 2016 and Minutes/Archives … · 12 July 2016. Table of...

CITY OF BUNBURY

4 Stephen Street

Bunbury WA 6230

Western Australia

Correspondence to:

Post Office Box 21

Bunbury WA 6231

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

Bunbury City Council

Minutes

12 July 2016

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 .............................................................................................................................. 8

6.1 Public Question Time ............................................................................................................... 8

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

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

7.1 Minutes .................................................................................................................................... 9

7.1.1 Minutes – Ordinary Council Meeting ..................................................................... 9

7.1.2 Minutes – Council Advisory Committees and Working/Project Groups ............. 10

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

8.1 Petitions ................................................................................................................................. 11

8.2 Presentations ......................................................................................................................... 11

8.3 Deputations ........................................................................................................................... 11

8.4 Council Delegates’ Reports .................................................................................................... 15

8.5 Conference Delegates’ Reports ............................................................................................. 15

9. Method of Dealing with Agenda Business ............................................................................................ 15

10. Reports .................................................................................................................................................. 16

10.1 Proposed New Council Policy – Minor Grants (was listed as 10.1.2 of the Council Agenda) 16

10.2 Proposed New Council Policy – Delegates Reports (was listed as item 10.1.3 of the Council

Agenda) .................................................................................................................................. 18

10.3 Proposed New Council Policy – Activation of Public Open Space (was listed as 10.1.4 of

the Council Agenda) ............................................................................................................... 20

10.4 Review of Council Policy – Risk Management (was listed as 10.1.5 of the Council Agenda) 23

10.5 Review of Council Policy – Public Interest Disclosure (was listed as 10.1.6 of the Council

Agenda) .................................................................................................................................. 25

10.6 Funding for the Future Depot Site (was listed as 10.2.1 of the Council Agenda) .................. 28

10.7 Cornwall Street Carpark (was listed at item 10.2.2 of the Council Agenda) ......................... 31

10.8 State Library of Western Australia – Regional Model 2016/2017 (was listed as item 10.3.1

of the Council Agenda)........................................................................................................... 34

10.9 Replacement of Cladding to Bunbury Regional Entertainment Centre Fly Tower (was listed

as 10.5.1 of the Council Agenda) ........................................................................................... 39

10.10 Review of Council Policy – Leases and Licences (was listed as item 10.1.1 of the Council

Agenda) .................................................................................................................................. 42

10.11 Civic and Cultural Precinct (was listed as item 10.2.3 of the Council Agenda) ...................... 49

Table of Contents

Item No Subject Page

10.12 Proposed Scheme Amendment 78 to Rezone Lot 100 Bunning Boulevard, East Bunbury,

from ‘Residential Zone’ to ‘Special Use Zone No. 61 – Local Centre’ and ‘Special Use Zone

No. 62 – Mixed Use Frame’ (was listed as 10.4.1 of the Council Agenda) ............................ 54

10.13 Planning for the Nuytsia Avenue, Ecclestone Street, Barr Road and Brittain Road Stables

Precinct (was listed as 10.4.2 of the Council Agenda) ........................................................... 63

11. Applications for Leave of Absence ........................................................................................................ 75

11.1 Application for Leave of Absence – Cr Joel McGuinness ....................................................... 75

12. Motions on Notice ................................................................................................................................ 76

13. Questions on Notice ............................................................................................................................. 76

13.1 Response to Previous Questions from Members taken on Notice........................................ 76

13.2 Questions from Members ...................................................................................................... 76

14. New Business of an Urgent Nature Introduced by Decision of the Meeting ....................................... 76

15. Meeting Closed to Public ...................................................................................................................... 77

15.1 Matters for which the Meeting may be Closed ..................................................................... 77

15.1.1 Koombana Bay Redevelopment Project – Detailed Design Tender..................... 78

15.2 Public Reading of Resolutions that may be made Public ....................................................... 79

16. Closure .................................................................................................................................................. 79

12 July 2016

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.

12 July 2016


Bunbury City Council

Notice of Meeting

Minutes of the Ordinary Meeting of the Bunbury City Council held in the Council Chambers, City of Bunbury

Administration Building, 4 Stephen Street, Bunbury on Tuesday, 12 July 2016 at 5.30pm.

Minutes 12 July 2016

Note: These Minutes are subject to confirmation at the next Ordinary meeting of the Council.

1. Declaration of Opening / Announcements of Visitors

This meeting was declared open by the Mayor Mr 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 announced that the Premier along with Minister Jacob and Minister Redman visited

Bunbury yesterday to announce the funding of $28 million dollars for the new Department of Parks

and Wildlife building. Landscaping will begin this calendar year with construction on the building to

start next year. The Mayor thanked the State Government for the funding.

The Mayor announced the City has also received a $20,000 federal grant for lighting the pedestrian

pathway in Queens Gardens which is located in Cobblestone Drive, and another $10,000 in funding

from the State Government to help fund an indigenous Art Program.

The Mayor took the opportunity to advise Councillors that on the 19 July 2016 there will be a

delegation visiting from the Vietnam North West Development Committee, who will be in the

South West for one day and will be meeting with the Mayor.

The Mayor also took the opportunity to invite Councillors along to a meet and greet with the

Chinese Consul General and his wife and four Consul Officials on 22 July 2016. The Mayor advised

Councillors that the Bunbury Chamber of Commerce will be hosting a luncheon for the Chinese

Consul General and if they wish to attend to register through the Bunbury Chamber of Commerce.

12 July 2016


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 J McGuinness

Councillor M Steck

Councillor W Giles

Councillor K Steele

Councillor J Miguel

Councillor M Warnock

Councillor M Cook

Executive Leadership Team (Non-Voting)

Acting Chief Executive Officer Mrs S Addison-Brown

Director Works and Services Mr G Harris

Acting Director Planning, Development and Regulatory Services Mrs S Upton

Council Officers (Non-Voting)

Media and Communications Officer Mrs L. Gallo

Manager Finance Mr D Ransom

Manager Major Projects Mrs F Anderson

Manager Governance Mr G Golinski

Acting Council Meeting Support Officer Miss K Merwood

Property Officer Miss K Anderson

Sport and Recreation Liaison Officer Mr G Thompson

Manager Sustainability and Integrated Land Use Planning Mr T Farnsworth

Manager Community and Library Services Mrs S Chapman

Planning Officer Mr A Pick

Others (Non-Voting)

Members of the Public Approx. 40

Members of the Press 2

4.1 Apologies

Nil.

4.2 Approved Leave of Absence

Cr McCleary is on approved leave of absence from all Council-related business from 29 June 2016

to 13 July 2016 inclusive.

12 July 2016


5. Declaration of Interest

Members should fill in Disclosure of Interest forms for items in which they have a financial,

proximity or impartiality interest and forward these to the Presiding Member before the meeting

commences.

Section 5.60A: “a person has a financial interest in a matter if it is reasonable to expect that the

matter will, if dealt with by the local government, or an employee or committee of the local

government or member of the council of the local government, in a particular way, result in a

financial gain, loss, benefit or detriment for the person.”

Section 5.60B: “a person has a proximity interest in a matter if the matter concerns –

(a) a proposed change to a planning scheme affecting land that adjoins the person’s

land; or

(b) a proposed change to the zoning or use of land that adjoins the person’s land; or

(c) a proposed development (as defined in section 5.63(5)) of land that adjoins the

person’s land.”

Regulation 34C (Impartiality): “interest means an interest that could, or could reasonably be

perceived to, adversely affect the impartiality of the person having the interest and includes an

interest arising from kinship, friendship or membership of an association.”

Cr Judy Jones declared an impartiality interest in the item titled “10.4.2 Planning for the Nuytsia

Avenue, Ecclestone Street, Barr Road and Brittain Road Stables Precinct” as she is the Chairman of

Aqwest and there is reference to public drinking water supply area. Cr Jones will remain in chamber

for the duration of the discussion and the vote on the matter.

Cr James Hayward declared an impartiality interest in the item titled “15.1.1 Koombana Bay

Redevelopment Project – Detailed Design Tender” as he is a member of an organisation that has

had dealings with one of the tenders. Cr Hayward will remain in the chamber for the duration of

the discussion and the vote on the matter.

Cr James Hayward declared an impartiality interest in the item titled “10.2.3 Civic and Cultural

Precinct” as he has a relationship with a business of an adjoining property. Cr Hayward will remain

in the chamber for the duration of the discussion and vote on the matter.

Cr Michelle Steck declared a financial interest in the item titled “10.4.1 Proposed Scheme

Amendment 78 to Rezone Lot 100 Bunning Boulevard, East Bunbury, from ‘Residential Zone’ to

‘Special Use Zone No. 61 – Local Centre’ and ‘Special Use Zone No. 62 – Mixed Use Frame” as her

partner is the owner of this property. Cr Steck will leave the chamber for the duration of the

discussion and the vote on the matter.

Cr Jaysen Miguel declared an impartiality interest in the item titled “10.1.1 Review of Council Policy

– Leases and Licences” as he is the president of Colts Cricket Club which has a lease with the City. Cr

Miguel will remain in the chamber for the duration of the discussion and vote on the matter.

Cr Murray Cook declared an impartiality interest in the item titled “10.1.1 Review of Council Policy –

Leases and Licences” as he chairs the Young Driver Development Program, deputy chair of

Morrissey Homestead and has a relation who is on the Executive committee of Moorabinda

Croquet Club. Cr Cook will remain in the chamber for the duration of the discussion and vote on the

matter.

12 July 2016


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

Mr David Smith, of 8 Picton Crescent, Bunbury, submitted the following questions to Council on 12

July 2016:

Question 1

Was the Stable subdivision originally undertaken by Council itself?

Question 2

If so, has Council sought any advice from its Solicitors or insurers as to any liability it might have if

any changes to zoning of surrounding land prevents the use of the lots in the original subdivision as

stables, and if so what has been advised.

Question 3

How many lots does Council expect to be created from:

1) The Depot and SES land

2) The Jog track and surrounding land.

3) On the land adjacent to Hands Avenue, and

4) How much does Council expect to nett from each of these subdivisions?

Mr David Smith was advised by the Mayor that his questions will be taken as correspondence.

6.2 Responses to Public Questions Taken ‘On Notice’

Nil.

12 July 2016


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

7.1 Minutes

7.1.1 Minutes – Ordinary Council Meeting

The minutes of the Ordinary meeting of the Bunbury City Council held 28 June 2016 have been

circulated.

Recommendation

The minutes of the Ordinary meeting of the Bunbury City Council held 28 June 2016 be confirmed

as a true and accurate record.

Outcome – Council Meeting 12 July 2016

The recommendation (as printed) was moved Cr Giles, 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 218/16

The minutes of the Ordinary meeting of the Bunbury City Council held 28 June 2016 be confirmed

as a true and accurate record.

CARRIED

12 votes “for” / Nil votes “against”

12 July 2016


7.1.2 Minutes – Council Advisory Committees and Working/Project Groups

Applicant/Proponent: Internal Report

Author: Greg Golinski, Manager Corporate Governance

Executive: Stephanie Addison-Brown, Acting Chief Executive Officer

Attachments: Appendix MTBN-1 – Policy Review and Development Committee

Minutes 16/06/2016

Summary

The following Advisory Committee Meetings were held and the minutes are presented for noting:

1. Title: Policy Review and Development Committee Minutes 16/06/2016

Author: Greg Golinski, Manager Corporate Governance

Appendix: MTBN-1

Council Committee Recommendation

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

1. Policy Review and Development Committee Minutes 16/06/2016


The recommendation (as printed) was moved Cr Jones, seconded Cr Hayward.


matter.


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

1. Policy Review and Development Committee Minutes 16/06/2016

CARRIED


12 July 2016


8. Petitions, Presentations, Deputations and Delegations

8.1 Petitions

Nil.

8.2 Presentations

Nil.

8.3 Deputations

Elizabeth Edwards, PO BOX 1701, Bunbury

Ms Elizabeth Edwards requested to address item 10.1.1 titled “Review of Council Policy – Leases

and Licences”.


Pursuant to clause 6.9 (2)(b) of Councils Standing Orders, Council approves Ms Elizabeth Edwards

deputation to address item 10.1.1 titled “Review of Council Policy – Leases and Licences” and

allows a period of up to 5 minutes to present to Council.

CARRIED

Mr John Jury, PO BOX 1191, Bunbury

Mr John Jury requested to address item 10.1.1 titled “Review of Council Policy – Leases and

Licences”.


Pursuant to clause 6.9 (2)(b) of Councils Standing Orders, Council approves Mr John Jury’s

deputation to address item 10.1.1 titled “Review of Council Policy – Leases and Licences” and

allows a period of up to 5 minutes to present to Council.

CARRIED

12 July 2016


Mr Ross Underwood, 296 Fitzgerald Street, Perth

Mr Ross Underwood requested to address item 10.4.1 titled “Proposed Scheme Amendment 78 to

Rezone Lot 100 Bunning Boulevard, East Bunbury, from ‘Residential Zone’ to ‘Special Use Zone No.

61 – Local Centre’ and ‘Special Use Zone No. 62 – Mixed Use Frame”.


Pursuant to clause 6.9 (2)(b) of Councils Standing Orders, Council approves Mr Ross Underwood’s

deputation to address item 10.4.1 titled “Proposed Scheme Amendment 78 to Rezone Lot 100

Bunning Boulevard, East Bunbury, from ‘Residential Zone’ to ‘Special Use Zone No. 61 – Local

Centre’ and ‘Special Use Zone No. 62 – Mixed Use Frame”.

CARRIED

Mr Barry Truman, 8 Bunning Boulevard, Bunbury

Mr Barry Truman requested to address item 10.4.1 titled “Proposed Scheme Amendment 78 to

Rezone Lot 100 Bunning Boulevard, East Bunbury, from ‘Residential Zone’ to ‘Special Use Zone No.

61 – Local Centre’ and ‘Special Use Zone No. 62 – Mixed Use Frame”.


Pursuant to clause 6.9 (2)(b) of Councils Standing Orders, Council approves Mr Barry Truman’s

deputation to address item 10.4.1 titled “Proposed Scheme Amendment 78 to Rezone Lot 100

Bunning Boulevard, East Bunbury, from ‘Residential Zone’ to ‘Special Use Zone No. 61 – Local

Centre’ and ‘Special Use Zone No. 62 – Mixed Use Frame”.

CARRIED

Mr Bryce McIntosh, 11 Barr Road, Bunbury

Mr Bryce McIntosh requested to address item 10.4.2 titled “Planning for the Nuytsia Avenue,

Ecclestone Street, Barr Road and Brittain Road Stables Precinct”.


Pursuant to clause 6.9 (2)(b) of Councils Standing Orders, Council approves Mr Bryce McIntosh’s

deputation to address item 10.4.1 titled “Planning for the Nuytsia Avenue, Ecclestone Street, Barr

Road and Brittain Road Stables Precinct”.

