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Bunbury City Council Agenda Briefing Notice of Meeting and Agenda 21 August 2012 To: Mayor and Councillors The next Agenda Briefing Session will be held in the Council Chambers, City of Bunbury Administration Building, 4 Stephen Street Bunbury on Tuesday, 21 August 2012 at 6.00pm.

Andrew Brien Chief Executive Officer (Date of Issue: 16/08/2012) CITY OF BUNBURY

4 Stephen StreetBunbury WA 6230

Western Australia

Correspondence to:Post Office Box 21

Bunbury WA 6231

Have a say in shaping your City’s future Visit yoursaybunbury.com.au

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

Table of Contents

Item No Subject Page

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

2. ................................................................................................... 1 Disclaimer

3. .............................................. 2 Announcements from the Presiding Member

4. ................................................................................................. 2 Attendance

4.1 .................................................................................................... 2 Apologies

4.2 ...................................................................... 2 Approved Leave of Absence

5. ................................................................................ 2 Declaration of Interest

6. ................................................................................. 2 Public Question Time

6.1 .................................... 2 Responses to Public Questions Taken ‘On Notice’

6.2 ................................................................................. 2 Public Question Time

7. ....................................................... 3

Confirmation of Previous Minutes and Tabling of Notes of Briefings and other Meetings under Clause 19.1

7.1 ....................................................................................................... 3 Minutes

7.1.1 .............................. 3 Ordinary Council Meeting Held 24 July 2012

7.1.2 ..................................... 3 Minutes – Council Advisory Committees

7.2 ..................................................................................................... 3 Briefings

7.2.1 ................................................................. 3 Agenda Briefing Notes

7.3 ....................................................................................... 3 Items to be Noted

7.3.1 .......................................................... 3 Schedule of Accounts Paid

8. .............................................................................................. 4 Presentations

8.1 ...................................................................................................... 4 Petitions

8.2 ............................................................................................. 4 Presentations

8.3 ................................................................................................ 4 Deputations

8.4 ....................................................... 4 Council Delegates’ Reports for Noting

8.4.1 ............................................................... 4 Councillor Murray Cook

8.4.2 ................................................................. 4 Councillor Sam Morris

8.4.3 ................................................................. 4 Councillor Ross Slater

8.5 ................................................. 4 Conference Delegates’ Reports for Noting

9. .................................................. 5 Method of Dealing with Agenda Business

10. ....................................................................................................... 5 Reports

10.1 .......................................... 5 Recommendations from Advisory Committees

10.1.1 .......................................................... 5

Bunbury Setagaya Sister Cities Committee – Photographic Competition and Exhibition

10.1.2 ................ 7

Bunbury Setagaya Sister Cities Committee – Feasibility Study into Hosting of the National Sister Cities Conference 2015

10.1.3 ........................................................... 9

Art Collection Committee Revised Committee Purpose and Terms of Reference and Guidelines

10.2 ............................................................... 12 Chief Executive Officer Reports

Table of Contents


10.2.1 . 12 Advertisement Appeals Committee Membership – Revocation

10.2.2 ...................................................... 14

International Cities Town Centres & Communities Society Conference – October 2012

10.2.3 ............................................ 16 Clay Target Club Lease Extension

10.2.4 ............ 18 Koombana Bay Archaeological Investigation (Phase 2)

10.3 .............................. 20 Director Community and Customer Services Reports

10.3.1 ..... 20 Changes to the Willcox Brown Perpetual Trophy guidelines

10.3.2 ......................... 22 Hay Park South Regional Multi Sports Pavilion

10.3.3 ................................................................................ 25

Appointment of Community Representatives to Community Access Committee.

10.3.4 ............ 28

Proposed Changes to 2013 City of Bunbury Australia Day Celebrations and Fireworks Spectacular Event Format

10.3.5 ........................................................................................... 34

Adoption of the Draft Disability Access and Inclusion Plan 2012-2017

10.3.6 . 38 City of Bunbury Healthy Clubs Grants Scheme – Winter 2012

10.3.7 40

Community Sport and Recreation Facilities Fund ("CSRFF") Small Grants applications August 2012 round – Bunbury Bowling Club

10.3.8

............................................................................... 44

Community Sport and Recreation Facilities Fund ("CSRFF") Small Grants applications August 2012 round – Bunbury Car Club (Speedway).

10.4 ......................................................... 47 Director Corporate Service Reports

10.4.1

............................................................. 47

Proposed Deed of Surrender – Reserve 28408 Carpark, previously Lot 474 Bussell Highway, now Lot 510 Bussell Highway, South Bunbury – Nedloh Wholesale Pty Ltd as Trustee for the Fagan Investment Trust, Rayjon Nominees Pty Ltd as Trustee for the Raymond Jones Family Trust and Michael James Fagan and Raymond Walter Jones

10.4.2 .......................... 50

Delegation of Authority to Chief Executive Officer for Approval and Assignment of Property Leases and Licences.

10.5 ............................ 52 Director Planning and Development Services Reports

10.5.1

.................................................... 52

Proposal for Greater Bunbury Region Scheme amendment to rezone Lots 301 and 502 Boyanup-Picton Road, Picton East, form Rural Zone to Industrial Zone

10.5.2 ............................................................................................ 59

Public advertising of Draft Back Beach Tourism Precinct Concept Plan

10.5.3

................................................................................. 63

Final Approval - Amendment No.62 – Proposed Rezoning from “Special Use 4 – Pre-Primary School, Church and Hall” to “Residential – R20/30” – LOT 74, DP 23304 (No.35) Winton Street Carey Park

10.5.4 .................................. 66

Change of Use from Multiple Dwellings to Multiple Dwellings/ Unrestricted Residential Accommodation

10.5.5 70

Demolition of 19 Independent Living Units and Construction of 20 New Independent Living Units and a Community Purpose Hall

Table of Contents


10.6 ...................................................... 73 Director Strategic Integration Reports

10.7 ...................................................... 73 Director Works and Services Reports

10.7.1 ..................................................................................... 73

MRWA Support for Dedication of Road – Lot 10 Moorland Avenue Bunbury

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

12. ..................................................................................... 75 Motions on Notice

13. ................................................................................. 75 Questions on Notice

13.1 ........... 75 Response to Previous Questions from Members taken on Notice

13.2 ......................................................................... 75 Questions from Members

14. ..................................................................................................... 75

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

15. .......................................................................... 76 Meeting Closed to Public

15.1 ......................................... 76 Matters for which the Meeting may be Closed

15.1.1 ................................................................................................... 76 Bunbury Setagaya Sister Cities Committee – Incoming Tour Leader

15.1.2 ............................................................ 77

SAT Mediation Section 31 – Atlas Point Pty Ltd and ANOR vs. City of Bunbury (DR 37/2012

15.1.3 ........................................... 78 Lot 41 Columbine Terrace Glen Iris

15.1.4 .................. 79 Proposed 2012-13 Community Funding Allocations

15.1.5 ....................................................... 81 Museum Feasibility Studies

15.1.6 ....................... 96 Amendments to the Sister City Program Budget

15.1.7 ................................ 97 St John of God – Request for Contribution

15.2 ......................... 97 Public Reading of Resolutions that may be made Public

16. ..................................................................................................... 97 Closure

GLOSSARY OF ABBREVIATED TERMS

Term Explanation

1:100 Ratio of 'one in one hundred' AD Acceptable Development ARI Annual Recurrence Interval AHD Australian Height Datum ANEF Australian Noise Exposure Forecast AWARE All West Australians Reducing Emergencies (grant funding) BCA Building Code of Australia BCCI Bunbury Chamber of Commerce & Industries BCRAB Bunbury Community Recreation Association Board BEAC Built Environment Advisory Committee BESAC Bunbury Environment and Sustainability Advisory Committee BHRC Bunbury Harvey Regional Council BPA Bunbury Port Authority BRAG Bunbury Regional Art Galleries BRAMB Bunbury Regional Arts Management Board BREC Bunbury Regional Entertainment Centre BSSC Big Swamp Steering Committee BWEA Bunbury Wellington Economic Alliance CALM Department of Conservation and Land Management CBD Central Business District CCAFF Community Cultural and Arts Facilities Fund CERM Centre of Environmental and Recreation Management CPI Consumer Price Index CSRFF Community Sport and Recreation Facilities Fund DADAAWA Disability in the Arts Disadvantage in the Arts Australia, Western Australia DAP Detailed Area Plan (required by WA Planning Commission) DCU Development Coordinating Unit DEC Department of Environment and Conservation (formerly CALM) DEWCP Department for Environment, Water and Catchment Protection DLI Department of Land Information DoE Department of Environment DOLA Department of Land Administration DoPI Department of Primary Industry DoW Department of Water DPI Department for Planning and Infrastructure DSR Department of Sport and Recreation DUP Dual-use Path ECT Enforcement Computer Technology EDAC Economic Development Advisory Committee EDWA Education Department of Western Australia EIA Environmental Impact Assessment EPA Environmental Protection Authority ERMP Environmental Review and Management Program ESL Emergency Services Levy FESA Fire and Emergency Services Authority FFL Finished Floor Level GBPG Greater Bunbury Progress Group GBRP Greater Bunbury Resource Plan report GBRS Greater Bunbury Region Scheme GL Gigalitres GRV Gross Rental Value GST Goods and Services Tax HCWA Heritage Council of Western Australia ICLEI International Council for Local Environmental Initiatives ICT Information and Communications Technology IP Internet Protocol IT Information Technology ITC In Town Centre ITLC Former In-Town Lunch Centre (now the "In Town Centre") LAP Local Action Plan

GLOSSARY OF ABBREVIATED TERMS

Term Explanation

LCC Leschenault Catchment Council LEMC Bunbury Local Emergency Management Committee LIA Light Industrial Area LN (2000) Liveable Neighbourhoods Policy (2000) LSNA Local Significant Natural Area MHDG Marlston Hill Design Guidelines MRWA Main Roads Western Australia NDMP National Disaster Mitigation Program NEEDAC Noongar Employment & Enterprise Development Aboriginal Corp. NRM Natural Resource Management NRMO Natural Resource Management Officer ODP Outline Development Plan PAW Public Access Way PHCC Peel-Harvey Catchment Council PR Plot Ratio R-IC Residential Inner City (Housing) - special density provisions RDC Residential Design Codes RDG Residential Design Guidelines Residential R15 Town Planning Zone – up to 15 residential dwellings per hectare Residential R20 Town Planning Zone – up to 20 residential dwellings per hectare Residential R40 Town Planning Zone – up to 40 residential dwellings per hectare Residential R60 Town Planning Zone – up to 60 residential dwellings per hectare RFDS Royal Flying Doctor Service RMFFL Recommended Minimum Finished Floor Levels ROS Regional Open Space ROW Right-of-Way RSL Returned Services League SBCC South Bunbury Cricket Club Inc. SCADA Supervisory Control and Data Acquisition SGDC Sportsgrounds Development Committee SW South West SWACC South Western Area Consultative Committee SWAMS South West Aboriginal Medical Service SWBP South West Biodiversity Project SWCC South West Catchments Council SWDC South West Development Commission SWDRP South West Dolphin Research Program SWEL South West Electronic Library SWSC South West Sports Centre TME Thompson McRobert Edgeloe TPS Town Planning Scheme USBA Union Bank of Switzerland Australia VGO Valuer General’s Office VOIP Voice-Over Internet Protocol WALGA Western Australian Local Government Association WAPC Western Australian Planning Commission WAPRES Western Australian Plantation Resources WAWA Water Authority of Western Australia WC Water Corporation WML WML Consultants WRC Waters and Rivers Commission

Draft Council Agenda 21 August 2012

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Agenda 21 August 2012

Note: The recommendations contained in this document are not final and are subject to adoption, amendment (or otherwise) at the meeting. Council Members” His Worship the Mayor, Mr D Smith – Presiding Member Deputy Mayor Councillor Stephen Craddock Councillor Murray Cook Councillor Judy Jones Councillor Brendan Kelly Councillor Alfred Leigh Councillor Neville McNeill Councillor Sam Morris Councillor David Prosser Councillor Ross Slater Councillor Michelle Steck Councillor Karen Steele

1. Declaration of Opening / Announcements of Visitors

2. Disclaimer

NOTE: WHERE A RECORDING OR LIVE STREAMING OF A MEETING IS TO TAKE PLACE, THE PRESIDING MEMBER WILL ADVISE THOSE PRESENT THAT SUCH ACTION WILL BE OCCURRING. 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. From time to time the proceedings of this meeting may also be streamed live via the internet to the public. The minutes of meetings of the Council of the City of Bunbury include from time to time a summary of comments made by and attributed to individuals during discussion or debate on some items considered by the Council. The City advises that comments recorded in the official minutes of the meeting represent the views of the individual making them and should not in any way be interpreted or construed as representing the views of Council. The minutes are a confirmation as to the nature of comments made and provide no endorsement of such comments. Most importantly, the comments included are not purported to be a complete record of all comments made during the course of debate.


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Persons relying on the minutes are expressly advised that the summary of comments provided in those minutes do not reflect and should not be taken to reflect the view of the Council. The City makes no warranty as to the veracity or accuracy of the individual opinions expressed and recorded therein.

3. Announcements from the Presiding Member

4. Attendance 4.1 Apologies 4.2 Approved Leave of Absence

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

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

6.1 Responses to Public Questions Taken ‘On Notice’

Not applicable at this meeting.

6.2 Public Question Time


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7. Confirmation of Previous Minutes and Tabling of Notes of Briefings and other Meetings under Clause 19.1 The following Meetings and Briefings which have taken place since the last Ordinary Council meeting NB: All attachments under sections 7 and 8 of this agenda will be circulated with the Ordinary Council Meeting agenda.

7.1 Minutes

7.1.1 Ordinary Council Meeting Held 24 July 2012

The minutes from the Ordinary Council Meeting held 24 July 2012.

7.1.2 Minutes – Council Advisory Committees - The minutes from the Community Access Committee Meeting held 22

June 2012. - CBD Parking Strategy Project Control Group meeting held 30 May 2012 - Art Collection Management Committee meeting held 9 July 2012 - Art Collection Management Committee meeting held 31 July 2012 - City of Bunbury Museum Advisory Committee meeting held 7 August

2012.

7.2 Briefings

7.2.1 Agenda Briefing Notes - The notes from the Agenda Briefing session held 21 August 2012

7.3 Items to be Noted 7.3.1 Schedule of Accounts Paid

- Schedule of Accounts Paid for the period 1 to 31 July 2012.


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8. Presentations 8.1 Petitions

8.2 Presentations

8.3 Deputations

8.4 Council Delegates’ Reports for Noting

8.4.1 Councillor Murray Cook

- Professionally Speaking Workshop held 4 August 2012.

8.4.2 Councillor Sam Morris - The Annual 2012 WA Local Government Convention held 1 to 4 August 2012.

8.4.3 Councillor Ross Slater - Setagaya Delegation Report, June 2012.

8.5 Conference Delegates’ Reports for Noting


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9. Method of Dealing with Agenda Business

10. Reports 10.1 Recommendations from Advisory Committees 10.1.1 Bunbury Setagaya Sister Cities Committee – Photographic Competition

and Exhibition

File Ref: A05259 Applicant/Proponent: Bunbury Setagaya Sister Cities Committee Author: Jenni Brown Executive Officer Bunbury Setagaya Sister

Cities Committee Executive: Andrew Brien, Chief Executive Officer Attachments: Nil

Summary The Bunbury Setagaya Sister Cities Committee seek endorsement to host their Bi-annual Photographic Competition and Exhibition. Committee Recommendation That Council:

1. Approve that the committee run this bi-annual event;

2. Approve the secondment of Steve Lloyd-Smith, of Lloyd Smith Photographics to the Photographic Sub Committee to assist with the organising of the competition and event;

3. Approve the approach to South West Japanese Companies for sponsorship of the prize money, including Simcoa Operations and Doral;

4. Approve the approach to the Bunbury Mail in combining their Photographic Competition is the Bunbury Setagaya Sister Cities Photographic Competition;

5. Approve the secondment of a representative from the Bunbury Mail to the Photographic Sub Committee if they become partners with this event.

Background The Bunbury Setagaya Sister Cities Committee have hosted this event biannually since its inception in 1995. Every second year, Bunbury sends 30 of its best amateur photographs to be displayed in Setagaya and the City of Bunbury receive 30 of Setagaya’s best. Over the past 17 years the Bunbury Setagaya Sister Cities Committee have approached various companies to assist with sponsorship of the event, mainly for prize money.


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Steve Lloyd-Smith has assisted the committee with his expert advice and guidance for the last four (4) competitions. This has assisted in raising the profile of our competition amongst the camera club members. The committee has recognised that to enhance this competition, some changes are required. Changes would include hosting “Photographic Workshops” for amateur photographers and the possibility of additional categories. Consideration has also been given regarding how to make this event more prestigious. The Bunbury Mail run a photographic competition around the same time every year and the committee believes that combining the two (2) would be a win-win situation for both parties. A verbal discussion has been held with a representative of the Bunbury Mail with the objective of us combining the competition. This was met with enthusiasm however; nothing formal has been given or received. We would now like to pursue this possibility in a formal agreement, ensuring that our competition, the City of Bunbury and the Bunbury Setagaya Sister Cities Committee reputation are not compromised and we are working within the Local Government Law. Officer Comments Fully support working with the Bunbury Mail, this will assist in adding an element to the competition, which we have never had in the past, and will assist in raising the profile. Analysis of Financial and Budget Implications Wages: $ 8,000 (minimum) Costs/Expenses: $10,000 (with no sponsorship received) Included in the Confidential Agenda item titled Amendments to the Sister City Program Budget tabled at this meeting. Economic, Social, Environmental and Heritage Issues Economic In the past, the sections have been open to all residents of Australia, which has seen entries being received from Australia wide. Finalists are then invited to the Awards Ceremony. With the hosting of Photographic Workshops, we anticipate participants from the South West region to take part and take photographs of the City of Bunbury. Social Holding the Competition and workshops encourages participants to belong and commit to a passion and/or hobby.


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10.1.2 Bunbury Setagaya Sister Cities Committee – Feasibility Study into Hosting

of the National Sister Cities Conference 2015

File Ref: A05259 Applicant/Proponent: Internal Report Author: Jenni Brown, Executive Officer Bunbury Setagaya

Sister Cities Committee Executive: Andrew Brien, Chief Executive Officer Attachments: Nil

Summary The Bunbury Setagaya Sister Cites Committee have registered their initial interest in hosting either the 2015 or 2016 National Sister Cites Conference and are currently working on a feasibility study to be presented to council. As part of study, the committee would like to send up to four (4) people to attend the Sister Cities conference being held in Devonport, Tasmania including the CEO and the Sister Cities Executive Officer. Committee Recommendation Council endorse the development of a feasibility study to host either the 2015 or 2016 National Sister Cities Conference, including allocating an additional $9,340 to send up to four (4) participants to attend the National Sister Cities Conference in Devonport Tasmania. Background In 2001, the Bunbury Setagaya Sister Cities Committee and the Busselton Sugito Sister Cities Committee, with the endorsement of the relevant Shires, co-hosted the National Sister Cities Conference. Since then, the conference has not been hosted in Western Australia. The Bunbury Setagaya Sister Cities Committee has approached the Busselton Sugito Sister Cities Association requesting their support in a feasibility study. Unfortunately Busselton have advised that they are unable to assist. As part of the feasibility study, the Committee feels attending the conference would give them a better indication as to the requirements of hosting the event and to secure the conference in either 2015 or 2016. The Executive Officer of the Bunbury Setagaya Sister Cities Committee has discussed the possibility of hosting the National Sister Cities Conference with the Conference Facilitator of 2001 and past Sister City Committee Members, and has received a very positive response. In principal support for the City of Bunbury to host this event has been received from Bunbury Regional Entertainment Centre, Australian Japan Society of Western Australia, Vice-President of Sister Cities Australia Jan Teasdale, Busselton Sugito Sister Cities Committee, Shire of Broome (Sister City Taiji Japan) and City of Fremantle (five (5) Sister City Relationships – Yokosuka,


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Kanagawa Japan, Capo d’Orlando - Italy, Molfetta - Italy, Funchal – Portugal and Seberang Perai – Malaysia). Officer Comments Hosting the National Sister Cities Conference would be a fantastic opportunity to show case our City and the new Bunbury Regional Entertainment Centre. With approximately 300 people are attending the Devonport Conference, we can expect these numbers attending being representative of the numbers we believe that will attend. The Bunbury Setagaya Sister Cities Committee are dedicated and committed to this project. The committee believes that four people should attend the conference as this would have maximum impact. For our bid to be successful, the City of Bunbury needs to be seen and known. This is a net working and relationship building opportunity that this necessary for the completion of the feasibility study. Analysis of Financial and Budget Implications Costs:- Conference $ 800 each Accommodation $ 600 per person for 4 nights Flights $ 935 each Total per person $2,335 Four people attending $9,340 This has not been allocated within the City of Bunbury budget. Should Council allocate this additional amount of money, it will need to be reflected in the next budget review.


