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Bunbury City Council Notice of Meeting and Agenda 25 September 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, 25 September 2012 at 6.00pm.

Andrew Brien Chief Executive Officer (Date of Issue: 20/09/2012) Have a say in shaping your City’s future CITY OF BUNBURY

4 Stephen StreetBunbury WA 6230

Western Australia

Correspondence to:Post Office Box 21

Bunbury WA 6231

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. ...................................................1 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. ......................................................................................3 Public Question Time

6.1 ......................................... 3 Responses to Public Questions Taken ‘On Notice’

6.2 ...................................................................................... 3 Public Question Time

7. .....................................................................................................4

Confirmation of Previous Council Minutes, other Meetings under Clause 19.1

7.1 ............................................................................................................ 4 Minutes

7.1.1 ............................... 4 Ordinary Council Meeting Held 28 August 2012

7.1.2 ............................................................................................. 4

Minutes – Council Advisory Committees and Working/Project Groups

7.2 .......................................................................................................... 5 Briefings

7.2.1 ..................................... 5 Agenda Briefing Notes 18 September 2012

8. ...................................................................................................6 Presentations

8.1 ........................................................................................................... 6 Petitions

8.2 .................................................................................................. 6 Presentations

8.3 ..................................................................................................... 6 Deputations

8.4 ............................................................................. 6 Council Delegates’ Reports

8.4.1 ...... 6 Councillor Murray Cook – Policy Development Training Course

8.5 ...................................................................... 6 Conference Delegates’ Reports

9. .......................................................7 Method of Dealing with Agenda Business

10. ............................................................................................................7 Reports

10.1 ............................................... 7 Recommendations from Advisory Committees

10.1.1 .............................. 7 Framework for Policy Development and Review

10.1.2 ................................................. 9 Consideration of New Draft Policies

10.1.3 .......................................................... 12 Clay Target Gun Club Lease

10.2 .................................................................... 14 Chief Executive Officer Reports

10.2.1 ............. 14 Honorary Citizenship – Mayor and Chairman of Setagaya

10.2.2 ......................................................... 16 South West Sensations 2013

10.2.3 ................................................ 18 City of Bunbury Meeting Structures

10.3 ................................... 21 Director Community and Customer Services Reports

10.3.1 .. 21 Endorsement of Appointments to Bunbury Regional Theatre Inc.

Table of Contents


10.3.2 ............................................................................. 24

Appointment of Community Representatives to Bunbury Wildlife Park Committee

10.3.3 .................................................................... 26

Community Sports and Recreation Facilities Fund (CSRFF) Glen Iris Skate Park Report

10.4 .............................................................. 28 Director Corporate Service Reports

10.4.1 28 Proposed Street Renaming – Portion of Wisbey Street, Carey Park

10.4.2 ..... 30 Schedule of Accounts Paid for the Period 1 to 31 August 2012

10.5 ................................. 31 Director Planning and Development Services Reports

10.5.1 ..... 31 BREC – Proposed Temporary Addition of Car Parking Spaces

10.5.2 ........................................... 36

Local Planning Strategy - Discussion Paper; Local Planning Strategy - Integrated Transport Study

10.5.3 ............................................................................ 39

Emergency and Community Services Hub at Lot 4656 No.0, Bussell Highway Withers

10.5.4 .............................................. 45

Consolidated Local Planning Policy – Engineering Requirements for Subdivision and Land Development

10.5.5 ......................................................................................... 48

Change of Use from “Hotel” to “Tavern” at No.12 Victoria Street Bunbury

10.5.6 .......................................................................... 54

Change of Use to Community Purpose at No.4/34 Lockwood Crescent Withers.

10.6 ........................................................... 57 Director Strategic Integration Reports

10.6.1

....................................................................... 57

Scheme Amendment No.63 - Proposed Rezoning of “No Zone” to “Special Use Zone No. 57 – Koombana North Precinct” – Confirmation of initiation in keeping with the draft Scheme Amendment Report.

10.7 ........................................................... 61 Director Works and Services Reports

10.7.1 ....................................... 61 Airport Advisory Committee Membership

11. ................................................................63 Applications for Leave of Absence

12. ..........................................................................................63 Motions on Notice

12.1 .................................... 63 Motion on Notice – Rescission of Motions of Council

12.2 ................................................ 65 Motion on Notice – Parking Ticket Machines

13. ......................................................................................67 Questions on Notice

13.1 ................ 67 Response to Previous Questions from Members taken on Notice

13.2 .............................................................................. 67 Questions from Members

14. ..........................................................................................................67

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

15. ...............................................................................68 Meeting Closed to Public

15.1 .............................................. 68 Matters for which the Meeting may be Closed

15.1.1 ......................................................................... 68

Tender Road Reconstruction Works to Monkhouse Street, Bunbury RFT 2012 2013-03

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15.1.2 ................................................................................. 71

Tender for Construction of the Queens Gardens Car Park - RFT 2012 2013 01

15.1.3 ................................................................... 74

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

15.1.4 .................. 74 Annual Performance Review - Chief Executive Officer

15.2 .............................. 74 Public Reading of Resolutions that may be made Public

16. ..........................................................................................................74 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

Council Agenda 25 September 2012

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Agenda 25 September 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.

3. Announcements from the Presiding Member


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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

At the Agenda Briefing session held on 18 September 2012, the following declarations of interest were made: Deputy Mayor Cr Craddock declared a financial interest in the confidential item titled ‘SAT Mediation Section 31 – Atlas Point Pty Ltd and Anor vs. City of Bunbury (DR 37/2012)’ as he is a business owner in the CBD. He has elected to leave the chambers, not participate in the discussion and not vote on the matter. Cr Prosser declared a financial interest in the confidential item titled ‘SAT Mediation Section 31 – Atlas Point Pty Ltd and Anor vs. City of Bunbury (DR 37/2012)’ as his family has interests in major shopping areas that could be affected by the Forum expansion. He has elected to leave the chambers, not participate in the discussion and not vote on the matter. Cr Jones declared an impartiality interest in the item titled ‘Schedule of Accounts Paid or the Period 1 to 31 August 2012’ as she is a Director on the Aqwest Board of Management. She has elected to remain in the chambers, take part in the discussion and vote on the matter. Cr McNeill declared an impartiality interest in the item titled ‘Emergency and Community Services Hub at Lot 4656 No.0, Bussell Highway Withers’ as he is a committee member of HACC. He has elected to remain in the chambers, take part in the discussion and vote on the matter. Any Further Disclosures


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6. Public Question Time

In accordance with Reg. 7(4)(a) of the Local Government (Administration) Regulations 1996, members of the public in attendance at the meeting may stand, state aloud their name and address, and ask a question in relation to any matter over which the municipality of Bunbury has jurisdiction or involvement. In accordance with City of Bunbury Standing Orders 6.7(3)(a) any persons wishing to ask a question at the meeting must complete a Question to the Council form before the commencement of the meeting. Forms are available on the City’s website and in the public gallery of the Council Chambers. Maximum of three (3) questions are to be asked.

6.1 Responses to Public Questions Taken ‘On Notice’

At the Council meeting held 28 August 2012, a question was asked during Public Question Time that could not be answered during the meeting. A copy of the question and the written response forwarded to the questioner following the meeting, is provided below for public information:

6.1.1 Mrs Lorene Kemps, 44 Wilkerson Way Withers Question: (Hudson Road Community Centre) in 2003 and 2004 the City released

portions of Reserve 40244 to the Hudson Road Community Centre to enable them to upgrade and extend the playground area on Reserve 42071. After nine (9) years, they have not proceeded with this. Can Council request the Department of Lands and Regional Development re-vest the land back into the Reserve and can a letter be sent requesting them to do this??

Response: Chief Executive Officer has provided the following response “The City of

Bunbury has released a portion of the land to Hudson Road Family Centre for the expansion on the playground area. In April 2012, the Centre had arranged for new lawn and reticulation to be installed inside the fenced off area at the rear of the Centre. After contacting the Centre Manager to discuss plans for the area, it was confirmed that the Centre is planning an upgrade of the existing playground equipment, as per the plans and budget provided to the City of Bunbury in January 2012. The Hudson Road Family Centre is currently sourcing funding for this upgrade. As the Centre does have plans in motion for the use of the area to benefit its members, I do not recommend writing to the Department of Regional Development and Lands requesting that the land be re-vested back into the Reserve at this point in time.

6.2 Public Question Time


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7. Confirmation of Previous Council Minutes, other Meetings under Clause 19.1 The following 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 28 August 2012

The minutes from the Council Meeting held 28 August 2012 have been circulated. Recommendation The minutes from the Council meeting held 28 August 2012 be confirmed as a true and accurate record.

7.1.2 Minutes – Council Advisory Committees and Working/Project Groups

File Ref: Various Applicant/Proponent: Internal Report Author: Various Executive: Various Attachments: Appendix MTBN-1, MTBN-2, MTBN-3, MTBN-4,

MTBN-5, MTBN-6, MTBN-7 Recommendation The following Advisory Committee Meeting Minutes listed in the report, be accepted and noted: 1. Title: Minutes – Bunbury Region RoadWise Committee Meeting

(08/08/2012) Author: Jason Gick, Manager Engineering File: SF/512 Appendix: MTBN-1

2. Title: Minutes – Bunbury-Setagaya Sister Cities Committee Meetings (31/05/2012, 05/07/2012, 26/07/2012 and 09/08/2012)

Author: Jenni Brown, Bunbury-Setagaya Sister Cities Officer File: A05259 Appendix: MTBN-2

3. Title: Notes – Asset Management Project Committee meeting (no quorum was reached, no minutes) (09/09/2012)

Author: David Inwood, Manager Assets and Infrastructure


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File: A04788 Appendix: MTBN-3

4. Title: Minutes – Policy Review and Development (Standing) Committee Meetings (12/08/2012 and 11/09/2012)

Author: Jack Dyson, Team Leader Corporate Administration File: A04051 Appendix: MTBN-4

5. Title: Minutes – Youth Advisory Committee (05/09/2012) Author: April ten Brinke, Youth Community Development Officer File: SF/918 Appendix: MTBN-5

6. Title: Minutes – Leschenault Inlet Masterplan Project Management Group meetings (27/04/2012, 11/05/2012, 25/05/2012, 08/06/2012 and 06/07/2012)

Author: Liz Allen, Project Officer Strategic Integration File: A05205 Appendix: MTBN-6

7. Title: Minutes – Not-for-Profit Accommodation Stirling Street Arts Centre and Jaycee Park Project Management Group meetings (10/08/2012)

Author: Liz Allen, Project Officer Strategic Integration File: A05597 Appendix: MTBN-7

7.2 Briefings

7.2.1 Agenda Briefing Notes 18 September 2012 The notes from the Agenda Briefing session held 18 September 2012 have been circulated. Recommendation The notes from the Agenda Briefing session held 18 September 2012 be accepted and noted.


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8. Presentations 8.1 Petitions

8.2 Presentations

8.3 Deputations In accordance with Standing Order 6.9 of the City of Bunbury Standing Orders Local Law 2012, any persons or groups wishing to make a deputation to the Council must complete a “Request for Deputation” form at least 24 hours prior to the meeting. Forms can be found on the Council website or from the Administration Building.

8.4 Council Delegates’ Reports

8.4.1 Councillor Murray Cook – Policy Development Training Course File Ref: A05416 Applicant/Proponent: Internal Report Author: Councillor Murray Cook Executive: Andrew Brien, Chief Executive Officer Attachments: Appendix CDR-1

Councillor Murray Cook attended the WALGA Training Course, Policy Development on 14 September 2012 and provided a report on the workshop (attached at Appendix CDR-1). Recommendation The report from the Policy Development WALGA training course provided by Councillor Murray Cook be received and noted

8.5 Conference Delegates’ Reports


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9. Method of Dealing with Agenda Business

10. Reports 10.1 Recommendations from Advisory Committees 10.1.1 Framework for Policy Development and Review

File Ref: A04051 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 a framework for future policy development and review. The matter was considered by the Policy Review and Development (Standing) Committee at its meeting held on 28 August 2012. Committee Recommendation That Council:

1. Agree in principle with having Council Policy underpinned by Corporate Guidelines to provide further operational detail in relation to the implementation of Council Policy, where:

a) A Council Policy is a succinct statement of position (policy statement) in relation to a particular issue; and

b) All Corporate Guidelines be referenced in the respective Council Policy.