CARRIED

12 July 2016


Ms Michelle Larsson, 76 Ecclestone Street, Bunbury

Ms Michelle Larsson requested to address item 10.4.2 titled “Planning for the Nuytsia Avenue,



Pursuant to clause 6.9 (2)(b) of Councils Standing Orders, Council approves Ms Michelle Larsson’s



CARRIED

Mr Brian Clemens, 7 Barr Road, Bunbury

Mr Brian Clemens requested to address item 10.4.2 titled “Planning for the Nuytsia Avenue,



Pursuant to clause 6.9 (2)(b) of Councils Standing Orders, Council approves Mr Brian Clemens



CARRIED

Ms Kerry Keenan, 74 Brittain Road, Bunbury

Ms Kerry Keenan requested to address item 10.4.2 titled “Planning for the Nuytsia Avenue,



Pursuant to clause 6.9 (2)(b) of Councils Standing Orders, Council approves Ms Kerry Keenan’s



CARRIED

12 July 2016


Ms Julie Caldwell, Donaldson Park Hands Avenue, Bunbury

Ms Julie Caldwell requested to address item 10.4.2 titled “Planning for the Nuytsia Avenue,



Pursuant to clause 6.9 (2)(b) of Councils Standing Orders, Council approves Ms Julie Caldwell’s



CARRIED

Mr Graham Stooke, 33 Nielsen Grove, Bunbury

Mr Graham Stooke requested to address item 10.4.2 titled “Planning for the Nuytsia Avenue,



Pursuant to clause 6.9 (2)(b) of Councils Standing Orders, Council approves Mr Graham Stooke’s



CARRIED

12 July 2016


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 10.1.2, 10.1.3, 10.1.4, 10.1.5, 10.1.6, 10.2.1, 10.2.2, 10.3.1 and

10.5.1.

Items 10.1.1, 10.2.3, 10.4.1 and 10.4.2 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.

12 July 2016


10. Reports

10.1 Proposed New Council Policy – Minor Grants (was listed as 10.1.2 of the Council Agenda)

Applicant/Proponent: Policy Review and Development Committee

Responsible Officer: Greg Golinski, Manager Governance


Appendix: Appendix RAC-4: New Council Policy – Minor Grants

Summary

The purpose of this report is for Council to consider a new Council Policy relating to minor grant

funding.

Committee Recommendation

That Council adopt new Council Policy Minor Grants as attached at Appendix RAC-4.

Strategic Relevance

Key Priority Area 5 Corporate

Objective 5.2 Maintain a high standard of corporate governance and improve access to

information

Background

At the Ordinary Council meeting held 19 April 2016, Council resolved to abolish Elected Member

discretionary funds (refer 122/16), and instead redirect the $75,000 normally allocated for that

purpose to events funding ($50,000), and community grants ($25,000).

At the Policy Review and Development Committee (Committee) meeting held on 21 April 2016, the

Committee requested that the Chief Executive Officer develop a “Minor Grants Policy” for the

consideration of the Committee, with a view to developing some parameters for the distribution of

the new $25,000 community grant pool. The resultant policy and recommendation is the result of

work undertaken in this regard.

Council Policy Compliance

This report proposes a new Council Policy.

Legislative Compliance

There is no legislative compliance applicable to this matter.

Officer Comments

Discussion at last Committee meeting revolved around the $25,000 allocation being part of a minor

grants program instead of the larger community funding pool.

12 July 2016


Council already has in place a separate policy and guideline regarding community grants and event

funding, which is funded through a separate allocation within the City’s annual budget. The intent

of the proposed new policy is to capture those applications that may be “too small” to be

considered under that parameters of that policy, and to enable them to be processed in an

expedient manner.

Analysis of Financial and Budget Implications

Council decision 122/16 redirected the $75,000 normally allocated for Elected Member

discretionary funds to events funding ($50,000), and community grants ($25,000).

Councillor/Officer Consultation

This policy is recommended to Council by the Committee.


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.


That Council adopt new Council Policy Minor Grants as attached at Appendix RAC-4.

CARRIED


12 July 2016


10.2 Proposed New Council Policy – Delegates Reports (was listed as item 10.1.3 of the

Council Agenda)




Attachments: Appendix RAC-5: New Council Policy – Delegates Reports

Summary

The purpose of this report is for Council to consider a new Policy relating to Council Delegate

Reports.

Strategic Relevance



information.


That Council adopt new Council Policy Delegates Reports as attached at Appendix RAC-5.

Background

Where an Elected Member is a Council appointed representative to a committee of an external

organisation, the City does not currently have a Policy to facilitate reporting mechanisms for such

committees back to Council.


Not applicable.

Officer Comments

Although Council’s current Standing Orders Local Law contains a provision for Council Delegate

Reports as a standing order of business, reports from external committees with Council

representation are rarely provided.

Council is currently represented on fifteen external boards of management.

It is considered good governance for Council to have a reporting mechanism in place for those

external committees with Council representation. The proposed draft policy would facilitate

reporting back to Council by those members representing Council on such committees.

Community Consultation

Not applicable.

12 July 2016





There are no financial or budgetary implications arising from the recommendations of this report.





That Council adopt new Council Policy Delegates Reports as attached at Appendix RAC-5.

CARRIED


12 July 2016


10.3 Proposed New Council Policy – Activation of Public Open Space (was listed as 10.1.4

of the Council Agenda)


Responsible Officer: Felicity Anderson, Manager Major Projects and Property


Attachments: Appendix RAC-6: Proposed Council Policy Activation of Public Open

Space

Appendix RAC-7: Corporate Guideline Activation of Public Open Space

Summary

The purpose of this report is to provide the Policy Review Committee with a model for the use and

activation of Public Open Space following consultation with the community over a six (6) week

period in February and March 2016.


That Council adopt the proposed Council Policy Activation of Public Open Space and associated

Corporate Guideline as attached at Appendices RAC-6 and RAC-7 respectively.

Strategic Relevance



information.

Background

The City receives numerous applications from various businesses looking to operate in Bunbury

throughout the course of the year. Applications can be made via several City Departments in a

number of ways, such as a lease, street trading licence or permit. Each application utilises a

different method and level of approval required.

In September 2015, Manager Major Projects and Property, Manager Environmental Health,

Manager Sustainability and Integrated Land Use and Manager Assets and Projects met to consider

the opportunity to identify potential sites and improve the City’s processes in terms of utilisation

and activation of Public Open Space.

It was agreed that one policy that considered the issuing of permits, street trading licences and

leases over Public Open Space be formed to streamline the current processes, with the intent to

bring social, cultural and economic value to the City, while encouraging local business growth and

identifying the areas around Bunbury that can be enhanced to the benefit of the community.

It is anticipated that the formulation of this process will enable the City to activate Public Open

Space in a similar way to other Local Government areas such as the Cities of Mandurah and

Busselton, where Public Open Space is activated and well utilised.

In October 2015, the City’s Executive Leadership Team (ELT) were briefed and it was recommended

that the Officer’s seek expressions of interest from street traders and potential lessee’s in order to

12 July 2016


determine areas within Bunbury that could be utilised and ‘designated’ for the purpose of this

policy.

In late 2015, the Manager Major Projects and Property and Manager, Environmental Health briefed

Council in order to ascertain Council’s interest to formalise a process. Based on the feedback from

Council, an Expression of Interest document was prepared in order to capture community feedback

and expectations.

The Expression of Interest was publicly advertised for a period of six (6) weeks during February and

March 2016, with targeted email contact made with all existing street traders, lease holders, permit

holders and event holders.

Over the six (6) week advertising period the City received a total of fourteen (14) submissions

identifying a number of locations that are currently being utilised. Together with the locations

identified by the submissions received, the Officers, in collaboration with the relevant departments,

collated a list of ‘Designated Trading Areas’.

The Officers proposed a number of additional locations and provided comment surrounding the

uses for each Designated Trading Area. A report was then forwarded to the City’s Development

Coordination Unit (DCU) to assess any constraints with the Designated Trading Areas listed.

Following consideration given to the Designated Trading Areas by DCU, site specific activities were

identified for each Designated Trading Area and are outlined in the Corporate Guideline attached at

Appendix RAC-7.

Each activity listed for the Designated Trading Areas has given consideration to existing amenities,

surrounding area, sensitive neighbours, traffic circulation and parking availability and existing

businesses and the cohesiveness of activities within that Designated Trading Area.




Section 3.58 of the Local Government Act 1995 deals with disposal of property in relation to the

leasing of land. Street Trading Licenses and Permits are not governed by legislation.

Officer Comments

The City has identified a need to effectively manage the City’s public open space in a way that

encourages character and vibrancy to the many recreational, tourist and prominent water front

areas throughout Bunbury, whilst streamlining the process for applicants and staff alike.

The proposed policy and guideline acts to funnel activity to designated areas in order to enhance

and activate the Public Open Space. It is envisaged that this will assist local businesses in utilising

the Public Open Space, whilst creating a competitive, yet cohesive place to trade and do business.

Through this process, the Officers have encouraged the applicants to identify other businesses they

would like to operate in close proximity to and it is hoped this will foster a positive attitude for

businesses to coexist, whilst creating a transparent process.

12 July 2016



Fees and charges will be applied to the lessees, street trading licence and permit holders in

accordance with the City’s Fees and Charges Annual Budget as adopted by Council and will provide

an income for the City.


Initial consultation took place between the City’s Manager Major Projects and Property, Manager

Environmental Health, Manager Sustainability and Integrated Land Use and Manager Assets and

Projects. Advice was sought from the City’s Executive Leadership Team and Development

Coordination Unit.

This Policy and Guideline is recommended to Council by the Policy Review and Development

Committee.


A public advertising campaign consisting of notices on the City’s website, public notice boards and

City Focus section of the Bunbury Mail were carried out over a period of six (6) weeks. Past and

existing users of the Public Open Space were individually contacted and invited to make a

submission in relation to the proposal.





That Council adopt the proposed Council Policy Activation of Public Open Space and associated

Corporate Guideline as attached at Appendices RAC-6 and RAC-7 respectively.

CARRIED


12 July 2016


10.4 Review of Council Policy – Risk Management (was listed as 10.1.5 of the Council Agenda)


Responsible Officer: Leanne French, Senior Governance and Risk Officer


Attachments: Appendix RAC-8: Revised Council Policy – Risk Management

Summary

The purpose of this report is for Council to consider a revised policy concerning risk management.


That Council adopt revised Council Policy Risk Management as attached at Appendix RAC-8.

Strategic Relevance



information.

Background

Council’s current policy relating to risk management was adopted by Council on 24 June 2014,

following recommendation by the Audit Committee. It has not been reviewed since that time.


This report facilitates a review of an existing Council Policy.


This policy was developed in the context of Regulation 17 of the Local Government (Audit)

Regulations 1996.

Officer Comments

At the Audit Committee meeting held on 25 February 2014, the Committee requested that the CEO

prepare a risk management policy for the consideration of the Committee and Council. The

recommendation was made in the context of discussions about the then new Audit Regulation 17,

which reads as follows:

17. CEO to review certain systems and procedures

(1) The CEO is to review the appropriateness and effectiveness of a local government’s systems

and procedures in relation to –

(a) risk management; and

(b) internal control; and

(c) legislative compliance.

12 July 2016


(2) The review may relate to any or all of the matters referred to in sub regulation (1)(a), (b)

and (c), 2 calendar years.

(3) The CEO is to report to the audit committee the results of that review.

Adopting a risk management policy was seen as a crucial first step in addressing the requirements

of Regulation 17, and in particular Regulation 17(1)(a). The existing policy as presented at Appendix

RAC-8 contains some proposed amendments, the most noticeable of which is the inclusion of an

addendum to the policy, being a risk assessment matrix.

Officers are soon to finalise the City’s operational risk management framework and guidelines,

which in order to be implemented across day-to-day activities, require an endorsed risk assessment

matrix that can be applied accordingly.

Also proposed is a table outlining risk responsibilities, from Council down to all employees.


There are no financial or budgetary implications arising from the recommendations of this report.


Not applicable.





That Council adopt revised Council Policy Risk Management as attached at Appendix RAC-8.

CARRIED


12 July 2016


10.5 Review of Council Policy – Public Interest Disclosure (was listed as 10.1.6 of the Council

Agenda)




Attachments: Appendix RAC-9: Council Policy – Public Interest Disclosure

Appendix RAC-10: Corporate Guideline – Public Interest Disclosure

Summary

The purpose of this report is Council to ratify the recent review of Council’s current policy relating

to Public Interest Disclosure by the Policy Review and Development Committee. The Policy and

Corporate Guideline are attached at Appendices RAC-9 and RAC-10 respectively.


That Council note the review of current Council Policy Public Interest Disclosure, with no changes

recommended.

Strategic Relevance



information.

Background

The Western Australian Public Interest Disclosure Act 2003 (the PID Act) came into effect on 1 July

2003. Under the PID Act, people can make disclosures about certain types of wrong doing covered

by the PID Act within the State public sector, local government, some boards and committees, and

public universities.

The PID Act only applies to disclosures of public interest information. Public interest information

must:

* relate to a public authority, public officer or public sector contract (“a public body”);

* relate to the performance of a public function of the public body;

* tend to show that the public body is, has been or proposes to be, involved in improper

conduct.

The PID Act protects those who make appropriate disclosures of public interest information.

The PID Act makes provision for proper authorities to receive disclosures about certain types of

wrongdoing.

In accordance with the PID Act public authorities must prepare and publish internal procedures

relating to their obligations under the PID Act.

12 July 2016



This report facilitates a review of current Council Policy – Public Interest Disclosure.


Pursuant to the provisions of the Public Interest Disclosure Act 2003 public authorities are to

prepare and publish internal procedures relating to their obligations under the PID Act.

Officer Comments

The Public Sector Commission has compiled guidelines to assist proper authorities fulfil their

obligations under the PID Act. Council’s current Policy and associated Corporate Guideline was

drafted using these guidelines, and ensures the City meets its legislative requirements.

The Corporate Guideline outlines the City’s internal procedures relating to our obligations under

the PID Act. The Guideline also provides information on the rights and obligations of persons under

the PID Act.

Any person may make a disclosure of public interest information. While public officers may make

disclosures of public interest information, the PID Act also allows for members of the public to

make these disclosures.

Officers have reviewed the current Policy and consider its content to still be relevant and consistent

with the guidelines produced by the Public Sector Commission.


There are no financial or budgetary implications impacting form the recommendations of this

report.


The current Policy and Corporate Guideline is available on the City’s website to members of the

public.


This policy was reviewed by the Policy Review and Development Committee at its meeting held 16

June 2016.

12 July 2016






That Council note the review of current Council Policy Public Interest Disclosure, with no changes

recommended.

CARRIED


12 July 2016


10.6 Funding for the Future Depot Site (was listed as 10.2.1 of the Council Agenda)

Applicant/Proponent: Internal


Executive: Stephanie Addison Brown, Acting Chief Executive Officer

Attachments: Nil

Summary

This item seeks Council’s approval for the allocation of funds from the three reserve accounts (as

detailed) to the operating budget for Project PR-4152, being for the acquisition of the new depot

site. This project addresses the expenditure associated with the purchase, due diligence, design

process and settlement as identified in points 1 and 2 of Council Decision 197/16.