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10.1.3 Art Collection Committee Revised Committee Purpose and Terms of

Reference and Guidelines

File Ref: A00168-10 Applicant/Proponent: Internal Report Authors: Margy Timmermans, Team Leader Art and Culture

Caroline Lunel, Art Registrar/Curator Executive: Stephanie Addison-Brown Director Community and

Customer Services Attachments: Appendix DCCS-9

Summary The Council at its meeting in April 2012 resolved to retain the Art Collection Committee as a Committee of Council. One of the recommendations in that resolution included a review of the Committee’s current terms of reference and a report back to Council by June 2012 detailing any recommended changes. Discussions with various Elected Members and Committee members ensued and it was agreed to amend the current terms of reference to be more reflective of the Committee’s function. At the Art Collection Committee meeting held on Tuesday 31 July 2012 a new Purpose and Terms of Reference were discussed and recommendations relating to these were carried unanimously. Committee Recommendation 1. That Council adopt the revised Purpose, Terms of Reference and

Guidelines for the Art Collection Committee as per the Committee’s recommendation.

2. That Council endorse the retention of the existing membership and voting delegates.

3. That delegation of authority number 1.10 “City of Bunbury Art Collection – Disposal of Artworks” be amended to read “Pursuant to the provisions of Section 5.42 of the Local Government Act 1995, the Chief Executive Officer is delegated the authority to purchase and dispose of artworks up to the value of the Annual Budgetary Line item allocation (purchases), or $5,000.00 per item (disposals) respectively in joint consultation with the City of Bunbury Art Registrar/Curator and Bunbury Art Collection Committee”.

NOTE: An absolute majority vote will be required at the Council Meeting on point 2 of this recommendation. Background The current Purpose and Terms of Reference for the Art Collection Committee were considered outdated and were reviewed by the Committee at three (3) meetings held on 2, 9 and 31 July 2012.


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At the 31 July meeting the Art Collection Committee moved and carried two (2) motions which relate to Delegation of Authority and revised Purpose and Terms of Reference. The details of these motions form the basis for the recommendation. Art Collection Committee Recommendation The proposed new Purpose and Terms of Reference as agreed by the existing Committee are as follows: “Purpose

The purpose of the Committee is to provide advice relating to the protection, acquisition, conservation, promotion and exhibitions from the City of Bunbury Art Collection for the people of the City of Bunbury. Terms of Reference

- Encourage the loan of works for exhibition, exchange exhibitions with other galleries and approved venues,

- Encourage both private and corporate citizens to make bequests to the Collection,

- Encourage both private and corporate citizens to sponsor art prizes and art residencies and to purchase works to add to the Collection in accordance with the acquisition policy and

- Maximise opportunities for the Bunbury community to attend the Art Collection exhibitions and activities.

- Function within the scope of the Art Collection Committee guidelines.” The agreed Art Collection Committee Guidelines are attached at Appendix DCCS-9. Council Policy Compliance There is no existing Council Policy relevant to this item. Legislative Compliance Section 5.8 of the Local Government Act 1995 relates to the formation of committees. Section 5.42 of the Local Government Act 1995 relates to delegation of authority. Officer Comments The new focus and format of the Art Collection Committee has been proposed to ensure that the Committee can add strategic value to the future direction in the management of the City’s Art Collection. Analysis of Financial and Budget Implications The Art Collection Committee will provide strategic planning information to the Bunbury City Council each year by March to enable consideration of budgetary requests in the annual budget process.


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Community Consultation Not applicable. Councillor/Officer Consultation The Art Collection Committee was consulted at three (3) meetings in July 2012 on these proposed changes and made recommendations at their meeting on 31 July 2012 which is supported in the Executive Recommendation. Councillors have previously been made aware of the proposed review of the Purpose, Terms of Reference and Guidelines for this Committee. Delegation of Authority This item seeks to amend current delegation of authority number 1.10 to the Chief Executive Officer, to enable the acquisition of artworks in consultation with the Art Registrar/Curator and the Art Collection Committee. The current delegation reads as follows: Delegation 1.10 – City of Bunbury Art Collection – Disposal of Artworks

“Pursuant to section 5.42 of the Local Government Act 1995 the Chief Executive Officer is delegated authority to dispose of artworks up to the value of $5,000.00 per item but only after consultation with the City Of Bunbury Art Collection Committee and its approval” The proposed amendment is worded as follows: Delegation 1.10 – City of Bunbury Art Collection – Disposal and Acquisition of Artworks.

“Pursuant to the provisions of Section 5.42 of the Local Government Act 1995, the Chief Executive Officer is delegated the authority to purchase and dispose of artworks up to the value of the Annual Budgetary Line item allocation (purchases), or $5,000.00 per item (disposals) respectively in joint consultation with the City of Bunbury Art Registrar/Curator and Bunbury Art Collection Committee”


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10.2 Chief Executive Officer Reports 10.2.1 Advertisement Appeals Committee Membership – Revocation

File Ref: A04597 Applicant/Proponent: Internal Author: Greg Golinski, Manager Corporate Performance Executive: Andrew Brien, Chief Executive Officer Attachments: Nil

Summary The purpose of this report is for Council to consider revoking part of a resolution made in July 2012, which conflicts with a motion passed in January 2012. The resolution relates to the membership of the Advertisement Appeals Committee. Executive Recommendation That Council:

1. In accordance with Regulation 10 of the Local Government (Administration) Regulations 1996, revoke Part 1.1 of Council Decision 217/12 made on 24 July 2012.

2. Notes that the reason for the revocation is incongruence with Council Decision 16/12 made in January 2012.

Note an Absolute Majority is required as Decision 217/12 was made via an Absolute Majority. Background At the Ordinary Council Meeting held on 31 January 2012, Council adopted an Advertisements Appeals Policy to facilitate the operations of the Advertisements Appeals Committee. The adopted policy references that “all Councillors will be members of the Advertisements Appeals Committee”. At the Ordinary Council Meeting held on 24 July, Council appointed a number of Councillors to its Advisory Committees, one of which was the Advertisement Appeals Committee. In this instance, two (2) Councillors were appointed as Members – note Part 1.1 of Council Decision 217/12 below: 1. That Council increase or decrease the number of Council representatives

(with voting rights) accordingly by appointing the following Councillors to the Council Advisory Committees as listed: 1.1 Advertisements Appeals Committee

1. Cr Steele 2. Cr Kelly


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Council Policy Compliance Council Policy CEO-3 Advertisement Appeals Policy facilitates the operation of the Advertisements Appeals Committee. Legislative Compliance Regulation 10 of the Local Government (Administration) Regulations 1996 deals with revoking or changing decisions of Council. Officer Comments The appointment of two (2) Councillors to the Advertisement Appeals Committee on 24 July 2012 was an administrative oversight, which should have seen this Committee excluded from Council Decision 217/12 as a result of the earlier appointment in January 2012 of all Councillors as members. The oversight was a result of the membership of the Committee being defined within the adopted policy, rather than specifically by Council resolution, which would ordinarily be the case. As a result, this report seeks to revoke Part 1.1 of Council Decision 217/12, which will see the appointment of Councillors Steele and Kelly to the Advertisement Appeals Committee rescinded, in lieu of the fact that all Councillors are already members. Analysis of Financial and Budget Implications There are no financial or budgetary implications arising from the recommendations of this report. Community Consultation Not applicable Councillor/Officer Consultation Not applicable


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10.2.2 International Cities Town Centres & Communities Society Conference –

October 2012

File Ref: A00220 Applicant/Proponent: Internal Report Author: Jack Dyson – Team Leader Corporate Administration Executive: Andrew Brien – Chief Executive Officer Attachments:

Summary Councillors recently received information from the International Cities, Town Centres and Communities Society advising of their 13th Conference entitled “Cities in Transition”, which is to be held in Surfers Paradise, on the Gold Coast, Queensland from 16 to 19 October 2012. In accordance with current Council Policy CEO 1, Councillor Steele has expressed an interest in attending this Conference as a follow up to her previous attendances in 2010 and 2011. Executive Recommendation Council approve the attendance of Councillor Steele and Councillor ________________ at the 2012 International Cities Town Centres and Communities Society (ICTC) conference which is being conducted on the Gold Coast in Queensland from 16th to 19th October 2012 and endorse the attendance of the Chief Executive Officer. Background Over recent years Council has taken a keen interest in the activities and conferences offered by the ICTC and Bunbury actually hosted the event at the Bunbury Regional Entertainment Centre in May 2005. In 2010, both Councillors Craddock and Steele attended the 11th conference, which was held in Coffs Harbour, New South Wales. Last years conference was hosted by the City of Hobart in Tasmania and both Councillors Steele and Steck attended. Sessions available at the 2012 conference which is entitled “Cities in Transition” include such matters as, Urban Revitalisation, Community Engagement, Championing Urban Design, Building a more Robust Community, Infrastructure Planning and Development, Housing Affordability, Creative and Cultural Cities and Climate and Responsive Cities, just to name a few.

Presenters at the Conference include specialists from within Australia and New Zealand as well as keynote speakers from America and Great Britain.

Council Policy Compliance Council Policy CEO1 – Conferences, Seminars, Training and Induction Courses – Attendance by Elected Members.


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Council Policy CPS13 – Reimbursement of Accommodation and Associated Expenses. Legislative Compliance There is no specific legislation associated with this item other than Council policy referred to above. Officer Comments Councillor Steele’s interest in the long-term future sustainability of the City fuels her desire to continue attendance at this annual conference. It facilitates the gathering of knowledge and appreciation of some of the issues others have had to contend with as well as identify potential future projects and issues that may be necessary of consideration for the long-term viability of Bunbury. Information and ideas sourced from attendance at a conference of this nature can only assist in the decision making process’ that Council will need to consider in regard to the future long term planning for Bunbury. The benefits to Council from attendance at the conference by Councillor Steele and one (1) other Councillor (if so decided) will be the knowledge and information in papers being made available which can be shared with Council on return of the attendee/s. It should be noted, that time permitting, the Chief Executive Officer may also attend the conference and visit the art gallery in order to gather relevant data and information. Analysis of Financial and Budget Implications Conference registrations, flights, accommodation and attendance costs are able to be met from within the existing Councillor Conference Expenses currently identified in the 2012/2013 budget. The total estimated cost for attendance by one delegate is approximately $3,200.00, which includes conference registrations, accommodation, travel and meals. Community Consultation There is no requirement for community consultation on this matter. Councillor/Officer Consultation It is understood Councillors have already received advice of this conference. This report serves to advise members of Councillor Steele’s desire to attend.


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10.2.3 Clay Target Club Lease Extension

File Ref: A04597 Applicant/Proponent: Internal Report Author: Andrew Brien, Chief Executive Officer Executive: Andrew Brien, Chief Executive Officer Attachments: Nil

Summary The Bunbury Clay Target Club has made a request to continue to use the site adjacent to the airport pending the finalisation of the site for the South West Ballistics Centre. Executive Recommendation 1. That Council revoke Part 2 of resolution 48/12 “Council immediately

advise the Clay Target Gun Club that the lease will not be renewed or negotiated when it expires on 30 June 2012.”

2. That Council authorise the CEO to negotiate a further extension of the use of the site subject to the following: a. The Clay Target Club working with Council to progress the

development of a decontamination report and process for the site; b. The Clay Target Club agree to remove the pine trees within one (1)

month of being provided formal notification; c. The Clay target Club agreeing to vacate the site, including removal

of their property within one month of being provided formal notification; and

d. Other such conditions deemed necessary to ensure that Council development plans for the area are not compromised or delayed.

Background A copy of the Department of Sport and Recreation “South West Ballistics Complex – Draft August 2010” report has now been received, outlining the projected timelines, actions and outcomes. The City’s Executive supported the projected timelines, actions and outcomes contained within the report and it was proposed that the lease for the Bunbury Clay Target Club over a portion of Reserve 670 (adjacent to Bunbury Airport) be renewed for a further term commencing 1 December 2010 and expiring on 30 June 2012. The Club has since requested a further extension for use of the site until the Council is ready to commence works. In return, the Club will continue to work with Council staff to reduce the costs associated with the decontamination of the site. Discussions with Club members have indicated that there is a potential for savings for Council through different approaches to the work and this is currently being investigated.


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Officer Comments Council staff have reviewed the proposal and are supportive of the recommendation subject to the appropriate conditions. As there is a requirement to undertake a significant amount of planning work in the first instance, the request can be accommodated. Analysis of Financial and Budget Implications PR-1369 has an allocation of $100,000 for the purposes of a decontamination report and the undertaking of works, and there may be opportunities to reduce this through a cooperative approach with the Club.


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10.2.4 Koombana Bay Archaeological Investigation (Phase 2)

File Ref: SF/547 Applicant/Proponent: Internal Report Author: Michael Stewart, Senior Projects Officer Executive: Andrew Brien, Chief Executive Officer Attachments: Nil

Summary In November 2011 the City of Bunbury, in partnership with the WA Museum, conducted a test excavation of specific areas contained within the Lots 881, 882 and 883 Koombana Drive and uncovered at least two sites of archaeological significance. The WA Museum has advised that further investigation of these lots is required to delineate any culturally significant artefacts and determine the development potential of the sites. It is estimated that this investigation will cost $50,000. Executive Recommendation That Council will approve the transfer of $50,000 from the College Grove Joint Venture reserve into PR-2071 Investigate Development Options for Lots 881, 882 and 883 Koombana Drive. Background Lots 881, 882 and 883 Koombana Drive forms part of a compensation package granted to the City of Bunbury by the State Government, resulting from the decision to prevent planned development at College Grove. Land along the Koombana Bay foreshore (including Lots 881, 882 and 883) contains the remains of at least twelve shipwrecks that are protected as maritime archaeological sites under the Western Australian Maritime Archaeology Act 1973. Since March 2009 City of Bunbury and WA Museum staff have been in discussion regarding the future development of Lots 881 and 882; the protection of all pre-1900 shipwreck sites buried in reclaimed land at Koombana Bay as being vested in the WA Museum under the Maritime Archaeology Act 1973; and long-term site management and conservation issues. In a meeting held on 20 May 2010 between the City of Bunbury Mayor, Councillors and staff and WA Museum staff, it was resolved that archaeological test excavations of specific areas on Lots 881 and 882 were required to identify the nature of the features. In November 2011 the test excavations took place and uncovered culturally significant archaeological artefacts.


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WA Museum has since advised that the lots in their entirety need to be investigated in order to determine the nature and location of all artefacts contained within. The nature of this investigation will be ‘Close Plot Water Probing’ every five square metres. Any materials uncovered will be recorded with their GPS coordinates noted. This process will lead to a delineation of any culturally significant areas located on the lots. It is possible that WA Museum may in the future seek to excavate and conserve any significant artefacts that are identified during the course of the investigation. It is estimated that the Close Plot Water Probing investigation, recording, and subsequent reporting of the findings by WA Museum will cost $50,000. Due to the links with the compensation package, RDL have agreed that funds from the College Grove Joint Venture reserve can be utilised to undertake this investigation as it forms part of the compensation package for College Grove. Officer Comments No development can occur on Lots 881, 882 and 883 until WA Museum has determined the locations and significance on any artefacts contained within the sites. The WA Museum is not required to investigate the sites however, any future development will require their approval. It is therefore left to the City of Bunbury to coordinate and fund the investigation to determine what restrictions will apply to future development of the lots. Analysis of Financial and Budget Implications It is estimated the investigation will cost $50,000 which will be funded using funds contained in the College Grove Joint Venture account.


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10.3 Director Community and Customer Services Reports 10.3.1 Changes to the Willcox Brown Perpetual Trophy guidelines

File Ref: A05582 Applicant/Proponent: Internal Author: Caris Gibson, Team Leader Community Development Executive: Stephanie Addison-Brown, Director Community &

Customer Services Attachments:

Summary A request has been received from former Councillor Janice Mason to inform Council of a change in the nomination criteria of the Willcox Brown Perpetual Trophy. Executive Recommendation That Council;

1. Notes the changes to the Willcox Brown Perpetual Trophy nomination criteria and guidelines.

2. Nominates a current City of Bunbury Councillor to represent Council on the selection panel for the Willcox Brown Perpetual Trophy.

3. Continues to supplement the recipient of the Willcox Brown Perpetual Trophy with an annual $1500 cash award.

Background In 2002, a member of the community approached Councillor Janice Mason and expressed a desire to donate a silver salver to the City of Bunbury to be used as an award to recognise the achievements of not for profit community organisations. Discussions with City of Bunbury staff members saw an outline developed for an annual community award based on this donation. The silver salver was the focus of the new annual award. In keeping with the request of the donor, it is known as the Willcox Brown Perpetual Trophy. It was proposed that this award be closely identified with Councillors and as such the Mayor and all Councillors were asked to nominate volunteer based community organisations for consideration as recipients of the award. In previous years nominations were only accepted from Councillors but it is proposed to extend this to enable the whole of the community to nominate an organisation. With the vast and expanding range of community organisations in the City of Bunbury it is envisaged that opening it up to both Councillors and the community to nominate will allow for greater inclusion and ownership of the prestigious award. It is intended that the award:


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- Recognises the contribution volunteer, not-for-profit organisations make to community life.

- Enhances community spirit and pride. Council Policy Compliance No current Council policy applicable. Legislative Compliance Not Applicable Officer Comments A panel comprising two City of Bunbury nominees (1x staff, 1x Councillor), a representative from Volunteer South West Inc., the donor and her nominated representative/s will select the winning organisation. The donor will have a casting vote. As has been the case since 2002, presentation of the award will be incorporated into the annual Mayor’s Garden Party. It is anticipated that either the Chair of the selection panel or the Mayor will make the presentation. As it is a perpetual trophy the previous recipient organisation will be invited to the event and acknowledged verbally at the presentation. The eligibility criteria is as follows- - This award is open only to not for profit community based service

organisations. This is not an award for individuals. - Service clubs, sporting organisations, and not for profit environmental

organisations are eligible. - Only groups that operate with an annual budget of under $ 100,000* are

eligible to be considered for the award. - Groups need to have been operating for at least three years. - Special initiatives, milestones and significant achievements will all be

taken into account. - There is no need for nominated organisations to be incorporated.

* This amount to be reviewed every two years. Analysis of Financial and Budget Implications $1,500 has been allocated in Council’s 2012-13 Budget for the cash award of the Willcox Brown Perpetual Trophy. Community Consultation There has been no community consultation in relation to the nomination criteria amendments. Councillor/Officer Consultation This agenda item serves to draw this matter to the agenda of the Council and to request Council to nominate one Councillor to sit on the assessment panel.


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10.3.2 Hay Park South Regional Multi Sports Pavilion

File Ref: A03885 Applicant/Proponent: Department of Sport and Recreation Author: Jason Gick, Manager Engineering Executive: Stephanie Addison-Brown, Director CCS Attachments: Nil

Summary This report provides the Council with a project framework for the Hay Park South Regional Multi Sports Pavilion. The recommendation is designed to ‘lock in’ the project scope to ensure the design brief and construction contract are aligned with the funding providers objectives and the Councils obligations. Executive Recommendation That the Council adopt the following project scope for the design brief for the Hay Park South Regional Multi Sports Pavilion:

“Design a Regional Sports Pavilion to accommodate regional representative soccer, rugby and other sports in accordance with the requirements of: - Football West; - Western Australian Rugby League Association; - Project Description defined in the Royalties for Regions Regional

Development Council grant application; and - Department of Sport and Recreation funding agreement.” Background The Council has identified the development of a Multi Sports Pavilion at Hay Park South as a high priority in addressing the Royalties for Regions Action Agenda. Council Decision 147/11 applies:

Council’s Decision 147/11

1. Council approves the Royalties for Regions ‘Action Agenda’ application from the City of Bunbury for the Hay Park South Multi Sports Pavilion.