2. Notes that not all Council Policies will require a Corporate Guideline.

Background Pursuant to its terms of reference, the purpose of the Policy Review and Development Standing Committee is to “review all existing Bunbury City Council policies (excluding planning policies) and facilitate the development of new policies (excluding planning policies) for consideration by the Council on an ongoing basis.” Council Policy Compliance This report seeks to establish a framework for Council Policy development and review.


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Legislative Compliance Section 2.7(2)(b) of the Local Government Act 1995 states that Council is to determine the local government’s policies. Officer Comments Council’s current policy manual contains a number of policies, many of which are underpinned by internal procedures. These internal procedures are effectively the “how to” in relation to implementing the associated policy. There are some instances within Council’s current policy manual where there is an overlap between what may be considered “policy” and what should be “procedure”. Whilst the Local Government Act 1995 (the Act) does not specifically provide a definition for “policy”, the generally agreed view is that a policy is a statement that outlines parameters agreed to by Council to guide and facilitate consistency in decision-making. With this in mind, it is considered that Council Policy development follow the framework below:

The development of Council Policy as a succinct statement of position (a Policy Statement), underpinned by a Corporate Guideline, which provides further operational detail relating to the implementation of the Council Policy.

It is envisaged that such a framework will result in more strategic policy development, providing a clearer separation between what is strategic and what is operational. 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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10.1.2 Consideration of New Draft Policies

File Ref: A04051 Applicant/Proponent: Internal Report Author: Jack Dyson, Team Leader Corporate Administration Executive: Andrew Brien, Chief Executive Officer Attachments: Appendix PRDSC-1, PRDSC-2, PRDSC-3

Summary The purpose of this report is for Council to consider a Policy Review and Development (Standing) Committee (PRDSC) recommendation to adopt three (3) new policies that are required by virtue of legislative amendment; the need to set parameters; and provide clear delineation in various matters. These policies were referred back to committee from the 28 August 2012 PRDSC meeting, following further revision. Committee Recommendation That Council adopt the following policies as Administrative Policies of the City:

1. Policy on Food Regulation, Compliance and Enforcement.

2. Policy on Self Supporting Loans; and

3. Policy on Street Addressing Background Policy on Food Regulation, Compliance and Enforcement: The purpose of establishing the Policy on Food Regulation, Compliance and Enforcement is to clearly identify Councils strategic approach to its legislative and statutory obligations under the provisions of various forms of legislation. It documents the City’s position in relation to national and state enforcement processes and procedures, as well as setting out the individual strategic objectives in order to meet compliance. A copy of the proposed policy is attached at Appendix PRDSC-1. Policy on Self Supporting Loans: At the moment Council does not have any documented criteria, which defines parameters and/or conditions in regard to the consideration of applications for self supporting loans (SSL). The attached draft policy identifies the scope and details on how and in what circumstances applications will be considered. An associated corporate guideline (as referred to in the policy) is for internal use and will give direction to staff in relation to the practical aspects of considering self supporting loan applications.


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NOTE: At the committee meeting of 28 August 2012, information was requested on the level of SSL debt Council was carrying at the moment. As at 30 June 2012 Council holds three (3) SSL contracts with outstanding amounts of:

a) Bunbury Bowling Club (Loan 1) $ 78,808.00 b) Bunbury and Districts Hockey Assn $272,785.00 c) Bunbury Bowling Club (Loan 2) $ 60,460.00 Total $412,053.00 Incidentally the original amounts of the loans respectively were $150,000.00, $400,000.00 and $80,000.00. The annual principal and interest repayments on the loans payable to Treasury for the 2012/2013 financial year total $88,039.00 which is comfortably within the 1% of rate revenue threshold, being $270,000.00. A copy of the proposed policy is attached at Appendix PRDSC-2. Policy on Street Addressing: From time to time, the impact of infill development or subdivision applications on street numbering/addressing has a significant effect on all other residents within a street or locality. Such an impact may require consideration of street address renumbering or even renaming a portion of the street or road. This proposed policy is designed to establish a clear documented policy position, rather than an otherwise unidentified process which residents can relate to when seeking advice or opposing proposed re-allocation of street numbers. A copy of the proposed policy is attached at Appendix PRDSC-3. Council Policy Compliance There are no Council policies that relate to the creation and adoption of policy. Legislative Compliance Each policy attached, contains reference to legislative and other references. Officer Comments The proposed introduction of these administrative/social policies will provide a clear direction for staff in the implementation of processes relative to each of the policy topics. Analysis of Financial and Budget Implications There are no financial or budgetary impacts likely to arise from the proposed introduction of these policies.


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Community Consultation There is no requirement for community consultation on these matters as they merely identify Councils strategic objectives in relation to the issues to which they refer. Councillor/Officer Consultation This report to committee serves to draw to the attention of elected members, the proposal to introduce these policies.


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10.1.3 Clay Target Gun Club Lease

File Ref: A04872 Applicant/Proponent: Internal Report Author: Nigel Archibald, Airport Reporting Officer Executive: Phil Harris, Director Works and Services Attachments: Nil

Summary The Bunbury Airport Advisory Committee holds safety concerns regarding the continued positioning of the Clay Target Gun Club adjacent to the airport. Committee Recommendation Council notes the concerns expressed by the Bunbury Airport Advisory Committee. Background At the Council Meeting held on the 28 August 2012, Council Decision 258/12 authorised the CEO to negotiate a further lease extension with the Clay Target Gun Club subject to appropriate conditions. It is expected that in return for a short lease extension, the club will continue to work with Council staff to reduce the costs associated with the decontamination of the site. The proposed lease extension was discussed at the Bunbury Airport Advisory Committee meeting held on the 23 August 2012 where members expressed their continued safety concerns regarding having a ballistics range situated adjacent to the airport. The following Committee Recommendation was passed:

COMMITTEE RECOMMENDATION Moved: Alex Karatamoglou Seconded: Paul Coffey The Airport Advisory Committee expresses its concern regarding the proposal to extend the Clay Target Gun Club lease and respectfully requests that the lease be concluded as soon as practicable.

Council Policy Compliance Not applicable Legislative Compliance Not applicable Officer Comments There have been previous instances of gun pellets intruding into the airport, however since the Police Licensing Enforcement Division amended the orientation of the firing position, the Airport Reporting Officer is not aware of any further instances of pellet intrusion.


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Analysis of Financial and Budget Implications Nil Community Consultation No specific community consultation has occurred however the members of the Bunbury Airport Advisory Committee have been appointed to represent the business operators, hangar lessees, pilots, aircraft owners, airport users and community interest groups by presenting a single interface for Council to negotiate and consult with. Councillor/Officer Consultation Mayor Smith, Cr Cook and Cr McNeill attended the Bunbury Airport Advisory Committee meeting on the 23 August 2012 where this issue was discussed.


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10.2 Chief Executive Officer Reports

10.2.1 Honorary Citizenship – Mayor and Chairman of Setagaya

File Ref: A05261 Applicant/Proponent: Internal Report Author: Jaimee Earl, Executive Assistant to the Mayor Executive: Andrew Brien, Chief Executive Officer Attachments: Nil

Summary Mayor David Smith would like to confer upon the Mayor and Chairperson of the Assembly of Setagaya Honorary Citizenship of the City of Bunbury. If Council approves this proposal a certificate and medallion will be presented to each of them on their visit in October 2012 to celebrate the 20th Anniversary of the sister city relationship. Executive Recommendation That Council approve Mayor Nobuto Hosaka and Chairperson Shinichi Hatakeyama to be conferred Honorary Citizens of the City of Bunbury on their visit to Bunbury in October 2012. Background Mayor David Smith was awarded Honorary Citizenship of the City of Setagaya on the City of Bunbury’s visit to Setagaya in 2007 to celebrate the 15th Anniversary of the sister city relationship. Mayor Kumamoto was awarded Honorary Citizenship of the City of Bunbury on Setagaya’s visit to Bunbury in 2007. In the past the Honorary Citizen has received a medallion and certificate from the City conferring the title. The City of Setagaya has the following requirements when awarding Honorary Citizenship of their City

1. A person who has contributed to the development of public welfare

2. A person who has contributed to the development of academy and art

3. A person who has contributed to the development of the community life and culture

There is a special provision allowing the Mayor to confer Honorary Citizenship on honoured guests who come from a foreign country for a goodwill mission. Council Policy Compliance Not applicable


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Legislative Compliance Not applicable Officer Comments It is recommended that Honorary Citizenship be conferred upon the Mayor and Chairperson of the City of Setagaya, as has been the case with the Mayor of Setagaya in previous years. This recommendation meets special requirement four (4) of the City of Setagaya, whereby the Mayor and Chairperson are honoured guests who come from a foreign country for a goodwill mission. Analysis of Financial and Budget Implications This would be at a relatively low cost – between $50 - $100 per medallion plus a frame for the certificate/s. Community Consultation Not applicable Councillor/Officer Consultation Not applicable


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10.2.2 South West Sensations 2013

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

Summary Representatives of the South West Local Government Association have been invited to attend the second South West Sensations showcase being held at Parliament House, Canberra on Tuesday, 18 June 2013. Executive Recommendation 1. That Council endorse the attendance of the Chief Executive Officer and

Mayor at the second South West Sensations showcase.

2. That Council contribute $1,000 to the South West Sensations showcase for the purposes of the procurement of regional produce and the cost of an executive chef.

Background Each member of the South West Local Government Association was invited to attend the second South West Sensations showcase by the Federal Member for Forrest. The first showcase was held in 2011, and was a big success. Nola Marino MP wrote to the City of Bunbury advising that “Australia’s decision makers in Canberra were wowed by the expo with 41 exhibitors displaying their products” and that she had “immense pride in giving our Ministers, parliamentarians, consular officials and other dignitaries a sight, sound, smell, feel and taste sensation of our south west region.” Nola Marino MP is again hosting an expo of South West industry, food, wine, arts and products to promote the region on a national and international stage. Whilst in Canberra attendees are also able to meet with representatives from federal departments and Ministers, who will all be in Canberra as Parliament is sitting during that time. Council Policy Compliance Not applicable Legislative Compliance Not applicable


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Officer Comments South West Sensations 2013 presents a unique opportunity for Council to promote the South West region to decision makers and a wider audience. Attending the 2011 showcase provided valuable exposure for the region, and allowed access to a large number of Ministers and parliamentarians all in one place, which is very difficult to achieve under regular circumstances. Analysis of Financial and Budget Implications A contribution of $1,000 is required towards the expenses of procuring regional produce and an executive chef. Each member of the South West Local Government Association has been requested to contribute this amount. Other costs associated will be the flights and accommodation for the Mayor and CEO, and there are already funds allocated to business related travel such as this. Community Consultation Not applicable Councillor/Officer Consultation Not applicable


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10.2.3 City of Bunbury Meeting Structures

File Ref: A00215-13 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 amending its meeting arrangements, which are currently as follows: - First Tuesday of the month – Information Briefing - Second Tuesday of the month – Strategic and Major Projects Briefing - Third Tuesday of the month – Agenda Briefing - Fourth Tuesday of the month – Ordinary Council Meeting Executive Recommendation That Council:

1. Amend its current meeting structures effective from January 2013 to reflect the following arrangements:

- First Tuesday of the month – Ordinary Council Meeting @ 6pm; - Second week of the month – Briefing Session (both Info and

Strategic) @ 6pm; - Third week of the month – Ordinary Council Meeting @ 6pm; - Fourth week of the month – Informal Roundtable Meeting between -

Councillors and Executive (no agenda) @ 6pm; - Fifth week of the month (if applicable) - Kept free.

2. Agree to receive all deputations at Ordinary Meetings of Council that are compliant with section 6.9(1) of the City of Bunbury Standing Orders Local Law.

3. Request the CEO provide a future report to Council detailing a calendar of dates for Ordinary Council meetings in 2013, in accordance with Regulation 12(1) of the Local Government (Administration) Regulations 1996.