Executive Recommendation

That Council endorse the following funding for the purpose of depot acquisition (PR-4152):

1. Authorise the allocation of $1,080,000 from the Asset Management and Renewal Reserve

Account;

2. Authorise the allocation of $712,500 from the Depot Construction Reserve account; and

3. Authorise the allocation of $712,500 from the Refuse Collection and Waste Minimisation

Reserve Account.

Background

At the meeting 14 June 2016, Council resolved the following:


That Council authorise the Chief Executive Officer to commence:

1. Negotiations of the purchase of the site identified in the confidential report subject to the

following:

a) Maximum value as identified in the report

b) Appropriate due diligence undertaken.

2. Design process for the depot and associated infrastructure.

3. Process for a scheme amendment and structure plan for the current Nuytsia Avenue Site

and Stables Precinct along with necessary contaminated site investigations.

4. Process to dispose of the current waste site located at McCombe Road.

In response to the Decision, the City proposed an offer to purchase the said site and following

negotiations the City’s offer was accepted. A project has now been created in Sycle. This is

required to proceed with due diligence, design and proposed purchase price settlement, subject to

the due diligence being to the City’s satisfaction.

12 July 2016


As within the initial report to Council all funds for the proposed purchase of the site were

associated with Reserve Accounts.

These funds are now required to be transferred to the operating account for the project to

progress.

Given the proposed cost to purchase the site, undertake due diligence and design is less than was

initially acknowledged, the fund allocations are now determined as below:

PR 4152 – Acquisition of Depot Site

SOURCE OF FUNDS VALUE

Asset Management and Renewal - Reserve $1,080,000

Depot Construction – Reserve $712,500

Refuse Collection and Waste Minimisation - Reserve $712,500

TOTAL $2,505,000


Not applicable


Section 6.11 Item 2(a) of the Local Government Act 1995 applies, being is specifically in relation to

Reserve Accounts.

Officer Comments

Below is the estimated timeline for the due diligence, acquisition of the site and development of

the proposed new depot.

ITEM ESTIMATED DATE

1. Completion of due diligence Mid September 2016

2. Settlement Early October 2016

3. Completion of detailed design December 2016

4. Issue of Tender March 2017

5. Commencement of Works* May- December 2017

* funds are allocated for works in the 17/18 financial year.


This project PR-4152 is accounted for and identified in the 2016/17 budget.


Not applicable


12 July 2016


This matter has been considered by the relevant Executive and Officers, including the Manager

Finance.

Councillors were made aware of the proposed funding arrangement from the Reserve Accounts in

the report to Council that resulted in Council Decision 196/16.





That Council endorse the following funding for the purpose of depot acquisition (PR-4152):

1. Authorise the allocation of $1,080,000 from the Asset Management and Renewal

Reserve Account;

2. Authorise the allocation of $712,500 from the Depot Construction Reserve

account; and

3. Authorise the allocation of $712,500 from the Refuse Collection and Waste

Minimisation Reserve Account.

CARRIED


12 July 2016


10.7 Cornwall Street Carpark (was listed at item 10.2.2 of the Council Agenda)


Responsible Officer: Stephanie Addison-Brown – Acting Chief Executive Officer

Executive: Stephanie Addison-Brown – Acting Chief Executive Officer

Attachments: Confidential Appendix CRUSC-2 Confidential Valuation Report

Summary

On 14 June 2016 Council decision 195/16 sought to negotiate a price in relation to the proposed

disposal of the Cornwall Street car park site.

Upon commencing negotiations it was identified an agreed value between the City’s Valuer and the

PrimeWest Valuer was required because of some anomalies between previous independent

valuation reports.

This report seeks to provide Council the agreed values between the independent valuers and

approval from Council to further progress negotiations based on an “agreed” value.


Council approves the CEO to further proceed with the disposal based on the:

1. The agreed unencumbered value identified in the confidential valuation report (ex-GST);

and

2. The agreed valuations to be reflected in the business plan prior to advertising.

Background

At the meeting 14 June 2016 Council determined:


That Council:

1. Endorse the business plan for the proposed sale of the parcels of land commonly referred to

as the No. 1 Shoppers Decked Car Park for the purposes of public consultation in accordance

with the provisions of the Local Government Act 1995.

2. Negotiate the sale price in accordance with the Council obtained valuation and the

valuation provided by the purchaser, with the final negotiated figure to be provided to

Council prior to advertising.

3. Following the period of advertising of the business plan, request a further report be

presented to Council addressing any submissions received and outlining the process going

forward in relation to the disposal.

Following Council decision 195/16 discussion was progressed with PrimeWest’s representative to

attain an agreed value of the site.

12 July 2016


A meeting took place between the City’s Valuer and the PrimeWest Valuer on 27 June 2016. A

report was provided to the City 28 June 2016. This report as attached at CRUSC-2 identified the

agreed value for the site both as encumbered and unencumbered.


Land Rationalisation and Acquisitions


Section 3.58 of the Local Government Act 1995 applies. This includes the requirement of the

development of a comprehensive business plan for disposal of the site which has now been

prepared. This also stipulates the requirements for advertising.

Officer Comments

This report seeks to inform Council of agreement between the City’s and Prime Wests independent

valuers to determine a clear and agreed valuation for negotiations. It also seeks to confirm that

Council wish to pursue the highest and best value of the land, that being as an unencumbered site.


The Manager Finance advises the net proceeds from the sale of the Cornwall Street Car Park which

are to be formally negotiated based on the agreed unencumbered value (ex-GST), will be

transferred to the City of Bunbury General Parking Reserve. These funds will be held in this reserve

until required for future car parking sites and development. This includes the car parking

component of the Civic and Cultural Precinct project i.e. the potential purchase of land, project

design and associated costs.


Community consultation will be undertaken through the legislative process including consultation

on the business plan.


Officers have been provided with a final valuation report, which is being brought to Council’s

attention through this item.

12 July 2016






Council approves the CEO to further proceed with the disposal based on the:

1. The agreed unencumbered value identified in the confidential valuation report

(ex-GST); and

2. The agreed valuations to be reflected in the business plan prior to advertising.

CARRIED


12 July 2016


10.8 State Library of Western Australia – Regional Model 2016/2017 (was listed as item

10.3.1 of the Council Agenda)

Applicant/Proponent: Internal

Responsible Officer: Sharon Chapman, Manager Community and Library Services

Executive: John Kowal, Acting Director Corporate and Community Services

Attachments: Appendix DCCS-1: Activity Plan

Appendix DCCS-2: Activity Plan Notes

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 south-west 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). In previous years, Council has resolved to continue to support the

Regional Model the last being on 12 May 2015 (Council Decision 152/15).

Council is now asked to consider a continued commitment to perform the role for another twelve

months in the 2016/2017 financial year.


That Council endorse the signing of the 2016/2017 Regional Activity Plan (as part of Schedule C of

the Regional Model Agreement) to enable Bunbury City Library to continue as the Regional Library

for the South West Region for 2016/2017.

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.

12 July 2016


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. Further information can be sourced via a link at the end of this

Report.

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 (refer to

Attachment A & B). 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 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 (including Bunbury

Library) 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 by 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 of Bunbury Library Service. 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.

12 July 2016


The outcomes from this first consultation phase were used to develop Vision for Public Libraries in

2025 and Framework for Strategic Action for Public Library Services in Western Australia. Both

documents are underpinned by the Public Library Services in Western Australia in 2025 Research

and Consultation Findings report. Together these provide 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. Further information can be sourced via link at the end of this Report.

This information was presented to WALGA State Council in September 2015 with the following

resolution. Further information can be sourced via a link at the end of this Report.

1. That:

a. The Vision 2025 and Framework for Strategic Action for Public Library Services in

Western Australia be endorsed.

b. WALGA seeks the Minister for Culture and Arts and Minister for Local Government

and Communities’ support for:

i. the Vision 2025 and Framework for Strategic Action for Public Library

Services in Western Australia;

ii. development of a Public Libraries 2025 Strategic Plan; and

iii. the establishment of a Public Libraries Taskforce, as a matter of priority, to

lead the development and implementation of the strategic plan.

2. That WALGA coordinate and conduct a second phase of research to further develop the

strategies and actions outlined in the Framework for Strategic Action and identify the

legislative, funding and service models required to achieve the Vision 2025.

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. Further information can be sourced via a link at the end of this Report. This

included:

Program WALGA Request Met? Budget Commitment

Public libraries

Taskforce and the

South West Library

Consortium

Additional $1.5m over

two years for the

Public Library

Taskforce and South

West Library

Consortium Project

Manager.

Not met. An additional $186,000

is included in the

budget for the State

Library of WA, though

its intended use is not

clear.

The State Government confirmed in State Budget papers for 2016/2017 that it will ‘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’.

This Report seeks Council endorsement to continue to perform the Regional Library model for

another twelve months during 2016/17. It also reiterates that the Manager of Community and

Libraries will continue to participate in the implementation of the Vision 2025 outcomes and the

Review of the Agreement, including the Regional Model framework.

12 July 2016



Not applicable


Not applicable

Officer Comments

It must be acknowledged that the south-west 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 south-west region in relation to the delivery of library services to their communities.

The Regional Model is 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. A review would need to be done

in collaboration with SLWA and other regional libraries across the State so that the Regional Model

would be funded by SLWA and deliver more sustainable and effective outcomes.

References:

* Structural Reform of Public Library Services:

http://slwa.wa.gov.au/__data/assets/pdf_file/0017/3536/Structural_Reform-

Final_Report_August-web.pdf

* Vision for Public Libraries 2025:

http://walga.asn.au/Policy-Advice-and-Advocacy/Community-Development/Arts-and-

Culture/Public-Libraries.aspx

* WALGA State Council Resolution in September 2015:

http://walga.asn.au/About-WALGA/Structure/State-Council/Agenda-and-Minutes.aspx

* WALGA State Agenda Papers:

http://walga.asn.au/getattachment/About-WALGA/Structure/State-Council/Agenda-and-

Minutes/State-Council-Agenda-July-2016.pdf.aspx

Attached at Appendix DCCS-1 is the State Library of Western Australia Regional Activity Plan 2016-

2017

Attached at Appendix DCCS-2 is the State Library of Western Australia Regional Activity Plan

Explanatory Notes 2016-2017


Historically, the financial partnership between the WA State Government and Local Government

for public library services was equal with a 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 providing the balance of 88%.

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:

12 July 2016


2013/2014 City of Bunbury contribution $4,992.17

SLWA contribution $15,222.01


SLWA contribution $12,822.84


SLWA Contribution $13,888.00

2016/2017 City of Bunbury contribution $5,616

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, however this is not the case in 2016/2017 as there are no ‘Value-Add’ activities that have

been applied for by the City of Bunbury on behalf of the region.


Discussion about the continuation of this model has taken place with representatives from Libraries

in the south west region and the support for the City of Bunbury to continue has been very positive.

The Libraries across the south west have each agreed and endorsed the Activity Plan each year to

receive their support from the Regional Library.


Not applicable.





That Council endorse the signing of the 2016/2017 Regional Activity Plan (as part of Schedule C of

the Regional Model Agreement) to enable Bunbury City Library to continue as the Regional

Library for the South West Region for 2016/2017.

CARRIED


12 July 2016


10.9 Replacement of Cladding to Bunbury Regional Entertainment Centre Fly Tower

(was listed as 10.5.1 of the Council Agenda)


Responsible Officer: Gavin Harris Director Works and Services

Executive: Gavin Harris, Director Works and Services

Attachments: Nil

Summary

Council has applied for Regional Venues Improvement Fund (RVIF) grant to reclad the fly tower at

the Bunbury Regional Entertainment Centre. The RVIF grant requires 50% contribution and the

Council project identified for the contribution requires additional funding of $104,074.


That Council:

1. Approve withdrawal of $104,074 from the Building Restoration and Maintenance Reserve

2. Approve an expenditure increase to $668,148 for PR-3390 Capital works at Bunbury

Regional Entertainment Centre (BREC).

3. Approve an increase to PR-3390 Capital works at Bunbury Regional Entertainment Centre

(BREC) income to $334,074.

Strategic Relevance

Key Priority Area 1 Community and Culture

Objective 1.5 Celebrate and recognise the richness of arts, culture and heritage

Background

The priority building maintenance work is required for the recladding of the BREC fly tower. This is

causing significant damage internally and can also see large amounts of water freely flowing into

the building down the walls and across the floors at the rear of the stage. It has also stopped

performances on occasions.

Initial estimates from three years ago had the cost at approximately $260,000. At the time it was

assumed that only the cladding would be required to be replaced.

Recently the structure was inspected by a local engineering firm and architect who took some

external cladding off to get a better understanding of the internals and general structure of the Fly

Tower. There is a large amount of heavy rust to the steel & fixings that supports the external

cladding, the wall cladding is also water logged and everything appears to be constantly damp with

all flashings and box gutters showing signs of failure.

12 July 2016



NIl


Nil

Officer Comments

The structural engineering assessment provided the following cladding options and cost estimates:

1. PVT Painted Zinc Standing Seam V25 Panels Cladding $607,668

These options have a life of up to 70 years and give an unlimited range of colour options

2. Zinc Standing Seam V25 Panel Cladding $668,148

These have a life of between 70 to 100 years and are the best material to suit the location

with finishes that range from Natural or Quartz Zinc (grey) to Autumn Red, Lichen Green &

Ash Blue (Pigmento). These products have been used on a range of buildings and in

particular for Albany Entertainment Centre & Fremantle Maritime Museum.

3. Colorbond Ultra Finish Longline 305WA Cladding $434,868

This option is the ‘lower cost’ alternative with the warranted life being up to 15 years

according to the website. It is manufactured over east and there are 4 colours to select

from Deep Ocean (blue), Surfmist (white), Dune (browny grey) and Windspray (darker

grey).

With the remaining useful life of the Building being a minimum 64 years. option 3 is not worth

considering as it would need to be reclad 3-4 times during this period. Therefore this leaves the

first 2 options. With a minimum life of 64 years it would be more economical to fund the extra

$60,000 for Option 2 the 100 year life span over Option 1 (70 year lifespan).

Council Staff and the General Manager of BREC have lodged an application for RVIF grant to replace

the cladding on the Fly tower. The grant requires 50% contribution, therefore Council is required to

contribute $334,074 of which there is only $230,000 in PR-3390 to be considered at Council Budget

meeting on 27 July 2016.

It is proposed to withdraw the additional $104,074 from the Building Restoration and Maintenance

Reserve and increase expenditure in PR-3390 to $334,074 to enable the recladding to be

undertaken if the RVIF grant is approved. If the grant is not approved, Council will be required to

spend the full amount in the next 2-3 years to undertake the works.

12 July 2016



The Building and Maintenance Reserve is projected to have a balance of $220,000 at the end of

2015/2016 with a further $219,000 contribution for 2016/2017. Therefore if $104,074 was

withdrawn the projected balance at the end of 2016/2017 would be $334,926.


This was done in conjunction with the General Manager of the Bunbury Regional Entertainment

Centre.


This proposal has been discussed with members of the Executive Leadership Team and Finance

Department.





That Council:

1. Approve withdrawal of $104,074 from the Building Restoration and Maintenance

Reserve

2. Approve an expenditure increase to $668,148 for PR-3390 Capital works at

Bunbury Regional Entertainment Centre (BREC).