2. Council ranks the Hay Park South Multi Sports Pavilion application as Priority 1.

3. Council’s contribution to the project be $1,300,000

4. Council applies to CSRFF for the remaining $361,000 election commitment for improvements to Soccer facilities.

Council Policy Compliance The procurement of design services and separate construction services will need to comply with the Council procurement policies.


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Legislative Compliance The procurement of design services and separate construction services will need to comply with the Local Government Act (Financial Management) Regulations 1996. The project will also be subject to planning and building regulations. The project will need to be delivered consistent with a variety of utility providers’ regulations and guidelines. Officer Comments This report is designed to establish a project mandate by ‘locking in’ the project scope. The project is likely to attract significant community and sporting group interest and needs to be protected against special interest group influences and scope creep. Locking in the project scope in accordance with this recommendation ensures that the project objectives and outcomes are clearly defined and minimise the risk of external influence over the project during the design and delivery phases. Subordinate to the project scope will be the detailed design objectives of the building, the site, utility providers, security provisions, traffic and pedestrian access, disabled access, flood lighting, landscaping and so on. The project thus far has been based on a concept design similar to pavilions built by the City of Rockingham at Lark Hill Sports Complex. The design scope of works does not preclude consideration of alternative designs as long as they meet the requirements of the recommended design brief. Post construction management of the facility will be subject to a management plan that accommodates multiple users meeting the obligations of the grant providers. This will be subject to a separate report to Council. Analysis of Financial and Budget Implications The project budget is structured as follows:

City of Bunbury 1,300,000Election Commitment – DSR 361,000Royalties for Regions 2,883,657Total Project Income 4,544,657

Community Consultation The City of Bunbury has undertaken two studies assessing current and future sport and recreation facilities and both have identified the need for multi sports pavilions at Hay Park.

- 2006 Recreation Plan - 2009 Hay Park Feasibility study In 2011 the City of Bunbury consulted with 65 clubs as part of the Sports Facilities Implementation Plan, the need for new multi purpose buildings was requested due to the age and inadequacy of existing buildings.


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This position has been reinforced more recently with letters of support from various clubs and sporting bodies. Most recently the City consulted with Football West and the Western Australian Rugby Union Association to confirm its requirements to ensure the facility could accommodate State level competition for soccer and rugby at this facility. The City has recently discussed this project with the Department for Sport and Recreation and will be in regular communication with it for ongoing aspects of the funding agreement. Councillor/Officer Consultation This project involves Customer and Community Services, Works and Services and Corporate Services. Staff have met a number of times to ensure the scope is clearly understood, the responsibility for design and delivery are clearly defined and the project budget is controlled. Staff recently met with the City of Rockingham to inspect the Lark Hill Sports Pavilions.


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10.3.3 Appointment of Community Representatives to Community Access

Committee.

File Ref: A05577 Applicant/Proponent: Internal Report Author: Caris Gibson, Team Leader Community

Development Executive: Stephanie Addison Brown, Director Community

and Customer Services Attachments: Nil

Summary This report presents thirteen (13) nominations to serve on the Community Access Committee for a set term until October 2013. Nine (9) of these nominations are recommended for appointment. Executive Recommendation

That Council;

1. Increases the number of community representatives on the Community Access Committee from seven (7) to nine (9).

2. Appoints the following Community Representatives to the Community Access Committee: - Margaret Holden (Short on Sight Group) - Adam Johnson (Enable South West) - Caralyn Parris (Accord West) - Tracey Slattery (Disability Services Commission) - Thomas Blair - Rhonda Alman - Andrew McClean - Jethro Hepton - Susan Wood

3. Advises the four (4) unsuccessful nominees that although it is unable to accept all nominations to serve on the Community Access Committee as voting members, Council invites their attendance at Committee meetings.

Note: An Absolute Majority vote is required. Background Council resolved to retain the Community Access Committee as a Committee of Council at its meeting in April 2012. In July 2012, a report was presented to Council to revise the Terms of Reference of this Committee. One of the recommendations in that report included the request to appoint new community members via an election as soon as possible. Nominations were sought via advertisement on the South West Agency Partnership Network (SWAP), and thirteen (13) nominations were received for the seven (7) vacancies. Officers met with Councillor Kelly and (former) Councillor Bridges to review the thirteen (13) nominations received. When short listing the nominees, priority was


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given to maintaining a good balance of agencies and community representation as well as identifying experiences, knowledge and the commitment each nominee could bring to the group. The purpose of the Community Access Committee pursuant to its terms of reference is “to guide the Bunbury City Council towards attaining best practice on matters of access”. Director Works and Services, Phil Harris and Team Leader Community Development, Caris Gibson, are also members of this Committee but do not have voting rights. Council has appointed Councillor Kelly and Councillor Cook as its elected representatives on the Community Access Committee. Committee membership expires in October 2013. Council Policy Compliance There is no specific Council Policy relative to this item. The Terms of Reference for the Committee provides up to seven (7) community representatives with voting rights. A recommendation is presented to increase this from seven (7) to nine (9) to enable a broad range of skills and wide community representation. Legislative Compliance Section 5.10 of the Local Government Act (1995) refers to the Appointment of Committee members. Appointment of Committee members requires an Absolute Majority decision by Council. Officer Comments Thirteen (13) nominations have been received for membership of the Community Access Committee. Due to the variety of suitable nominations received, the assessment panel felt that it would be of benefit to increase the number of community representatives on this Committee from seven (7) to nine (9). Aside from the variety and experience that disability agency representation offers, two (2) of the applicants use wheel chairs as their primary means of mobility; one (1) has vision impairment and uses a guide dog for mobility; and has an intellectual disability. The final community representative has an extensive history of involvement in the industry and has recently retired, allowing strong commitment and has the ability to attend day time meetings. Analysis of Financial and Budget Implications There are no budget implications as a result of this proposal. Community Consultation All applicants responded to email advertisements to nominate for a position on the Committee.


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Councillor/Officer Consultation This item brings the matter to Council’s attention. The Councillor representatives mentioned above are aware of the proposal.


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10.3.4 Proposed Changes to 2013 City of Bunbury Australia Day Celebrations

and Fireworks Spectacular Event Format

File Ref: A05434 Applicant/Proponent: Internal Report Author: Nardine Walford-Jones, Events Officer Executive: Stephanie Addison-Brown, Director Community and

Customer Services Attachments: Appendix DCCS-1, DCCS-2, DCCS-3, DCCS-4, DCCS-5

Summary The purpose of this report is to provide Council with a proposed new format for the 2013 City of Bunbury Australia Day Celebrations and Fireworks Spectacular event program. Executive Recommendation 1. That Council endorse the proposed changes to the 2013 City of Bunbury

Australia Day Celebrations and Fireworks Spectacular event as follows:

a) Office of the Mayor to take over coordination of the Australia Day Ambassador (including appearances at the Silver Chain Fundraising Breakfast, Citizen of the Year Ceremony, Citizenship Ceremony and Australia Day family concert [optional]).

b) Events team to continue to assist the Silver Chain Breakfast Coordinator to deliver the fundraising breakfast at Bicentennial Square – a casual staff member to be appointed to attend a pre-event briefing and provide assistance on the day.

c) A scaled-down Australia Day Youth Zone to take place at Queen’s Gardens from 4pm

d) Main event activity times coordinated by the Events team to change as follows: - Road closures from 2pm (was 5.30am) - Market stalls and sideshow to commence at 3pm (was 1pm)

with bump-in from 12 noon - Family concert at 5pm (no change) with bump-in from 11am - Fireworks at 8.30am (no change) - Event bump-out 9pm – 12midnight

2. That the Events Officer be granted permission to develop the event program and to engage infrastructure suppliers and entertainers without delay.

Background There have been a number of proposed changes to the format of the 2013 City of Bunbury Australia Day Celebrations and Fireworks Spectacular event from Councillors, the City Promotions Committee, City of Bunbury staff, local Police, the Bunbury Alcohol Accord, event stallholders, event suppliers and members of the local community.


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With limited financial and human resources available to initiate many of these changes, the Events Officer has met with both internal and external stakeholders in order to determine the best possible outcome for the 2013 event. In summary, the proposed changes (and responses) are as follows:

1. City Promotions Committee recommendation to extend the event conclusion time to 10pm; and

2. General requests for more activities in more locations at the Australia Day

event

On Wednesday 13 February 2012 the City Promotions Committee agreed to put forward a motion to Council that Council (the Events Officer) works with the local Police to negotiate a later closing time (10pm) for the 2013 City of Bunbury Australia Day Celebrations and Fireworks Spectacular event.

The Events Officer has since met with key members of the Bunbury Police Force on Wednesday 1 August and the Bunbury Alcohol Accord on Tuesday 7 August and both have lodged their objections to the proposed later closing time of 10pm.

Refer to attached (Appendix DCCS-1 and DCCS-2) letters from the Superintendent of the South West Police District and the Bunbury Alcohol Accord.

The Bunbury Police believe that, as the 2013 Australia Day event will take place on a Saturday, there will be increased Policing issues with regards to a larger number of visitors to Bunbury and therefore a larger volume of intoxicated and/or uncontrolled event patrons. It has been advised therefore that for the safety of the community, which includes not only event patrons but also Event staff, suppliers, market stallholders, Police, Security and Rangers, an event closing time of 10pm has been declined. An event closing time of 9pm is the preferred option.

Furthermore, the Police have requested that the City of Bunbury Events team coordinates the placement of additional lighting towers in strategic locations to try and prevent the inappropriate congregation of event patrons (i.e. behind the Bunbury Regional Entertainment Centre and behind the Bus Depot at Bicentennial Square).

Additionally, it should be noted that the Events team of three (3) staff is already working to capacity on Australia Day, given Occupational Health and Safety regulations that limit the number of hours each staff member can work to 12 hours.

For the past two years the Events team has sought casual staff assistance on the morning of the event; however it is extremely difficult to get a commitment from other City of Bunbury staff because few people want to work on a public holiday. It is not feasible to appoint a new casual staff member or contractor for this purpose.

With both of the above considerations in mind, it is proposed that the focus of the event be shifted to late afternoon and early evening.

Given the heat typically experienced on Australia Day this also makes sense because we have found that the majority of event patrons do not start arriving at the event until late afternoon.


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Feedback obtained from market stallholders at the 2012 Australia Day event also indicates that the majority would prefer to operate from later in the afternoon.

Refer to attached (Appendix DCCS-3) excerpts from market stallholder feedback forms.

Correspondence obtained from the Silver Chain Australia Day Fundraising Breakfast Coordinator and the Race Director of the Australia Day Fun Run confirms neither group has a requirement for the roads to be closed in the morning to facilitate their events.

Refer to attached (Appendix DCCS-4 and DCCS-5) emails from the Silver Chain Australia Day Fundraising Breakfast Coordinator and the Race Director of the Australia Day Fun Run).

The proposed event activities are now: Road closures 2pm – 10pm was 5.30am – 10pm Market stalls and sideshow 3pm – 9pm was 1pm – 9pm Family concert 5pm – 9pm no change Fireworks display 8.30pm – 9pm no change

3. Australia Day Youth Zone

There have been significant changes in within the Community Development team in the past few months. At the present time (and for the foreseeable future) there may be insufficient resources to run an Australia Day Youth Zone in the same format as it has been run for the past two years.

There are also approved plans to expand the existing Cobblestone Drive car park, which will significantly reduce the available space to deliver Youth Zone Activities.

It is proposed therefore to deliver a scaled-back Youth Zone including rides/activities and a Skate Park competition/display in 2013 in order to keep a youth presence in the Queen’s Garden area.

In 2013-14 when there are new resources available in the Community Development team; when there is a clear strategic direction; and when the available space can be more readily assessed, it is envisaged the Australia Day Youth Zone will be resurrected.

4. Australia Day Ambassador Program

For the past five years the City of Bunbury Events team has coordinated the visit of an Australia Day Ambassador which involves several weeks of pre-event coordination, briefings, sponsor/signage liaison and the booking (and cost) of accommodation.

The Ambassador traditionally undertakes the following activities on Australia Day in Bunbury: - Assists the Silver Chain Fundraising Breakfast committee by turning

sausages on BBQ’s - Presents a speech at the Mayor’s Citizen of the Year Ceremony - Presents a speech and attends the luncheon at the Mayor’s

Citizenship Ceremony - Is presented with the Australia Day Ambassador Pin at the Family

Concert (no speech required)


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The Events team does not have the capacity to coordinate this activity and in recent years the Economic and Social Development Admin Trainee has stepped in to assist. This position no longer exists within the Community and Customer Services Directorate.

The Mayor has indicated he is keen for the City of Bunbury to continue to host an Ambassador and therefore it is proposed that a staff member from the Office of the Mayor is assigned to coordinate this activity in future years. It is also suggested that the Ambassador could be presented with their Pin at one of the Mayor’s morning events as opposed to the 5pm Family Concert.

5. Ongoing commitment to assist the Silver Chain Australia Day Fundraising

Breakfast Committee

The CEO has recently committed to the continued assistance of the City of Bunbury to the Silver Chain Australia Day Fundraising Breakfast Coordinator.

City of Bunbury staff from various departments will continue to assist the committee in the following ways: - Assistance to prepare the event application - Preparation of the traffic management plan (although the Silver

Chain does not require any road closures) - Preparation of the risk management plan- Coordination of the

removal of Blair Street bollards- Provision of a generator, portable toilets and star pickets (for signage)

- Access to water - Provision of a casual staff member to assist at the event - On-site briefing with key stakeholders on the afternoon prior to the

event 6. Combination of Mayoral and main event activities:

Combining the Citizen of the Year and Citizenship Ceremonies into one event, to be held at Bicentennial Square

The Citizen of the Year event is a free, public event where families and friends of the nominees, Bunbury City Band and flag bearers like to attend. The Silver Chain Australia Day Fundraising Breakfast takes place simultaneously at Bicentennial Square and this activity provides low-cost food for patrons and raises funds for the Silver Chain Nursing Association.

The Citizenship Ceremony is a private, invitation-only event that is catered for by the City of Bunbury. Alcohol is also served at this event which is held in Centenary Gardens (note: all activities at Bicentennial Square are widely promoted as alcohol-free and therefore a liquor licence is not required).

Both events serve different purposes and are targeted at different community groups. There is no synergy between them and it would not benefit the City of Bunbury or the community to combine the events.

Furthermore the Citizenship Ceremony which is held at Centenary Gardens could not be moved to Bicentennial Square because the set-up for the main event activities commences immediately after the conclusion of the Citizen of the Year Ceremony. Sideshow operators, food vendors,


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audio-visual and lighting technicians and event staff take-over the event site for this purpose. Eliminating the need for the Bunbury City Band to pack up and relocate from the Graham Bricknell Music Shell to Centenary Gardens

The Bunbury City Band is under no obligation to play at either Mayoral event but they do so out of goodwill. They have never complained about having to relocate in order to participate in both activities and are keen to continue to be involved in both. They receive a donation for performing at both events. Catering for the Australia Day luncheon at Bicentennial Square, perhaps as a Big Aussie BBQ

The Silver Chain Australia Day Fundraising Breakfast is the Silver Chain Bunbury’s biggest fundraising exercise of the year. If a free BBQ was offered to the community in the afternoon, it would reduce the Silver Chain’s ability to fundraise and Breakfast Coordinator Lyn Bele does not support the idea.

Council Policy Compliance Not applicable Legislative Compliance Not applicable Officer Comments The Events Officer, in consultation with the Manager Community Culture and Engagement, the Manager Human Resources and the Manager Community Safety and Emergency Management has proposed the changes to the 2013 City of Bunbury Australia Day Celebrations and Fireworks Spectacular event in order to make the best use of the available human and financial resources. Analysis of Financial and Budget Implications The proposed (later) commencement time for the main activities of the 2013 City of Bunbury Australia Day Celebrations and Fireworks Spectacular event is likely to reduce some staff, supplier and entertainer costs. There will however be some increased supplier and security costs due to the requirement for additional infrastructure and security services in anticipation of increased issues at the Saturday event. Community Consultation The City Promotions Committee (including local community members) was consulted in their meeting on Wednesday 13 February 2012. Event patrons are offered the opportunity to provide feedback via surveys at each City of Bunbury event, including the 2012 Australia Day event.


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Market stallholders are offered the opportunity to provide feedback via surveys after the conclusion of each City of Bunbury event, including the 2012 Australia Day event. The new www.yoursaybunbury.com.au website provides community members with the opportunity to provide ongoing feedback about City of Bunbury events, and at least one post directly related to the 2012 Australia Day event. An event de-brief is held at the conclusion of each City of Bunbury event and the feedback provided by all key stakeholders contributes to the planning of future events. Key members of the Bunbury Police were consulted at a meeting on Wednesday 1 August 2012 and the Bunbury Alcohol Accord members were consulted at a meeting on Tuesday 7 August 2012. Councillor/Officer Consultation The City Promotions Committee (including Councillors, the Deputy Mayor and the CEO) was consulted at their meeting on Wednesday 13 February 2012. The Events Officer consulted with the Manager Community Culture and Engagement, the Manager Human Resources, the Manager Community Safety and Emergency Management and the Executive Assistant to the Mayor regarding the proposed changes to the 2013 Australia Day event.

http://www.yoursaybunbury.com.au/


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10.3.5 Adoption of the Draft Disability Access and Inclusion Plan 2012-2017

File Ref: A05380 Applicant/Proponent: Internal Report Author: Caris Gibson, Team Leader Community Development Executive: Stephanie Addison Brown, Director Community &

Customer Services Attachments: Appendix DCCS-6

Summary The City of Bunbury’s draft Disability Access and Inclusion Plan (DAIP) 2012 - 2017 has been open for public comment for a period of two (2) weeks. The period of public comment has now been completed, and the plan is being referred back to Council for adoption. Executive Recommendation That Council;

1. Adopts the Draft Disability Access and Inclusion Plan 2012-2017.

2. Lodges the Plan with the Disability Services Commission for final endorsement.

Background In 2002 the City of Bunbury formed the Community Access Committee to assist in formulating the first Community Access Plan. The plan expired in 2007, and as part of the Disability Services Commission’s (DSC) strategy to ensure consistency across Local Government, the City of Bunbury was required to produce and lodge with the DSC a Disability Access and Inclusion Plan. The DAIP 2007-2012 captured many of the achievements of the City over the last five years and all implementation strategies within the 2007-2012 DAIP were either completed or continue to be an ongoing function of the City. The new DAIP lays out a framework for implementation of access and inclusion initiatives across a range of Council buildings, services, and facilities, as well as methods for improving the accessibility of information. The Disability Services Act 1993 (amended 2004) requires the City of Bunbury to lodge their Disability Access and Inclusion Plan 2012-2017 with the DSC by the end of August 2012, and to review and report changes to the DSC on a minimum annual basis. Council Policy Compliance Not applicable Legislative Compliance Part 5, Section 28(7) of the W.A. Disability Services Act 1993 (amended 2004), requires that Local Governments lodge a review of their Disability Access and Inclusion Plan at least every five years.


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Officer Comments A copy of the draft DAIP was sent to DSC for general feedback, prior to its formal submission. The Commission recommended that the following additions be made to the document:

1. A section explaining how the City of Bunbury will inform its contractors, and agents of the DAIP.

2. A section explaining how the DAIP will be promoted. To accommodate these points an additional sentence contained within the Responsibility for Implementing the DAIP paragraph has been added. Agents and contractors will receive a link advising them they are working on a strategy related to City of Bunbury’s DAIP and in particular if they are in contact with members of the public that they will be aware of any accessibility issues.