Background The City's current meeting structures have been in place for nine (9) months following Council's resolution in November 2011 to adopt what is the status quo. A number of Councillors have expressed concern at the current arrangements, and in particular whether they make efficient use of Elected Member and Officer time. This topic was raised at the information briefing session on 7 August 2012, where discussion took place relating to a number of different meeting options. Following this discussion, the Executive Leadership Team developed six (6) options based on Elected Member feedback, and presented these at the information briefing on 4 September 2012. These options were further refined through discussion, two (2) of which are now presented for the consideration of Council.


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Officer Comments The two (2) options presented below are the ones that were considered by Councillors as being the “most appropriate” at the information briefing held on 4 September 2012. Option 1 (run on a monthly basis) - First Tuesday of the month – OCM @ 6pm - Second week of the month – Briefing Session (both Info and Strategic) @

6pm - Third week of the month – OCM @ 6pm - Fourth week of the month – Informal roundtable meeting between

Councillors and Executive (no agenda) @ 6pm - Fifth week of the month (if applicable) - Kept free Option 2 (run on a 3 weekly cycle) - First week of the month – Informal roundtable meeting between

Councillors and Executive (no agenda) @ 4pm - First week of the month - Agenda Briefing @ 6pm - Second week of the month – Briefing Session (both Info and Strategic) @

6pm - Third week of the month – OCM @ 6pm Option 1 is the Executive Recommendation. Holding two (2) Ordinary Council meetings each month will theoretically halve the content in each agenda, resulting in shorter meetings. One of the criticisms of the current arrangements is that there is effectively duplication between the Agenda Briefing and the Ordinary Council meeting in terms of questions and discussion, resulting in lengthy meetings for both, exacerbated further by the fact that the Agenda Briefing is not a decision-making forum. It is important to note that section 6.9 of the City of Bunbury Standing Orders Local Law 2012 does allow public participation at Council meetings through Deputations, such that an applicant would still have the opportunity to address Council in relation to a particular item on the agenda, as would currently be the case at an Agenda Briefing. Section 6.9 is detailed below: 6.9 Deputations

(1) A person or group who completes and submits, with at least 24 hours notice, a “Request for Deputation” application form may be received as a deputation– (a) at an agenda briefing session (b) if the Council determines, at a Council Meeting.

(2) The CEO may either– (a) approve the request and invite the deputation to attend an agenda

briefing under clause 19.1; or (b) refer the request to the Council to decide by simple majority

whether or not to receive the deputation and , if so, the meeting or briefing at which it is to be received.


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(3) Unless the council resolves otherwise, a deputation invited to attend a Council meeting or an informal briefing or meeting under clause 19.1– (a) is not to exceed five (5) persons, only two (2) of whom may

address the Council, although others may respond to specific questions from Members;

(b) is not to address the Council for a period exceeding 10 minutes without the agreement of the Council; and

(c) additional members of the deputation may be allowed to speak with the leave of the Presiding Member.

(4) Any matter which is the subject of a deputation to the Council is not to be decided by the Council until the deputation has completed its presentation.

Council Policy Compliance There are no policies applicable to this report. Legislative Compliance Section 5.3(2) of the Local Government Act 1995 states that Ordinary Council meetings are not to be held more that three (3) months apart. Regulation 12(1) of the Local Government (Administration) Regulations 1996 states that at least once each year, a local government is to give local public notice of the dates and times of its Council meetings for the ensuing twelve (12) months. 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 The topic of meeting structures has previously been discussed at the information briefing sessions held on 7 August and 4 September 2012, as well as Executive Leadership Team meetings.


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10.3 Director Community and Customer Services Reports

10.3.1 Endorsement of Appointments to Bunbury Regional Theatre Inc.

File Ref: F00084-13 Applicant/Proponent: Internal Report Author: Stephanie Addison-Brown, Director Community and

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

Customer Services Attachments: Appendix DCCS-1

Summary In accordance with its constitution, the Bunbury Regional Entertainment Centre has written to the City requesting endorsement of the appointment of the following person(s) to the Bunbury Regional Theatre Inc., each for a two (2) year term. - Mr John Ventris - Mr Simon Jacob - Mrs Robyn McCarron - Mr Trevor Smith - Mr Brian McLoughlin Executive Recommendation Pursuant to the constitution of the Bunbury Regional Theatre Incorporated, the City of Bunbury endorses appointment of the following members to the Theatre’s Board of Management for the terms as stated:

1. Re-appointment of the following members for two (2) year terms (to expire 30 June 2014):

- Mr John Ventris

- Mr Simon Jacob

- Mrs Robyn McCarron

- Mr Trevor Smith

- Mr Brian McLoughlin Background The Bunbury Regional Entertainment Centre is a City of Bunbury asset. It opened in 1990 and provides the people of Bunbury and the South West Region with the opportunity to view and participate in performances staged in a top-class facility. The Bunbury Regional Theatre Inc is an independent, not-for-profit community organisation charged with management of the Bunbury Regional Entertainment Centre. The Management Board is comprised of 10 interested members of the community with a commitment to the performing arts.


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The City of Bunbury contributes funding annually to support operation of the Bunbury Regional Entertainment Centre. Accordingly, the Bunbury Regional Theatre Inc. constitution permits at least one (1) sitting Bunbury City Councillor to be a member of its Management Board (this is currently a position occupied by Cr. Stephen Craddock). The Constitution also requires all appointments to the Board to be endorsed by the Council (see background information attached at Appendix DCCS-1) Five (5) positions on the Board became vacant on 1 July 2012 as five (5) existing members’ terms expired. The Bunbury Regional Theatre Inc has advised that it called for nominations to fill these vacancies via advertisements in the press on 9 and 10 May 2012. It received nominations from the five (5) retiring members plus two (2) community members. A Selection Subcommittee, consisting of one (1) community member, Ross Ranson and two (2) existing board members, Michel Greenhalgh and Nicola Waite, was formed to assess applications. Ross Ranson, a former chair of the Board, was selected as chair of the selection Subcommittee. The Subcommittee’s recommendation was unanimously passed at the last Board meeting. Accordingly, the Bunbury Regional Theatre Inc now requests that the following retiring members be reappointed to the Board for a 2 year term:

- Mr John Ventris

- Mr Simon Jacob

- Mrs Robyn McCarron

- Mr Trevor Smith

- Mr Brian McLoughlin Nicola Depiazzi has been invited to be a member of the Marketing and Sponsorship Subcommittee of the Board. Community Consultation The Bunbury Regional Theatre Inc called for nominations for membership of the Board via public notices in the print media on 9 and 10 May 2012. Analysis of Financial and Budget Implications Appointment of members to the Board will have no effect on the City’s existing budget for the Bunbury Regional Entertainment Centre (which is a City of Bunbury asset). Council Policy Compliance There is no Council Policy in relation to this matter. Legislative Compliance The constitution of the Bunbury Regional Theatre Inc requires Council endorsement of appointments to its Management Board.


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Delegation of Authority The Chief Executive Officer has no delegated authority on this issue. Officer Comments In endorsing this recommendation, the City has fulfilled its obligation under the terms of the current Deed of Management.


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10.3.2 Appointment of Community Representatives to Bunbury Wildlife

Park Committee File Ref: A03835 Applicant/Proponent: Internal Report Author: Kristina Knight, Manager Wildlife Park Executive: Stephanie Addison Brown, Director Community and

Customer Services Attachments: Nil

Summary This report presents six (6) nominations to serve as community representatives on the Bunbury Wildlife Park Committee for a set term until October 2013. All of these nominations are recommended for appointment. Executive Recommendation That Council;

1. Appoints the following Community Representatives to the Bunbury Wildlife Park Committee:

- David Kerr (Dolphin Discovery Centre / Tourism Representative)

- Chris Tate

- Sarah Henderson

- Michael Morgan

- Amanda Yip

- Dr Coral Pepper (ECU Teaching Unit) NOTE: An Absolute Majority vote is required. Background Council resolved to retain the Bunbury Wildlife Park Committee at its meeting held on 27 March 2012. One of the recommendations in the report included a review of the Committee’s terms of reference. The revised terms of reference were endorsed by Council on the 26 June 2012. This resolution also formally disbanded the existing committee. The new terms of reference increased community representative positions on the committee to five (5) with one (1) position for a tourism representative (not from a government body). The purpose of the Bunbury Wildlife Park Committee is to guide the development of the Wildlife Park into a significant tourism attraction for Bunbury. Council elected Councillor Karen Steele, Councillor Neville McNeill, Councillor Ross Slater and Councillor Michelle Steck as its representatives on the committee. Director of Community and Customer Service (Stephanie Addison-Brown), Manger Wildlife Park (Kristina Knight) and Team Leader Tourism, Events and Marketing (Vacant Position) hold non-voting positions on the committee along with representatives from DEC and SWDC.


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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 provide for five (5) community representatives and one (1) tourism representative with voting rights. 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 Six (6) nominations have been received for membership of the Bunbury Wildlife Park Committee. All nominations received are eligible for appointment to the committee. Nominees have varied backgrounds in tourism, marketing, business, restaurant operations, education and tour guiding, all useful skills to help drive future development at the Park. Analysis of Financial and Budget Implications There are no budget implications as a result of this proposal. Community Consultation All applicants responded to print advertisements to nominate for a position on the Committee. Councillor/Officer Consultation This item brings the matter to Council’s attention.


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10.3.3 Community Sports and Recreation Facilities Fund (CSRFF) Glen Iris

Skate Park Report

File Ref: A00773-14 Applicant/Proponent: Internal Report Author: Caris Gibson, Team Leader Community Development Executive: Stephanie Addison Brown, Director Community

Customer Services Attachments: Nil

Summary Following Council decision (37/12) to identify external funding contributions, this report is for Council to consider the Community Sports and Recreation Facilities Fund (CSRFF) application (administered by the Department of Sport and Recreation) for the City of Bunbury Glen Iris Skate Park. Council has received no other external applications for the CSRFF Annual Grant Round (major). Executive Recommendation Council agrees to support the CSRFF Annual Grant application 2013-14 for the Glen Iris Skate Park Project. Background On 11 May 2010 a petition was presented to Council requesting consideration for the construction of a skate park in the suburb of Glen Iris. After a Council resolution to commence consultation regarding the establishment of a skate park in Glen Iris, Council staff began the process of consultation, and has subsequently completed a design for a skate park in J.B O’Reilly Park, Glen Iris. Following consideration of a report on the proposal to the Council meeting held on the 28 February, 2012, Council resolved (37/12) as follows:

a) That Council provisionally accept a full stage development of the proposed skate park on the preferred site over the 2012-13 and 2013-14 financial years, pending grant approvals of significant funding contribution from Lotterywest and the Department of Sport and Recreation or other grants.

b) In the event that external funding is not granted, this item is to be returned to Council for further consideration in time for the second Budget Review for 2012-13.

Council Policy Compliance There is no Council policy applicable to this proposal. Legislative Compliance Not applicable.


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Officer Comments A purpose built skate park has the potential to cater for three (3) key user groups – skate boarders, BMX riders and those on scooters. In contrast to organised sports, the increasingly popular action sports provide an important, less-structured approach to recreation and sports. Taking into consideration that some youth do not play organised sports means that there is a whole other groups needs to be captured when planning recreational facilities in a local area. The provision of a skate park in Glen Iris will cater for a subsection of ‘Youth’ who may not have previously been considered. However, this is not a standalone group – there will be large numbers of adolescents who are currently involved in organised sports, and the construction of a skate park provides further opportunity for them to engage in physical activity. Analysis of Financial and Budget Implications The CSRFF application will be requesting funding support for the value of $117,412 from the Department of Sport and Recreation for this project. PR1250 Construct Glen Iris Skate Park is an approved project with an allocated unrestricted cash of component of $332,220 in the 2012-13 Budget. The total project cost is anticipated to be $460k-$510k. Other avenues of external funding will be pursued to fund the total cost of the project (e.g. Lotterywest) and sponsorship proposals for in kind will also be sought. Community Consultation Extensive community consultation has been completed for the Glen Iris Skate Park Project as noted in the February 2012 report to Council, Council decision 37/12. Throughout the planning process Council staff have liaised with Troy Jones, Regional Manager South West Department of Sport and Recreation and staff to ensure that the application adequately addresses the assessment criteria and that information in the application can be clearly understood. Mr Jones has been positive and supportive of this application. Councillor/Officer Consultation Internal consultations involving staff from Planning, Engineering, Law and Safety and Community and Customer Services have taken place. Councillors were invited to the community forums and involved in discussions via the Youth Advisory Council.