3. Approve an increase to PR-3390 Capital works at Bunbury Regional

Entertainment Centre (BREC) income to $334,074.

CARRIED


12 July 2016


10.10 Review of Council Policy – Leases and Licences (was listed as item 10.1.1 of the Council

Agenda)




Appendix: Appendix RAC-1: Revised Council Policy – Leases and Licences

Appendix RAC-2: Revised Corporate Guideline – Leases and Licences

Appendix RAC-3: Proposed Fee and Charge Structure

Summary

This purpose of this report is to provide Council with a revised Lease Fee model for consideration

following a further consultation with community and sporting groups on 1 June 2016 and the

amendment of Council’s current policy, Leases and Licenses.


That Council:

1. Note the report and workshop feedback;

2. Adopt the proposed revised:

i. Leases and Licenses Policy (attached at Appendix RAC-1)

ii. Executive Recommended priced fee and charges structure (attached at Appendix

RAC-3)

iii. Leases and Licenses Guidelines (attached at Appendix RAC-2)

3. Request the Chief Executive Officer provide a subsequent report to the Committee with a

view to formalising Council’s position in respect to “peppercorn” leases.

4. Request the Chief Executive Officer develop an appropriate communication and

stakeholder management plan to support the implementation of this policy.

Strategic Relevance



information

Background

At the ordinary Council meeting held 8 March 2016, Council resolved as follows (refer Decision

58/16):

12 July 2016


That Council

1. Note the summary report and workshop feedback;

2. Continue to apply the Rent tier Matrix as is (Status Quo) until 30 June 2016; and

3. Request the CEO to provide a revised model for consideration by the Committee prior to the

30 June 2016.

This decision was made following feedback from community and sporting groups at a workshop

held Thursday 4 February 2016 to discuss and consider the “Options Discussion Paper ‘ sent out in

the last half of 2015.

The workshop was initiated following the decision of 26 November 2015 where the Policy Review

and Development Committee (PRDC) recommended:

That Council:

1. Request the CEO conduct a forum with consulted sporting groups in February 2016 to

complete the consultation process; and

2. Continue the Rent Tier Matrix as is (Status Quo) until the results of the forum are

determined and reported back to the Policy Review and Development Committee.

The following points were the key factors identified by attendees and supported by the majority in

attendance:

1. Clubs would prefer a lease that is not based on a valuation.

2. Clubs would like to negotiate as individual clubs with a basic framework/policy.

3. Clubs believe if Council has a policy they should stick to it and not make exceptions.

4. Clubs would like Council to consider or look at a lease based on the costs to council for

each individual group and agreement.

5. Clubs don’t feel the City should be generating funds but only covering costs.

6. Clubs question commercial capacity of some clubs, noting bars, hire of facilities are

fundraisers for club activities.

7. Most clubs are acceptable to the application of some form of social measure.

In addition there were a number of clubs that identified that clubs may be more receptive if the

lease funds were placed into a reserve account to address the buildings and maintenance or go

back into sport/recreation.


This report facilitates the revision of an existing Council Policy.


Section 3.58 of the Local Government Act 1995 deals with disposal of property.

Regulation 30 of the Local Government (Functions and General) Regulations 1996 covers

dispositions of property excluded from the Act.

12 July 2016


Officer Comments

At the February workshop, the community were very clear in what they expected. Officers took the

feedback on board and after much consideration developed a model they deemed as transparent,

fair and equitable in that the proposed model is based on actual information or data that is not

subjective, cannot be manipulated or open to judgement by others.

The model reflects many of the aspects identified by the community in that they did not want

market rental valuations, they wanted a basic framework/policy that would “stick” in that it would

be applicable to all (a level playing field) and something that seemed fair and was not seen to be

“generating” funds for Council.

In addition the model takes into consideration and endeavours to level out the equity between

clubs that have built/own and fully maintain their own facilities and other clubs that have been

provided City owned building and facilities at little or no expense to the club and have reduced

maintenance costs and responsibilities.

The proposed model requires that the following to be identified to help determine the fees and

charges payable:

* the total area m² of the proposed lease/license area;

* the ownership of any building/facility to be used within the identified lease area; and

* the total area m² of any City owned and provided building/facility within the identified

lease area.

This information is then aligned with bandwidths within the fees and charges structure that will

determine total fees and charges payable for each Lessee subject to relative information applicable.

Clarification of proposed model application:

a) If there is a club that only leases the land (as they have built their own club room/ facility on

the land) then only the land area fee is applied based on their total lease area. That is the

club will pay in alignment to the structure:

1. A fee for the total lease area.

b) If a club has a lease that includes a City owned building/facility which they use then a

building provision fee based on the m² of the actual building/facility is applied. In addition a

further “Maintenance Contribution Fee” is also charged. Therefor such a club will need to

pay in alignment to the structure:

1. A fee for the total lease area;

2. A fee for the building provision; and

3. A fee for maintenance contribution.

It is noted this model aims at being transparent, fair and equitable amongst clubs. Officers have not

endeavoured to increase Councils income derived from fees payable, but have tried to implement a

system that will deliver a similar income over time that will be found to be acceptable and fair by

the community. Initially this will see a reduction in fees paid by clubs and income received while

clubs transition to this model. However in 2018/19 modelling shows income will be back online

with a slight increase from the annual increases in CPI.

12 July 2016


Prior to returning the proposed model to the PRDC, Officers sought feedback from the same

community groups invited to the February workshop to determine if this model would be

acceptable to the majority of the Lessees.

Invitations were sent out to the same database of community groups advising of the 1 June 2016

consultation/ workshop. Each club was provided individual information on how the proposed

model would affect their club. This allowed clubs to contact Officers for clarity and discussions

prior to the workshop about their individual situations. This was in response to clubs seeking to be

treated as individual clubs rather than as a “whole” at the February workshop.

At the 1 June workshop some 24 individual clubs were represented by 32 people. Officers provided

an overview on how the model was prepared and why. Identifying alignment to key factors raised

by them at the February workshop. Officers acknowledged that like all models that had been

formulated and tried to date, there would be “winners and losers”. That is that some clubs would

increase fees and some would decrease fees.

Officers also raised and discussed the issue of club viability and sustainability and offered assistance

to any clubs that felt they may require assistance. Some clubs have since indicated the possibility of

sharing facilities or rationalising lease areas to reflect needs rather than wants.

When considering the implications of this model one must consider there are 48 Community and

Sporting groups that are under lease. Only 36 of these are currently charged a lease fee or “rent”.

The remaining 12 are on “peppercorn” agreements.

In real terms and based on the Executive Recommended price model, this will deliver a decrease in

fees to the majority of groups currently charged.

Officers noted the majority of clubs that would increase in fees under the proposed model are

likely to be those that are yet to have the Rent Tier Matrix applied or applied in full, whereas the

decreases are more likely to affect those that have already had the Rent Tier Matrix applied in full.

Officers recommend that Lessees be able to transition to the proposed model if adopted prior to

their Lease review falling due in an endeavour to get as many Lessees possible operating with the

proposed new model. However for those clubs for which there is likely to be an increase in fees,

the transition will not occur (unless they choose) prior to their Lease review.

A short survey was undertaken at the workshop with the 24 represented groups to determine their

position on the model.

1. When asked if the proposed model appeared fair and equitable the response was that:

* 58% agreed or strongly agreed

* 21% were neutral

* 21% disagreed or strongly disagreed

2. When asked if they agree with the proposal to set fees and charges the response was:

* 50% agreed or strongly agreed

* 21% were neutral

* 29% disagreed or strongly disagreed

12 July 2016


3. When asked how they had found the level of consultation for this current review(since the

introduction of the Rent Tier Matrix) the response was:

* 79% found it acceptable or were satisfied

* 21 % found it unacceptable.

While there was some disagreement and dissatisfaction that was expected. Clubs have advised

they feel Officers have dealt well with a very difficult dilemma, acknowledging it will be impossible

to satisfy everyone.

Other matters raised from the floor to share with Council and for consideration included:

* Cost recovery – managing and preparing leases

* Leniency to clubs sharing grounds

* Look at a sliding scale for m² (this was discussed and put to the floor where several agreed

but the majority did not seek to support this option. Officer noted after this work

complicated the fee structure and may in fact increase costs further for clubs based on the

principle proposed)

* How does sharing make it easier for DSR funding (multi use facility)

* How to progress sharing facilities

* Maintenance cost/fees additional to lease/ rent fees – to reserve account for our buildings .

“Like the parking reserve the Mayor talked about on the radio this morning”

* Need an upgrade of facilities many are old and poor condition

* What will maintenance fees cover (Officers explained this was for structural maintenance,

all clubs are responsible for general maintenance)

* Some will have a large increase e.g. 400% on current lease fees

* Clubs are struggling with all costs (Officers addressed viability, sustainability and offered

assistance)

* Great move forward for many smaller clubs

* Simplified leases (Officers explained this is in progress with lawyers)

* Document prep fees are too expensive every five years.(Officers explained this is only a

fraction of the real costs and includes legal fees payable)

While it is not unusual to hear “opposition”, it was also refreshing to hear some very positive

comments from the floor and emails from clubs supporting the proposed model some identified

below.

It was also acknowledged from the floor at the workshop that some clubs have been subsidising

other clubs (quite considerably) for many years and that the proposed model will provide for equity

and a “level playing field”.

In respect to the 12 clubs on “peppercorn” leases Officers seek clarification from Council to

determine if “peppercorn” leases are to continue and on what basis. Many of these leases are long

standing and may not have been subject to review like other clubs. It has also been noted that

during discussions with clubs there have been some comments from clubs about the inequity of

such leases.


The revised policy is recommended to Council by the PRDC.

12 July 2016



All 36 community and sporting groups currently paying lease fees received correspondence and

invitations to the two workshops held. The most recent 1 June workshop saw 24 of those 36 groups

attend, with several groups providing apologies but discussing matters further with staff. In respect

to consultation attendees indicated that 79% found the consultation process to be acceptable

and/or were satisfied.


Efforts have been made to try and minimise the financial impact on Councils budget and the

Lessees. It is noted should the proposed model be adopted a phase in period will be required.

Financial modelling indicates that in applying the Executive proposed model it will take two years

(2018/19) to realise the current income received as Lessees transition.

At the 1 June 2016 workshop, the medium scenario was presented as the base for the proposed

model. Upon PRDC review, it was considered that 5 years of lost income was not ideal, and as such

a revised medium priced scenario (Executive Recommended) was formulated as the preferred

option, which sees parity achieved after 2 years.

Modelling founded on 2015/16 lease fees of $112,115, 2% annual CPI and a phase in of leases

based on renewal dates indicated a reduction in income of $35,538 in 2016/17.

This will lessen to a reduction of $15,711 in 2017/18 .

Parity is expected to be achieved 2018/19.

The ensuing years note gradual increases from parity with 2019/20 increasing $8,300 and 2020/21

achieving an increase of $8,680. There is considerable change in 2021/22 with an increase to

$17,697 and a further considerable increase in 2022/23 to $26,631. The collective increase in

income in the four (4) years after regaining parity is estimated to be $61,308.


Cr De San Miguel declared an impartiality interest. He remained in the Chamber for the duration of

the discussion and vote on the matter.

Cr Cook declared an impartiality interest. He remained in the Chamber for the duration of the

discussion and vote on the matter.

Ms Elizabeth Edwards addressed the Council on this item.

Mr John Jury addressed the Council on this item.

The recommendation (as printed) was moved Cr Hayward, seconded Cr Kelly.

Cr Cook sought to move an amendment to the motion, however this was disallowed by the Mayor

as it detracted from the intent of the current motion.

12 July 2016



The Mayor put the motion to the vote, which resulted in six (6) votes for and six (6) votes against.

The Mayor used his casting vote in favour of the motion.

That Council:

1. Note the report and workshop feedback;

2. Adopt the proposed revised:

i. Leases and Licenses Policy (attached at Appendix RAC-1)

ii. Executive Recommended priced fee and charges structure (attached at Appendix

RAC-3)

iii. Leases and Licenses Guidelines (attached at Appendix RAC-2)

3. Request the Chief Executive Officer provide a subsequent report to the Committee with a

view to formalising Council’s position in respect to “peppercorn” leases.

4. Request the Chief Executive Officer develop an appropriate communication and

stakeholder management plan to support the implementation of this policy

CARRIED

6 votes “for” / 6 votes “against” (carried by casting vote of the Mayor)

The Mayor and Councillors Warnock, Hayward, Kelly, Giles and McGuinness all voted for the

motion. All other Councillors voted against.

12 July 2016


10.11 Civic and Cultural Precinct (was listed as item 10.2.3 of the Council Agenda)


Responsible Officer: Stephanie Addison-Brown, Acting Chief Executive Officer


Attachments: Appendix CEO-1 Consultation Report

Appendix CRUSC-3 Confidential Letter

Summary

Following the completion of community consultation the Executive now seek Council’s

consideration and approval to progress the Civic and Cultural Precinct to the next stage.


That Council:

1. Note the Community Consultation Report.

2. Requests the CEO to progress the consolidation of land for the project.

3. Requests the CEO to progress the concept design via a request for tender (RFT).

4. Includes allocation of funds in the 2016/17 year budget as detailed in this report:

i. Progress the consolidation of land for the project ($65,000)

ii. Undertake concept designs for tender ($300,000)

Background

In November 2015 an informal community survey was conducted to gauge the community’s ideas

for what they would like to see developed at the Wittenoom Street car park (South’s car park). A

working group was formed comprising key stakeholders from the South West Development

Commission (SWDC), developers, real estate agencies, as well as construction and retail industries

to develop a vision for a civic and cultural precinct.

The working group identified a perceived lack of car parking within the CBD as the key issue

impacting upon the viability of existing businesses as well as creating an impediment to new

development.

It was determined that the development of a creatively designed decked car park as part of a civic

and cultural precinct would provide a long-term parking solution for the CBD, as well as providing

parking for those making use of the activated community space to be created through the precinct.

The project is in line with the Council’s adopted Creative City Strategy.

The Civic and Cultural Precinct comprises three discreet projects:

1. Wittenoom Street Pedestrian Connection

2. Gallery Square

3. Multi-Level Car Park

12 July 2016


The Precinct aims to:

* Increase social and economic vibrancy in the CBD

* Activate community spaces

* Provide a pedestrian-friendly east-west connection between the beach and Inlet, and a

north-south connection between Stirling Street and the Waterfront

* Provide a long-term parking solution

* Encourage development and new business through onsite car parking policy changes

The project area encompasses:

* Council Administration Building

* Bunbury Regional Art Galleries (BRAG)

* Wittenoom Street car park (South’s car park)

* Police Station

Since that time a community meeting has been held on 24 March 2016. This was attended by 65

people. In addition an online survey and discussion paper was addressed was open for a four week

period thereafter. A full community consultation report for the Civic and Cultural Precinct was

completed in April 2016. Please refer to copy attached at CEO-1.


Land Rationalisation and Acquisitions


Section 3.58 of the Local Government Act 1995 applies.