In addition, an additional paragraph with the heading title Communicating the DAIP has been added to the draft DAIP. This paragraph covers the accessibility of obtaining the DAIP amongst staff and within the community. Once the DAIP is endorsed by Council and the Disability Services Commission an advertisement will be placed in the local newspaper and copies of the plan will be available for viewing on the City’s website, in its libraries and in the foyer of the Administration Building.

As plans are amended City employees and the community will be advised of the availability of updated plans, using the same methods.

The draft DAIP 2012-2017 containing the amendments from DSC is attached to this report at Appendix DCCS-6. Analysis of Financial and Budget Implications Council currently provides Disability Access and Inclusion Support with annual funding to administer and review the DAIP. $20,000 has been allocated in the 2012-2013 budget to continue to operate a range of strategies for this financial year. As the plan spans over five years others strategies will be subject to funds being allocated in future Council budgets and/or external funds being obtained. Partnerships will also be sought with State/Federal and community organisations to secure sources of funding and in-kind assistance. Community Consultation During 2012, the City undertook a review of the 2007-2012 DAIP and consulted with key City employees, community members and local agencies to draft a new DAIP to guide further improvements to access and inclusion. The Disability Services Act Regulations (2004) set out the minimum consultation requirements for public authorities in relation to DAIPs. Local Governments must call for submissions (either general or specific) by notice in a newspaper circulating in the local district of the Local Government, under the Local Government Act (1995), or on any website maintained by or on behalf of the Local Government. Other mechanisms may also be used. A minimum period of three (3) weeks is recommended for this public notification, and other mechanisms may also be used.


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During April and May of 2012, the community was advised through the local newspapers, the City of Bunbury’s website, and the South West Agency Partnerships (SWAP) Network emailing group that there was an opportunity to provide input into the review and development of the plan. The public were invited to attend a number of focus groups to provide their input, and thus assist in the continual process of addressing the barriers that people with a disability and their families experience in accessing information, services and facilities.

The process included consultation with people with a disability, their families, carers, disability organisations and relevant community groups (including the City of Bunbury Community Access Committee):

Focus Groups Five (5) focus groups were held from 15 to 23 May 2012 at a variety of locations throughout Bunbury, including the Association of the Blind at Lotteries House, Milligan Resource and Community Centre, The City of Bunbury function room, Enable Southwest and the Senior Citizen’s Centre. Participants included people with a disability, such as vision, intellectual and mobility impairments; mothers of children with a disability as well as other family and carers; and professionals working in the field of disability. Participants also included senior citizens, who themselves have accessibility difficulties in the community. There was consistent involvement and participation from attendees across the board. There were sixty (60) participants across the five (5) focus groups. Participating groups included:

- Focus Group 1: My Time@ Milligan Support Group: parents of children with a disability or a chronic medical condition – held at Milligan Resource and Community Centre and attended by 16 participants.

- Focus Group 2: Short on Sight Support Group: people with vision impairments – held at the Association of the Blind in Lotteries House, Bunbury, and attended by 14 participants.

- Focus Group 3: People with a disability, family members, carers and professionals – held at the City of Bunbury Council Function Room, and attended by 15 participants.

- Focus Group 4: People with a disability, family members, carers and professionals – held at Enable South West, and attended by 7 participants.

- Focus Group 5: Senior citizens – held at the Senior Citizen’s Centre, and attended by 8 participants.

Survey Participants were also provided the opportunity to record their input on access and inclusion on surveys provided during the consultation. Surveys were also made available to the public who did not attend the focus groups, by advertising it on the South West Agency Partnerships (SWAP) email networking group, and providing the survey to disability, seniors and support agencies.


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Public Comment The draft 2012 – 2017 DAIP was opened to the public for comment for a period of two (2) weeks in July/August 2012. Councillor/Officer Consultation Staff Briefing of 2007-2012 DAIP Review: March 2012 – Details about the development of the new DAIP were provided to key City of Bunbury staff, including managers and operational staff.

Internal Review of the 2007 – 2012 DAIP: April 1012 – The existing DAIP Implementation Plan and relevant tasks relating to staff areas were provided to key staff in small meetings following the initial March briefing. Staff members were asked about the status of the tasks, including whether they were ongoing and needed to be included in the new DAIP.

Internal Review of the 2012 – 2017 DAIP Draft: July 2012 – The new DAIP Implementation Plan and relevant tasks relating to staff areas were provided to key staff in small meetings following the completion of the draft Implementation Plan. Staff members were consulted on tasks, areas of responsibility, and task timelines. Their suggestions were inputted into the draft Implementation Plan.

Additionally, elected members were advised through the Community Access Committee and reports to Council about the draft 2012-2017 DAIP.

Economic, Social, Environmental and Heritage Issues The DAIP has the potential to have significant implications for the social and economic health of our community. Greater access and inclusion will allow people with disabilities to access the community more for leisure and recreation, to access more places of employment, and to participate in public events and other citizen activities. Bunbury also has potential to draw tourists with disabilities who will come to the region with confidence knowing that there will be services and facilities in place to cater for them. Shoppers with disabilities will be able to access a wider range of shops to support business, and to make a greater contribution to social and economic vibrancy of the region.


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10.3.6 City of Bunbury Healthy Clubs Grants Scheme – Winter 2012

File Ref: F00224 Applicant/Proponent: Internal Report Author: Bill Carlsen, Team Leader Community Recreation Executive: Stephanie Addison Brown, Director Community and

Customer Service Attachments: Nil

Summary Council has received two (2) external applications for the City of Bunbury Healthy Club Grants Scheme Winter 2012 round. Executive Recommendation That Council endorses the following applications for small equipment grants under the City of Bunbury Winter 2012 Healthy Clubs Grants Scheme:

- Marist Junior Football Club - $500 towards the purchase of a Chest Freezer and Game Siren

- Bunbury Rowing Club - $500 towards the purchase of a Rowing Machine Background The City of Bunbury Healthy Clubs Grants Scheme is a valuable tool in engaging and rewarding local sport and recreation clubs who are proactively developing the health of their clubs. Through the scheme the Sports Club Development Officer receives valuable information on how local sporting groups are being managed to assist the City in better catering for the needs of clubs in the future. The scheme requires clubs to fill in a “Self Assessment Checklist” online and attend two (2) Club Development Workshops to be eligible to apply for the $500 small equipment grant. Clubs may apply for up to $500 and the funds granted must be matched dollar for dollar. Clubs that have not previously applied for funding under the Healthy Clubs Grants Scheme may receive preference if applications exceed funds available. Bunbury sport and recreation clubs are offered grants in November and March for the summer and winter playing seasons. All year sports can apply in either summer or winter rounds but not in both. Sport and recreation clubs were notified of the grant six (6) weeks prior to the closing date and individual contact has been made with each club. Two (2) applications were received for this winter round. The clubs that have submitted applications have met the guidelines of the scheme and have either attended at least two (2) workshops in 2011 or will register for two (2) club development workshops before November 2012. The total requested funding $1,000 is summarised in table below.


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Club Name Project

Cost Amount Sought

Amount Granted ($ for $)

Purpose Club Self Assessment received

Workshops attended

Marist Junior Football Club

$1,194 $500 (Max available under the scheme guidelines)

$500 1. Freezer ($749) for icepacks and canteen

2. Game Siren ($445) For new pitch.

Yes Agreed to attend 2 in 2012

Bunbury Rowing Club

$2,033 $500.00 (Max available under the scheme guidelines)

$500 1. Row Machine ($1,650) for training.

2. Machine Slides ($383) for Rower

Yes Agreed to attend 2 in 2012

TOTALS $3,227 $1,000 $1,000

All amounts in Table 1 are stated as GST exclusive and have been rounded up to the nearest dollar Officer Comments The Healthy Clubs Grants Scheme is a valuable opportunity for local clubs and associations to receive funding for small equipment purchases to assist clubs in providing sport and recreation opportunities to City of Bunbury residents. Due to timing of grant rounds and calendar, clubs who have not attended workshops in 2011 will attend in 2012. In the last winter round seven (7) applications were received. The small number of winter 2012 applications is due to the five month gap in finding a suitable replacement Club Development Officer (CDO). The CDO plays a vital role in assisting clubs to seek grant funding from many sources enabling them to improve their services to the local community. Analysis of Financial and Budget Implications Funds are available for the continuation of the Healthy Clubs Grants Scheme in the 2012/2013 budget. A payment of $1,000 is in accordance with the Healthy Clubs Grants Scheme recommendation 2012 Winter Round.


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10.3.7 Community Sport and Recreation Facilities Fund ("CSRFF") Small Grants

applications August 2012 round – Bunbury Bowling Club

File Ref: A05332 Applicant/Proponent: Internal Report Author: Bill Carlsen, Community Recreation Team Leader Executive: Stephanie Addison-Brown, Director Community and


Summary Council has received a request to support an external CSRFF Small Grant Application submitted in the July/August 2012 round from the Bunbury Bowling Club. This is for a project to reconfigure existing toilets to include disabled toilet facilities at the Bunbury Bowling Club. The Bowling Club is seeking a one third financial contribution of the project cost. Executive Recommendation 1. Council supports the CSRFF application from the Bunbury Bowling Club.

2. Council ranks the Bunbury Bowling Club application as Priority 1.

3. Given that no budget provision was made to financially support the Club’s project in the 2012/13 financial year, Council will consider the allocation of $11,354 in the 2013/14 budget process subject to the club being successful in obtaining a grant from CSRFF and subject to the club being able to prove that they have exhausted all other funding sources e.g. Lotterywest.

Background The Department of Sport and Recreation ("DSR") administers the CSRFF grant funding program for small, annual and forward-planning grants. The CSRFF Program operates on a reimbursement system. Grantees are required to demonstrate that the project is complete and they have expended the funds equivalent to the full cost of the project before CSRFF grants can be paid in full. CSRFF grants are paid to the grantee only. Applicants will need to ensure they are able to carry the full cost of the project for the period between project completion and CSRFF grant payment. The maximum CSRFF grant approved by the State Government will be no greater than one-third of the total estimated cost of the applicant’s project and must be matched by the applicant’s own cash or in-kind contribution. Furthermore, the balance of one-third of the funds required is to be sourced by the applicant. Applicants must be either a local government authority, not for profit sport, recreation or community organisation and incorporated under the WA Associations Incorporation Act 1987. Clubs must demonstrate equitable access to the public on a short-term and casual basis.


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It is a requirement that applicants first discuss their proposal with the DSR Regional Manager to be able to receive the formal CSRFF application form. The DSR will also identify any shortcomings and offer assistance to bring an application up to an acceptable standard. CSRFF applications for the current round close on 31 August 2012. Successful applicants are expected to be advised in October 2012. With use of figures provided by the applicant in their submissions, the table below identifies the cost (excluding GST) of the project together with required/requested Council contribution.

Funding Source Bowling Club $

Council Contribution **Subject to budget approval in 2013-14

**11,354

Applicant's Cash 11,354 Voluntary Labour Donated Materials 1,000 Other state or federal funding 0 Sponsorship 0 CSRFF Grant Requested 11,354 Total Cost of Project 35,114

The Department of Sport and Recreation requires projects to be rated and ranked by Council using the following criteria: Project Rating - Well planned and needed by the municipality - Well planned and needed by the applicant - Needed by the municipality - more planning required - Needed by the applicant – more planning required - Idea has merit – more preliminary work needed - Not recommended Priority Ranking Each proposal is to be listed as a 1, 2 or 3 priority. Council has the opportunity to amend the project rating and re-prioritise the proposed ranking.

Applicant Project Summary Council Funds Required and Budgeted?

Proposed Project Rating

Proposed Priority Ranking

Bunbury Bowling Club

Reconfiguration of existing toilets to include disabled toilet facilities

Council is being asked to consider 1/3 funding if the CSRFF application is successful. No funds

Well planned and needed by the municipality.

1


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budgeted. Council Policy Compliance There are no Council policies applicable to CSRFF applications. Legislative Compliance Not applicable Officer Comments The Bunbury Bowling Club commenced discussions through its representative ‘The Bowling Club Sponsors Coordinator’ at a meeting with the Community Recreation Team Leader in March 2012. The Bunbury Bowling Club was advised that due to the timing of their request, consideration in the 2012-13 financial year could not be considered. The Club were advised that they would need to submit their application in a later round of the CSRFF (2013-14 financial year) so that Council could consider funding provision as part of the normal annual budget process. The Bunbury Bowling Club has decided to apply for CSRFF funding in the 2012-13 financial year regardless and is still requesting that Council consider providing funding of $11,354 in the 2012-13 financial year in support of their application. Analysis of Financial and Budget Implications Council have not provided any allocation to support this application in the 2012-13 financial years. Officers recommend that Council consider the allocation of $11,354 in support of the Bunbury Bowling Club project for consideration in the 2013-14 budget process on the condition that the Club is successful in obtaining a grant from the CSRFF. Community Consultation The Bunbury Bowling Club has consulted with their members and established the need to improve access to facilities for people with disabilities enabling wider community participation in the sport as well as other social activities provided for by the Bowling Club. Councillor/Officer Consultation In April 2011, the Bunbury Bowling Club attended workshops arranged by the City to gain feedback from sporting groups in a review of facility needs and to determine short, medium and long term development priorities. The Community Recreation Team Leader has since met and discussed the Club’s development plans and the disabled toilet facilities identified in the plans and presented in this item for Council’s consideration. Strategic Relevance The application is consistent with Council’s Recreation Plan and Recreation Implementation Plan 2007-12 Strategic Theme 6: Facility Development.


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Relevant Precedents The maximum CSRFF grant approved by the State Government will be no greater than one-third of the total estimated cost of the applicant’s project and must be matched by the applicant’s own cash or in-kind contribution. Furthermore the balances of one-third funds required are to be sourced by the applicant. Council has previously considered CSRFF grant applications for third parties and internal applications, the most recent being March 2012.


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10.3.8 Community Sport and Recreation Facilities Fund ("CSRFF") Small

Grants applications August 2012 round – Bunbury Car Club (Speedway).

File Ref: A05332 Applicant/Proponent: Internal Report Author: Bill Carlsen, Community Recreation Team Leader Executive: Stephanie Addison-Brown, Director Community and


Summary Council has received a request to support an external CSRFF Small Grant Application submitted in the July/August 2012 funding round for the Bunbury Car Club (Speedway). This is for a development project at the Bunbury Speedway including back straight upgrades and upgrades to enhance spectator seating facilities to maximise safety requirements. The Bunbury Car Club is not seeking a financial contribution from Council but does require Council’s support to be able to submit their application to CSRFF. Executive Recommendation 1. Council agrees to support the CSRFF application from the Bunbury Car

Club subject to any relevant conditions being met attached to a development approval from the Planning and Development Services team.

2. Council ranks the Bunbury Car Club application as Priority 2. Background The Department of Sport and Recreation ("DSR") administers the CSRFF grant funding program for small, annual and forward-planning grants. The CSRFF Program operates on a reimbursement system. Grantees are required to demonstrate that the project is complete and they have expended the funds equivalent to the full cost of the project before CSRFF grants can be paid in full. CSRFF grants are paid to the grantee only. Applicants will need to ensure they are able to carry the full cost of the project for the period between project completion and CSRFF grant payment. The maximum CSRFF grant approved by the State Government will be no greater than one-third of the total estimated cost of the applicant’s project and must be matched by the applicant’s own cash or in-kind contribution. Furthermore the balances of one-third funds required are to be sourced by the applicant. Applicants must be either a local government authority, not for profit sport, recreation or community organisation and incorporated under the WA Associations Incorporation Act 1987. Clubs must demonstrate equitable access to the public on a short-term and casual basis. It is a requirement that applicants first discuss their proposal with the DSR Regional Manager to be able to receive the formal CSRFF application form. The


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DSR will also identify any shortcomings and offer assistance to bring an application up to an acceptable standard. CSRFF applications for the current round close on 31st August 2012. Successful applicants are expected to be advised in October 2012. With use of figures provided by the applicant in their submission, the table below identifies the cost (excluding GST) of the project together with required/requested Council contribution (in this case there is no request for a financial contribution from Council).

Funding Source Car Club $

Council Contribution 0 Applicant's Cash 19,333 Voluntary Labour 0 Donated Materials 0 Other state or federal funding 0 Sponsorship 19,333 CSRFF Grant Requested 19,333 Total Cost of Project 58,000

The Department of Sport and Recreation requires projects to be rated and ranked by Council using the following criteria: Project Rating - Well planned and needed by the municipality - Well planned and needed by the applicant - Needed by the municipality - more planning required - Needed by the applicant – more planning required - Idea has merit – more preliminary work needed - Not recommended Priority Ranking Each proposal is to be listed as a 1, 2 or 3 priority. Council has the opportunity to amend the project rating and re-prioritise the proposed ranking. Applicant Project Summary Council Funds Required

and Budgeted? Proposed Project Rating

Proposed Priority Ranking

Bunbury Car Club

Track upgrades to maximise safety requirements.

No funds required from Council

Well planned and needed by the applicant.

2


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Council Policy Compliance There are no Council policies applicable to CSRFF applications. Legislative Compliance Not applicable Officer Comments The Bunbury Car Club seating facilities are now 35 years old and are considered inadequate and unsafe for spectator usage. As well as providing safe seating, the new facilities should assist in attracting more patrons due to better provision of facilities. The Bunbury Car Club spent $100,000 of their own funds improving the “main straight” in the 2011 off season and this improvement in safety and attendance has shifted focus on to the current project. The Bunbury Car Club has discussed the proposed construction works and upgrades with the Planning and Development Services and the Community Recreation teams. There is a development application with Planning and Development Services which is currently being processed. Analysis of Financial and Budget Implications The Bunbury Car Club is not seeking a financial contribution from Council so therefore there is no impact on the 2012/2013 budget. Community Consultation The Bunbury Car Club upgraded their “main straight” in 2011 in the off-season. The proposed project would provide a similar upgrade and the feedback that has been provided by members and non members of the club have indicated support for the proposed upgrade. The Bunbury Car Club Committee indicated that there have been injuries to the public due to unsafe facilities and feedback has been provided that there is a need to upgrade the area to prevent further occurrences. Councillor/Officer Consultation The Bunbury Car Club has discussed the project with officers from Planning and Development Services and approval is pending to undertake works to further develop and improve the safety of the race track. Strategic Relevance The application is consistent with Council’s Recreation Plan and Recreation Implementation Plan 2007-12 Strategic Theme 6: Facility Development. Relevant Precedents Council has previously considered CSRFF grant applications for third parties and internal applications, the most recent being March 2012.


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10.4 Director Corporate Service Reports 10.4.1 Proposed Deed of Surrender – Reserve 28408 Carpark, previously Lot

474 Bussell Highway, now Lot 510 Bussell Highway, South Bunbury – Nedloh Wholesale Pty Ltd as Trustee for the Fagan Investment Trust, Rayjon Nominees Pty Ltd as Trustee for the Raymond Jones Family Trust and Michael James Fagan and Raymond Walter Jones

File Ref: P01266 Applicant/Proponent: Rayjon Nominees Pty Ltd Author: Jane Porter, Property Officer Executive: Wayne Wright, Director Corporate Services Attachments: Appendix DCS-1

Summary Nedloh Wholesale Pty Ltd as Trustee for the Fagan Investment Trust, Rayjon Nominees Pty Ltd as Trustee for the Raymond Jones Family Trust and Michael James Fa gan and Raymond Walter Jones have requested a Deed of Surrender, to facilitate an early termination of their Deed of Lease over Reserve 28408 Lot 510 Bussell Highway, South Bunbury. A location plan is attached at Appendix DCS-1. Executive Recommendation Part A Pursuant to Standing Order 11.1(b) of the City of Bunbury Standing Orders Local Law 2012, the debate on this matter is to resume in order for further consideration to be undertaken. Part B Council agrees to the Deed of Surrender and early termination of the Deed of Lease with Nedloh Wholesale Pty Ltd as Trustee for the Fagan Investment Trust, Rayjon Nominees Pty Ltd as Trustee for the Raymond Jones Family Trust and Michael James Fagan and Raymond Walter Jones over Reserve 28408 Lot 510 Bussell Highway, South Bunbury subject to the following:

1. Relinquish its right of first refusal to purchase the Leased Premises.

2. The applicant be refunded lease fees paid in advance of May 2012. Background On 1 December 2004, the City of Bunbury and Nedloh Wholesale Pty Ltd as Trustee for the Fagan Investment Trust, Rayjon Nominees Pty Ltd as Trustee for the Raymond Jones Family Trust and Michael James Fagan and Raymond Walter Jones entered into a Deed of Lease for the provision of a public carpark at Bunbury Lot 474 on Land Administration diagram 83477 the subject of Reserve 28408 and being the whole of the land comprised in Crown Land Record Volume


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3007 Folio 607, this Lease was for a period of twenty one (21) years. The Lease is due to expire on 30 November 2025. The Lessee has requested a Deed of Surrender for early termination of their lease as soon as possible due to the parking area (part of the current lease) having been altered by the City’s decision to create a public road called Vasse Street. The Lessee no longer requires the leased area due to the imminent further development of land adjacent to the Lessee’s premises. Current Lease Details Commencement: 1 December 2004 Term: Twenty one (21) years Expiry Date: 30 November 2025 Rental: $7,800.00 plus GST, per annum. Rent Review: CPI annually on each anniversary of the

commencing date during the Term and any further term.