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10.4 Director Corporate Service Reports 10.4.1 Proposed Street Renaming – Portion of Wisbey Street, Carey Park

File Ref: A04942 Applicant/Proponent: Internal Report Author: Leonie Barwick, Team Leader Corporate Revenue Executive: Wayne Wright, Director Corporate Services Attachments: Appendix DCS-1, DCS-2

Summary Council to consider renaming a section of Wisbey Street, Carey Park due to street numbering anomalies bought about as the result of infill development. Executive Recommendation That:

1. Council shortlists a selection of street names to be used for public consultation for the renaming of a portion of Wisbey Street, between Steere Crescent and Mitchell Crescent, Carey Park

2. That the City of Bunbury commences public consultation with the ten (10) affected property owners to rename the affected portion of Wisbey Street, Carey Park.

Background This issue was bought to the attention of Cr McNeill, following contact with the owner of 13B Steere Crescent, Carey Park. Wisbey Street is one of a number of streets in Carey Park that requires a street addressing/numbering review due to infill development and a lack of street numbers allocated when street numbers where first assigned to this area. The affected properties in Wisbey Street are currently using Steere Crescent and Mitchell Crescent as their address which are unsuitable for emergency services and the delivery of mail. A map highlighting the affected portion is attached at Appendix DCS-1 Legislative Compliance The renaming of this portion of Wisbey Street, Carey Park will be carried out in accordance with the Australian/New Zealand Standard 4819:2011 – Rural and Urban Addressing. Officer Comments Due to the length of Wisbey Street and the number of properties that would be affected by renumbering, and taking into consideration that the rest of the street numbering on Wisbey Street is sufficiently provided for, it is considered that the most effective way to address this issue is by renaming the affected portion of Wisbey Street. The City of Bunbury has a list of road names that have been approved by the Geographic Names Committee that can be used for this purpose. Refer to


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attached Appendix DCS-2 (please note that the names St Catherine, Styx and Vasse listed on Appendix DCS-2 have recently been used and are now no longer available). Alternatively, Councillors may suggest a road name for the Geographic Names Committee to consider. Landgate have advised that the Geographic Names Committee may take up to two (2) months to advise their approval Analysis of Financial and Budget Implications As part of the process involved in renaming the affected portion of Wisbey Street, Carey Park the City will pay for a mail redirection for a period of time to limit the affect it will have on these property owners. This will cost $17.50 per property and all personal mail will redirected for one (1) month. This expenditure is covered within the 2012/13 Budget. Community Consultation Community consultation with the affected property owners will take place as part of this process. The City of Bunbury notifies relevant Government authorities as part of its process. Councillor/Officer Consultation This report addresses the issued raised by Cr McNeill and serves to bring the matter to the attention of all Elected Members.


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10.4.2 Schedule of Accounts Paid for the Period 1 to 31 August 2012

File Ref: A00083 Applicant/Proponent: Internal Report Author: David Ransom, Manager Finance Executive: Wayne Wright, Director Corporate Services Attachments: Appendix DCS-3

The City of Bunbury "Schedule of Accounts Paid" covering the period 1 to 31 August 2012 is attached at Appendix DCS-3. The schedule contains details of the following transactions: 1. Municipal Account - payments totalling $7,569,523.26

2. Advance Account - payments totalling $35,234,317.46

3. Visitor Information Centre Trust Account - payments totalling $11,315.45

4. Bunbury-Harvey Regional Council Municipal Account - payments totalling $641,287.02

5. Bunbury-Harvey Regional Council Advance Account - payments totalling $577,924.12

Executive Recommendation The Schedule of Accounts Paid for the period 1 to 31 August be received.


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10.5 Director Planning and Development Services Reports 10.5.1 BREC – Proposed Temporary Addition of Car Parking Spaces

File Ref: A05304 Applicant/Proponent: Internal Report Author: John Kowal, Manager Community Law, Safety and

Emergency Management Neil Dyer, Team Leader Parking

Executive: Bob Karaszkewych, Director Planning and Development Services

Attachments: Appendix DPDS-1, DPDS-2, DPDS-3, DPDS-4 Summary The CBD Parking Strategy Project Control Group (Committee) met on 20 August 2012. Interest was expressed in leasing private land (Lot 600 Victoria Street) for the purpose of temporary car parking to compensate for the perceived loss of car parking spaces during the period of the BREC expansion construction. The Committee requested this to be further investigated to ascertain whether or not expenditure to fund the construction of car parking spaces was warranted. Executive Recommendation That Council

1. Authorise the CEO to negotiate and enter into a lease on Lot 600 Victoria Street for the purpose of establishing a temporary car park, and accordingly advise the land owner; or

2. Construct an additional 48 paid parking bays to the immediate east of the main parking area in the Blair Street (Foreshore) carpark.

Background The City has received an expression of interest from the owner of Lot 600 corner Victoria and Clifton Streets, Bunbury for the City to lease the 2,130m² until 31 January 2014, including an option to extend on a month by month basis. The owner has indicated a desire to develop Lot 600 thereafter. It is envisaged that Council may wish to use the site for temporary car parking. Lot 600 is situated at the northern end of the CBD, 100m from BREC. An Aerial photograph of the location of the land is attached at Appendix DPDS-1. Lot 600 has a compacted gravel, concrete and bitumen seal. It is fenced on all sides and has two (2) formed access ways onto the property, one from Victoria Street and the other from Clifton Street. The Committee’s interest in provision of additional car parking spaces on Lot 600 was thought to:


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- assist with the temporary loss of approximately 95 parking bays during the BREC expansion construction works scheduled to commence in November 2012; and

- provided additional parking for the CBD during Christmas and other periods of peak demand.

Measures already taken to address the loss of parking associated with the BREC expansion works include: - 37 additional bays in Stage 3 of the Cobblestone Drive carpark expansion

already completed; - 31 additional bays in the Blair Street (Foreshore) carpark expansion

already completed; - 20 additional bays which are currently being constructed in the Blair

Street (BREC) southern carpark; and - 97 additional bays proposed in the Cobblestone Drive carpark (Stage 1).

Completion date – December 2012. The total number of additional bays provided represents an increase of 185 parking bays in the northern and southern areas of the CBD. Historically, “overflow” parking at periods of peak demand, such as Christmas has been temporarily permitted and provided on the grassed area opposite BREC and in Queens Gardens. The construction of parking areas should not be considered on the basis of ensuring sufficient supply of car parking during periods of peak demand alone as this would result in unutilised parking areas for the majority of the time. Research into parking trends, demands and occupancy rates should be undertaken before making a commitment to provide any additional parking spaces. Council Policy Compliance Not applicable Legislative Compliance Not applicable Officer Comments To construct a car park on Lot 600, it will be necessary for Council to repair the current paved area, line mark parking bays, signage and the provision of a ticket issuing machine. If the whole of Lot 600 is available, 61 paid parking bays and 2 ACROD bays can be created. A possible layout is shown in the diagram attached at Appendix DPDS-2. Lot 600 has no power connection, therefore no internal lighting can be provided. Installation of flood lights would be at Council’s expense. Should an electrical connection to Lot 600 be required for additional lighting, this would be an additional cost of approximately $10,000 plus the cost of lights. Solar lighting would be approximately $5,000 per light. Lot 600 has no connection to mains water supply therefore landscaping to improve amenity is not possible.


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With the current carpark works undertaken on the foreshore and Cobblestone Drive carpark, as well as the construction works at the BREC, there will be an estimated shortfall to parking income for 2012-13 of approximately $37,000. The largest portion of the shortfall will be as a direct result of the loss of parking during the BREC expansion. The estimated shortfall of parking income, combined with the expenditure associated with the expansion of the Cobblestone Drive carpark, has resulted in a depletion of the Parking Reserve. Because the expenditure associated with the expansion of the existing carparks and the availability of temporary additional parking on reserve land along the foreshore and around Queens Gardens, at times of peak demand, additional expenditure associated with the provision of temporary parking on Lot 600 was not budgeted for. Should additional parking be necessary, consideration should be given to the further expansion of the Blair Street (Foreshore) car parks on Council land. An example of how the Blair Street Foreshore carpark could be expanded with minimal impact on the Reserve area is attached at Appendix DPDS-3. The owner of Lot 600 has offered a lease on the land until January 2014, with the option of extending on a month by month basis. The owner has made it clear that the property will be developed, which means the provision of a carpark on private land is only a short term option. Once a carpark is constructed on Lot 600 for the twelve (12) month period, at the conclusion of the lease the closure of the carpark may displease those businesses and the public grown accustomed to parking on the property. There are five (5) carparking areas located within the immediate vicinity of Lot 600. They are: - Blair Street Foreshore carpark – 95 bays - Symmons Street carpark – 45 bays - Holman Street carpark – 45 bays - Ommaney Street carpark – 70 bays - Blair Street BREC carpark – 250 bays A location map showing the carparks proximity to BREC is attached at Appendix DPDS-4. Two (2) of those areas are ‘all day’ fixed price carparks that provide parking for workers in the northern end of the CBD with an average annual occupancy rate of 87% and 90%. The remaining three (3) carparks are visitor / shopper carparks although some all-day parking is allowed in the Holman Street carpark and the Blair Street (BREC) carpark. Those carparks service the northern end of the CBD, including the cinema complex, the BREC and the Marlston Hill localities. The Blair Street (BREC) carpark has an occupancy rate of 70% whilst the Holman Road carpark has an occupancy rate of only 33%. Analysis of Financial and Budget Implications Estimated cost to establish / operate / maintain the carpark on Lot 600:


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Establishment / Decommissioning Costs Pavement Repair $19,500 Line Marking $ 2,850 Ticket Machine $ 0 (utilise workshop test machine)

Signage $ 500 (use of second-hand frame signage)

Decommission $ 1,500 (reinstatement of Lot 600)

Subtotal $24,350 Maintenance / Operation Costs Parking ticket rolls $ 250 Sweeping/litter $ 1,500 (est. to be undertaken) General maintenance $ 1,500 (est. pavement patching) Subtotal $ 3,250 Establishment / Operational / Maintenance Costs for Twelve (12) Months Total $58,870 Estimated Income – Fees and Charges As the greatest demand for parking is for longer term or all-day parking, the suggested rate for the carpark on the land would be a flat rate of 90 cents per hour with a maximum of $3.80 per day. Due to its location, it may also be possible to provide monthly permits on the site, however as the parking is being provided to assist with the loss of parking at the Blair Street BREC carpark, permit parking in this area may not be desirable. Based on the aforementioned rates and an average occupancy rate of 70%, the anticipated annual income from the carpark on Lot 600 is estimated at $42,000. A large portion of this income (approximately $32,000) would be the income that would have otherwise been generated from the Blair Street BREC carpark had it remained operational during the BREC expansion works. Estimated Income and Expenditure for a Twelve (12) Month Period Estimated income from Lot 600l $42,000 Estimated income from BREC ($32,000) Total $10,000 Funding Cost to establish, lease and maintain carpark ($58,870) Estimated income from the carpark $10,000 Net Loss ($48,870)


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Community Consultation There has been no community consultation undertaken in relation to this report. Councillor/Officer Consultation The City of Bunbury CBD Parking Strategy Project Control Group (Committee) raised this matter for further investigation. Given the next committee meeting is scheduled for 5 November 2012, and that the BREC expansion construction is scheduled to commence in October, the Chief Executive Officer requested this matter be referred on to the Council for determination. Strategic Relevance The recent reviews of the CBD Carparking Strategy found operational matters pertaining to the management of the carparking spaces was appropriate and that there is adequate carparking in the CBD. However, there is a view that due to the loss of parking during the construction period there is a need for temporary parking. Given the view that there is likely to be opposition to further parking on the foreshore, this may be a viable option to investigate.