Officer Comments

Funding Opportunities

To maximise opportunity and achieve matching funding and grants from potential partners and

funding bodies a cash component is required. Land and other assets are not considered as cash

contributions by many of the major funding bodies.

It is suggested that utilising the” cash” held in the City of Bunbury General Parking Reserve Fund

(including future funds in relation to possible sale of the Cornwall Street car park) for aspects of the

Civic and Cultural Precinct Project such as the proposed parking infrastructure, would provide a

strong position for the City to leverage additional funds and grants. Specifically the National

Stronger Regions Funding requires dollar for dollar cash contribution.

The City is keen to take advantage of the Federal National Stronger Regions Funding (NSRF)

opportunity. NSRF commenced in 2015 and will provide $1B over five (5) years to fund priority

infrastructure in regional and disadvantaged areas.

Based on Round Three (2016) funding conditions, assessment indicated that the proposed Civic and

Cultural Precinct Project would meet the NSRF funding objectives and outcomes. However, to be

considered for funding a project must be ready to commence or be what is known as “shovel

ready”.

12 July 2016


To be considered “shovel ready” and ensure the City may best take advantage of funding it is

necessary to prepare concept plans that will provide clarity of the project and enable a budget to

be determined which will include identifying project contributions such as potential National

Stronger Regions funding. The application process is substantial and validation is required.

NSRF Round Three 2016 advice of successful applications is due in July 2016. Based on previous

round timelines it is likely that the next round of applications being Round Four will be due in

December 2016 or possibly as late as January 2017.

It is therefore essential to align activities to maximise our opportunities in a timely manner should

Council wish to pursue funding through the next NSRF round.

Design Process

The City needs to commence the design process for the car park and cultural precinct that will

allow for grant submissions such as the National Stronger Regions Funding that looks at the funding

for the development of priority infrastructure in regional and disadvantaged communities.

There is a need to develop the following concept designs and documentation that will feed to into

funding applications, including the following:

* Site masterplan

* Cultural Precinct planning urban design

* Multi Storey Car park design

* Cost plan to + or – 15%

* Traffic modelling

* Assistance with funding report

This will then allow Council to implement a number of decision’s including -

* Council sign off

* Community Consultation

* Business case development

Initial indications are that up to $300,000 will be required to produce the required plans and

documentation.

Project Area Consideration

The existing car park site ”as is” may compromise the proposed car park particularly in regards to

the inclusion of commercial or residential components on the first couple of levels of the car park

building. Including the commercial/residential elements will result in a significant decreased in the

number of bays that can be incorporated in the first couple of levels.

To ensure that we optimise the best return in regards to the development of the car park and

associated civic precinct in may pertinent to consider options in regards to the car park design. If

the full closure of Wittenoom Street were to be considered then closing the road reserve may allow

for the car park building to be extended into the closed road reserve and thus create the space

require for the residential / commercial components without compromising the number of bays

the existing site can sustain.

12 July 2016


The design will consider a number of options and it would be valuable for one of these to be the

closure of Wittenoom Street and the associated road reserve and the extension of the car park

building into the closed reserve. This would also need to be considered in regards to traffic

modelling to determine the effects of the closure of Wittenoom Street. This can be considered as

part of the design process.

Land consolidation

The City has received written advice in relation to the land area being considered and this now

determines land consolidation going forward. Please refer to letter attached at CRUSC 3. Officers

will continue to work with Department of Lands to complete a new Right of Way (ROW) alongside

South’s store, with access off Wellington Street to free up an existing crown land holding within the

planned development area and ensure Mr South continues to have access to his delivery dock. The

‘Crown” also an interest over a portion of land being Lot 66 Prinsep Street. That interest has been

valued at $55,000. The City seeks to acquire this “interest” from the State Government to provide

100% City of Bunbury Freehold Title over the said site.

The estimated cost to acquire and consolidate the land to one title and create the new ROW is

approx. $65,000, subject to any conditions that may be imposed by the WAPC.

The estimated timeline for consolidation is outlined below and is subject to external agencies

timeliness in response and processing. It is proposed that the City would seek to amalgamate the

properties as a stand-alone action rather than as part of a Development Application (DA), over the

said site.

Proposed Timeline

1. Engage Surveyor – 2 week quotation period

2. Surveyor prepares subdivision plan – 2 weeks

3. WAPC Form 1A Lodged- Statutory processing time 3 months (90 days)

4. Conditional approval received, surveyors engaged to deal with any conditions – 4 weeks

5. Service providers to undertake removal of additional services (4-8 weeks)

6. Apply for clearance of conditions – 4 weeks; and

7. New Titles issues – 3 weeks.

Total timeframe: 5.75 months


The Manager Finance advises that the funding for the design of the Civic and Cultural Precinct

($300K), acquisition the States interest in land ($55K) and amalgamate lots associated with this

area ($10K), totalling $365K can be funded from the City of Bunbury General Parking Reserve

($215K) and the Closing Funds Surplus at 30 June 2016 ($150K). It is estimated that the balance of

the City of Bunbury General Parking Reserve funds as 30 June 2017 will be $1.285M.


An informal community survey was undertaken in November 2015.

A community meeting was held on 24 March 2016 and was attended by 65 people.

12 July 2016


An online survey and discussion paper was addressed was open for a four week period thereafter.

Consultation for the project was widely advertised including:

Information on the City of Bunbury website

Distribution to all members of the City of Bunbury Household Panel

Two (2) media releases to all local media that attracted coverage, both print and online

Information re the community meeting and online survey included in four editions of City

Focus

Information re the community meeting and online survey featured in City of Bunbury E-

newsletter

At least six Facebook posts on the City of Bunbury page

Email invitation to the community forum went out to all BCCI members including a

reminder the week of


Council, the Executive Leadership Team and all relevant officers have been consulted throughout

the process to date.


Cr Hayward declared an impartiality interest. He remained in the Chamber for the duration of the

discussion and vote on the matter.

The recommendation (as printed) was moved Cr Warnock, seconded Cr Kelly.


matter.


That Council:

1. Note the Community Consultation Report.

2. Requests the CEO to progress the consolidation of land for the project.

3. Requests the CEO to progress the concept design via a request for tender (RFT).

4. Includes allocation of funds in the 2016/17 year budget as detailed in this report:

i. Progress the consolidation of land for the project ($65,000)

ii. Undertake concept designs for tender ($300,000)

CARRIED

8 votes “for” / 4 vote “against”

12 July 2016


10.12 Proposed Scheme Amendment 78 to Rezone Lot 100 Bunning Boulevard, East

Bunbury, from ‘Residential Zone’ to ‘Special Use Zone No. 61 – Local Centre’ and

‘Special Use Zone No. 62 – Mixed Use Frame’ (was listed as 10.4.1 of the Council Agenda)

File Ref: A06038 (2014/4/1)

Applicant/Proponent: Planning Solutions Australia Pty Ltd

Responsible Officer: Anthony Pick, Acting Senior Planning Officer

Executive: Sarah Upton, Acting Director Planning, Development and Regulatory

Services

Attachments: Appendix DPDRS-1: Scheme Amendment Report

Appendix DPDRS-2: Schedule of Submissions

Appendix DPDRS-3: Applicant’s Response to Schedule of Submissions

Appendix DPDRS-4: Applicant’s Submission to Scheme Amendment

Appendix DPDRS-5: Applicant ‘s Community Consultation

Appendix DPDRS-6: Applicant’s Modified Concept Plan/Special Use

Boundaries Following Public Advertising

Appendix DPDRS-7: Minister Refusal of Scheme Amendment 11

Summary

Proposed Scheme Amendment 78 was submitted by Planning Solutions Australia Pty Ltd acting on

behalf of the landowner, Hornell Nominees Pty Ltd. At its meeting on 3 March 2015 Council

resolved to initiate Scheme Amendment 78 including modifications, as recommended by City of

Bunbury planning services staff, to the special use zone boundaries and associated development

standards and conditions (Council Decision 75/15).

It is considered that the proposed scheme amendment as initiated provides an acceptable scale of

commercial development to cater for the needs of the local community in a manner that also

facilitates the delivery of appropriately designed medium to high density housing. The proposed

amendment is therefore consistent with the aims of both the state and local planning framework.

The proposal is now returned to Council for its further consideration and resolution to either

support or not support the amendment to the City of Bunbury Town Planning Scheme No.7 (TPS7 /

the Scheme) after it was advertised for public comment. The Council resolution will then be

provided to the Western Australian Planning Commission (WAPC) for its recommendation for a

final decision on the proposed amendment by the Minister for Planning.


That Council:

1. In accordance with the Planning and Development Act 2005 (as amended) and the Planning

and Development (Local Planning Schemes) Regulations 2015 resolves to:

(a) Support Scheme Amendment 78 to the City of Bunbury Town Planning Scheme No.

7 with modifications to amend the Scheme by:

(i) Amending the Scheme text by inserting the following land use definition

within Schedule 1 - Dictionary of Defined Words and Expressions:

‘Ancillary dwelling’ has the same meaning as in the Residential Design

Codes;

12 July 2016


(ii) Amending the table under ‘Schedule 2 – Special Use Zones’ of the Scheme

Text by inserting provisions for ‘Special Use Zone No. 61 - Local Centre’ and

‘Special Use Zone No. 62 - Mixed Use Frame’, in accordance with the

modified scheme amending pages prepared by the City of Bunbury;

(iii) Deleting the ‘Development Investigation Policy Area’ Special Control Area

from Lot 100 Bunning Boulevard on the Scheme Map;

(iv) Rezoning part of the land included in Lot 100 Bunning Boulevard from

‘Residential Zone’ with a residential density coding of ‘R20’ and ‘No Zone’

to ‘Special Use Zone - Local Centre’ (S.U.61) depicted over that portion of

Lot 100 Bunning Boulevard on the Scheme Map; and

(v) Rezoning part of the land included in Lot 100 Bunning Boulevard from

‘Residential Zone’ with a residential density coding of ‘R20’ to ‘Special Use

Zone - Mixed Use Frame’ (S.U.62) depicted over that portion of Lot 100

Bunning Boulevard on the Scheme Map;

(b) Notify the Western Australian Planning Commission of Council’s resolution to refer to

the Commission three (3) copies of the Scheme Amendment 78 documentation.

2. Inform the applicant, landowner and submitters of the Council decision.

Strategic Relevance

Key Priority Area No. 3: Natural and Built Environment

Objective No. 3.4 Facilitate urban design, diversity of land users, and enabling infrastructure.

Key Priority Area No. 4: Regional Economy

Objective No. 4.3 Promote Bunbury as a place that supports commercial, residential and

social development

Key Priority Area No. 5: Corporate

Objective No. 5.1 Facilitate community and stakeholder participation in decision-making.

Background

Scheme Amendment Process

Scheme Amendment 78 was initiated by Council for public advertising at its meeting on

3 March 2015. The WAPC requested that prior to advertising the scheme amendment report, which

was prepared by the applicant that the Scheme Amendment documentation needed to be updated

to reflect the Council decision, in particular the special use boundaries and amending pages as

modified by the City of Bunbury.

At that stage the scheme amendment did not progress as the modified outcome did not reflect the

applicant’s intentions for developing the site. The City of Bunbury planning staff then subsequently

met with the applicant on a number of occasions to agree upon a way forward. In January 2016 the

applicant modified the scheme amendment report and removed the concept plan from the

documentation, which was inconsistent with the initiated scheme amendment.

The applicant was advised that the most appropriate way to seek a realignment of the special use

boundaries was to make a submission as part of the advertising of the proposed Scheme

Amendment. In addition, the applicant was advised to engage with the local community to gauge

12 July 2016


whether there would be support for an alternative form of development. The applicant’s

submission and communication with the surrounding residents is further discussed in the

Community Consultation section of this report.

Site and Surroundings

The subject site comprises of a vacant lot with a total area of 9,615m² and is located approximately

2.5 kilometres from the city centre. The lot is zoned ‘Residential Zone (R20)’ and includes a

‘Development Investigation Policy Area’ (DIPA) designation. A DIPA is a type of ‘Special Control

Area’ designation that triggers the need for a structure plan to be prepared before any subdivision

or development can be considered.

The subject site is bounded by Sandridge Road to the north and Picton Road to the west. Both

roads are reserved under the Greater Bunbury Regional Scheme (GBRS) as ‘Other Regional Roads

Reserve’. The site therefore benefits from having high visibility to passing trade.

To the west of Picton Road the land is included in the ‘Mixed Business Zone’. To the south and east

of the site the land adjoins Bunning Boulevard and Duncan Way respectively, which are included in

the ‘Residential Zone’ with a residential density coding of R20.

Planning History

The subject site has an extensive planning history, of which Scheme Amendment 11 to TPS7 was

the last and most relevant proposal. Council, in September 2005, supported an amendment to

rezone former Lot 71 to ‘Mixed Business Zone’ fringed by a ‘Residential Zone’ with an R40

residential density coding. However, the proposed amendment was subsequently refused by the

Minister for Planning in November 2008 for six main reasons set out in summary below:

- The site is part of a residential cell and is well suited to residential development in terms of

its close proximity to schools, shops, open space and public transport.

- Proposal is not supported by strategic plans and is outside of the recognised Central

Bunbury Mixed Business Area.

- Rezoning of the subject site may compromise the outcomes/recommendations of the City

of Bunbury’s Commercial Strategy and Housing Strategy.

- Without development guidelines, concerns were raised that the proposal would fail to

deliver a desirable built form or satisfactorily accommodate the requirements and servicing

needs of a modern large commercial centre whilst maintaining satisfactory levels of

residential amenity.

- Part of the subject site is incorporated in the ‘Other Regional Roads Reserve’ under the

GBRS and hence the proposed development would not be consistent with the Region

Scheme.

- Considerable and justifiable concerns raised by surrounding residents likely to be adversely

affected by the proposed commercial development of the site if rezoned.

A copy of the decision is attached at Appendix DPDRS-7.

Since the time Scheme Amendment 11 was refused, former Lot 71 has been subsequently

amalgamated with a portion of the closed road reserve to comprise the one title of Lot 100 on

Deposited Plan 6615. The rezoning under the GBRS of the reserved portion of Lot 100 to ‘Urban

Zone’ has now been regularised by the WAPC through an omnibus amendment to the GBRS.

12 July 2016


In March 2011 Council adopted the Local Planning Strategy for Activity Centres and

Neighbourhoods. The principal aim of the strategy is to facilitate a network of mutually supportive

residential neighbourhoods and hierarchy of activity centres. The strategy identified, following

consultation, the potential for a new local centre on the subject site dependent upon the lot being

developed for medium to high density residential purposes. While the strategy was only

conditionally endorsed by the WAPC as an informing strategy for the preparation of a Local

Planning Strategy and revised Local Planning Scheme, it nevertheless provides relevant strategic

planning guidance for considering any scheme amendment for the subject site under the existing

Scheme.


The scheme amendment proposal will facilitate the delivery of a local centre with a residential

interface to Bunning Boulevard and Duncan Way. The proposed amendment is considered to be

generally in compliance with the City of Bunbury Local Planning Strategy for Activity Centres and

Neighbourhoods.

Adopted land use planning strategies and policies of the City of Bunbury’s Local Planning

Framework will continue to be relevant throughout subsequent detailed planning, subdivision and

development phases.