Outgoings: Responsibility of the applicant. Insurance: Lessee to maintain Public Risk and General

Insurance cover over the premises with Public Liability to be set at $10(M)

Council Policy Compliance There is no Council Policy applicable to this proposal. Legislative Compliance Minister for Lands to authorise Deed of Surrender. Officer Comments The premise, partly occupied by the Lessee was used as a carpark. The City has had cause to alter the parking area (Lease area) into a public road called Vasse Street. Analysis of Financial and Budget Implications The proposal would mean a loss of rental income to the City of $19,789.03 plus GST annually, based on current valuation. Community Consultation Not required. Councillor/Officer Consultation Comments were sought from the City’s Director Corporate Services, Manager Contracts and Property and the Manager Development Assessment and Building; there was no objection to this proposal.


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The Lessee (“applicant”) has requested an early termination effective from May 2012. There has not been any Breach of Lease on behalf of the Lessee (“applicant”), as they have complied with all terms of the Lease. The request is submitted as the construction of Vasse Street has made the area of land, including the carparks impractical to continue using. It is also considered warranted that the City refund any overpaid Lease fees and rates since May 2012, whilst the matter has been “laid on the table”.


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10.4.2 Delegation of Authority to Chief Executive Officer for Approval and

Assignment of Property Leases and Licences.

File Ref: A00276-03 Applicant/Proponent: Internal Report Author: Jane Porter, Senior Property Officer Executive: David Ransom, Acting Director Corporate Services Attachments: Appendix DCS-2

Summary Section 5.42 of the Local Government Act 1995 permits Council to delegate to the Chief Executive Officer, the exercise of any of its powers or the discharge of any of its duties, other than those specified in section 5.43 of the Act. This proposal is an amendment to delegation 6.5 of the City of Bunbury Delegation Register, which gives the CEO the authority to negotiate the terms and conditions of property leases for referral to Council. Over the past twelve (12) months, in excess of seventy (70) individual lease and licence document matters have been referred to Council for consideration. It is considered that these lease and licence matters have proved to be non-problematic as all have been endorsed by Council with little or no concern. Executive Recommendation Council under the provisions of section 5.42 of the Local Government Act 1995, agree to delegate to the Chief Executive Officer the authority to negotiate and authorise Deed of Lease and Deed of Licence documents on behalf of Council, over City controlled land and premises, as identified under the provisions of sections 3.53 and 3.54 of the Local Government Act 1995. *Absolute majority required. Background Council’s Property Department has recently undertaken a review of the process it utilises to facilitate this activity, with a view to improve the service for both the client and council. The process for assigning leases and licences in its current form can be a lengthy and involved process, in many cases taking months to complete. Research conducted with several other Western Australian and interstate local governments with regard to this matter, revealed that the most common process utilised in a modern business environment was by virtue of delegated authority. The Cities of Mandurah and Stirling in Western Australia and the Cities of Bayside and Moreland in Victoria are all examples of delegated authority to the Chief Executive Officer for this process. A copy of the Property Action Sheet is attached at Appendix DCS-2.


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Officer Comments The current process for the approval and assignment of leases and licences accounts for a considerable amount of Council and staff time, for which by today’s standards can best be described as an administrative task, best dealt with by the CEO. The proposed delegation for the CEO to approve and assign leases and licences will greatly assist in streamlining a lengthy process, saving both Council and customers time, whilst still ensuring all relevant matters are taken into consideration. A major part of the review is in seeking improvements to the process of assigning leases and licences over City assets. The delegation of authority to the CEO is seen as a small but important part of streamlining the existing process. Should any potential risk or contentious issue arise when dealing with an issue, the matter will be referred to Council for consideration and decision. Introduction of this delegation will not prevent any member of the general public, Councillor or Council Officer from raising a matter before Council for consideration. Analysis of Financial and Budget Implications There are no financial or budget implications by granting the Chief Executive Officer delegated authority to approve and assign leases and licences.


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10.5 Director Planning and Development Services Reports 10.5.1 Proposal for Greater Bunbury Region Scheme amendment to rezone Lots

301 and 502 Boyanup-Picton Road, Picton East, form Rural Zone to Industrial Zone

File Ref: A02340-03 Applicant/Proponent: City of Bunbury Author: Thor Farnworth, Manager Sustainability and Integrated

Land Use Planning Executive: Bob Karaszkewych, Director Planning and

Development Services Attachments: Nil

Summary The landowners of Lots 301 and 502 Boyanup-Picton Road, Picton East, are seeking Council’s in-principle support for an amendment to the Greater Bunbury Region Scheme (GBRS) in order to rezone their land form “Rural Zone” and “Primary Regional Roads Reserve” to “Industrial Zone”, “Rural Zone” and “Regional Open Space Reserve” under the region planning scheme. Part 9 of the Planning and Development Act 2005 specifies that local planning schemes are to be consistent with the applicable region planning scheme. Consequently, the City of Bunbury will be required under the Act to amend its local planning scheme in a manner that is consistent with any gazetted GBRS amendment or minor amendment. Therefore, subject to a direction given by the Western Australian Planning Commission (WAPC) to the City of Bunbury to comply with a resolution to rezone in accordance with Part 9 of the Act, an amendment to the City of Bunbury Town Planning Scheme No.7 (TPS7) will need to be initiated in order ensure that locally appropriate zoning of the subject area is consistent with that of adjoining land intended for industrial purposes, both within the City of Bunbury and adjoining Shire of Dardanup. Subject to a direction of the WAPC, it is expected that the relevant portions of Lots 301 and 502 Boyanup-Picton Road, Picton East, contained within the TPS7 Scheme Area should also be incorporated into a Special Control Area referred to as a “Development Investigation Policy Area” (DIPA) in order to ensure that structure planning is finalised prior to any subdivision or development being approved within the DIPA area. Executive Recommendation 1. Council advises the Western Australian Planning Commission that the

City of Bunbury gives its in-principle support for the proposed amendment to the Greater Bunbury Region Scheme in order to rezone Lots 301 and 502 Boyanup-Picton Road, Picton East, form “Rural Zone” and “Primary Regional Roads Reserve” to “Industrial Zone”, “Regional Open Space Reserve” and “Primary Regional Roads Reserve” subject to the


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satisfaction of the Environmental Protection Authority and the Department of Sustainability, Environment, Water, Population and Communities requirements in accordance with the Western Australian Environmental Protection Act 1986 and the Commonwealth Environment Protection and Biodiversity Conservation Act 1999 respectively.

2. Council advises the Western Australian Planning Commission that the land required for the final alignment of the Port Access Road should be included in the “Primary Regional Roads Reserve” under the Greater Bunbury Region Scheme.

3. Council recommends to the Western Australian Planning Commission that the land required for environmental conservation purposes or as environmental offsets by the Environmental Protection Authority and/or the Department of Sustainability, Environment, Water, Population and Communities, to be protected in perpetuity, should be included in the “Regional Open Space Reserve” under the Greater Bunbury Region Scheme.

4. Council recommends to the Western Australian Planning Commission that the land use / zoning status of those land areas indicted as “Industrial (subject to floodway modelling review)” shown on the “Concept Structure Plan” map located at appendix 2 of the proponents submission, be resolved prior to the finalisation of any amendment to the Greater Bunbury Region Scheme. Council advises the Western Australian Planning Commission that if this land is not able to be developed for industrial purposes (and is instead to be reserved as public open space for Preston River floodway and/or floodplain purposes), then the land should be included in the “Regional Open Space Reserve” as part of the proposed amendment to the Greater Bunbury Region Scheme.

5. That the Western Australian Planning Commission, and the landowner of Lots 301 and 502 Boyanup-Picton Road, Picton East, be advised that a district structure plan should be finalised for the subject area prior to the approval of any further subdivision and/or development. The preparation of a draft district structure plan should be submitted to the Commission for its endorsement, subject to referral to the City of Bunbury for Council’s comment. The draft district structure plan is to be supported by a District Water Management Strategy that is compiled in accordance with the Better Urban Water Management (October 2008) guidelines to the satisfaction of the local government, the commission and the Department of Water.

6. Council recommends to the Western Australian Planning Commission, and the landowner of Lots 301 and 502 Boyanup-Picton Road, Picton East, that connection to reticulated potable water and sewerage systems should be a condition of subdivision approval in order to permit unfettered and sustainable development within the subject area.

7. Subject to the gazettal of an amendment to the Greater Bunbury Region Scheme, Council, in pursuance of clause 124 of the Planning and Development Act 2005, resolves to initiate an amendment to the City of Bunbury Town Planning Scheme No.7 by:

(a) rezoning those portions of Lots 301 and 502 Boyanup-Picton Road, Picton East, within the Scheme Area from “Rural Zone” to “Industry Zone” in accordance with the amended Greater Bunbury Region Scheme; and


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(b) including those portions of Lots 301 and 502 Boyanup-Picton Road, Picton East, within the Scheme Area in a Special Control Area (“Development Investigation Policy Area”).

Background In June 2012 the consulting firm Greg Rowe and Associates, on behalf of WA Developments Pty Ltd who are the owners of Lots 301 and 502 Boyanup-Picton Road, Picton East, made a submission to the City of Bunbury seeking support for a region planning scheme amendment to rezone the subject land from “Rural Zone” to “Industrial Zone” under the GBRS. Council Policy Compliance The proposed region planning scheme amendment is considered consistent with the aims and goals of Council’s 2007–2012 Strategic Plan and the objectives and recommendations of the City Vision Strategy (2007). Legislative Compliance Proposals to amend a region planning scheme are required to be undertaken in accordance with the Planning and Development Act 2005. Part 9 of the Act specifies that local planning schemes are to be consistent with the applicable region planning scheme. Any consequential amendment to the local planning scheme initiated by Council will need to be referred to the Environmental Protection Authority (EPA) for their review prior to any formal public advertising period. Once the EPA has indicated that a full environmental assessment is not required (and that Lots 301 and 502 Boyanup-Picton Road, Picton East, have been deemed assessed through the region planning scheme amendment), then the local planning scheme amendment may be advertised for a period of 42 days. Submissions are analysed and the amendment is then submitted back to Council for adoption with or without modifications. Should Council resolve to adopt the amendment, the scheme amending documentation, together with the schedule of submissions and Council’s resolution, is to be referred to the WAPC for its endorsement and referral to the Minister for Planning for final approval and gazettal. Under Part 6 of TPS7, the inclusion of the subject land within a DIPA will ensure that the subdivision of the land will occur in accordance with a structure plan that is adopted by the City of Bunbury and endorsed by the WAPC. Subsequent applications for planning approval to permit the development of general industry uses within the subject area shall be required to conform with the EPA’s guidelines in relation to buffer distances to sensitive land uses. Officer Comments The Industry 2030: Greater Bunbury Industrial Land and Port Access Planning Final Report (April 2000) was adopted by the then state Cabinet in April 2000 as the State government’s planning response to the industrial land supply and port access needs for the Greater Bunbury sub-region. The Industry 2030 Report was intended to provide a conceptual vision for industry in the Greater Bunbury


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Region up to the year 2030 and beyond. Hence, despite the age of the report, it should be treated as a strategic level guiding document for informing the preparation, review and amendment of both region and local planning schemes. The Industry 2030 Report advocates that an adequate supply of well planned industry with good port access is vital to the economic strength and competiveness of not just Bunbury but also for the south west region of the State. The report’s principle contribution is the acknowledgment of the critical role industrial activity plays in the regions economy. As much of the relatively strong economic development, population and employment growth experienced in the region since 2000 has proven to be dependent upon downstream processing and export of the region’s mining, agriculture and forestry resources. Therefore, it has been demonstrated that for the region to continue to develop and prosper, further capacity for downstream processing is needed within contemporary industrial estates that enable efficient, internationally competitive and environmentally responsible production and delivery of services to industry. Related to this is the need to maximise the increased levels of accessibility being provided to the Bunbury Inner Harbour through road and rail infrastructure investment in order to capitalize on this important regional asset and provide the best possible access to shipping services for existing industries operating in the region and those considering locating in Bunbury. Given that Lots 301 and 502 Boyanup-Picton Road, Picton East, are bisected by the new Port Access Road extension and located centrally in the Industry 2030 Report study area (being identified in the report’s Interim Strategy Plan for small lot general industry and general manufacturing and fabrication industry uses) - the proposed amendment is therefore considered consistent with the intent of the Industry 2030 Report. It is noted that the subject area is indicated as an “environmental significance area” and is not included in the area designated as “industrial expansion area: medium to long term (2021-2031+)” on the draft Greater Bunbury Structure Plan 2011-2031 + map. Nevertheless, the draft Greater Bunbury Strategy highlights that:

It is anticipated that 17,000 new jobs will be required in the Greater Bunbury sub-region over the period to 2031, to support the projected population growth. The amount of land required to accommodate this number of jobs will be influenced by the extent of suitable industrial land already available, the industries where job growth is likely to occur, options for the growth of activity centres, and alternative choices for employment.

Therefore, subject to the proposal providing for the adequate conservation of on-site ecological values and the protection of environmental and public health conditions off-site, in accordance with inter alia the Western Australian Environmental Protection Act 1986 and the Commonwealth Environment Protection and Biodiversity Conservation Act 1999 respectively, the inclusion of developable portions of the subject area should be prioritised in the short term as part of the industrial expansion areas of the finalised Greater Bunbury Structure Plan in support of an associated GBRS amendment.


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Analysis of Financial and Budget Implications Adoption of the recommendation will not have financial implications for the existing Annual Budget. However, should the WAPC amend the GBRS, it can be expected that administrative and advertising costs will be incurred as a consequence of undertaking the necessary amendment to TPS7 in accordance with the Planning and Development Act 2005 and associated Town Planning Regulations 1967. Where more than 10% of a lot is ultimately reserved (e.g. as “Primary Regional Roads Reserve” or “Regional Open Space Reserve”), the process for reserving and acquiring the land will be the responsibility of the State government; which is to be expedited through the amending of the GBRS where required. Other normal conditions of land subdivision will include, but are not limited to, the following items that are to be dedicated / constructed at the landowner’s cost and to the specification and satisfaction of the relevant public authorities:

- all lots with frontage to a constructed and drained subdivisional road that is connected to the local road system;

- a contribution towards traffic calming measures, including intersection treatments connecting to main roads;

- a contribution towards cycleways, dual use paths and footpaths;

- land being filled, drained and connected to the city’s stormwater drainage system; and

- all lots with connection to the reticulated potable water and sewerage systems.

The requirement for all lots to be connected to a reticulated sewerage system is considered necessary given both the city’s assessment of the realised and potential environmental impacts of existing industrial areas on water quality in the Preston River and Leschenault Inlet, and the submission’s own stated planning objectives of the Concept Structure Plan to:

- “Provide a robust design, providing the broadest possible opportunities to accommodate the varying demands for general industrial land in an increasingly changing commercial/economic environment;

- Recognise environmental issues within and around the study area and provide best management practices;”

It should be noted that existing unsewered industrial areas within the City of Bunbury have been shown to have significant constraints when it comes to ultimately assessing and conditioning planning approvals for the development of individual lots for general industry purposes. Community Consultation The region planning scheme amendment will require public advertising pursuant to the procedure set out in the Planning and Development Act 2005. As such, submissions may be made to the Commission in the form specified in the notice within the period (of not less than 3 months) from the date the notice is first published in the government Gazette.


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Councillor/Officer Consultation As a result of the proponent’s submission, discussions were held between officers of the City of Bunbury and representatives of the landowner. The submission document was subsequently referred to the City’s Development Coordination Unit (DCU), with the preliminary comments collated into this report. Economic, Social and Environmental Issues Economic The eventual rezoning, structure planning and subdivision of the land for industry can be assumed to have a net benefit to Bunbury’s local and regional economy. This is partly because over recent years there has been a shortage of suitable land available for light and general industry – with growing demand for new industries seeking to locate in proximity of the Strategic Regional Centre and Port. Hence, the subject area is optimally located for the development of industrial activities given that it is serviced by the regional road network and situated approximately seven kilometres of Bunbury’s city centre and five kilometres of the Inner Harbour. Social There are no known negative impacts on the social environment. Environmental Surface and groundwater management will likely be prominent development issues due to the subject area abutting the Preston River and having a relatively high water table. Urban water management planning will therefore play a key role in the structural and subdivision designing process. The management of surface and groundwater resources is the subject of WAPC’s State Planning Policy 2.9 Water Resources (SPP 2.9). A by-product of this policy is the Better Urban Water Management (BUWM) guidelines, published in October 2008 by the WAPC in conjunction with the Department of Water (DoW), WALGA and the Commonwealth Government Department of the Environment, Water, Heritage and the Arts. In applying the guidelines to the subject area it can be expected that the draft District Water Management Strategy will be required to support any district structure plan documentation, and that the district structure plan should not be finalised until the draft District Water Management Strategy has been approved by the WAPC on advice from the DoW. It is noted that subject to the inclusion of the subject land within a DIPA under TPS7, the landowners of Lots 301 and 502 Boyanup-Picton Road, Picton East, will be required to prepare a local structure plan dealing with local government matters that is informed by the district structure plan. Any local structure plan submitted for adoption by Council and endorsement by the WAPC will then need to be accompanied by a Local Water Management Strategy that is compiled in accordance with the BUWM guidelines to the satisfaction of the Local Government, the Commission and the DoW. It is noted that the submission document advocates for subdivision and


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development approval without a condition for connection to mains sewer. This is considered inappropriate for the following reasons:

- The land is low lying (section 4.1.6.1 of the submission document indicates a predominantly less than 1.5 metre separation between groundwater and the natural surface level). This makes the subject area not well suited to the onsite disposal of waste water or stormwater. Although mechanisms can be put in place to address this (inverted drainage and the like), it would be a more sustainable solution to connect the development to mains sewer.

- Section 4.1.6.2 of the submission document states that Total Nitrogen and Total Phosphorous levels recorded for the site regularly exceeded the Swan Coastal Plan and ANZEEC trigger values, as well as three metals exceeding the ANZEEC trigger values. Onsite disposal of effluent and industrial waste water can be expected to further compound these issues.

- Section 5.1.19 of the submission document incorrectly states that the Country Sewerage Policy does not apply to the subject area. Schedule 1 of the Country Sewerage Policy document identifies local government localities as districts (not individual suburbs) with established sewerage schemes. As such, Bunbury and Dardanup are identified in this Schedule. Given that the subject area is not considered “remote” from either of these towns, it should be connected to sewer.

- Section 7.2.4 of the submission document discusses the issue of not wanting industrial development opportunities to be limited (i.e. allowing for a diversity of lots sizes down to 2,000m² and an intensity of mixed general purpose industrial land uses including “commercial or business centre”) - having no mains sewer connection will severely limit the types of development allowable on the site.

- Section 7.3.2 of the submission document incorrectly states that the development site would be classified as being “remote” from current sewer services. It would be preferable to communicate directly with the Water Corporation on the issue of providing a reticulated sewerage network to ensure the most accurate information is being used in the assessment of the proposal.