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10.5.2 Local Planning Strategy - Discussion Paper; Local Planning Strategy

- Integrated Transport Study

File Ref: A03929 Applicant/Proponent: Internal Report Author: Thor Farnworth, Manager Sustainability and Integrated

Land Use Planning Executive: Bob Karaszkewych, Director Planning and

Development Services Attachments: Nil

Summary In accordance with the Planning and Development Act 2005 and accompanying Town Planning Regulations 1967, the inaugural Local Planning Strategy and new local planning scheme will be prepared over the next 6 to 12 months. To ensure the new planning scheme delivers the best possible outcomes for the City, a Local Planning Strategy - Discussion Paper has been prepared to encourage community participation through feedback mechanisms on the key issues and directions outlined in the paper. Further, the community is encouraged to review the supporting Local Planning Strategy - Integrated Transport Study, as issues and policy directions will fundamentally affect the way the city is planned and serviced over the next 5 to 20 years. This initiative will contribute to the formal public consultation process of at least three months that statutorily must be undertaken. Council is required to take into account all submissions received, prior to final adoption of the Local Planning Strategy and new Local Planning Scheme. Following which, the final draft of the planning scheme documents together with Council’s resolution and all submissions will be forwarded to the Western Australian Planning Commission for its endorsement and approval by the Minister for Planning. Executive Recommendation That Council:

1. Invites public comment and contribution of ideas on the Local Planning Strategy - Discussion Paper and the Local Planning Strategy - Integrated Transport Study, during an informal public exhibition period of at least three months, in order to inform the preparation of the final draft Local Planning Strategy.

Background The City of Bunbury Town Planning Scheme No.7 (TPS7) has been in operation since 2002, and it has been amended significantly since it was gazetted. Presently, TPS7 does not have the overarching strategic policy guidance provided by a Local Planning Strategy. Despite this, the scheme has been subject to over 50 amendments during its operation, and while it is now comparable to other contemporary schemes and has largely fulfilled its stated objectives, it is not adequate for the future planning and growth of the city. Consequently, a scheme review is being undertaken as part of comprehensive


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reform of the entire Local Planning Policy Framework, which also includes the ongoing review of local planning policy, structure planning and review of the standard conditions for planning approval. As such, the new scheme represents the core statutory planning instrument of a larger integrated Local planning policy framework - a key role in ensuring that the City retains the character, lifestyle, competiveness and natural values, now and in the future. The Discussion Paper should be read in conjunction with the Local Planning Scheme Review Report (October 2011), which documents the scope of the planning scheme review, at its inception, and as such, it acts in part like a traditional scheme report. The report remains a useful technical oriented document that provides a summary assessment of what is known of the existing scheme’s performance in light of experiences through implementation and historical circumstances. The report identified issues and emerging trends that may affect future land use planning of the city and makes suggestions on how they could be addressed in a Local Planning Strategy and new scheme. Council Policy Compliance The Local Planning Strategy - Discussion Paper, and Local Planning Strategy - Integrated Transport Study are intended to inform the planning scheme review, and hence, will influence the revision of the Local Planning Policy Framework. In preparing the Discussion Paper reference has been made to information collected so far in preparing the Strategic Community Plan. In particular, where a topic relevant to the physical environment was raised or prioritised through “Bunbury 2030 - your city, your say” community consultation, questions posed in the Discussion Paper seek to constructively explore those issues in relation to how land use planning, development control and the provision of soft and hard infrastructure may support the community’s desired outcomes for the long term sustainability and liveability of the City of Bunbury. Legislative Compliance The procedure for reviewing the scheme is prescribed under the Planning and Development Act 2005 and the accompanying Town Planning Regulations 1967. Analysis of Financial and Budget Implications The costs of public advertising is accommodated within the respective project funds allocated under the 2012-13 Annual Budget. Community Consultation During the public consultation period, links to both documents and a feedback form for downloading will be provided under the public notices and advertisements page of the City of Bunbury’s website. Submissions can then be posted, emailed or lodged in person at Council’s administration centre. Feedback collected during community consultation period will be used to inform the preparation of the Local Planning Strategy and a new Local Planning Scheme. Council is required to take into account all submissions received during the consultation period, prior to adoption of the Local Planning Strategy and scheme.


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The final draft planning scheme documents together with Council’s resolution and the submissions will then be forwarded to the Western Australian Planning Commission for its consideration and endorsement and approval by the Minister for Planning. Councillor/ Officer Consultation The information contained in the Local Planning Strategy - Discussion Paper and Local Planning Strategy - Integrated Transport Study has been prepared with the involvement of staff across all divisions in conjunction with other key stakeholders such as the Department of Planning and utilities. The Integrated Transport Study was presented to Council at a briefing session held on 4 September 2012, which was then followed by a Councillor workshop held on 11 September 2012 to discuss the issues and questions presented in the Discussion Paper. This step was to gain direction from Council on matters that will inform the preparation of the Local Planning Strategy and the new Local Planning Scheme. Economic, Social and Environmental Issues The implementation of the Local Planning Strategy and new scheme, within the context of the Strategic Community Plan and Corporate Business Plan, should have a positive quadruple-bottom-line net benefit for the city. Stimulating growth of the city’s resident population; social and economic (public and private) investment should follow to fund the necessary provision of soft and hard infrastructure services.


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10.5.3 Emergency and Community Services Hub at Lot 4656 No.0, Bussell

Highway Withers

File Ref: F00101-39, DA/2012/150/1 Applicant/Proponent: The City of Bunbury Author: Greg Bird, Town Planner Executive: Bob Karaszkewych, Director Planning and

Development Services Attachments: Appendix DPDS-5, DPDS-6

Summary This application is for the development of the initial stage of the Emergency and Community Services Hub (ECSH) – the Regional Wellness Centre. The Concept Plan for the ECSH was approved by Council on the 13 September 2011, and amended by Council on the 22 May 2012. The Regional Wellness Centre will bring together three (3) Not for Profit organisations: Bunbury Community Home Care (CHC), Independent Living Centre of WA (ILC) and Technology Assisting Disability WA (TADWA). The development will be located on the Northern end of Reserve 23839, located between the proposed Fire and Emergency Services Authority (FESA) site to the South, and the proposed Men’s Shed to the North. The building will have two (2) floors; the ground floor will contain Offices, Workshops, Activity and Function Rooms, Storage and Display areas, whilst the first floor will be primarily Office space. Executive Recommendation Council, pursuant to the provisions of the Planning and Development Act 2005 (as amended), hereby resolves to: 1. Grant (conditional) Planning Approval to the City of Bunbury for the

construction of the proposed Community Purpose Building (Stage 1 only of the Emergency and Community Services Hub), together with associated landscaping and parking provision at Lot 4656 No.0 Bussell Highway. (Refer Drawings: Emergency and Community Services Hub Concept Plan, A1-A01, A1-A02, A1-02A, A1-A03, A1-A04, A1-05 & A1-06 attached at Appendix DPDS-5).

Note: Conditions to be to the satisfaction of the Manager Development Assessment and Building Certification. Background At its meeting on the 13 September 2011, Council resolved:

“Council Decision 216/11

1. Adopt the revised Emergency & Community Services hub Concept Plan (August 2011) as a guide to the future development of Reserve 23839 and associated portion of Adam Road Reserve.


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2. That any Development proposals for Reserve 23839 be advertised in accordance with the provisions of Clause 9.4.3 of the City of Bunbury Town Planning Scheme No.7

3. Adopt changes to the revised Emergency & Community Services Hub Concept Plan (August 2011), as recommended to Council in the memo dated 6 September 2011.

4. Note that the Hub Concept Plan (August 2011) includes plans for a Men’s Shed”

At its meeting on the 22 May 2012, Council resolved to:

“Council Decision 155/12

1. Adopt the revised Emergency & Community Services hub Concept Plan (May 2012) as a guide to the future development of Reserve 23839 and associated portion of Adam Road Reserve.

2. That any Development proposals for Reserve 23839 be advertised in accordance with the provisions of Clause 9.4.3 of the City of Bunbury Town Planning Scheme No.7”

The May 2012 approved concept plan is attached at Appendix DPDS-5. Council Policy Compliance Access and parking for Pedestrians, Bicycles and Vehicles – No.3.1 The application has been assessed in regards to the requirements for parking as per this Local Planning Policy. Refer to the ‘Parking’ section below for further detail of the assessment. Legislative Compliance Under Clause 9.4.2 of the City of Bunbury Town Planning Scheme No.7 (TPS7) the proposal has been advertised for a period of 21 days. Local Planning Scheme TPS7 indicates that Reserve 23839 is included in the “Parks and Recreation Reserve”. Given that the reserve has no apparent recreational value, and that a portion of the site has already been developed for an emergency service facility, It is considered that a development approval may be given for a “Community Purpose” use in accordance with section 3.4 of the Scheme. Therefore Council may approve the proposal for “Community Purpose” uses on the site within the present local reserve. Nevertheless the re-reservation of the land from “Parks and Recreation Reserve” to “Public Purpose Reserve” will occur through the current omnibus Scheme Amendment (Scheme Amendment Number 30). Amendment 30 is currently at the stage of final approval by the Minister for Planning which is awaited. Reserve 23839 Vesting, Purpose and Use The process of the subdivision and re-vesting of the reserve is being administered by the Office of State Lands and is currently waiting to be finalised.


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No issues have been raised by the relevant government agencies. Officer Comments The rationale for the development and use of the Reserve 23839 for purposes of establishing an Emergency and Community Services Hub has been established and approved by Council on 13 September 2011, and again on 22 May 2012. The issue of the Change of Use of the site is considered to be acceptable based on the prior approval of the Concept Plan by Council and will not be further addressed. Matters specific to the determination of this Development Application are as follows: Landscaping The adopted Concept plan indicates where landscaping will occur onsite. The applicant proposes to retain trees where possible (with additional attention on the retention of trees along the Parade Road Reserve), with new planting to be indigenous shrubs and trees. Any approval granted for the development will require the signoff from the City’s Landscape Architect via a suitable condition. Parking The parking requirement for the site has been calculated at 58 Bays in line with Scheme requirements. The calculation has been made assuming maximum capacity use of all stakeholders at any given period. This also incorporates the future provision of parking for the proposed Men’ Shed (not assessed under this application), and two (2) longer bays for vehicles with trailers as utilised by Community Home Care. The applicant has shown the provision of 54 car parking spaces, which is four (4) short of the requirement as calculated using the guiding principles of TPS7 Table 2 – Car Parking. Table 2 states that the parking requirement for ‘Community Purpose’ shall be as determined by the Local Government, and as such there is flexibility in determination. Local Planning Policy - Access and Parking for Pedestrians, bicycles and Vehicles states that the Local Government may exercise discretion with the displacement of onsite parking of a distance up to 100m for uses with public access. There is a proposal for the Bunbury Trotting Club to provide additional parking to the East of the application site adjacent to the Bussell Highway. This has the potential to serve as overflow parking. There are several Public Transport bus stops within 450m of the site (along Timperely Road and the Bussell Highway), and over a dozen bus stops within 750m of the site. For the reasons of off site parking potential and proximity to local transport nodes it is considered that the shortfall of four (4) car parking bays is acceptable. Note - During the assessment of the parking requirements for the site, all stakeholders were contacted to ascertain the business and functional requirements for parking. This was done to ensure the parking provision was


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acceptable in regards a holistic approach to the development of the Emergency and Community Services Hub as a whole (inclusive of the FESA site). At the time of writing this report, FESA were unable to provide a specific number of parking spaces required due to an internal feasibility study of the site to incorporate a Career Fire Station, Volunteer Fire and Rescue Building as well as a SES building. FESA advises that they will be liaising with the City of Bunbury on receipt of Architectural Concept Plans. For purposes of this assessment, the approved Concept Plan Parking allocation for FESA has been used. Siting/Setbacks The placement of the proposed building is central to the site and buffered on the East, North and Western sides by carparking, the proposed Men’s Shed and landscaping. In this regard the setback requirements are considered acceptable and the impact of the building is visually ameliorated. To the South, the building will be placed along the boundary with the proposed FESA site for a distance of approximately 25m and consists of single storey at this point. The approved Concept plan shows the adjoining FESA site adjacent to the building to consist of car parking areas, with the closest building approximately 16m away. It is considered the proposal will have a minimal/negligible impact upon the FESA site. Design The proposed design is of a contemporary and iconic style on what is a prominent site. Despite being occupied by three (3) distinctly different agencies, the building has a cohesive appearance and presents as one consolidated building. The facades are strongly articulated to provide interest to all elevations which will be clearly visible due to the prominent location. The highest point of the proposed structure is 8.2m, well within the height parameters usually reserved for residential dwellings. Analysis of Financial and Budget Implications Lease arrangements or re-vesting orders will need to be determined and administered by Council’s Property Services in conjunction with the organisations that will occupy the site. The organisations occupying the site will be responsible for all development and construction costs including the parking areas indicated within the Parade Way Road Reserve. Community Consultation Consultation has been carried out on numerous occasions with FESA, Community Home Care, the Bunbury Turf Club and the Rotary Club during the Concept Planning stage. Advertising for the proposed development was conducted in July in the form of a site notice, newspaper advertisements and neighbouring resident letter notification. There was one response from a neighbouring resident who raised concerns over the intensification of traffic along Parade Road.