The following statutory planning instruments of the State Planning Framework and Local Planning

Framework are applicable to the assessment of this scheme amendment request:

- Planning and Development Act 2005 (as amended);

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

- Greater Bunbury Region Scheme (GBRS);

- State Planning Policy 3.1 Residential Design Codes (the ‘R-Codes’);

- City of Bunbury Town Planning Scheme No.7;

- Activity Centre for Greater Bunbury Policy (2012); and

- Local Planning Strategy for Activity Centres and Neighbourhoods

With respect to the implementation of the proposed scheme amendment, it was previously noted

that the subject site encompassed land reserved under the GBRS as ‘Other Regional Roads

Reserve’. This matter has now been dealt with by the WAPC through a region scheme omnibus

(minor) amendment procedure, which has rezoned that portion of Lot 100 Bunning Boulevard to

‘Urban Zone’.

Following the Council’s resolution, the scheme amendment documentation and schedule of

submissions will then be referred to the WAPC for its consideration and recommendation to the

Minister for Planning who makes the final decision prior to the scheme amendment’s gazettal.

Officer Comments

The following minor modifications to the advertised version of the proposed scheme amendment

report are proposed:

- Special Use Zone No. 61 now includes a portion of Lot 100 previously reserved as ‘Other

Regional Roads Reserve’ under the GBRS. This follows the rezoning of that portion of the

12 July 2016


lot to ‘Urban Zone’ as a result of the Greater Bunbury Region Scheme Amendment

0040/57, Omnibus No. 4 - Anomalies Amendment.

- All references to the requirement for a Structure Plan have been replaced with the

requirement for a Local Development Plan. As it is considered that a Local Development

Plan can satisfactorily deal with detailed planning matters for the site.

- All references to the requirement for a Development Contribution Plan have been omitted.

It is accepted that the required contributions can be dealt with at Development Application

stage. The requirement for a Transport Assessment and associated Infrastructure

Implementation Plan, as part of the Local Development Plan, will identify the required

improvements necessary and the nexus for required works in order for the development to

satisfactorily address the impacts.

- The inclusion of ‘Single Bedroom Dwelling’ from Schedule 1 – Dictionary of Defined Words

and Expressions’ is now omitted. The Scheme now includes the aforementioned definition.

- Minor changes to Special Use Conditions to avoid duplication of requirements.

It is considered that the above modifications do not materially amend the proposed scheme

amendment to the extent that further public advertising is required.

The modified scheme amendment report is attached at Appendix DPDRS-6.

In summary, the proposed Scheme Amendment 78 will facilitate the development of a local centre

of up to 2,000m² in retail floor space area, whilst providing for a viable mixed use frame. The

proposed scheme amendment will also respond to the potential impacts on the surrounding

residential neighbourhood of Sandridge Park. This will be achieved through a Local Development

Plan and the conditions of the Special Use Zones. Importantly, this includes limiting the external

edge of the mixed use frame area to residential uses only, but with scope for a mixed use

development internal to the site adjacent to the local centre, which is considered a more

appropriate solution for managing the transition between existing residential lots and the future

local centre uses.


There are no associated financial or budgetary implications associated with this stage of the

scheme amendment procedure.

However, given the type, scale and intensity of the proposed development on the subject site, it

can be anticipated that there will be a need for significant upgrading of local roads and pathway

infrastructure.

It is therefore recommended that as an outcome of a Transport Assessment, an Infrastructure

Implementation Plan be secured through the scheme amending procedure. This exercise should be

expected to identify the necessity for any new infrastructure or the upgrading of any existing

infrastructure caused by the proposed development.


The proposal was advertised for public comment as a ‘complex’ scheme amendment from

10 February 2016 to 18 April 2016. Public consultation measures included the following:

- Letters sent to surrounding landowners;

- Publication of notice in local newspaper;

12 July 2016


- Notification signs displayed on site;

- Notice of proposal on the City of Bunbury’s website; and

- Copies of the plans and supporting information made available at the City of Bunbury’s

Customer Service Centre.

A total of 56 public submissions and one (1) late submission were received, of which 47 were

objections to the proposed scheme amendment. One of the submissions includes a petition

received from 67 residents objecting to the proposal.

Refer to the Schedule of Submissions attached at Appendix DPDRS-2.

The proposed scheme amendment has generated a significant level of opposition from the

community. At the same time, the applicant has made a submission requesting modifications to the

special use zone boundaries to increase the area of the local centre and proposes changes to the

conditions guiding the special use zones.

The following section outlines the main issues raised in submissions.

Access and Traffic

The issue of traffic and access to the site is one of the recurring concerns of local residents to the

proposed rezoning. The development of the subject site for any use, including residential

development will increase traffic in the local area. However, it is acknowledged that the proposed

form of development will intensify traffic movements and requires appropriate consideration of

the impacts on the local road network. It is therefore a condition of the proposed scheme

amendment that a Transport Assessment is undertaken prior to the approval of a Local

Development Plan. Furthermore, the proposed amendment requires the approval of an

Infrastructure Implementation Plan, which identifies upgrades to the existing intersections/road

network including, but not limited to, reconfiguration and/or improvements to:

- Picton Road to accommodate a slip lane;

- Intersection treatment of Bunning Boulevard and Picton Road;

- Intersection treatment of Duncan Way and Bunning Boulevard; and

- Intersection treatment of Bunning Boulevard and Inkpen Road.

In response to the advice of the City of Bunbury’s Development Engineer, the special use conditions

of the proposed scheme amendment will prohibit vehicle access/egress from Sandridge Road.

Furthermore, there shall be no access/egress to Picton Road with the exception of a single access

provided for service vehicles only. Customers arriving by car will access the site from Bunning

Boulevard or Duncan Way.

Land Use

The City of Bunbury has received objections to the proposed scheme amendment on the grounds

that the site should only be developed for residential purposes as per the current zoning. Those

concerns are noted. However, the Local Planning Strategy for Activity Centres and Neighbourhoods

identifies the potential for the subject lot to perform a local activity centre role, taking up some of

the retail catchment demand served by the existing King Road local centre, which is physically

constrained with limited retail floor space. The proposed scheme amendment would facilitate a

comprehensive mixed use development across the subject lot, in the form of a local centre with a

mixed use frame and residential interface to Bunning Boulevard and Duncan Way.

12 July 2016


Impact on Residential Amenity

The scale of development in this location needs to be carefully and sensitively designed to ensure

there is no unreasonable loss of amenity to existing residents. The proposed scheme amendment

will require the submission and approval of a Local Development Plan (LDP) and together with

special use conditions, guide the form of development. The conditions for Special Use Zone 62

include the requirement for a residential interface to Bunning Boulevard and Duncan Way.

Achieving an appropriate building and landscaped interface both internally and externally to the

subject site will therefore be crucial if the amenity impacts on a relatively sensitive residential area

are to be satisfactorily managed. The proposed scheme amendment provides for both an

appropriate balance of land uses and a feasible minimum lot depth of 30 metres for the mixed use

frame (i.e. in order to allow for laneways or internal circulation).

Surrounding Zoning

There has been concern raised by local residents that the proposed scheme amendment may result

in the rezoning of the surrounding residential land, including for commercial uses. The proposed

scheme amendment does not propose any changes to the adjoining zoning. The amendment does

facilitate a residential interface to Duncan Way and Bunning Boulevard. Should Council resolve to

support a local centre it may be appropriate to consider up-coding the residential density of

properties in the immediate locality, similar to other parts of the City of Bunbury, as part of the

Scheme Review. It is accepted good planning practice to increase residential densities around

activity centres and public transport routes in delivering sustainable development. The Scheme

Review will be subject to advertising and the community would be consulted on any changes to

residential density coding.

Applicant Consultation with Local Community

As indicated above, the applicant was advised to engage with the local community to gauge

whether there would be support for an alternative form of development. Subsequently Planning

Solutions, the applicant’s planning consultant, on 11 February 2016 door knocked local residents

and provided to them a pre-filled City of Bunbury submission support form; where residents

weren’t home support forms were left in letterboxes together with a handwritten note on a

Planning Solutions complimentary slip. In addition the residents were provided with an alternative

site concept plan and architectural perspectives. Planning Solutions again door knocked residents

on 21 March 2016.

City of Bunbury planning staff advised Planning Solutions that the pre-filled City of Bunbury Logo

and submission form template had caused confusion as residents thought the pre-filled form and

Planning Solutions handwritten complimentary slip were sent by the City of Bunbury. Planning

Solutions were requested to write to local residents making it clear that there was a formal scheme

amendment proposal, which was subject to public advertising by the City of Bunbury, and an

alternative development presented by the applicant. A copy of Planning Solutions alternative

scheme amendment map and correspondence with residents are provided at Appendices DPDRS-5

and DPDRS-6.

Applicant’s Submission

12 July 2016


Planning Solutions have made a submission on behalf of the applicant, which is attached at

Appendix DPDRS-2. The submission seeks a number of modifications to the proposed scheme

amendment, including changes to the development conditions of the Special Use Zones as well as

re-alignment of the Special Use Zones in an alternative Scheme Amendment Map.

It is acknowledged that the applicant’s proposed concept/site plan is indicative. However, the

proposed access to the site is inconsistent with the conditions of the proposed scheme amendment

(e.g. customer access is also proposed from Picton Road).

The main concern regarding the applicant’s alternative scheme amendment is that it proposes only

a relatively narrow sleeve of mixed use development (Special Use Zone 62) and there are concerns

as to the viability and market for that of type of development. The interface with Duncan Way and

Bunning Boulevard is important and integral to supporting the proposed scheme amendment to

ensure that impact on residential amenity is appropriately managed.

In summary, the applicant’s proposed modifications would result in a predominantly commercial

development over the majority of the subject site. This provides limited opportunity to deliver a

feasible or harmonious residential interface with the surrounding low density (R20) neighbourhood

of Sandridge Park. Moreover, the applicant’s alternative special use conditions remove any specific

requirement to providing a residential interface. In other words alternative commercial uses could

be provided.


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 28 June 2016

Cr Steck declared a financial interest and left the Chamber at 6.13pm

Mr Ross Underwood addressed the Council on this item.

Mr Barry Truman addressed the Council on this item.

The Executive Recommendation (with amendment) was moved Cr Hayward, seconded Cr

McGuinness.


matter.

12 July 2016



That Council:

1. In accordance with the Planning and Development Act 2005 (as amended) and the

Planning and Development (Local Planning Schemes) Regulations 2015 resolves to:

(a) Support Scheme Amendment 78 to the City of Bunbury Town Planning Scheme No. 7

with modifications to amend the Scheme by:

(i) Amending the Scheme text by inserting the following land use definition within

Schedule 1 - Dictionary of Defined Words and Expressions:

‘Ancillary dwelling’ has the same meaning as in the Residential Design Codes;

(ii) Amending the table under ‘Schedule 2 – Special Use Zones’ of the Scheme Text by

inserting provisions for ‘Special Use Zone No. 61 - Local Centre’ and ‘Special Use Zone

No. 62 - Mixed Use Frame’, in accordance with the modified scheme amending pages

prepared by the City of Bunbury except that Condition 3.14 of Special Use Zone No. 61

is to be deleted;

(iii) Deleting the ‘Development Investigation Policy Area’ Special Control Area from Lot

100 Bunning Boulevard on the Scheme Map;

(iv) Rezoning part of the land included in Lot 100 Bunning Boulevard from ‘Residential

Zone’ with a residential density coding of ‘R20’ and ‘No Zone’ to ‘Special Use Zone -

Local Centre’ (S.U.61) depicted over that portion of Lot 100 Bunning Boulevard on the

Scheme Map in accordance with the Planning Solutions Proposed Zoning Plan

included at Appendix DPDRS-6 of the Council agenda plus the land included in the ‘No

Zone’; and

(v) Rezoning part of the land included in Lot 100 Bunning Boulevard from ‘Residential

Zone’ with a residential density coding of ‘R20’ to ‘Special Use Zone - Mixed Use

Frame’ (S.U.62) depicted over that portion of Lot 100 Bunning Boulevard on the

Scheme Map in accordance with the Planning Solutions Proposed Zoning Plan

included at Appendix DPDRS-6 of the Council agenda;

(b) Notify the Western Australian Planning Commission of Council’s resolution to refer to

the Commission three (3) copies of the Scheme Amendment 78 documentation.

2. Inform the applicant, landowner and submitters of the Council decision.

CARRIED

11 votes “for” / 0 votes “against”

Cr Steck returned to the chamber at 6.30pm

12 July 2016


10.13 Planning for the Nuytsia Avenue, Ecclestone Street, Barr Road and Brittain Road

Stables Precinct (was listed as 10.4.2 of the Council Agenda)

File Ref: P06956

Applicant/Proponent: City of Bunbury

Author: Thor Farnworth, Manager Sustainability, Planning and Development

Executive: Sarah Upton, Acting Director Planning, Development and Regulatory

Services

Attachments: Appendix DPDRS-8: Stables Precinct Study Area

Appendix DPDRS-9: Scheme Amendment Map

Appendix DPDRS-10: Nuytsia Avenue Bunbury Depot Location Plan

Appendix DPDRS-11: Sustainability and Environmental Planning Advice:

Proposed Stables and Depot Redevelopment

Appendix DPDRS-12: Racing and Wagering Western Australia Letter

Received 5.07.16

Summary

A resolution by Council is sought to initiate:

* a scheme amendment that proposes to rezone land at the Council Depot and in the

southern portion of Donaldson Park for future residential development, and

* preparation of a structure plan encompassing both Council owned or managed land and

privately owned land within the Stables Precinct for higher density residential

development.

The aim of undertaking the preparation of these proposals for public consultation is to explore

opportunities for facilitating the comprehensive planning and redevelopment of future urban infill

areas in accordance with an adopted structure plan.

A map showing the Stables Precinct study area is attached at Appendix DPDRS-8.

A copy of the proposed Scheme Amendment Map is attached at Appendix DPDRS-9.

A location plan showing the existing Bunbury Depot and its surrounds is attached at Appendix

DPDRS-10.


That Council resolves to:

1. In accordance with the Planning and Development Act 2005 and the Planning and

Development (Local Planning Schemes) Regulations 2015, resolves to prepare and initiate the

following scheme amendment to the City of Bunbury Town Planning Scheme No. 7:

(a) amending the Scheme Map and Scheme Text by rezoning Lot 37 on Deposited Plan:

48811/1 (street address number 57) Nuytsia Avenue and Lot 656 Barr Road (Reserve

Number: 38150) Carey Park, Bunbury, from ‘Special Use Zone No. 22’ to ‘Development

Zone - Residential’; and

(b) amending the Scheme Map by rezoning Lot 501 on Deposited Plan: 28900 (street

address number 83) Ecclestone Street, Carey Park, Bunbury, from ‘Parks and

12 July 2016


Recreation Reserve’ to ‘Development Zone – Residential’.