- There are numerous references made throughout the submission document to the need for development to be “sustainable”. Indeed, under section 5.1.9 of the document it is stated that:

A key aspect of this report, and what underpins the proposed rezoning request, is the need to seek ‘balance and avoid conflict’ for development on this site.

Therefore, to fully achieve this goal of a sustainable industrial estate, provision of mains sewer to all future lots in the subject area will be necessary.


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10.5.2 Public advertising of Draft Back Beach Tourism Precinct Concept Plan

File Ref: A05510 Applicant/Proponent: City of Bunbury Author: Ann-Kristin Jank, Senior Strategic Planner

Thor Farnworth, Manager Sustainability and Integrated Land Use Planning

Executive: Bob Karaszkewych, Director Planning and Development Services

Attachments: Appendix DPDS-1, DPDS-2, DPDS-3 Summary The goal of the Draft Back Beach Tourism Precinct Concept Plan is to facilitate public and private sector stakeholders in the creation of an important tourism precinct in the City of Bunbury (refer to attached Appendix DPDS-1 to this report). Purpose The draft Concept Plan is to guide the planning and development of the precinct area for an appropriate range of unrestricted residential, short stay accommodation and non-residential uses oriented towards tourism based activities. The development of the Back Beach Tourism Precinct as envisaged by this Concept Plan is intended to not just make a significant contribution to tourism in Bunbury, but to also create a place that is an asset to the city in contributing to the whole of its community and economy. The vision for the precinct is to enable residents and visitors to stay in a unique place that has an outlook to the Indian Ocean and proximity to a vibrant regional city centre with a beachside lifestyle. It is proposed that the draft Concept Plan be advertised for public comment for a period of at least 30 days, in order to test community and other stakeholder opinions and to gain ideas for its refinement. Subject to the outcomes of consultation, it is anticipated that the refined Concept Plan (along with a summary of comments) will then be presented to Council for its consideration to adopt as a guide for the preparation of future:

- submissions for scheme amendments;

- applications for structure plan, subdivision and planning approvals;

- revised Scheme and local area planning;

- grant funding submissions for improvements to community facilities (e.g. Bunbury Surf Life Saving Club, etc); and

- capital works programmes for enhancement of public open space and recreational amenities.

Executive Recommendation That Council invites public comment and contribution of ideas on the Draft Back Beach Tourism Precinct Concept Plan during an adverting period of at least 30


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days in order to inform the preparation of the final draft document. Background The need for undertaking the Back Beach Tourism Precinct Concept Plan project arose out of:

- a history of development proposals prepared in isolation that have lacked adequate community and/or market acceptance in a strategic location of the City; and

- the emerging need for a holistic conceptual plan to guide the coordinated and integrated development of the area as a precinct that is more optimally developed as an asset to the city.

The process for preparing the draft Concept Plan has achieved the following milestones to date:

- First charrette workshop conducted with staff on 17 February 2012 to kick off the project in scoping the precinct boundaries, vision, objectives and general parameters.

- Second charrette workshop conducted on 3 May 2012 to explore the working draft vision and range of development parameters in detail.

- Workshop with Councillors on 10 May 2012 to confirm the vision and gain direction on desired approach and outcomes.

- Key stakeholder consultation during June and July 2012 as a reality check and to promote consensus of opinion.

Council Policy Compliance The Draft Back Beach Tourism Precinct Concept Plan responds to both adopted:

- City of Bunbury Local Planning Strategy for Tourism; and

- City of Bunbury Tourism Strategy. Legislative Compliance The draft Concept Plan itself has no legal status, however, the adoption of the Concept Plan as a policy position of Council will provide guidance to landowners in establishing a shared vision for the precinct’s development. The benefit of a concept plan as a starting point in the planning process is that it is unfettered by the requirements of a statutory planning instrument, and hence, can articulate outcomes in a manner that gives some degree of certainty whilst retaining all possible flexibility. Subsequent scheme amendment, structure plan and development proposals should therefore reflect the intent of the Concept Plan’s ultimate objectives and principles as well as the defined parameters in seeking to achieve the vision for the precinct’s development as one of the City’s key tourism areas. Officer Comments Special Use Zone 1 - Hotel (S.U.1) encompassing Lot 76 Ocean Drive has been earmarked for tourism development since Town Planning Scheme No.6, but has remained vacant. When approached by landowners seeking to develop SU 1 for


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potentially single houses and the redevelopment of Special Use Zone 31 - Restaurant and Motel (SU 31) for potentially short stay dwellings - the city sought to assist by undertaking the preparation of an overall Concept Plan for the integrated development of the area. This more holistic approach in terms of treating all land in the area as a defined ‘precinct’ was considered more beneficial than dealing with each property and landowner separately. The need for a proactive response was also recognised due to the strategic significance of the precinct as an important future tourism destination for Bunbury. The preparation of the draft Concept Plan was initiated through charrette workshops, similar to that of an ‘enquiry by design’ process; which involved representatives from each directorate of the City of Bunbury. The charrette methodology is an intensive and hands-on approach that brings together people with different skills and backgrounds to explore design options for a particular area or site. The goal of the charrette process was to capture the vision, values, and ideas of the participants. This work was further augmented by input from the consultants (The Planning Group (TPG) Pty Ltd) acting on behalf of the landowners of Lot 1, 2 and 76 Ocean Drive. The resulting draft Concept Plan provides a broad analysis of the study area’s context in relation to constraints and opportunities, and presents a spatial framework for desired development outcomes for both the private and public realm in terms of setting optimal land use and urban design parameters. Analysis of Financial and Budget Implications Adoption of the Concept Plan has no impact on the existing Annual Budget, nor are there any expenses resulting from the recommendation, as all work has been done in-house. It can be expected that a future scheme amendment to permit development of land within the precinct in accordance with a structure plan will require some form of infrastructure cost share arrangement where deemed necessary. Under the Planning and Development Act 2005, the necessary infrastructure works (e.g. roads and drainage) to permit the development of private land will be provided by landowners at their cost through the normal land subdivision and planning approval processes. Land for public purposes or open space and recreation will be vested in the Crown according to the standard contribution of 10% of the gross subdivisible area under section 152 of the Planning and Development Act 2005. Alternatively, under section 153 of the Act landowners may pay cash in lieu of setting aside land for the improvement or development of public open spaces identified in the draft Concept Plan. The further enhancement of public open spaces over and above development contributions will be in accordance with the City of Bunbury’s capital works program, which will be phased in a manner that is consistent with identified priorities and funding opportunities. Community Consultation Key stakeholders have been consulted throughout the drafting of the Concept Plan (refer to Communication and Consultation Programme at Appendix DPDS-2


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attached to this report). However, ultimately the vision and even the name of the precinct must have ownership by the community. Therefore, it is proposed that the draft Concept Plan should be advertised for public comment for a period of up to a month. The aim of the public advertising period would be to test community and other stakeholder opinions and to gain their ideas for the Concept Plan’s refinement. It is envisaged that during the public advertising period, copies of the draft Concept Plan can be downloaded from the City of Bunbury website. In addition, to ensure the broadest possible readership of the draft Concept Plan a summary leaflet (refer to Appendix DPDS-3 attached to this report) will also be sent to adjoining landowners and made available online or from Council’s customer services front desk. Media releases will also accompany public advertising and will be vetted by the CEO and the City’s Media and Communications Officer. It is acknowledged that place names are important because they reflect the location’s history and identity. The most commonly known name with any historical recognition for this area is “Back Beach”. However, as part of creating an identity for this new precinct we would invite comments for potentially alternative names for this place that may better embrace the vision of this draft Concept Plan and the future perception of this precinct to residents and visitors. Councillor/Officer Consultation Staff across other Directorates and Councillors have taken part in a number of charrette and workshop sessions to inform the draft Concept Plan (details in Background).


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10.5.3 Final Approval - Amendment No.62 – Proposed Rezoning from “Special

Use 4 – Pre-Primary School, Church and Hall” to “Residential – R20/30” – LOT 74, DP 23304 (No.35) Winton Street Carey Park

File Ref: A05407 Applicant/Proponent: BSO Development Consultants Author: Teshome Tadesse, Senior Town Planning Officer Executive: Bob Karaszkewych, Director Planning and

Development Services Attachments: Appendix DPDS-4, DPDS-5

Summary The proposed Amendment to the Scheme is to rezone Lot 74 (No.35) Winton Street, Carey Park from “Special Use 4 – Pre-Primary School, Church and Hall” to “Residential – R20/30”. The proposal is consistent with the surrounding residential developments in the immediate locality. It is recommended that Council adopt Scheme Amendment No.62 to the City of Bunbury Town Planning Scheme No.7 (TPS 7). Executive Recommendation That Council:

1. In accordance with the Planning and Development Act 2005 resolves to adopt Scheme Amendment No.62 to the City of Bunbury Town Planning Scheme No.7 by rezoning Lot 74 (No.35) Winton Street, Carey Park from “Special Use 4 – Pre-Primary School, Church and Hall” to “Residential – R20/30” (attached at Appendix DPDS-4); and

2. Refers the Scheme Amendment No.62 documentation to the Western Australian Planning Commission for final approval in accordance with the provisions of the Town Planning Regulations 1967.

Background Council at its meeting held on 28 February 2012 resolved as follows:

“Council Decision 28/12

That Council:

1. In accordance with the Planning and Development Act 2005 resolves to initiate Scheme Amendment 62 to the City of Bunbury Town Planning Scheme No. 7 by rezoning Lot 74 (No. 35) Winton Street, Carey Park from “Special Use 4 – Pre-Primary School, Church and Hall” to “Residential – R20/30”.

2. Refer the proposed Scheme Amendment 62 documentation to the Western Australian Planning Commission for approval to advertise for public comment.

3. Refer the proposed Scheme Amendment 62 documentation to the Environmental Protection Authority for approval to advertise for public comment.”


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Council Policy Compliance The proposed Scheme Amendment No.62 is not in conflict with any Council policies. Legislative Compliance If Council resolves to adopt the proposed scheme amendment, then the scheme amending documentation, together with the schedule of submissions and Council’s resolution, is to be referred to the WAPC for its endorsement and referral to the Minister for Planning for final approval and gazettal. Strategic Relevance It is considered that the broad direction of the City of Bunbury Strategic Plan – Key Strategies 2007 - 2012 would not be compromised by adopting Amendment 62 to Town Planning Scheme No.7. Officer Comments The purpose of Amendment No.62 is to facilitate a residential development on the subject land by rezoning the current “Special Use 4 – Pre-Primary School, Church and Hall” to “R20/30”. It is noted that the current landowners (Bunbury Roman Catholic Church) has no intention to continue with the current uses of the land as Special Use 4 – Pre-Primary School, Church and Hall. The subject land has an area of 6556 m² and two street frontages i.e. Winton Street (north) and Locke Street (south). Subject to Clause 5.3.2 of TPS 7, the site can be developed to the maximum allowable R30 density. It is surrounded by residential developments on all sides and the proposed Residential zone with “R20/30” density is consistent with the residential density applicable in the locality; and therefore can be supported. A location plan is attached at Appendix DPDS-5. Analysis of Financial and Budget Implications The recommendation will not impact on the existing Annual Budget nor result in expenses from Council perspective. Community Consultation The Amendment was advertised for 42 days in accordance with the requirements of the Planning and Development Act 2005 and associated Town Planning Regulations 1967. In terms of advertisement, Development Services has undertaken the following actions: - Erected 2 advertisement signs onsite

- Put necessary documents for displayed in City’s office

- Posted advertisement on City’s website and in newspaper

- Letters sent to adjoining landowners/occupiers.


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At the end of the advertisement period three (3) submissions were received one (1) from the general public and two (2) from government agencies. The submitter from the general public supports over 55’s development but not Homeswest development. This cannot be considered as an objection as such nor can it be considered as a valid reason for consideration by Council. Councillor/Officer Consultation Officers from Development Assessment and Building Certification have analysed the proposal and provided inputs as required. Delegation of Authority The adoption of a Scheme Amendment is by the decision of Council.


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10.5.4 Change of Use from Multiple Dwellings to Multiple Dwellings/ Unrestricted

Residential Accommodation

File Ref: P09991 Applicant/Proponent: Harley Global Author: Kelly Shore, Planning Officer

Gary Fitzgerald, Manager Development Assessment and Building Certification


Attachments: Appendix DPDS-6, DPDS-7 Summary The proposal involves a Change of Use from Multiple Dwellings to Multiple Dwellings/ Unrestricted Residential Accommodation for seven (7) existing units at Strata Lot 1 (Units 1-7 No. 3) Upper Esplanade, Bunbury. A location plan is attached at Appendix DPDS-6. Executive Recommendation Council, pursuant to the provisions of the Planning and Development Act 2005 (as amended), hereby resolves to: - Grant Conditional Planning Approval for the proposed Change of Use

from Multiple Dwellings to Multiple Dwellings/ Unrestricted Residential Accommodation at Strata Lot 1 (Units 1-7 No.3) Upper Esplanade Bunbury.

Note: Conditions to be to the satisfaction of the Manager Development Assessment and Building Certification. Background The land is currently zoned “Residential” R60 under the City’s Town Planning Scheme No. 7 (TPS7). Council Policy Compliance The proposal has been assessed against the provisions of the Local Planning Policy: Unrestricted Residential Accommodation (LPP:URA) adopted by Council on 17 May 2011. The proposal generally satisfies all of the Policy Objectives under Section 3 for facilitating Unrestricted Residential Accommodation use in conjunction with a residential use, and the criteria of Section 5 in providing a suitable existing site incorporating a whole-of-site development with the support of all land owners. Legislative Compliance Under Clause 9.4.1 (b) of TPS7, the proposal has been advertised for a period of 21 days, as a use-not-listed in the Zoning Table.


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Officer Comments The key criteria of assessing this proposal is related to the LPP:URA. Under Schedule 1 of TPS7, the use class is defined as follows:

“Unrestricted Residential Accommodation” means a dwelling or dwellings (either single, grouped or multiple) that may be occupied either permanently as a residential dwelling or temporarily for short-stay accommodation.

The proponent is seeking approval for a “Multiple Dwelling/ Unrestricted Residential Accommodation” use under Clause 8.2 of the LPP:URA for a Change of Use of the seven (7) existing multiple dwellings on site. The proposal is generally in accordance with the policy with regards to Development Standards and Operational Management. The proposal does not however meet the specific requirements of Clause 8.3 of the LPP:URA, as the subject site is not located within one of the following zones:

(a) the City Centre Zone as depicted within the Scheme Map; or

(b) Special Use Zones subject to specific provisions contained within the Scheme.

Under Clause 9.2 of the LPP: URA the local government may exercise its discretion ensuring that the variation will not contravene the following provisions of the Scheme:

(a) intent and objectives of the local planning policy;

(b) section 1.6 The Aims of the Scheme;

(c) section 4.2 Zone Objectives; and

(d) section 10.2 Matters to be Considered by Local Government. The proposal has been assessed with due regard to the provisions of TPS7 and is not found to contravene the broad objectives of the Residential Zone. The Planning Department recommends a variation to Local Planning Policy: URA to allow the proposal to be supported. In support of this, the City’s Local Planning Strategy for Tourism (adopted 19 May 2009) has been addressed. The proposal represents an alternative to short stay accommodation on the edge of both the CBD and the coast. As identified in the tourism strategy the site is located within the ‘Core Tourism Area’ of the City and more specifically within the ‘Runners Oval Strategic Tourism Location’ where Unrestricted Residential Accommodation is permissible under the LPS Tourism, extract as attached, Appendix DPDS-7. Community Consultation Under Clause 9.4.1 (b) of TPS7, the proposal has been advertised for a period of 21 days, as follows:

- Letters to adjoining land owners.

- A sign posted on site for the entirety of the advertising period.


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- Letter to Tourism Southwest requesting comment.

- Advertisements in the Bunbury Mail, “City Focus” on Wednesday, 25 April 2012 and again on Wednesday, 2 May 2012.

No written submissions were received during the advertising period. Councillor/Officer Consultation The application had been considered by the City’s Development Assessment Unit, which has cross-divisional representation. Economic, Social, Environmental and Heritage Issues Economic As an alternative form of short stay accommodation in proximity to the CBD and coast, the proposal presents a benefit to the local employment and to the tourism industry. Social Support of this proposal supports a range of tourism accommodation in the CBD that caters to a wide demographic. The existing surrounding properties are a combination of multiple dwellings, grouped dwellings and single houses that are capable of providing a similar activity or are already operating as such. There are also hotels, bed and breakfasts and backpackers’ facilities within the locality. The advantage of having tourist accommodation within close proximity to both the Bunbury CBD and the Back Beach foreshore, (located in the Runners Oval STL) is that this location encourages tourists to stay in the City to access local tourist attractions within walking distance. The maximum number of guests accommodated per unit is five (5), allowing for a wider demographic of tourists in the City. Environmental Landscaping associated with this development should contribute to the aesthetics of the site and locality. Relevant Precedents It should be noted that this is the first instance of a proposal for a Multiple Dwellings / Unrestricted Residential Accommodation development application assessed under the City’s Local Planning Policy: URA. Therefore, the recommendation is not based on precedent, and is assessed on merit with local planning policy guidance, and the provisions of the Scheme. It is also noted, under Part 8.3 of the Local Planning Policy: URA that there are areas to be considered for future inclusion in the policy as part of a Policy Review, with due regard to the local tourism strategy, that is:

“Areas of the City within which Unrestricted Residential Accommodation use may be considered for support by Local Government will be subject to future review and revision in accordance with clause 13.2 of this LPP. In undertaking this review, particular regard shall be paid to guidance


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contained within the adopted City of Bunbury Local Planning Strategy for Tourism”.

As such, it a reasonable to assume that the Runners Oval STL may form a part of this review in the future.


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10.5.5 Demolition of 19 Independent Living Units and Construction of 20 New

Independent Living Units and a Community Purpose Hall

File Ref: P10355-07 Applicant/Proponent: Morley Davis Architects Author: Kelly Shore, Planning Officer



Attachments: Appendix DPDS-8, DPDS-9 Summary The proposal is for a redevelopment of the Wattle Hill Lodge Aged Care Complex at Lot 613, No.2-6 Wattle Street Bunbury. The existing complex consists of a 62 bed aged care hostel and 52 Independent Living Units (ILU’s). The proposed development includes the demolition of 19 Independent Living Units and construction of 20 new Independent Living Units and a Community Purpose Hall, see attached Appendix DPDS-8. Executive Recommendation Council, pursuant to the provisions of the Planning and Development Act 2005, hereby resolves to: - Grant (conditional) Planning Approval to Morley Davis Architects in

respect of 20 new Independent Living Units and a Community Purpose Hall at No.2-6 Wattle Street Bunbury.

Background The land is currently zoned for an ‘Aged Persons Home’ under “Special Use zone No. 47” of Schedule 2 of the City’s Town Planning Scheme No. 7 (TPS7). The City issued Preliminary Planning Comments to Morley Davis Architects (the Applicant) on 14 February 2012, which addressed planning criteria and outstanding issues. The corresponding report submitted with the Development Application has attempted to address twenty-one (21) points raised by the Planning Department. The subject site has registered Memorials on the Certificate of Title under the Retirement Villages Act 1992, and the Land Administrations Act, 1997 which require tenants to be over the age of 55, and their respective spouses only. Council Policy Compliance The proposal has been assessed against the provisions of Town Planning Scheme No. 7 and the provisions of the Western Australian Planning Commission’s Residential Design Codes (2008).