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Responses have also been received from Aqwest, DEC, Telstra, Main Roads, and the Water Corporation. There has been only one (1) objection from Main Roads; however this is more directed towards the FESA component of the concept plan, and not relevant to this Development Application. Attached at Appendix DPDS-6 is a Schedule of Submissions. Councillor/Officer Consultation Since February 2010 Council staff have frequently liaised with FESA, CHC and the Bunbury Turf Club. It is also understood that various Councillors have also been involved in discussions with CHC and Development Services staff. FESA, CHC, ILC and TADWA have all been consulted during the Development Approval process. Internal consultation responses are as below: Building Certification No objection subject to specified conditions. Development Engineer No objection, however support does not include for any modifications to the Parade Road Intersection as shown on the Emergency 7 Community Services Hub Concept Plan. Parking No Objection. It has been noted that there is no drive through bays that would be able to accommodate car/trailer parking or long vehicle parking which may be required for the site. *Note – After further discussion, the submitted plans have been amended to incorporate 2 parking bays for longer vehicles. Health No objection subject to specified conditions and requirements. Sustainability and Integrated Land Use Planning No objection. It is unlikely that the proposed clearing of the vegetation will have a significant impact on federally protected species (western ringtail possums and 3 species of black cockatoos) known to occur within the vicinity of the site. Economic, Social, Environmental and Heritage Issues Economic The proposal for the ECSH concept plan has no financial implications for the City of Bunbury except in terms of nominal income earned from lease arrangements.


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Social The proposal has social benefits for the region in terms of providing an efficient and well organised central facility for emergency and community services. The community purpose site also has direct social benefits to the community in providing a multi community service centre for those in the community who are most in need. Environmental Reserve 23839 is for the most part cleared and has some sparse vegetation. DEC has provided recommendations for clearance of the remaining vegetation, and the requirement of a clearing permit prior to commencement. DEC has advised that the site is located in vicinity where there are Western Ringtail possums and Black Cockatoo habitat. The Council’s sustainability officer is aware of this advice and has advised “… it is unlikely that the proposed clearing of vegetation will have a significant impact on federally protected species (western ringtail possums and three (3) species of black Cockatoos) known to occur within the vicinity of the site…” Heritage There are no known heritage issues relating to the study area. Relevant Precedents There are no relevant precedents for the proposed development.


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10.5.4 Consolidated Local Planning Policy – Engineering Requirements for

Subdivision and Land Development

File Ref: A04151 Applicant/Proponent: Internal Report Author: Damien Morgan, Development Engineer Executive: Bob Karaszkewych, Director Planning and

Development Services Attachments: Appendix DPDS-7

Summary A review of engineering related Local Planning Policies (LPP) has determined that LPP Stormwater Disposal from Private Properties, Connection to the City’s Stormwater System, and Subdivision Engineering Administrative Procedures should be revoked and superseded and consolida ted in Local Planning Policy: 6.1 - Engineering Requirements for Subdivision and Land Development (attached at Appendix DPDS-7). Executive Recommendation Council, pursuant to the Planning and Development Act 2005, hereby resolves to:

1. Revoke the Local Planning Policies:

a) Connection to the City’s Stormwater System

b) Stormwater Disposal from Private Properties

c) Subdivision Engineering Administrative Procedures

in accordance with clause 2.4 of City of Bunbury Town Planning Scheme No.7.

2. Advertise the proposed Local Planning Policy: 6.1 - Engineering Requirements for Subdivision and Land Development for public comment for a period of 21 days in accordance with clause 2.3 of City of Bunbury Town Planning Scheme No.7.

3. Subject to no objections being received during the advertising period, Council endorse the Local Planning Policy: 6.1 - Engineering Requirements for Subdivision and Land Development, without modification.

Background LPP Connection to the City’s Stormwater System, Stormwater Disposal from Private Properties and Subdivision Engineering Administrative Procedures have all been active since they were adopted. These documents were developed to outline Council’s minimum technical engineering requirements for the development of land within the City of Bunbury for specific engineering issues. Existing engineering documentation at the time was considered not to fully address Council’s requirements.


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In 2009 the Department of Planning partnered with the Institute of Public Works Engineering Australia (WA Division) (IPWEA) to produce the revised Local Government Guidelines for Subdivisional Development, to provide greater clarity and certainty of subdivisional engineering requirements. This document (latest edition 2.1 – 2011), has been used by the City since its creation as a reference to developers and consultants as the basis by which subdivisional and land development infrastructure works, such as design and construction of roads, storm water systems, paths, canals and public open space will be assessed within the City. A full copy of this document will be available for Councillors at both the Council briefing and meeting. An electronic download version of the full document is available from: http://www.planning.wa.gov.au/publications/5833.asp. The Local Government Guidelines for Subdivisional Development has been developed specific to Western Australian requirements for land development. They are intended to underlie and support subdivision conditions applied by the Western Australian Planning Commission pursuant to the Planning and Development Act 2005. The Department of Planning and IPWEA strongly encourage local authorities to formally adopt the Local Government Guidelines for Subdivisional Development as the basis for subdivisional engineering approval within their municipality. Council Policy Compliance Not applicable Legislative Compliance Under Clause 2.3 of Town Planning Scheme No.7 (TPS7), the proposed LPP is to be advertised for a period of 21 days. LPPs will be revoked in accordance with clause 2.4 of TPS7. Officer Comments Developers, consultants and local governments had identified the need to standardise engineering requirements for land development throughout Western Australia. The revised Local Government Guidelines for Subdivisional Development have achieved this and removed the requirement for the City to have individual LPP on various engineering requirements. Staff have developed information sheets on separate engineering issues that we receive frequently asked question about. These sheets compliment the guidelines, but provide specific requirements about the issue without having to search through the entire guideline document. The information sheets are also structured so that they can be easily understood by the general public, contractors, consultants and developers. IPWEA has committed to update the guidelines on a regular basis every two (2) years, which ensures the document will stay relevant as accepted industry standards change over time.

http://www.planning.wa.gov.au/publications/5833.asp


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It is import to note that the policy will outline the minimum standards acceptable to the City for subdivisional or land development infrastructure works, such as design and construction of roads, storm water systems, paths, canals and public open space, but will not restrict developers or staff providing assets to a higher standard. Analysis of Financial and Budget Implications No financial or budget implications Community Consultation Proposed revocation LPP and reviewed LPP are to be advertised for community comment in accordance with TPS7. Councillor/Officer Consultation Consultation on the revocation and creation of LPP has been held with relevant staff from the Planning and Development Services and the Works and Services sections.


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10.5.5 Change of Use from “Hotel” to “Tavern” at No.12 Victoria Street

Bunbury

File Ref: P10184-04, DA/2012/129/1 Applicant/Proponent: Kevin Mann Author: Greg Bird, Town Planner Executive: Bob Karaszkewych, Director Planning and

Development Services Attachments: Appendix DPDS-8, DPDS-9, DPDS-10

Summary The application is for the Change of Use of the site from “Hotel” to “Tavern” (Lot 34 No.12 Victoria Street), Change of Use of part of the site for a “Bottle Shop and Betting Agency (TAB)”, construction of a patio and pergola in the Beer Garden, construction of a bin area to the rear, alterations to the front bar area to include a kitchen, and the erection of a Colourbond roofed pergola to the front entrance. Executive Recommendation Council, pursuant to the provisions of the Planning and Development Act 2005 (as amended), hereby resolves to:

1. Grant (conditional) Planning Approval for a proposed Change of Use of the site from “Hotel” to “Tavern” (Lot 34, No.12 Victoria Street), Change of Use relating to part of site for a “Bottle Shop and Betting Agency (TAB)”, construction of a patio and pergola in the Beer Garden, construction of a bin area to the rear, alterations to the front bar area to include a kitchen, and the erection of a Colourbond roofed pergola to the front entrance (Refer Drawing No. 1a dated Feb 2012).

Note: Conditions to be to the satisfaction of the Manager Development Assessment and Building Certification. Background The site is located within the City Centre Zone as defined in the City of Bunbury Town Planning Scheme No.7. It falls within the Marlston Hill Stage 2 Design Guidelines Policy Boundary, and is a Heritage listed Building (B211) on the Municipal Inventory. In 2009 an application was made by the owner to the Department of Racing, Gaming and Liquor for an Extended Trading Permit (ETP) renewal. This was granted and trading hours were extended from 12 midnight until 1am Thursday, 12 midnight until 2am Friday, and 12 midnight until 2am Saturday. Pertinent to this application, the existing permit allows the sale of packaged alcohol across the bar for take-away. In February 2012 an application was submitted to Council for a ‘Proposed Change of use from “Hotel” to “Tavern, Shop (Bottle Shop) & Betting Agency (“TAB”)”. This application was cancelled on the 3 April 2012 following three (3) requests for further information (that was not in the end provided by the applicant).


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This application is essentially a re-submission of the previously cancelled application. Council Policy Compliance The proposed Use Classes ‘Tavern’, ‘Shop’ and ‘Betting Agency’ all have ‘P’ (Permitted Use) designations as defined in Table 1 of the City of Bunbury Town Planning Scheme No.7 (TPS7). The TPS7 states that Local Government will not refuse a ‘P’ use because of the unsuitability of the use for the zone, but instead may impose conditions on the use of the land to comply with any relevant development standards or requirements of the scheme. Legislative Compliance Under Clause 9.4.2 of the TPS7 the proposal has been advertised for a period of 14 days. Officer Comments The application consists of several components (Refer Drawing No. 1a dated Feb 2012 – attached as Appendix DPDS-8) that together attempt to revitalise the existing business and address Building Licensing issues. The components are: - The Change of use of the site from “Hotel” to Tavern; - The addition of a bin area to the rear; - The installation of a TAB terminal in the front bar; - Alterations to the front bar area to include a kitchen; - The erection of a Colourbond roofed pergola to the front; - The addition of a patio and new pergola in the rear beer garden; and - The change of use of part of the Hotel to Bottle Shop; Change of Use from Hotel to Tavern The site is colloquially known as the ‘Reef Hotel’; however the definition of ‘Hotel’ as defined within the TPS7 means “premises providing accommodation the subject of a hotel licence under the Liquor Licensing Act 1988; and may include a betting agency on those premises”. Taking into consideration that the site does not provide accommodation and has a primary function of a bar, the current use is better classed as a ‘Tavern’. The definition of a ‘Tavern’ within the TPS7 means “premises licensed as a tavern under the Liquor Licensing Act 1988 and used to sell liquor for consumption on the premises”. The Liquor License for the site has a ‘Tavern’ designation as defined by the Department of Racing, Gaming and Liquor. Table 1 of TPS7 States that a ‘Tavern’ within the ‘City Centre’ Zone has a ‘P’ (Permitted) designation. Taking this into consideration, it is considered the re-classification of the use of the site is appropriate. Bin Store An external change to the building will be the creation of a dry bin store area at the rear. Due to the siting at the rear of the building, there will be minimal if any impact upon the character of the structure as a whole when viewed from Victoria Street.