2. Determines that the scheme amendment is a ‘complex amendment’ under clause 34 of the

Planning and Development (Local Planning Scheme) Regulations 2015 for the following

reasons:

(a) the amendment is not consistent with an adopted Local Planning Strategy for the

Scheme that has been endorsed by the Western Australian Planning Commission

(WAPC);

(b) the amendment is not addressed by any other adopted topic specific local planning

strategy (e.g. the Local Planning Strategy for Activity Centres and Neighbourhoods);

(c) the amendment relates to development that is of a scale, or will have an impact, that

is significant relative to development in the locality;

(d) the amendment is likely to involve the designation of an associated Development

Contribution Area and/or the preparation of a Development Contribution Plan; and

(e) the amendment involves land that is known or suspected to be contaminated.

3. Instructs the City of Bunbury officers to prepare the relevant scheme amending

documentation to accompany the proposal, and subsequently:

(a) refer a copy of the draft scheme amendment documentation to the WAPC,

Environmental Protection Authority (EPA) and any other relevant public authority, for

consideration and comment;

(b) subject to formal assessment not being required by the EPA, proceed to advertise the

proposed scheme amendment for public comment with a submission period of not

less than sixty (60) days; and

(c) further consider the proposal together with any public submissions lodged with the

City of Bunbury following the conclusion of the statutory public advertising period.

4. Should the procedure to amend the City of Bunbury Town Planning Scheme No. 7 as

proposed not be finalised by the time public advertising of the proposed draft Local Planning

Scheme No. 8 is completed, then a recommendation is to be made to the WAPC to include

the following changes as a consolidation to the draft Scheme Map prior to gazettal of the

new Scheme:

(a) Lot 37 Nuytsia Avenue and Lot 656 (Reserve Number: 38150) Barr Road, Carey Park,

Bunbury, to be included in the ‘Urban Development Zone’; and

(b) Lot 501 Ecclestone Street, Carey Park, Bunbury, to be included in the ‘Urban

Development Zone’.

5. Authorises the CEO to progress negotiations with the Department of Lands on acquiring Lot

37 Nuytsia Avenue (i.e. the 75% currently held in Crown Trust as unencumbered land), Lot

656 Barr Road (RN: 38150) and Lot 501 Ecclestone Street, Carey Park, Bunbury, as

‘unburdened’ freehold titles, subject to the outcomes of any contaminated site investigations

and land valuations.

6. Commits to new funding an additional $15,000 in the 2017/18 financial year budget under

the existing project PR-3196 ‘Conduct detailed contaminated site investigation for Nuytsia

Ave depot’, for the completion of contaminated site investigations for Lot 37 Nuytsia Avenue

(Council Depot site).

7. Commits to new funding an additional $80,000 in the 2016/17 financial year budget, and

12 July 2016


$25,000 as part of the 2017/18 financial year budget, for the undertaking of contaminated

site investigations for Lot 501 Ecclestone Street.

8. Requests the CEO prepare a project brief for the preparation of a structure plan

(incorporating supporting studies and management plans) to be advertised as a Request for

Tender. The scope of the Request for Tender is to provide for a range and breakdown of

costed options (i.e. the cost of preparing structure plans for either or both the Crown land

sites and the cost of preparing a structure plan for the whole of the study area known as the

‘Stables Precinct’ encompassing properties associated with Barr Road and relevant sections

of Ecclestone Street and Brittain Road). The outcome and recommendations of any Request

for Tender process is to then be considered as part of the 2017/18 financial year budget with

respect to the Long Term Financial Plan.

9. Authorises the CEO to progress discussions with State Government agencies (i.e. LandCorp

and Department of Lands) seeking their possible involvement as a joint venture partner in

the preparation and implementation of a future structure plan project over the subject area.

10. Advise relevant stakeholders and affected landowners of Council’s decision.

Strategic Community Plan - Key Priority Areas

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

Objectives: 4.1 Maintain support for local business

4.2 Create an environment that will attract new business

4.3 Promote Bunbury as a place that supports commercial, residential and

social development

Key Priority Area 5: Corporate

Objective: 5.1 Facilitate community and stakeholder participation in decision-making

Background

To date, the following community engagement has occurred with landowners and residents living

in the Stables Precinct:

* Letters were sent out to 127 residents on 10 February 2015 notifying landowners that the

City of Bunbury was undertaking a Local Planning Scheme review investigation (of which 49

submissions were received).

* A public consultation meeting was held at the Bunbury Trotting Club on 9 March 2015, at

which 43 people including Councillors Kelly, McCleary and Jones were in attendance.

* A further public consultation meeting was held at the Bunbury Trotting Club on 18 May

2015, with 126 invitations sent (including to the 49 submitters), which was attended by

approximately 40 of the same attendees including Councillors as the 9 March 2015

meeting.

* Letters were sent out to the residents and submitters on 4 September 2015 notifying them

about the next steps in the consultation process, which advised that an agenda item report

would be prepared for Council’s consideration.

12 July 2016


The outcome of this preliminary consultation indicated interest from a number of landowners and

Councillors in undertaking a planning exercise that explored opportunities for the:

* rationalisation of underutilised public open space (POS) areas;

* redevelopment of the existing Council Depot site for residential purposes; and

* enabling of infill housing development, either as:

- a continuing Stables Precinct with an increased residential density code of ‘R10’

(i.e. with a minimum lot size of 1,000m², based on the City of Belmont’s

‘Residential and Stables Zone’ located in Ascot); and/or alternatively

- a comprehensively redesigned higher density residential neighbourhood (with no

stables) based on the WAPC’s Liveable Neighbourhoods operational policy.

At Council’s ordinary meeting held on 14 June 2016, it was resolved (Council Decision 197/16) to

authorise the Chief Executive Officer to commence:

‘3. Process for a scheme amendment and structure plan for the current Nuytsia Avenue Site and

Stable Precinct along with necessary contaminated site investigations.’

Legislative and Council Policy Compliance

The following statutory planning instruments of the State Planning Framework and Local Planning

Framework are applicable to the consideration of these proposals:

* Planning and Development Act 2005;

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

* Greater Bunbury Region Scheme (GBRS);

* State Planning Policy 3.1 Residential Design Codes (the ‘R-Codes’);

* Liveable Neighbourhoods (Edition 4, October 2008);

* City of Bunbury Local Planning Strategy for Activity Centres and Neighbourhoods

(December 2010); and

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

In addition, the process for preparing and implementing structure plans is to be in accordance with

the WAPC’s Structure Plan Preparation Guidelines (August 2012) and its more recently published

Planning and Development (Local Planning Schemes) Regulations 2015 Structure Plan Framework

(August 2015), which has been released for six months for trial and review. The guidelines cover:

* purpose of structure plans, including format and content;

* information requirements for structure plans;

* advertising procedure for structure plans;

* approval of structure plans by the WAPC;

* methods for specifying residential density and varying the R-Codes;

* operation of a structure plan;

* relationship with the local planning scheme, including the meaning of ‘due regard’;

* determining applications for development approval with a structure plan; and

* process for amending and revoking a structure plan.

Officer Comments

Council Depot Site

12 July 2016


The City of Bunbury’s works operation depot is comprised of Lot 37 (#57) Nuytsia Avenue, Carey

Park, with its predominant access being via the adjoining Lot 4676 (RN: 24089) which is classified as

a ‘class A reserve’ under the Land Administration Act 1997. The management order for the reserve

currently has a purpose of ‘children’s playground’. To rationalise the reserve and include this in any

future redevelopment proposal will require cancellation of the classification and reservation.

The City of Bunbury’s tenure at the Nuytsia Avenue depot, being Lot 37 is limited by a ‘Crown Grant

in Trust’ (as per attached site location plan, showing the area of the land held in trust). The City of

Bunbury owns approximately 25% of the site as ‘unburdened’ by the Crown Grant in Trust, with the

remaining 75% ‘burdened’ by the Crown Grant in Trust. The Land Administration Act 1997 provides

for the removal of the condition on title (Trust) by the payment of the unimproved value of the

land. As such, Lot 37 is essentially a ‘conditional freehold title’ held by the City of Bunbury.

Recent discussions have been held with the Department of Lands to acquire the site as

‘unburdened’. To do so requires assessment of possible contamination and land valuation. The

department is currently working through the process to address these matters. As such, the

Department of Lands are aware of a possible scheme amendment proposal to rezone the land in

order to achieve the highest and best outcome for the site and the city overall.

Lot 37 and Lot 656 are currently designated as ‘Special Use Zone No. 22’ under the existing Town

Planning Scheme, with ‘Council Depot’ being listed as the only authorised land use. Rectangular in

shape, the site is approximately 3.15 ha and is accessed solely from Nuytsia Avenue.

Redevelopment of this land for an alternative purpose will require a scheme amendment, and in

order to ensure that this is carried out in an orderly and proper manner, its rezoning to

‘Development Zone – Residential’ is proposed. This zoning requires a structure plan to be prepared

and then endorsed by the WAPC prior to any subdivision or development occurring on the land.

The structure planning requirement acknowledges that redevelopment of the Council Depot

premises will need to be supported by a number of site investigations and studies, which are most

appropriately carried out in a co-ordinated manner, and are expected to include environmental

assessment, contamination analysis, traffic analysis, local water management, and infrastructure

servicing investigations. The structure planning process will include consultation with relevant

government agencies and the community.

The structure plan once prepared will identify the intended configuration of the specific land use

zones that are most applicable, residential density coding (as appropriate), road layout and any

areas required to be held as reserves (e.g. for roads and drainage). Following the endorsement of

the structure plan a ‘basic amendment’ will be required in order to transfer (formalise) the land use

zoning and reserves shown of the structure plan map onto the Scheme Map. This is essentially an

administrative procedure that can be executed relatively quickly and without the need for further

public consultation.

The land is included in the ‘Urban Zone’ under the GBRS, and hence, there is no requirement for a

region scheme amendment to be undertaken in this instance.

Should the proposed scheme amendment procedure not be finished by the time public advertising

of the new draft Local Planning Scheme No. 8 (LPS8) has been concluded, then a recommendation

will be made to the WAPC at that time to include the rezoning of the Council Depot site to ‘Urban

Development Zone’ under the gazetted new Scheme.

12 July 2016


Lot 501 Ecclestone Street

Lot 501 (#83) Ecclestone Street is bounded by Brittain Road (south) and Milligan Street (east), and

forms the southernmost portion of the area associated with Donaldson Park (Bunbury Trotting

Track). The land is designated as ‘Parks and Recreation Reserve’ under the Scheme and presently

accommodates a practice/warm up track that sits slightly above the surrounding area and is largely

grassed with some vegetation.

The practice/warm track is currently used daily by trainers and advice from users has indicated that

future use the track would need to be factored into any redevelopment of the area. Development

of this land will require a scheme amendment, and in order to ensure that this is also carried out in

an orderly and proper manner, it’s rezoning to ‘Development Zone – Residential’ would be

appropriate - mirroring the approach to that being proposed for Lot 37 Nuytsia Avenue.

Accordingly, the zoning requires a structure plan to be prepared and then endorsed by the WAPC

prior to any subdivision or development occurring on the land.

The structure planning requirement acknowledges that development of the ‘Parks and Recreation

Reserve’ premises will need to be supported by a number of site investigations and studies, which

are most suitably carried out in a co-ordinated manner, and are expected to include environmental

assessment, contamination analysis, traffic analysis, local water management, indigenous heritage,

and infrastructure servicing investigations. The structure planning process will include consultation

with relevant government agencies and the community.

The structure plan once prepared will identify the intended configuration of the land use zones,

residential density coding (as appropriate), road layout and any areas required to be held as

reserves (e.g. to function as public open space). Following the endorsement of the structure plan a

‘basic amendment’ will be required in order to transfer (formalise) the land use zoning and reserves

shown of the structure plan map onto the Scheme Map. This is essentially an administrative

procedure and can be executed relatively quickly and without the need for further public

consultation.

As is the case for the Council Depot site, the land is included in the ‘Urban Zone’ under the GBRS,

and hence, there is no requirement for a region scheme amendment to be undertaken in this

instance.

Furthermore, should the proposed scheme amendment procedure not be finished by the time

public advertising of the new draft LPS8 has been concluded, then a recommendation will be made

to the WAPC at that time to include the rezoning of Lot 501 to ‘Urban Development Zone’ under

the gazetted new Scheme.

Stables Precinct

The area colloquially known as the ‘Stables Precinct’ has become synonymous with that area of

land located between the Bunbury Turf Club and Bunbury Trotting Track, which comprises

residential properties on large lots situated along Barr Road and sections of Ecclestone Street and

Brittain Road. The existing Scheme designates this area as ‘Residential Zone’ with a density coding

of ‘R5’, which historically reflects the close to racetrack setting of the precinct and has essentially

allowed residential lots to also accommodate the stabling of horses.

Local Planning Scheme No. 8 as currently drafted does not presently propose any zoning or density

coding changes for this area. The draft Scheme does however propose to include the precinct

12 July 2016


within an ‘Additional Use’ area, which essentially would confirm the legal status of stables as being

a permitted development in this locality.

Since LPS8 was drafted, the precinct’s current and potential role has become the focus of renewed

consideration by Councillors and the local community. However, no clear consensus of landowner

opinion has been able to be established at this point in time. That is, whether or not the providing

for the stabling of horses should remain as a key role of the precinct, or whether this role should

essentially come to an end and density increases be permitted that potentially facilitates a

significant degree of residential subdivision and redevelopment.

The precinct however is not presently served by a reticulated sewerage system and the Water

Corporation has confirmed that this area will not be covered in any of their current or intended

future infill sewerage programs. Consequently, responsibility for providing sewerage and

connecting to the broader sewerage network lies with any potential developers. In accordance

with the Department of Health’s Draft Country Sewer Policy (as amended 2003), new residential

development involving the creation of lot sizes less than 2,000m² is required to provide reticulated

sewerage.

As a result, any intended up-coding of the current ‘Residential Zone’ form ‘R5’ density to ‘R10’ or

higher is unlikely to be acted upon in the short to medium term, as the costs of providing such

infrastructure would almost certainly be prohibitively expensive for individual

landowners/developers. A comprehensive rather than ad-hoc approach to the provision of

satisfactory sewer infrastructure would therefore be required.

In conclusion, in establishing a way forward it can be acknowledged that it would be appropriate

for the Stables Precinct to be included as an integral part of the structure planning now being

proposed for the adjacent Crown land sites. As the preparation of a single comprehensive

structure plan incorporating the Stables Precinct, Lot 37 Nuytsia Avenue (Council Depot site) and

Lot 501 Ecclestone Street would ensure that a thorough and integrated approach ensues, and

through the process, facilitate better informed decision making to occur.

Following endorsement of the structure plan, a basic scheme amendment could then be

undertaken at any time (either now to TPS7 or later to LPS8) to confirm the agreed new zonings

(including any consequential residential density code increases) and reserves on the Scheme Map.


The scheme amendment procedure has no budgetary impact other than the costs associated with

public advertising of the proposal. The amendment, if finally approved, could be expected to

increase interest in the purchase of the Council Depot and Donaldson Park sites from prospective

developers/investors.

The preparation of a draft structure plan and associated supporting environmental and engineering

studies and management plans for the whole of the study area is likely to cost significantly more

than $100,000 in total; and therefore, would require a Request for Tender process to be followed in

order to determine the total cost of this exercise as a project.