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Legislative Compliance Under Clause 9.4.1 (a) of TPS7 the proposal has been advertised for a period of 21 days, as an ‘A’ use in the Zoning Table for a Residential Zone. Officer Comments The City considered the proposal in February 2012 and issued preliminary comments that addressed the City’s concerns regarding development of the site. The lodgement of the current Development Application is accompanied by a report which addresses the twenty-one (21) issues that were raised by the City at the preliminary stage (see Development Application Report, by Morley Davis Architects, 16, April 2012 - Part 6.0: Preliminary Comments). As an ‘Aged Person’s Home’ the site is subject to alternative requirements under the Residential Design Codes (R-Codes) Clause 6.11.2: Aged or dependent person’s dwellings. For the purpose of this clause, the dwellings are found to satisfy the Performance Criteria requirements for meeting the needs of aged or dependent persons, and will also be required to meet the specifications of Australian Standard AS 4299:1995, for Adaptable Housing. The site is 27,828m2 in area, and under R40 residential density provisions, it may accommodate up to 126 dwellings. The proposed redevelopment increases the existing number of units on site by one unit. The redeveloped Aged Person’s facilities will comprise a 62 bed aged care hostel (which includes two (2) respite beds and ten (10) secure dementia beds) and 53 Independent Living Units. The average site area per proposed ILU lot is 212.1m2. The R-Codes require a minimum of 200m2/ average of 220m2 per lot. However with a density bonus of up to one third for aged or dependent person’s dwellings under the R-Codes Clause 6.1.3: Variations to the minimum site area requirements the minimum site area required is reduced to 133.3m2. All of the proposed ILU’s have a minimum of one car parking bay and a gopher bay for private use, and additional access to six visitors parking bays. The first visitor’s car space located at the community centre is wheelchair accessible, and shall be designed in accordance with Australian Standard AS4299:1995 clause 3.7.1. The proposed Community Hall consists of a lounge room, veranda, store, restrooms, and kitchen facilities and is for the sole use of residents of the facility and their guests only. It does not provide a meal service to the public. Due to the steep topography, there is extensive proposed retaining within the site and around the perimeter. The retaining walls will be designed to minimise long expanses of blank wall, and fencing height on top of the wall adjacent to the parks and recreation reserve to the south will be limited to 1m in height. Anti graffiti treatments will be required on all retaining wall surfaces facing a public reserve or street. Landscape screening will also be incorporated along the POS and Wattle Street elevations. The pedestrian accessway located between the upper and lower internal streets give resident’s access to the Community Hall and the existing portion of the facility. As the path is approximately 80m in length, it shall be designed to provide


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a safe thoroughfare with adequate lighting, sight lines, passive surveillance and resting points for the residents. Analysis of Financial and Budget Implications Not Applicable Community Consultation Under Clause 9.4.1 (a) of TPS7 the proposal has been advertised for a period of 21 days, as an ‘A’ use in the Zoning Table for a Residential Zone, as follows: - Letters to adjoining land owners. - Two (2) signs posted on site for the entirety of the advertising period. - Two (2) consecutive advertisements in the Bunbury Mail, “City Focus”. After the closing of the public advertising, six (6) submissions were received; four (4) from public service authorities and two (2) from private residences (see Schedule of Submissions) attached at Appendix DPDS-9. The Planning Department has determined that no changes to the design will be required as a result of the consultation process. Councillor/Officer Consultation The application had been considered by the City’s Development Assessment Unit, which has cross-divisional representation.


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10.6 Director Strategic Integration Reports

Nil reports

10.7 Director Works and Services Reports 10.7.1 MRWA Support for Dedication of Road – Lot 10 Moorland Avenue

Bunbury

File Ref: R00316 Applicant/Proponent: Main Roads Wester Australia Author: Mark Robson, Manager Contracts and Property Executive: Phil Harris, Director Works and Services Attachments: Appendix DWS-1, DWS-2

Summary On 16 July 2012 the City of Bunbury received correspondence from Main Roads Western Australia (MRWA) requesting Council support their request for dedication of land as road under section 56 of the Land Administration Act 1997. Executive Recommendation Under Section 56 of the Land Administration Act 1997 the Council concurs to the dedication of land as contained in the attached Main Road Western Australia drawing 201202-0375, site plan and correspondence dated 16 July 2012. Background The Eelup roundabout upgrade project required additional land space on existing Traffic Bridge over the Preston River removing an area that was previously allocated for pedestrian access. MRWA is now constructing a new pedestrian bridge over the Preston River adjacent to the current road traffic bridge and additional land is required to place anchor points for the new construction and also maintain vehicular access to the Preston River foreshore area. The land required is a small wedge from Lot 10 Moorland Avenue as shown on the MRWA Land Dealing Plan 201202-0375 (as attached at Appendix DWS-1) and as outlined in yellow on the site plan attached at Appendix DWS-2. Council Policy Compliance No current policy applies


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Legislative Compliance The Land Administration Act 1997 requires Council to pass a decision supporting the MRWA request. Officer Comments MRWA are in discussion with the land owner and are negotiating settlement. Analysis of Financial and Budget Implications MRWA will bare all costs in relation to the dedication. Community Consultation Action taken under section 56 of the Land Administration Act 1997 requires no community consultation. Councillor/Officer Consultation The City’s Directors have considered the proposal and have no objections. Delegation of Authority Main Roads Western Australia and the Department of Regional Development and Lands require the consent of the City of Bunbury via a formal Council decision. Relevant Precedents Council has previously resolved similar dedication of land requests in compliance with section 56 of the Land Administration Act 1997.


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11. Applications for Leave of Absence

12. Motions on Notice 13. Questions on Notice 13.1 Response to Previous Questions from Members taken on Notice 13.2 Questions from Members

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


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15. Meeting Closed to Public 15.1 Matters for which the Meeting may be Closed 15.1.1 Bunbury Setagaya Sister Cities Committee – Incoming Tour Leader

File Ref: A05260 Applicant/Proponent: Internal Report Author: Jenni Brown, Executive Officer Bunbury Setagaya Sister

Cities Committee Executive: Andrew Brien, Chief Executive Officer Attachments: Confidential Appendix CRUSC-1

A confidential report and recommendation has been circulated to members under separate cover (Confidential Report CRUSC-1).


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15.1.2 SAT Mediation Section 31 – Atlas Point Pty Ltd and ANOR vs. City of

Bunbury (DR 37/2012

File Ref: P08385.07 Applicant/Proponent: Atlas Point Pty Ltd and ANOR Author: Teshome Tadesse, Senior Planning Officer; and



Attachments: Confidential Appendix CRUSC-2 A confidential report and recommendation has been circulated to members under separate cover (Confidential Report CRUSC-2).


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15.1.3 Lot 41 Columbine Terrace Glen Iris

File Ref: P11405 Applicant/Proponent: Internal Report Author: Mark Robson, Manager Contracts and Property Executive: Wayne Wright, Director Corporate Services Attachments: Confidential Appendix CRUSC-3

A confidential report and recommendation has been circulated to members under separate cover (Confidential Report CRUSC-3.


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15.1.4 Proposed 2012-13 Community Funding Allocations

File Ref: A05549 Applicant/Proponent: Internal Author: Caris Gibson, Team Leader Community Development Executive: Stephanie Addison Brown Director Community and

Customer Services Attachments: Confidential Appendix CRUSC-4

Summary The purpose of this report is for Council to consider the allocation of funds under the Community Funding Policy. Recommendations for each proposed allocation, is attached at Confidential Appendix CRUSC-4 and submitted to Council for endorsement. Executive Recommendation That Council;

1. In accordance with the Community Funding Policy distributes $89,371 from the 2012-13 community funding Budget to the proposed recipients.

2 Invite applicants to complete or attend a City of Bunbury community funding workshop prior to the 2013-14 community funding round.

Background In April 2012 comprehensive research into Local Government Funding policies and the City of Bunbury funding policy was undertaken. In April 2012 a report was presented to Council to adopt a revised Community Policy. This policy now provides an annual process to assess the community funding requests. Four (4) categories have been identified and capped values allocated to ensure consistency and a maximum allocation of $100,000. City of Bunbury Community Funding eligibility:

- Only applications for the ensuing financial year will be considered.

- The applicant must be registered/ incorporated.

- The applicants must supply appropriate insurances and financial statements.

- The applicant must supply a copy of their constitution.

- The applicant must appoint an authorised officer for this application process and acquittal requirements.

- The amount requested must not be no more than 50% of the total cost of the identified event, program or capital purchase.

The policy also outlines that funding will not be provided for operating expenses including staff wages; vehicle costs, meeting expenses, utilities and catering.


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Council Policy Compliance Council Policy CL1 relates to the community funding policy that was endorsed by Council on the 24 April 2012. Legislative Compliance Nil Officer Comments

Twenty nine (29) applications have been received for community funding allocations in 2012-13, of these twenty three (23) meet the eligibility criteria and are recommended for cash and/or in kind allocation. The applications that are recommended as unsuccessful did not meet one or more aspects of the funding eligibility. Three out of the four categories were oversubscribed.

As there is a limit to the funding available in each category the recommended total allocation for many applicants is lower than their requested amount. In order to determine appropriate funding amounts individual line items were assessed. For example, staff/contractors wages were not eligible to qualify for funding. This has resulted in Council funds being allocated to a large number and diverse range of community projects.

To encourage more active communities a community funding workshop is recommended to be held early next year to encourage capacity building in local community groups. It is envisaged the workshop will be run by City of Bunbury staff and cover information provision of a range of community grants available from various organisations, how to write an application and advice on the City of Bunbury community funding submission process.

Analysis of Financial and Budget Implications The total amount available for allocation in the 2012/2013 annual budget is $100,000. It is recommended that $89,371 be allocated to the proposed recipients. As noted earlier, four categories have been identified and capped values allocated to ensure consistency and a maximum allocation of $100,000. Community Consultation All applicants responded to either mail or newspaper advertisements promoted during May and June 2012. Applications closed on 22 June 2012. Councillor/Officer Consultation On Monday, 16 July 2012 the twenty nine (29) applications were considered in detail by an assessment panel comprising of staff identified below:

- Team Leader Community Development, Caris Gibson - Bookings/Events Officer, Wendy Smith - Events Officer, Nardine Walford Jones - Executive Assistant to Director Community Services, Anna Edmundson.


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15.1.5 Museum Feasibility Studies

File Ref: A01262-07 Applicant/Proponent: Internal Report Author: Margy Timmermans, Team Leader Art and Culture

Lauretta Davies, Museum Curator Executive: Stephanie Addison Brown Director Community and

Customer Services Attachments: Confidential Appendix CRUSC-5

Appendix DCCS-7, DCCS-8 Summary In April 2010, Council endorsed the concept of the establishment of a Bunbury Museum and appointed a full time Curator and Administration Assistant to establish the Bunbury Museum Advisory Committee and prepare the development phase of the Museum. The Council has recently received presentations on the feasibility of locating future Cultural and Arts facilities in the Bunbury CBD and Leschenault Inlet foreshore area. The Museum Feasibility Study by Integrated Project Creation is being discussed in parallel with the Art Gallery proposals. This study specifically examines two sites selected by the Museum Advisory Committee: 1. Bunbury Regional Art Galleries, Wittenoom Street, Bunbury. 2. Bill Brown Building – former Lyric Theatre on the corner of Victoria and

Symmons Streets, Bunbury. A third site shortlisted by the Museum Advisory Committee is the Paisley Centre in Arthur Street, which was the subject of a separate feasibility study completed in 2010 by Mulloway Studio. Museum Advisory Committee Recommendation 1. Council reiterates its support for a local Bunbury Museum.

2. Council note the outcomes of the various feasibility studies in relation to the three short listed sites for the establishment of the Bunbury Museum.

3. Council acknowledges the heritage value to Bunbury of all three sites.

4. Council endorses the Bill Brown/former Lyric Theatre as the preferred site for the Bunbury Museum, however, also recognises that to obtain this building to use as a Bunbury Museum, external funding must be secured.

5. Council to investigate all potential private and government funding opportunities for the purchase, renovation and fit out of the Bill Brown/former Lyric Theatre building to enable it to become the Bunbury Museum.

6. Should external funding commitments for the Bill Brown/former Lyric Theatre not be secured within 12 months, Council endorses the Paisley Centre as the preferred site for the Bunbury Museum.


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7. Council endorses that the Museum Curator commence development of the Museum Collection, exhibitions and public programs in August 2012, prior to and in preparation for the opening of the Bunbury Museum, regardless of which site is finally decided upon.

Background The Bunbury Museum has been the subject of numerous approaches to the City of Bunbury, dating as far back as 1935. Since 1998, the City has undertaken a number of reports relating to the establishment of a Museum or related cultural facilities including consideration of co-locating cultural facilities on Koombana Drive. Following are the Museum reports and feasibility studies of significance:

1998 Bunbury Regional Centenary Museum, Considine and Griffiths Architects, Murex Consultants

2008 Three Water Precinct and Centre Concept Design Final Report, MCA Architects Pty Ltd

2010 Feasibility Study for the Establishment of a Bunbury Museum – Mullaway Studio

2010 Bunbury Regional Art Galleries Feasibility Study – Graham Walne and Peter Alexander

2011-17 City of Bunbury Cultural Map, Sustainable Development Facilitation In 2009, the City of Bunbury appointed Mulloway Studio to conduct a feasibility study into the establishment of a Bunbury Museum at King Cottage or the Paisley Centre. Mulloway Studio summary recommendations were as follows:

- Establish the major public face and gallery spaces of a city museum within the Paisley Centre.

- Retain King Cottage primarily as a heritage site, developing a detailed interpretation plan for the place together with a programme of dialogic exhibitions.

- Provide up-to-date conservation and storage facilities for the city museum at King Cottage together with space for the Historical Society.

Council resolutions pertaining to the Bunbury Museum The Mulloway Studio report was received and noted and Council resolved the following at the April 2010 meeting:

Council Decision 68/10 1. The Mulloway Studio study be received and noted. 2. Council endorses the concept of the establishment of a Bunbury

Museum. 3. Council consider the provision of adequate funding in the 2010/11

budget for the appointment of a full time curator and part time administration assistant (approximately $115,000 as per report but for ¾ year plus activity costings) to work in consultation with the Bunbury Historical Society in both:


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a. preparing for the establishment of a museum (e.g. recommending a collections policy, conservation policy and possible themes); and

b. advice and curatorial assistance for King Cottage Museum and other historical groups in Bunbury.

4. Council consider the provision of adequate funding in the 2010/11 budget for design costs associated with the planning for a Bunbury Museum.

5. A Bunbury museum steering committee be established for the development phase of the museum. Terms of reference and suggested membership for this committee to be recommended by the Executive Manager City Life and referred to Council for consideration.

In accordance with the resolution, the Executive Manager City Life prepared proposed membership and terms of reference for a Bunbury Museum Steering committee, and on 8 June 2010 Council resolved the following:

Council Decision 107/10 1. Council approve membership of the Bunbury Museum Advisory

Committee as follows: - His Worship the Mayor Mr D Smith (Chair) – voting - Two (2) Councillors Cr Steck and Cr Harrop – voting - Three (3) Community Members – voting - Executive Manager City Life – voting - Executive Officer – non-voting Input will also be sought from relevant other sources as required e.g. Planning Services.

2. Council approve terms of reference for the Bunbury Museum Advisory Committee as follows: - To develop criteria for the selection of a site for a Bunbury

Museum - To identify a range of possible site with regards to the above

criteria - To investigate feasibility of site and report back to Council on

findings. 3a) Council investigate the potential of leasing 79 Forrest Avenue

(adjacent to King Cottage) with a view to: i) Accommodating the offices of a Museum Curator and

Administration Assistant ii) Providing ancillary storage and conservation areas for King

Cottage; and iii) Providing an interim collection and storage area for artefacts

and other objects for a future Bunbury Museum 3b) That information as to the potential lease be returned to Council in

time for consideration in the 2010/2011 budget. Establishment of Museum Advisory Committee The Museum Advisory Committee held its first meeting on 18 April 2011 with Ms Clare-Frances Craig from the Western Australian State Museum attending in an advisory capacity. Five meetings were held between 18 April 2011 and 1 March 2012. The Museum Advisory Committee minutes were noted by Council following each meeting.


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Items for discussion related to the preparation of museum site criteria, themes and a draft Collection Policy to guide the site selection. Members of the Committee also visited the newly-completed Wanneroo Museum to research current Museum best practice. The Museum Advisory Committee considered the following key criteria for museum site selection, namely:

- Heritage potential or limitations

- Site Visibility/profile

- Availability - (occupied/unoccupied)

- Internal layout suitability including size and capacity, display and public space,

- Conservation/storage space, and areas for administration/ retail/ toilets, and

- Operating cost – estimates Museum Site Selection Process The thirteen (13) sites eventually proposed were reduced to six (6) and these were compared against the selection criteria. The sites were:

- The existing Bunbury Regional Art Galleries

- An extension to the existing Bunbury Regional Art Galleries

- The former Lyric Theatre /Bill Brown building

- The Paisley Centre (already the subject of the Mulloway Studio report)

- The Lighthouse Beach Resort

- The Old Railway Station/Visitor Centre. On 11 August 2011, the Museum Advisory Committee adopted the following recommendation that these 3 sites be considered for further evaluation.

- The Bunbury Regional Art Galleries including any extensions,

- The Paisley Centre and

- The former Lyric Theatre/Bill Brown Building

Museum Feasibility Study Brief On March 1 2012, a consultants’ brief was adopted by the Museum Advisory Committee. A feasibility study had already been conducted on the Paisley Centre (Mulloway Studio, 2010) and had concluded that a museum on the site was feasible. It was decided to focus the consultant’s attention on assessing the feasibility of the remaining two sites as an interim museum (a copy of the feasibility studio from Mullaway Studios is attached at Appendix DCCS-7).

- The existing Bunbury Regional Art Galleries site; and

- The former Lyric Theatre/Bill Brown building.


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Integral Project Creation (IPC) was the consultant appointed to conduct the Feasibility Study and the final Report with recommendations was received on 1 August 2012 (a copy of the IPC report is attached at Appendix DCCS-8). Importance of Cultural Heritage and the West Australian context: In 2011, the West Australian Heritage Minister, John Castrilli, launched the State Cultural Heritage Policy - the first heritage policy formally adopted by the Western Australian Government:

“Heritage is important in understanding the story of Western Australia – its history, identity and its people.

Heritage can incorporate both the tangible and the intangible. It is present in many forms such as landmarks, places, buildings and contents, spaces, views and the stories associated with them.

A recent national survey showed that 92% of Australians value heritage as a core part of our national identity.

As a community, we share the responsibility to identify and respect what is important, and pass on these places to future generations so they will understand what came before them.

The retention and management of heritage places has an important role to play in protecting the environment, creating vibrant communities and sustaining local economies.

Retaining heritage places amounts to a substantial environmental and financial saving in embodied energy. It avoids the creation of waste and the need for replacement building materials.

Heritage places also contribute to the quality of life and cultural identity of our communities. Many heritage places, such as halls, churches, gardens, schools, and hotels, are the focal point for community gatherings. Privately-owned heritage places and heritage precincts contribute to streetscapes and our sense of belonging.

Utilising and revitalising our heritage places can also assist local economies through employment opportunities and by generating additional revenue, particularly through tourism.

State Government, local governments, property owners and members of the community all have a role to play in ensuring that the valuable asset of our heritage is recognised, respected and promoted”.

Community Engagement and Participation – Western Australia Western Australian community participation rates indicate high levels of interest in museums as cultural venues, with 27% of people aged over 15 living in Western Australia attending a museum at least once in 2010-2011. The Department of Culture and Arts states that 48% of the community believes that arts and culture is valuable in their life, and 65% believes that arts and culture play a valuable role in the community (Source: Department of Culture and Arts, Arts Monitor Report 2011).


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Of those West Australians who visited a Museum, over half (53%) attended once during the 12 month period and 37% attended 2–4 times during the 12-months prior to interview in 2009–10 (Source: Australian Bureau of Statistics, cat. no. 4114.0 Attendance at Selected Cultural Venues and Events, Australia, 2009–10.).

Bunbury Community and Cultural Heritage: Through previous Museum related and associated reports/investigations, and most recently the Bunbury 2030: your city, your say report, the Community have clearly expressed their cultural aspirations for a Bunbury Museum, either as a co-located facility with a Visitor Centre or Noongar Cultural Centre, or as a local museum with regional relevance. Also expressed is the need for Bunbury to develop and articulate its cultural identity and the provision of a specific museum as a repository and keeping place for stories, heritage objects, research and interactive exhibitions for future generations and visitors/tourists alike. This will enable them to readily access and engage with Bunbury’s cultural heritage knowledge, awareness and educational programs. Cultural Mapping The community consultation for the 2011 draft Cultural Mapping exercise for the City of Bunbury reported that: - “Most felt that Bunbury seems to have an identity crisis.” p.99, - Museum Desperately Needed p. 69 and - “the stories should be told and displays should include articles from the

early and current immigrants to showcase the different cultures that have helped form what Bunbury is today. There is no museum in Bunbury to showcase this history and educate people. p. 92”.