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The City’s Health Department has advised that this bin store is required to be larger. There is sufficient room on the lot to accommodate a significantly larger bin storage area, and as such this can be suitably conditioned on any approval granted to meet the required specifications of the Health Department. TAB Unit The applicant advises that the TAB machine will be installed in the front bar area and consists of a simple terminal that will sit on the bar. From a Planning perspective, there is no impact to the exterior of the building and as such is considered acceptable. Front Bar The internal changes to the front bar (marked on the plans as ‘area temporarily closed for renovations’) include a kitchen as part of the rejuvenation of the site in general. The applicant proposes to continue to use this area for serving alcohol, with the option for patrons to have meals. This falls within the gamut of the applicant’s licence and does not constitute a further change of use of the site. The City’s Health Department has provided suitable conditions relative to this kitchen area should the Council grant planning permission in this instance. Front Pergola The applicant proposes to erect a small pergola to the front of the building facing onto the intersection of Carey and Victoria Streets. The pergola is part of a renovation of this elevation, which will also see the removal of the multi-coloured slats to be replaced with a rendered wall. It is considered the proposed pergola and other changes will improve this particular façade of the building, bringing it more into keeping with the predominant style of development within the town Centre and rejuvenating this highly visible corner. Rear Patio/Pergola The addition of the patio and pergola to the rear beer garden area has come about due primarily to the requirement to comply with Building Regulations. The previously constructed pergola and decking located within this area were considered unsafe and were required to be removed from the site by the City’s Building Certification Team. The proposed pergola and new patio slab comprises the remodelling of the rear beer garden area, which when combined with various other improvements (steps that were trip hazards have been replaced with ramps), provides a safer environment for patrons. From a Planning perspective there is no observable impact from outside the building and this component of the application is therefore considered acceptable. Change of Use to Bottle Shop The final component of this application is the Change of Use of part of the site (the area known as the ‘Red Door’) to a bottle shop. This will also incorporate some internal changes to the building such as partitioning to create internal walls, and also an external change comprising the bricking up of two openings on the Southern Elevation. (Upon advice from the City’s Heritage Officer, any approval that may be issued by Council will contain a condition requiring the retention of


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the sills and the form of the openings to retain the historical authenticity of the building). The proposed bottle shop falls within the use-class ‘Shop’ as defined within TPS7. Table 1 of TPS7 states “…that a ‘Shop’ within the ‘City Centre’ Zone has a ‘P’ (Permitted) designation”. In this regard, the proposal is considered acceptable. There have been representations from the Bunbury Police, the Department of Health and the City’s Community Safety Team regarding the proposed Bottle Shop and the potential associated antisocial behaviour attributed to such uses. These representations are noted, however typically matters concerning the social implications of this form of development are considered formally by the Department of Racing, Gaming and Liquor pursuant to the provision of the Liquor Control Act 1988. Parking As the site falls within the ‘City Centre’ Zone and the floor area for the Bottle Shop is less than 500m², it is considered that there is no requirement for the formal provision of car parking (TPS7 Clause 5.7.3.13). Additionally, the reduction of ‘Tavern’ floor space to accommodate the Bottle Shop will see the reduction in the parking requirement for the site as a whole as there is a lesser requirement for parking under the definition of ‘shop’ in the TPS7. Taking all these factors into account, it is therefore recommended that Council support the proposed development subject to applicable standard development conditions as determined by the Manager Development Assessment and Building Certification. Analysis of Financial and Budget Implications The proposal has no budget implications for the City. Community Consultation Advertising for the proposed development was conducted in July in the form of a site notice, newspaper advertisements and neighbouring resident letter notification. There were no responses either for or against the development from the general public. Both the Bunbury Police and the Department of Health have raised objections to the proposal based primarily on reasons of the exacerbation of existing anti-social behaviour in the Town Centre. Attached at Appendix DPDS-9 is a Schedule of Submissions detailing the main points of objection. Councillor/Officer Consultation Concern has been raised regarding anti-social behaviour associated with licensed premises.


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Economic, Social and Heritage Issues Economic The proposal will see the refurbishment of the front section of the building to include a kitchen. Combined with the creation of a new Bottle Shop, there will be the capacity for the business to employ new staff. Social The Bunbury Police, the Department of Health and the City’s Community Safety Team have objected on the following grounds: - Potential increase in antisocial activity within the CBD (street drinking,

urinating in public, litter, vandalism, assault); - Potential increase in alcohol related hospitalisations. It is noted that the current liquor licence (under Section 41 of the Liquor Control Act 1988) for the site already allows for the sale of alcohol for consumption off-premises. However consideration needs to be given to the documented negative social impacts of alcohol on the community. As previously noted, typically matters concerning the social implications of this form of development are considered formally by the Department of Racing, Gaming and Liquor pursuant to the provision of the Liquor Control Act 1988. Heritage The building is included on the Municipal Inventory and Heritage List (Listing No. B211). The Heritage officer has advised initially that there are no concerns regarding the proposed development, however as a matter of diligence the details of the application have been forwarded to the Heritage Committee for further comment. To assist the Heritage Committee, the applicant has provided a proposed schedule of works and a photograph showing the Colour Scheme of the building in 1996, to which the building will be re-instated (attached at Appendix DPDS-10) At the time of writing this report the Heritage Committee have not met (the meeting will be held on 14 September 2012). Any additional comments will be provided after this date. It is noted that Council previously gave permission for the demolition of the building as per previous approval DA/2010/11/1. Delegation of Authority This application has been assessed purely in regards to the planning related issues only - as per the mandate for Development Assessment. The proposal complies with the requirements for Commercial Development as outlined within the City of Bunbury Town Planning Scheme No.7, and is subsequently considered acceptable. The social implications of this development have not been assessed. As has been mentioned previously in this report, matters concerning the social implications of this form of development are considered formally by the Department of Racing, Gaming and Liquor pursuant to the provision of the Liquor


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Control Act 1988. However in light of the objections raised by the Department of Health, Bunbury Police and the City’s Community Safety Team the application is considered to be contentious at a local level, and as such has been submitted to Council for determination. Relevant Precedents On the 19 of April 2011 Development Approval was conditionally granted (DA/2011/70/1) for a ‘Change of Use to Highway Hotel from ‘Hotel’ to ‘Tavern’’ at LOT: 9 DP: 28896, Strickland Street.


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10.5.6 Change of Use to Community Purpose at No.4/34 Lockwood

Crescent Withers.

File Ref: P05741 Applicant/Proponent: Denichi Koryochiden Jacob Author: Kelly Shore, Planning Officer;

Gary Fitzgerald, Manager Development Assessment and Building Certification


Attachments: Nil Summary The proposal is made by Mr Denichi Koryochiden Jacob for a Change of Use to ‘Community Purpose’ at No.4/34 Lockwood Crescent Withers. The land is zoned ‘Residential R20’ under Town Planning Scheme No. 7 (TPS7). Executive Recommendation Council, pursuant to the provisions of the Planning and Development Act 2005, hereby resolves to: 1. Grant (conditional) Planning Approval to Denichi Koryochiden Jacob in

respect of a Change of Use to Community Purpose at No.4/34 Lockwood Crescent Withers.

[Note: Conditions to be to the satisfaction of the Manager Development Assessment and Building Certification.] Background The subject site was subject of temporary conditional approval for a ‘Community Purpose’ use for a period of one year, issued on 4 March, 2004. The proposed Tai Chi Classes went before Council on the 2 March, 2004 and the recommendation was carried 11 Votes “For”/ Nil Votes “Against”. Prior to this Development Approval the site was approved as a ‘Shop’ (delicatessen). The current application for a ‘Community Purpose’ use is to accommodate the Bunbury Dance Studio. Council Policy Compliance The proposal has been assessed against the provisions of Town Planning Scheme No.7 (TPS7) and the Residential Design Codes (R-Codes) and the following adopted City of Bunbury Local Planning Policies: - Local Planning Policy: Access and Parking for Pedestrians, Bicycles and

Vehicles; and


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- Local Planning Policy: Non-Residential Development within or adjoining Residential Areas

Legislative Compliance Under Clause 9.4.1 (a) of TPS7 the proposal has been advertised (for a period of 14 days), for the reason that the relevant use class is an ‘A’ use in the Zoning Table under the respective zone (Residential). Officer Comments The proposal is considered to be an acceptable use for the site in respect of the existing building not easily being adaptable for residential use. Council records have indicated that the site has been subject to vandalism in the past when the site was vacant. There has been no community opposition to the proposal for the Community Purpose use. As this application for Change of Use is within a Residential Zone it shall be a condition of approval for upgrading of the external appearance of the building and grounds, to retain the established level of amenity in the residential area. Any impact on the established level of amenity in the residential area is considered minimal as a result of this change of use to Community Purpose on a permanent basis as it is a similar use class to that of the previously approved temporary planning approval for use as a Tai Chi studio. Local Planning Policy: Access and Parking for Pedestrians, Bicycles and Vehicles Under clause 8.4: Parking Table of the Policy the requirement for Community Purpose parking is at the Local Government’s discretion. Using a calculation for the most applicable use class, which in this instance the dance studio may be considered as an indoor sports use, with one (1) bay required per four (4) persons. As the maximum allowed number in the building is 20 persons under the Health Act 1911, the parking requirement calculation is based on this figure. There are fourteen (14) bays on site, with a minimum requirement of five (5) bays as per the Table, and with teaching staff and parent drop-off pick ups, fourteen (14) on-site bays is considered sufficient to handle the traffic flow on site. Local Planning Policy: Non-Residential Development within or adjoining Residential Areas The proposal meets the requirements of the Policy to the satisfaction of the Local Government in respect of clause 8.2: Development Standards and Location Requirements of Non-Residential Development within Residential Areas. Under clause 8.2.1, non-residential uses in a Residential Zone may be located within a “Frame Area” as depicted in Map 1 and 2 of the Policy; however, the subject site is not within this location. The proposed location may be justified under clause 8.2.2 of the Policy, which states in summary, that a non-residential use may be considered outside of a “Frame Area” where it can be justified that the proposed land use is in accordance with the Policy. In this instance there is an adjacent Child Care premises and the subject site has a history of approved commercial uses. As the premises has been utilised as a non-residential


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development and is adjacent another non-residential development, it is considered to satisfy the location requirements of the Policy. The existing building has been utilised for commercial tenancies since prior to 2003, and as a Change of Use application there is no additional building work being carried out on the premises beyond maintenance and upgrading of existing facilities. As a requirement of the recommended Development Approval the premises will be required to be renovated and landscaped to the satisfaction of the Local Government to enhance the established level of amenity in the area. Community Consultation Under Clause 9.4.1 (a) of TPS7 the proposal has been advertised for a period of 14 days, as an ‘A’ use under the Zoning Table for a Residential Zone, as follows: - Letters to adjoining land owners. - Sign posted on site for the entirety of the advertising period. - Two consecutive advertisements in the Bunbury Mail, “City Focus”. No public 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-directorate representation.


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10.6 Director Strategic Integration Reports

10.6.1 Scheme Amendment No.63 - Proposed Rezoning of “No Zone” to “Special Use Zone No. 57 – Koombana North Precinct” – Confirmation of initiation in keeping with the draft Scheme Amendment Report.