The ultimate costs of addressing the overall planning and provision of infrastructure services to the

Stables Precinct (including mechanisms and sources of funding) have not been quantified at this

stage, as this would be contingent upon the preparation of a detailed Development Contribution

Plan.

12 July 2016


Should Council not resolve to undertake a structure plan for the whole of the study area, and

instead wish to focus only on the two Crown land sites of Lot 37 and Lot 501, then the option

remains for Council to sell the land once rezoned to ‘Development Zone – Residential’ without any

structure planning in place. As the preparation of simpler and less costly structure plans (i.e. in

dealing with stormwater management issues in particular) for both sites could occur separately as

the responsibility of the respective purchasers.

It should also be noted that both Lot 37 and Lot 501 are identified as being contaminated sites

requiring investigation before any change in land use or further development can occur. Presently,

$100,000 has been allocated to continue with the contaminated site investigation of the Council

Depot under project PR-3196 in the 2016/17 financial year budget. However, completion of this

work will require an additional $15,000 in the 2017/18 financial year budget.

In order to progress with the proposed development of Lot 501 Ecclestone Street, a contaminated

site investigation will need to be undertaken. However, presently there are no allocated funds to

undertake this specific investigation as a project in the Long Term Financial Plan, therefore if the

Council wishes to proceed with the amendments and structure plan for the Stables Precint, new

funding would need to be allocated to this project.. It is estimated that this project would cost a

total of $105,000 approximately (not including any extensive remediation works). The timeframe

for undertaking the contaminated site investigation is approximately 18-24 months, and hence, will

need to be spread over two financial years (i.e. $80,000 in the 2016/17 financial year budget, and

$25,000 as part of the 2017/18 financial year budget).

Consequently, it can be expected that the undertaking of contaminated site investigations for both

sites will necessitate the allocation of additional funding of at least $120,000 (not including any

extensive remediation works), subject to the outcomes of any tendering process. The total funding

of the projects being to the value of $220,000 for the completion of the contaminated sites

investigations (including independent auditing and request for reclassification) for both the Council

Depot site and Lot 501 Ecclestone Street within the next two years.

Further details on the potential environmental constraints associated with these proposals can be

found in the Sustainability and Environmental Planning Advice attached at Appendix DPDRS-11.

It is advised that the City of Bunbury has recently been approached by a prospective purchaser of

Lot 471 on Deposited Plan: 171364 and Lot 501 on Deposited Plan: 28900. As such, the City of

Bunbury is not yet in a position to consider any offers definitively until such time as Council has

decided upon the future redevelopment outcomes for this area.


The proposed scheme amendment, along with any associated proposed draft structure plan, will be

required to be advertised for public comment in accordance with the requirements of the Planning

and Development Act 2005 and associated Planning and Development (Local Planning Schemes)

Regulations 2015 for a minimum period of 60 days.

Part 4 of the Regulations deals with structure plans, which specifies that a proposed draft structure

plan must be publicly advertised for a period of not less than 14 days and not more than 28 days.

However, the total time taken to prepare a draft structure plan and its supporting documentation

varies greatly depending upon a range of factors that include:

12 July 2016


* the size and complexity of issues found in the study area;

* land use or development constraints and opportunities; and

* the nature and goals of the stakeholders (e.g. landowners) involved.

A detailed community engagement program with estimated timeframes would be prepared as part

of the scope of a project brief, but it can be assumed that in this case the preparation of a

comprehensive draft structure plan for the entire study area would take approximately 12 months,

based on experiences from other brown-field sites such as the Withers Local Area Planning Project.

An informal meeting arranged by the Mayor was held on 5 July 2016 following the Agenda Briefing

session, suggests that there would be merit in extending the boundary of the study area to

incorporate the full extent of Donaldson Park, including land situated at the corner of Hands

Avenue and Milligan Street. Broadening the area will ensure that the current and future needs of

the trotting track (and associated infrastructure/facilities and opportunities arising) are able to be

thoroughly investigated as an integral part of any future planning activities undertaken in the local

area. It will also allow the on-going relationship between the trotting track and the current ‘stables

precinct’ to be appropriately captured in a comprehensive manner. During the informal meeting,

the Mayor, Councillors and City officers were invited by local community representatives to take an

accompanied tour of the trotting track and stables area to gain a better appreciation of current

infrastructure and the use of its facilities. The Acting Chief Executive Officer and Acting Director of

Planning and Development Services, staff and some Councillors visited the stables area on 6 July

2016.

Prior to the informal meeting, the Acting Chief Executive Officer was hand delivered a letter from

Racing and Wagering Western Australia requesting suitable interfaces between development and

stables precinct areas be considered. This letter is attached at Appendix DPDRS-12.


The proposals have been referred to the City of Bunbury’s Development Coordination Unit (DCU)

for professional advice and technical assessment prior to the finalisation of this report.

Delegation of Authority

The proposals have been referred to Council for its determination, as the initiation of a scheme

amendment, and the budgeting of a structure plan project, cannot be determined under

delegation.


Mr Bryce Mcintosh addressed the Council on this item.

Ms Michelle Larsson addressed the Council on this item.

Mr Brian Clemens addressed the Council on this item.

Ms Kerry Keenan addressed the Council on this item.

Ms Julie Caldwell addressed the Council on this item.

12 July 2016


Mr Graham Stooke addressed the Council on this item.

The recommendation (as printed) was moved Cr Kelly, seconded Cr Jones (pro-forma). The Mayor

put the motion to the vote and it was LOST 3 votes for, and 9 votes against.

Cr Monique Warnock moved an alternate motion that seconded by Cr Hayward.

Mayor Gary Brennan declared an impartiality interest in this item as reference was now being

made to the South West Development Commission where he is a board member. He remained in

the Chamber for the duration of the discussion and vote on the matter.

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

matter.


That Council resolves to:

1. In accordance with the Planning and Development Act 2005 and the

Planning and Development (Local Planning Schemes) Regulations 2015,

resolves to prepare and initiate a scheme amendment to the City of

Bunbury Town Planning Scheme No. 7 to amend the Scheme Map and

Scheme Text by rezoning Lot 37 on Deposited Plan: 48811/1 (street

address number 57) Nuytsia Avenue and Lot 656 Barr Road (Reserve

Number: 38150) Carey Park, Bunbury, from ‘Special Use Zone No. 22’ to

‘Development Zone - Residential’.

2. Determines that the scheme amendment is a ‘complex amendment’

under clause 34 of the Planning and Development (Local Planning

Scheme) Regulations 2015 for the following reasons:

(a) The amendment is not consistent with an adopted Local

Planning Strategy for the Scheme that has been endorsed by

the Western Australian Planning Commission (WAPC);

(b) The amendment is not addressed by any other adopted topic

specific local planning strategy (e.g. the Local Planning Strategy

for Activity Centres and Neighbourhoods);

(c) The amendment relates to development that is of a scale, or

will have an impact, that is significant relative to development

in the locality;

(d) The amendment is likely to involve the designation of an

associated Development Contribution Area and/or the

preparation of a Development Contribution Plan; and

(e) The amendment involves land that is known or suspected to

be contaminated.

3. Instructs the City of Bunbury officers to prepare the relevant scheme

amending documentation to accompany the proposal, and

subsequently:

(a) Refer a copy of the draft scheme amendment documentation

12 July 2016


to the WAPC, Environmental Protection Authority (EPA) and

any other relevant public authority, for consideration and

comment;

(b) subject to formal assessment not being required by the EPA,

proceed to advertise the proposed scheme amendment for

public comment with a submission period of not less than sixty

(60) days; and

(c) Further consider the proposal together with any public

submissions lodged with the City of Bunbury following the

conclusion of the statutory public advertising period.

4. Should the procedure to amend the City of Bunbury Town Planning

Scheme No. 7 as proposed not be finalised by the time public advertising

of the proposed draft Local Planning Scheme No. 8 is completed, then a

recommendation is to be made to the WAPC to include Lot 37 Nuytsia

Avenue and Lot 656 (Reserve Number: 38150) Barr Road, Carey Park,

Bunbury, in the ‘Urban Development Zone’ as a consolidation to the

draft Scheme Map prior to gazettal of the new Scheme.

5. Authorises the CEO to progress negotiations with the Department of

Lands on acquiring Lot 37 Nuytsia Avenue (i.e. the 75% currently held in

Crown Trust as unencumbered land), Lot 656 Barr Road (RN: 38150),

Carey Park, Bunbury, as ‘unburdened’ freehold titles, subject to the

outcomes of any contaminated site investigations and land valuations.

6. Commits to funding an additional $15,000 in the 2017/18 financial year

budget under the existing project PR-3196 ‘Conduct detailed

contaminated site investigation for Nuytsia Ave depot’, for the

completion of contaminated site investigations for Lot 37 Nuytsia

Avenue (Council Depot site).

7. Commits to funding an additional $80,000 in the 2016/17 financial year

budget, and $25,000 as part of the 2017/18 financial year budget, for

the undertaking of contaminated site investigations for Donaldson Park,

including Lot 450, Lot 500, Lot 501 (#83) Ecclestone Street, Carey Park,

Bunbury.

8. Requests the CEO to prepare a project brief for the undertaking of a

Local Area Plan (incorporating supporting studies and management

plans) to be advertised as a Request for Tender. The study area for the

Local Area Plan being that area bounded by Brittain Road, Milligan

Street, Hands Avenue, Nuytsia Avenue and Bussell Highway -

incorporating the Bunbury Trotting Club precinct, the Bunbury Turf Club

precinct, the Stables precinct and the City of Bunbury works depot site.

This would be altered to exclude the Bunbury Turf Club if it did not want

to be included in that LAP. The scope of the Request for Tender is to

include the preparation of a structure plan (and corresponding basic

scheme amendment documentation) as a project deliverable for part or

parts of the study area. The outcome and recommendations of any

Request for Tender process is to then be considered as part of the

12 July 2016


2017/18 financial year budget with respect to the Long Term Financial

Plan.

9. That the Local Area Plan is to be prepared with the oversight of a

Project Group comprising of key stakeholder representatives and is to

be chaired by a nominated Councillor, with terms of reference to include

the investigation and identification of public and private sector

investment opportunities, potential development sites, servicing needs

and mechanisms for infrastructure provision, branding, structure plan

boundaries and consequential scheme amendments (as required).

10. Authorises the CEO to initiate discussions with Racing and Wagering

Western Australia (RWWA) and the South West Development

Commission (SWDC) about possible partnering and funding

opportunities for preparing and implementing the Local Area Plan.

11. Authorises the CEO to progress discussions with State Government

agencies (i.e. LandCorp and Department of Lands) seeking their possible

involvement as a joint venture partner in the preparation and

implementation of a structure plan over designated precincts /

development sites.

12. Advise relevant stakeholders and affected landowners of Council’s

decision.

CARRIED

10 votes “for” / 2 vote “against”

12 July 2016


11. Applications for Leave of Absence

11.1 Application for Leave of Absence – Cr Joel McGuinness

Applicant/Proponent: Cr Brendan Kelly

Author: Stephanie Addison-Brown, Acting Chief Executive Officer


Attachments: Nil

Cr McGuinness requests leave of absence from all Council-related business for the period 26 July

2016 to 16 August 2016 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.


Pursuant to Section 2.25 of the Local Government Act 1995, Cr McGuinness is granted leave of

absence from all Council-related business for the period 26 July 2016 to 16 August 2016 inclusive.


The recommendation (as printed) was moved Cr Giles, seconded Cr Cook.


matter.


Pursuant to Section 2.25 of the Local Government Act 1995, Cr Kelly is granted leave of absence

from all Council-related business for the period 6 July 2016 to 16 July 2016 inclusive.

CARRIED


12 July 2016


12. Motions on Notice

Nil.

13. Questions on Notice

13.1 Response to Previous Questions from Members taken on Notice

Nil

13.2 Questions from Members

Nil

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

Nil

12 July 2016


15. Meeting Closed to Public

15.1 Matters for which the Meeting may be Closed

These reports are confidential in accordance with section 5.23(2)(e) of the Local Government Act

1995, which permits the meeting to be closed to the public for business relating to the following:

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

(i) a trade secret; or

(ii) information that has a commercial value to a person; or

(iii) information about the business, professional, commercial or financial affairs of a

person,

where the trade secret or information is held by, or is about, a person other than the local

government; and

Recommendation

In accordance with section 5.23(2)(e) of the Local Government Act 1995 and clause 6.2 of the City

of Bunbury’s Standing Orders Local Law 2012, Council resolves to close the meeting to members of

the public to consider the items titled:

“15.1.1 Koombana Bay Redevelopment Project – Detailed Design Tender”


The recommendation (as printed) was moved Cr Steele, seconded Cr Warnock.

The Mayor put the motion to the vote and it was CARRIED 12 votes “for” / Nil votes “against”.

The meeting was closed to all members of the public and press at 7.38pm

12 July 2016


15.1.1 Koombana Bay Redevelopment Project – Detailed Design Tender

Applicant/Proponent: City of Bunbury

Responsible Officer: James Shepherd, Manager Assets & Projects

Executive: Gavin Harris, Director Works & Services

Attachments: Confidential Appendix CRUSC-1

This report is confidential in accordance with section 5.23(2)(e) of the Local Government Act 1995,

which permits the meeting to be closed to the public for business relating to the following:

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

(i) a trade secret; or

(ii) information that has a commercial value to a person; or

(iii) information about the business, professional, commercial or financial affairs of a

person,

where the trade secret or information is held by, or is about, a person other than the local

government; and

A confidential report and recommendation has been circulated to members under separate cover

(Confidential Report CRUSC-1). The report is not for circulation.


Cr Hayward declared an impartiality interest in this matter.

The recommendation (as printed) was moved Cr Steck, seconded Cr Jones.


matter.


That Council:

1. Accept Cardno (WA) Pty Ltd as the recommended tenderer for Part A for an amount of

$575,290 excluding GST.

2. Authorise the Chief Executive Officer to enter into a contract with Cardno (WA) Pty Ltd for the

detailed design of the Koombana Bay Redevelopment project.

CARRIED


12 July 2016


15.2 Public Reading of Resolutions that may be made Public

Cr Giles moved Cr Jones seconded that the meeting be reopened to the public and press.

The Mayor put the motion to the vote and it was CARRIED 12 votes “for” / Nil votes “against”.

The meeting was reopened to the Council officers, public and press at 7.41pm.

The Mayor read aloud Council Decision 243/16 for Item 15.1.1 “Koombana Bay Redevelopment

Project – Detailed Design Tender”

That Council:

1. Accept Cardno (WA) Pty Ltd as the recommended tenderer for Part A for an amount of

$575,290 excluding GST.

2. Authorise the Chief Executive Officer to enter into a contract with Cardno (WA) Pty Ltd

for the detailed design of the Koombana Bay Redevelopment project.

16. Closure

The meeting was declared closed at 7.42pm

Bunbury City Council Minutes 12 July 2016 and Minutes/Archives … · 12 July 2016. Table of...

Documents

Transcript of Bunbury City Council Minutes 12 July 2016 and Minutes/Archives … · 12 July 2016. Table of...