The final Cultural Map 2011-2017 report recognises the significance of Bunbury’s cultural heritage in expressing the community’s cultural identity and developing dynamic and memorable cultural spaces and places for the community to enjoy.

Identity Build a stronger cultural identity for the City of Bunbury Place and Spaces Develop a City of relevant, dynamic and memorable cultural

spaces and places Noongar Culture Generate a genuine valuing and understanding of the

original culture of this place Cultural Diversity Increase opportunities to acknowledge, share and celebrate

cultural diversity Engagement Create broader awareness and active participation in cultural

festivities Access Ensure equal opportunity for participation by all people in

cultural and leisure activities Bunbury 2030: your city, your say The newly-released Bunbury 2030: your city, your say, draft Community Consultation report shows that heritage was identified as a priority. Priority topics related to a Bunbury Museum include:


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“Heritage – seen as needing to protect what has existed in the past for future generations to understand their sense of place and Bunbury’s sense of place both locally and nationally.”

“Noongar – need for greater inclusion of their history and culture in the Bunbury story”

“Culture – council seen as needing to provide opportunities to the population to develop, express, connect and interact on all levels”

“Tourism – seen as the panacea for Bunbury and a missed opportunity to the future development of Bunbury in all facets…..”

On the theme of heritage in general, a combined total of 51 responses remarked on heritage, museum and Noongar priorities in the Bunbury 2030 report, more than native bush (36), or jetty (18). Education, which is a key role of 21st century museums, also ranked highly (27 responses), just behind libraries (30 responses). Draft 10 Year Strategic Community Plan The community consultation response from the Cultural Mapping and Bunbury 2030: your city, your say surveys have informed the development of the draft 10 Year Strategic Community Plan. Heritage and museum cultural facility was identified as a key community priority in the Bunbury 2030: your city, your say report. Museum and Heritage Facilities – Existing and Potential Resources A wide range of existing resources have already been identified for the Bunbury Museum. The City of Bunbury has no specific museum collection but has a number of museum standard resources in the Local Studies collection, the Civic, Setagaya and Jiaxing collections, the City of Bunbury Art Collection, and the Public Art collection. For example, maps pre-dating white settlement, items brought to the South West by early settlers, images of the development of Bunbury, oral histories, and personal artefacts are already within the City of Bunbury’s collections, for which documentation has recently been updated and will be upgraded on an ongoing basis. In addition, resources can be loaned for specific purposes, and a number of cultural institutions have already indicated their willingness to assist the Bunbury Museum in this regard. Shipwreck artefacts from the Koombana Bay area are one example of this potential resource. Privately-held collections are also a potential source for the Bunbury Museum. Current Museum and heritage resources have the expertise to curate and build significant cultural heritage exhibitions complemented by the developing ‘Sharing the Collections’ program, which includes a community-based museum initiative, Museum on the Move and a public curatorial service.


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Museum and Heritage Facilities – Exhibition Spaces and Public Education Programs Exhibitions remain key areas for museums, but are no longer static. Instead, the 21st century museum is dynamic, interactive, and focused on its audience development. Permanent and temporary exhibitions are combined with visiting displays and other methods to interpret the Australian cultural heritage experience. Museums share with other cultural resources such as Local Studies collections, art collections, loaned objects and co-located exhibitions spaces. For example, the Bunbury Museum could offer: - Rotating, dynamic and interactive exhibitions - Shared and travelling exhibitions - Festivals and public events (Museum Week, Heritage Festivals) - Event hosting onsite and participation offsite - Talks and visiting speakers - Visits to schools and by schools - Classroom activities pre and post visit - Partnerships with other museums, cultural and community groups - Online collection access and research - Genealogy training - Public curatorial service Heritage has a new role and is recognised as a key component within the Australian Education Curriculum. The new History Curriculum is being implemented nationally in Australian schools, and includes a core emphasis on sense of place, sharing stories of the past, change over time, remains of the past, and using museums as resources to explore local history. This has given fresh relevance to contemporary museums which have moved beyond being repositories of objects to being audience-focused with extensive public programs and community engagement strategies designed to inform, but also to amuse and provoke visitors Cultural Tourism As well as building the community’s awareness of its own heritage, a museum in Bunbury has also been suggested to provide depth to cultural tourism marketing and promotions. The City of Bunbury Tourism Strategy 2009 – 2014, revised in 2011, notes that:

”Bunbury is often perceived as lacking attractions of special significance, with development of attractions such as a Regional Museum and a Noongar Cultural Centre offering quality to the range and mix of attractions, recognising still more may need to be done.” p.14

Tourism Research Australia’s 2009 survey of Cultural and Heritage Tourism in Australia found that international cultural and heritage visitors made up more than half (51%) of all international visitors in 2009.


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The most popular cultural and heritage tourism activities for international visitors were visiting historical or heritage buildings, sites or monuments (62%), followed by visiting museums or art galleries (57%). (Source: Australian Bureau of Statistics, cat. No 4172.0 Arts and Culture in Australia: A Statistical Overview, Museums Fact Sheet, 2010) As a result, museums are a significant part of the economic value of tourism. Research indicates that “Heritage tourists represent extremely high value visitor targets. In Western Australia, “historic places” attract 31 per cent of international visitors, and is the only State where heritage ranks second to “museums and galleries” (35 per cent).” (Source: A Heritage Tourism Strategy for Western Australia, Prepared by the Heritage Council of Western Australia in partnership with Tourism Western Australia, 2006) Proposed Bunbury Museum Site Comparisons This Officer’s Report compares the historical context, the cultural heritage and the community values of the three (3) sites shortlisted by the Museum Advisory Committee: 1. Bunbury Regional Art Galleries, Wittenoom Street, Bunbury. 2. Bill Brown Building – former Lyric Theatre on the corner of Victoria and

Symmons Streets, Bunbury. 3. Paisley Centre, Arthur Street, Bunbury. All three (3) buildings have been formally assessed as having the highest level of Australian heritage value and are on the following lists: - Bunbury Heritage List - Listing on the State Register - Listing on the Register of the National Estate and are - Classified by the National Trust. The Lyric Theatre also has Art Deco Significant Building Survey status. Bunbury Regional Art Galleries Historical Context: The Bunbury Regional Art Galleries building is the former Convent and Chapel of the Sisters of Mercy. It was built between 1897 and 1924 and bought by the City of Bunbury in 1981. (Source: Considine and Griffiths Architects Pty Ltd., Bunbury Regional Art Galleries Conservation Plan, 2000) Its significance assessment notes that the place represents the role of the Sisters of the Convent of Mercy in both pastoral care, the evolution of religious observance and education both for the Catholic community and the Australind-Bunbury region from 1883 until the convent closed circa 1979. Cultural Heritage: The building is vested in the City of Bunbury and highly valued by the community for its promotion of culture and the arts, both in its former religious and teaching roles (especially with respect to music) and its more recent role as an Arts Centre (Bunbury Regional Art Galleries).


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The building contains four main exhibition spaces and the former nuns’ cells, now used for office space. The adjacent St Josephs School and Hall buildings were demolished in 1982 for redevelopment of the site for car parking Community Values: As a Museum site, it could include a key focus on the Sisters of Mercy, the religious way of life, the sisters’ contribution to the Bunbury community, and past students as a social and cultural theme. Bill Brown/former Lyric Theatre: Historical Context: The building has considerable social, recreational and commercial relevance to the history of Bunbury as a community gathering place and cultural heart of the city for more than fifty years. Built by a theatrical entrepreneur in 1905 as a large auditorium with shops fronting Victoria Street, its role has included silent movies and then the “talkies”, vaudeville, black and white minstrel shows, public and private functions such as dances, balls and civic events, a theatre, pro and anti-conscription rallies, returned soldier events, cabaret and a skating rink. The front of the building facing Victoria Street was badly damaged by fire in 1936 leading to the creation of a new façade in Art Deco style the following year. The building was bought by Bill Brown in the early 1960s. A mezzanine floor was added and upper viewing galleries removed. It has been a furniture store and art gallery since that time but the original theatre, projection room and shops are substantially intact. The 1999 Conservation Plan adds:

“Quite clearly if the double level verandas of The former Lyric Theatre were ever reconstructed the building would have a major contribution towards enhancing the historic townscape of Bunbury” (Source: Jean, A, and Brady, W., The Former Lyric Theatre, Bill Brown & Co., The Furniture Store, A Conservation Plan, January 1999.)

Cultural heritage: The former theatre is a central focus of Victoria Street’s one and two-storeyed heritage buildings. At the time of its construction the Lyric theatre was regarded as giving status to the city of Bunbury “putting it on the entertainment map” as the city was a popular holiday destination. The assessment for the State Heritage Office says the building is “a recoverable gem on par with the celebrated His Majesty's Theatre in Perth.” (Source: State Heritage Office, Register of Heritage Places, downloaded 30 July 2012). Full restoration of the building could include removal of the mezzanine floor installed in 1963, which would roughly halve the exhibition space but reduce the cost of load-bearing requirements. The Brown family presently owns the building.


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Community Values: The former Lyric theatre has social and nostalgic value to the local community in its present form as a CBD landmark while older people would remember its use as a dance venue As a Museum site, it could include a key emphasis on popular entertainment and social change. Its large open spaces make it the most versatile of the three shortlisted sites. Paisley Centre: Historical Context: The Paisley Centre has had continuous educational, social and community value as a landmark building in central Bunbury for 125 years. It is a former State School built in 1886, which commemorates the name of Mr T. W. Paisley, its headmaster for twenty years. Originally the Bunbury Boy’s School, the building expanded from 1894 onwards to include a Girl’s School, an Infant School, an administration centre, and a High School, until 1962. As other nearby schools were built, some of the later buildings were demolished, and was taken over by the Bunbury Technical College until 1972. Since 1973 the Paisley Centre has been the Bunbury Tourist Office, the home of the Bunbury Musical Comedy Group, with major internal changes, and most recently, a Dance Studio. It is vested in the City of Bunbury. A major conservation project is scheduled to commence shortly to address damp issues. Replacement of the building’s concrete floor with a timber floor is also being investigated. Cultural Heritage: Externally, the Paisley Centre retains its essential appearance, but not its surrounding context of playgrounds, for example; internally, only the main hall reflects the buildings’ early use as a school. Community Values: The Paisley Centre is significant through its social and cultural associations. Its long association with all phases of education in Bunbury contributes to the community’s sense of place and historical identity. More recently, is has attained a high degree of social significance as a venue for community use and recreational activities. Once the first substantial school building on the site, it is now the last remaining evidence of nineteenth century state education in Bunbury. (Source: Greenward Consulting, Heritage Planning and Policy, Given, C, draft Conservation Plan for the Paisley Centre, 2012.) As a Museum site, it could include a key emphasis on its cultural associations and education growth and changes as social themes.


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Proposed Museum Facility – Building Specifications (all m² approx.)

MUSEUM FACILITY SELECTION CRITERIA

BRAG Bill Brown Building

Bill Brown Building (1st floor not used)

Bill Brown Building (1st floor removed)

Paisley Centre

Building Property Ownership status

City of Bunbury

Brown Family Brown Family Brown Family City of Bunbury

Heritage Status

Listed Listed Listed Listed Listed

Floor Area 1,260m² Two storeys 915m²

Ground floor only 550m²

Ground floor only 550sqm

840m² incl former café space

1. Exhibition and public spaces

480m² 515m² 320m² 320m² 315m²

2. Conservation and Storage spaces

480m² incl lift, studio, workshop

280m² 150m² 150m² 70m²

3. Administration and retail spaces

300m² 2 shops, admin and community history centre 120 m²

2 shops and admin 80m²

2 shops and admin 80m²

80m²

Availability (occupied/ unoccupied)

Occupied For sale or lease

For sale or lease

For sale or lease

Undergoing major refurbishment

Council Policy Compliance City Vision 2007 - City of Bunbury/Greater Bunbury Region

- Social 9: Provide for the housing, interpretation and promotion of art, natural and European history and Aboriginal culture. 9.1 Identify appropriate location/s for the development of facilities that

can accommodate art, natural and European history and Aboriginal culture.

Strategic Plan 2009 – 2014

The Strategic Plan 2009 – 2014 protects and celebrates Bunbury’s Cultural & Built Heritage and the community’s cultural diversity and sense of place in the following strategies:

- Strategy 5.1: Protect Bunbury’s Natural, Cultural and Built Heritage: The City of Bunbury will strive to protect Bunbury’s unique natural environment and cultural and built heritage for the benefit of current and future generations.

- Strategy 6.1: Celebrate and reinforce a positive sense of community: Bunbury is an attractive, vibrant city of people from diverse social, cultural, religious and economic backgrounds. City of Bunbury will acknowledge and celebrate the character of its community.


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Strategic Relevance Cultural Map 2011-2017 The Cultural Map 2011-2017 recognises the significance of Bunbury’s cultural heritage in expressing the community’s cultural identity and developing dynamic and memorable cultural spaces and places for the community to enjoy.

Objective 1: Identity: Build a stronger cultural identity for the City of Bunbury

Objective 3: Place and Spaces: Develop a City of relevant, dynamic and memorable cultural spaces and places

Objective 4: Noongar Culture: Generate a genuine valuing and understanding of the original culture of this place

Objective 5: Cultural Diversity: Increase opportunities to acknowledge, share and celebrate cultural diversity

Objective 6: Engagement: Create broader awareness and active participation in cultural festivities

Objective 7: Access: Ensure equal opportunity for participation by all people in cultural and leisure activities

Draft 10 Year Strategic Community Plan: The community consultation response from the Cultural Mapping and Bunbury 2030: your city, your say surveys have informed the development of the draft 10 Year Strategic Community Plan. Heritage and museum cultural facility were identified as key community priorities in the Bunbury 2030 report. Subsequently, the City of Bunbury’s draft Strategic Community Plan includes the following Goals, Objectives and Strategies: Goal 3 Social Enhancement: Plan and develop cohesive, inclusive, educated and healthy communities with a strong sense of place, access to all essential services and facilities and housing to meet diverse needs. Objective 3.3: Celebrate and conserve our culture and heritage

3.3.1 Provide facilities to house, interpret and promote arts, local history and culture

3.3.4 Preserve local heritage and character of built environs Objective 3.4: Enhance our sense of place, pride and participation in our community

3.4.2 Promote buildings and places that contribute to the amenity of the central business district (CBD)

3.4.4 Improve social cohesiveness within local City of Bunbury Tourism Strategy 2009 – 2014 (Revised 2010) The revised City of Bunbury Tourism Strategy in 2010 identifies cultural events enhancing and contributing to Bunbury’s cultural tourism.


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Product Development P.5.2: Identify key tourism related sporting and cultural event opportunities and develop plans for the provision of the required infrastructure. Legislative Compliance All three (3) buildings, the Bunbury Regional Art Galleries, the Bill Brown/former Lyric Theatre, and the Paisley Centre, are on the City of Bunbury Heritage List, the State Heritage Register, and the Register of the National Estate. Officer Comments In April 2010, Council endorsed the concept of establishing the Bunbury Museum and as per the resolution has demonstrated commitment through the provision of funds to appoint a full-time Museum curator and administration assistant. This enabled the establishment of the Museum Advisory Committee to develop specific Collection policies incorporating Bunbury Cultural Heritage themes; site selection of existing Bunbury facilities and the preparation of the consultants brief for the Museum Feasibility Study. The Community through the consultations undertaken for the associated reports have expressed their cultural aspirations for a Bunbury Museum either as a local, regional, or co-located facility with a Visitor Centre or Noongar Cultural Centre. Exhibitions remain key areas for museums, but are no longer static; permanent and temporary exhibitions are combined with visiting displays, and very different methods to interpret the Australian cultural heritage experience. At the Museum Advisory Committee meeting held 7 August 2012, the Museum Curator Report was presented to members to discuss key issues and inform the current Committee’s recommendation. Analysis of Financial and Budget Implications Funding sources and opportunities have been identified, namely from Federal and State Government grant schemes, and potential private sponsorship for the establishment of the Bunbury Museum. The table below shows costs associated with each of the three (3) shortlisted potential museum sites, as identified by the consultants in the two (2) feasibility studies, IPC and Mulloway Studio. The Mulloway Studio provided 2012 figures within their final 2010 report. IPC have detailed three (3) options for the Bill Brown/Lyric Theatre: - Option 1 - Developing the two storey building to contemporary load-

bearing standards - Option 2 – upper floor not used - Option 3 – upper floor removed. Following is the financial table which is an analysis of all potential museum sites and related operating costs and income. The table also includes current 2012/2013 budget allocation for museum staff and resources, combined with the information from the Mulloway Studio report


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into the Paisley Centre and Integrated Project Creation studies of the Bunbury Regional Art Galleries and the Lyric Theatre/Bill Brown sites. COSTS BRAG Bill Brown

Building Original two storeys Option 1

Bill Brown Building (Upper floor not used) Option 2

Bill Brown Building (Upper floor removed) Option 3

Paisley Centre

Acquisition Costs $50,000 $1,683,000 $1,683,000 $1,683,000 - Construction Cost $3,215,946 $4,641,034 $4,331932 $3,709,221 $250,000 * Professional Fees $336,828 $488,363 $455,288 $390,238 n/a

Total Development Cost

$3,857,293 $7,203,153 $6,829,293 $6,094,007 $250,000

Total Operating Cost $594,443 $540,911 $540,911 $524,006 $300,708 ** Less operating costs in 2012/13 budget

$155,102 $155,102 $155,102 $155,102 $155,102

Total Income (p.a.) $222,581 $222,581 $222,581 $222,581 $220,914 less lease income foregone

$64,000

Initial Operating Deficit -$216,760 -$163,318 -$163,318 $146,323 -$75,308 Depreciating Expense (2%) p.a.

$64,425 $90,087 $80,088 $72,000 ***

Additional Operating Surplus/Deficit

-$281,185 -$253,405 -$243,316 -$218,323 -$75,308

*Nominal allowance for minor modification for museum purposes.

**Having compared the operating costs provided by the Paisley Centre Study with those of the latest IPC study, the operating cost estimates for BRAG and Bill Brown/former Lyric Theatre may be overstated.

***No depreciation is included for the Paisley Centre as this is not an additional cost to Council. Note: Total $64,000 annual rent from the Paisley Centre has ceased due to the 2012/2013 heritage refurbishment program. A confidential proposal (attached at Confidential Appendix CRUSC-5) by the Brown family for the City of Bunbury to lease the former Lyric theatre/Bill Brown building has been made. The Integral Project Creation Feasibility Study refers to a leaseback proposal in its Executive Summary on page 2. The City requested a Valuation Report for the former Lyric theatre/Bill Brown building and this is attached at Confidential Appendix CRUSC-5. Community Consultation Consultation was undertaken with community representatives on the Museum Advisory Committee during the Museum Feasibility Study. Councillor/Officer Consultation During May – June 2012, Councillors have received a number of presentations on Bunbury’s future Cultural and Arts facilities by the appointed consultant Integral Project Creations. The presentations have included the Bunbury Museum facility within the potential cultural precinct site locations and detailed in the accommodation analyses of the current facilities.


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15.1.6 Amendments to the Sister City Program Budget

File Ref: A05259 Applicant/Proponent: Bunbury Setagaya Sister Cities Committee Author: Jenni Brown, Executive Officer Bunbury Setagaya Sister

Cities Committee Executive: Andrew Brien, Chief Executive Officer Attachments: Confidential Appendix CRUSC-6



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15.1.7 St John of God – Request for Contribution

File Ref: A04597 Applicant/Proponent: Internal Report Author: Andrew Brien, Chief Executive Officer Executive: Andrew Brien, Chief Executive Officer Attachments: Confidential Appendix CRUSC-7


15.2 Public Reading of Resolutions that may be made Public 16. Closure

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