File Ref: A03183 Applicant/Proponent: City of Bunbury/LandCorp/Taylor Burrell Barnet Author: Kelvin D Storey, Team Leader Integrated Land Use

Planning Executive: Geoff Klem, Director Strategic Integration Attachments: Appendix DSI-1

Summary The City has prepared documentation for Scheme Amendment No.63 on behalf of and with assistance from LandCorp and their consultants Taylor Burrell Barnet (TBB). The Scheme Amendment report is provided as attached at Appendix DSI-1. A scheme amendment to the City of Bunbury Town Planning Scheme No.7 (TPS7) is required in order to progress this particular stage of the Bunbury Waterfront Project, and seeks to establish a Special Use Zone over the Koombana North Precinct, which comprises that area currently used as public parkland situated between Koombana Drive and Ski Beach. The land, approximately 1.27ha in area, has appeared with a “No Zone” designation on the Scheme Map since corresponding amendments were made to Greater Bunbury Region Scheme (GBRS) in 2011. Executive Recommendation That Council: 1. In accordance with the Planning and Development Act 2005, resolve to

initiate Scheme Amendment No. 63 to the City of Bunbury Town Planning Scheme Text and Scheme Map, as detailed in the prepared Local Planning Scheme Amendment Report by: a) inserting and modifying text in Part 6; b) inserting new land use definitions within Schedule 1 – Dictionary of

Defined Words and Expressions; c) inserting additional text to the table in Schedule 2 - Special Use

Zones; d) modifying the Scheme Map by rezoning land included within the

subject site to “Special Use Zone 57 – Koombana North Precinct”. 2. Refer the Scheme Amendment No.63 documentation to the Western

Australian Planning Commission (WAPC) seeking permission to commence public advertising.

3. Refer a copy of the proposed Scheme Amendment No. 63 documentation

to the Environmental Protection Authority (EPA) for preliminary review.


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4. Subject to formal assessment not being required by the EPA and the support of the WAPC to proceed, the proposed Scheme Amendment No. 63 is then to be referred to other relevant public authorities for their consideration and advertised for public comment with a submission period of not less than forty two (42) days.

5. Following public advertising of the proposed Scheme Amendment No. 63,

the proposal and any public submissions lodged with the City during the advertising period is to be returned to Council for further consideration.

Background Earlier this year LandCorp requested that Council initiate a scheme amendment associated with the Koombana North Precinct stage of the Bunbury Waterfront Project. Council agreed to this request at the meeting held on 27 March 2012 (Council Decision 94/12). Whilst initiation was supported in principle, the documentation associated with this had yet to be completed. The draft Scheme Amendment report has now been finalised by the City with support and assistance from the Department of Planning, and this is presented to Council in order that content can be evidenced and the initiation confirmed, thus allowing formal procedures to begin which will lead to public advertising. The draft Structure Plan for the Koombana North Precinct is being prepared by TBB and this is nearing completion. It is expected that this will be reported to Council in October. Strategic Relevance The Bunbury Waterfront Project represents long-term proposals by LandCorp to secure future redevelopment over areas of Crown land along parts of the coastal foreshore including areas of Koombana Bay and the Outer Harbour. The initiative involves the rezoning of land with amendments necessary to both the Greater Bunbury Region Scheme and the City of Bunbury Town Planning Scheme No.7. The area now referred to as Koombana North was included within one of five sub-precincts identified in the City Vision Strategy Action Plan adopted 2007. Despite the passage of time, the key elements that were identified then as needing to be addressed by future development remain relevant today:

- issues associated with an entry statement into the City; public access; provision of and management of regional and local open space; visual impact particularly height, bulk and architectural theme; traffic generation and management; interface with existing uses; and competition from competing uses including civic and cultural.

Council Policy Compliance Provisions included within the Scheme Amendment report draw upon elements of adopted Local Planning Strategies (LPS’s) and Local Planning Policies (LPP’s), and these will continue to guide planning, design and decision making through subsequent stages of the planning process. Key policies include:

- LPP - Building Heights;


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- LPP - Access & Parking for Pedestrian, Bicycles and Vehicles;

- LPP - Marlston Waterfront Design Guidelines. Legislative Compliance The Planning and Development Act 2005, at section 124(3), requires Local Government to ensure that their local planning scheme is consistent with the overarching Region Planning Scheme, and to implement amendments where this is not the case. A scheme amendment is required in order that TPS7 appropriately reflects the “Regional Centre” zoning of this land within the GBRS. Proposals to amend a Local Planning Scheme are required to be undertaken in accordance with the Planning and Development Act 2005 and associated Town Planning Regulations 1967. The Scheme Amendment No.63 report (as initiated) will need to be referred to the Environmental Protection Authority (EPA) and WAPC for their review prior to any formal public advertising period. Once public advertising is concluded, should Council then resolve to adopt the scheme amendment, the amendment documentation, together with the schedule of submissions and Council’s resolution, is to be referred to the WAPC for its endorsement then referral to the Minister for Planning for final approval and gazettal. Officer Comments The Scheme Amendment is necessary in order to respond to recent changes carried out to the GBRS affecting the subject site and to facilitate development in a manner envisaged by the Bunbury Waterfront Project Taskforce. The GBRS amendment in 2011 resulted in the land being zoned as “Regional Centre” in the Region Scheme and then “No Zone” within TPS7 by WAPC, essentially as an interim measure, until such time a formal scheme amendment was advanced and adopted. The amendment to TPS7 to rezone the subject site from “No Zone” to “Special Use Zone No. 57 Koombana North Precinct” provides:

i. an appropriate land use zone, with permissible land uses specified; and

ii. a mechanism by which to ensure future development is in keeping with envisaged outcomes and remains complementary to its immediate setting and local planning context by establishing a suite of site development conditions.

The amendment confirms the requirement for a Structure Plan and sets in place the development criteria and design standards that will need to be adhered to and/or satisfactorily addressed at, or prior to, particular stages in the planning process. Minor changes to Scheme text are also included as part of this amendment proposal and these are detailed within the Scheme Amendment report. It is anticipated that the Scheme Amendment report will be advertised concurrently with the Structure Plan documents (once these are made available and have been presented to Council). Proceeding with the Scheme Amendment at this time enables consultation procedures with EPA and WAPC to be carried


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out in the meantime and without unnecessarily delaying the public advertising of the Structure Plan. Analysis of Financial and Budget Implications There are no direct financial or budgetary implications to the City of Bunbury associated with this decision. Community Consultation Once the EPA has indicated that a full environmental assessment is not required and WAPC grant their consent to proceed, the amendment will be advertised (in the press and by notices on site) seeking public comment for a period of not less than 42 days. On the completion of advertising, submissions are assessed and the amendment is then submitted back to Council for adoption with or without modifications. Councillor/Officer Consultation The City Executive Leadership Team has been presented with the report and concurs with the recommendation. Staff from both the Strategic Integration Directorate and the Planning and Development Services Directorate have collaborated on and facilitated the preparation of this report. This scheme amendment proposal was originally reported to Council on 27 March 2012.


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10.7 Director Works and Services Reports 10.7.1 Airport Advisory Committee Membership

File Ref: A04872 Applicant/Proponent: Internal Report Author: Nigel Archibald, Airport Reporting Officer Executive: Phil Harris, Director Works and Services Attachments: Nil

Summary A vacancy has existed on the Airport Advisory Committee since the passing of John Moir on 31 October 2011. Peter Heyworth has expressed an interest in filling the vacant position. Executive Recommendation Peter Heyworth be appointed to the Bunbury Airport Advisory Committee. Background At the Council Meeting held on 24 July 2012, Council reviewed the Terms of Reference and Composition of the Bunbury Airport Advisory Committee. Council Decision 228/12 resolved that the Committee comprise three (3) Councillors and a maximum of seven (7) airport users. Currently only six (6) airport users have membership to the Committee, with a vacancy existing due to the passing of John Moir on the 31 October 2011. Peter Heyworth is the current President of the Bunbury Aero Club and has expressed an interest in becoming a member to ensure the interests of the Bunbury Aero Club are represented. 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) airport users with voting rights. 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 The Bunbury Aero Club is one of the main users of Bunbury Airport and it is important that their members have a voice on the Airport Advisory Committee. The Airport Reporting Officer supports the nomination by Peter Heyworth.


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Analysis of Financial and Budget Implications Nil Community Consultation At the Bunbury Airport Advisory Committee meeting held on the 23rd August 2012 the following Committee Recommendation was passed:

COMMITTEE RECOMMENDATION Moved: Iain Farmer Seconded: Paul Coffey b) The Airport Advisory Committee supports Peter Heyworth

becoming a member of the Committee with voting rights. Councillor/Officer Consultation Mayor Smith, Cr Cook & Cr McNeill attended the Bunbury Airport Advisory Committee meeting held on Thursday, 23 August 2012 where this topic was discussed.


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11. Applications for Leave of Absence

12. Motions on Notice 12.1 Motion on Notice – Rescission of Motions of Council

File Ref: A00217 Applicant/Proponent: Councillor Ross Slater Author: Councillor Ross Slater Executive: If adopted by Council refer to: Andrew Brien, Chief

Executive Officer Attachments: Nil

Councillor Ross Slater submitted the following motion for the Council Meeting on 25 September 2012: "That in accordance with the provisions of the Local Government Act 1995, Council request the Chief Executive Officer to prepare reports for a future meeting of Council to reconsider previous decisions made in relating to the following: 1. The adoption of the site and proposed development of the Three Waters

Centre; 2. The development of a future Art Gallery, either local or regional; and 3. The construction of a new Council depot. Each of the above matters are to be the subject of a separate report to be provided to Council by 27 November 2012 Ordinary Meeting of Council." Comments - Cr Slater In support of his motion, Cr Slater states that, "In order to commence the proper development of the 10 Year Financial Plan for Council, there is a need to look at a number of the older major projects which Council has not yet progressed. His Worship the Mayor has pointed out on a number of occasions that previous decisions of the Council still stand, therefore if we are to progress with a new vision and focus for the City, there is a real need to revisit some of these projects with a relatively clear outlook. The rescinding of each of these previous decisions (Decision numbers 116/04, 231/10 and 253/08) will ensure that this Council is able to effectively do this." Executive Comments Nil


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Cr Slater’s Motion That in accordance with the provisions of the Local Government Act 1995, Council request the Chief Executive Officer to prepare reports for a future meeting of Council to reconsider previous decisions made in relating to the following: 1. The adoption of the site and proposed development of the Three Waters

Centre; 2. The development of a future Art Gallery, either local or regional; and 3. The construction of a new Council depot. Each of the above matters are to be the subject of a separate report to be provided to Council by 27 November 2012 Ordinary Meeting of Council.


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12.2 Motion on Notice – Parking Ticket Machines

File Ref: A00217 Applicant/Proponent: Councillor Michelle Steck Author: Councillor Michelle Steck Executive: If adopted by Council refer to: Andrew Brien, Chief

Executive Officer Attachments: Nil

Councillor Michelle Steck submitted the following motion for the Council Meeting on 25 September 2012: "1. That Council request the Chief Executive Officer to instigate a revisitation and

review of City of Bunbury Town Planning Scheme 6 Parking Text with a view to readopting them or reassessing their relevance in potentially resolving current parking issues;

2. That Council consult with the Western Australian State Planning Commission in relation to various “Parking Business Models” that it supports or recommends;

3. That Council also investigate Parking Business Models that have been implemented in other Australian Capital Cities including Hobart;

4. That Council immediately consider commencing a staged removal of Street Parking Meters by withdrawing meters from Victoria Street; and

5. That Council request the Chief Executive Officer undertake a cost benefit/analysis study on the nett effect the implementation of meters has had on the City as well as the nett effect the potential removal of Victoria Street parking meters has on the City following 12 months"

Comments - Cr Steck In support of his motion, Cr Steck states that, "Concerns continue to be expressed by members of the CBD retail community and residents in regards to parking in the City. It is apparent that Council needs to reconsider and adopt more sensible policies, that assist the livelihood of retailers and encourage more vibrancy within the CBD. All other major shopping precincts within the City provide free parking zones including the Council owned Plaza carpark. It is considered that by removing parking meters in Victoria Street (and ultimately the whole CBD), Council will be removing the impediment to quick turn around shopping. A revisitation to the old TPS6 Parking Text will allow Council to provide some assistance to potential developers, now more than ever before, particularly given the possible impact the introduction of the Carbon Tax is likely to have on developments. For example: In one recent possible CBD development, provided to Council (RBB Construction Consultants), presented a hypothetical department store development inside the CBD which included an added cost of $2,150,000. I urge Councillor to support the motion."


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Executive Comments Nil Cr Steck’s Motion 1. That Council request the Chief Executive Officer to instigate a revisitation and

review of City of Bunbury Town Planning Scheme 6 Parking Text with a view to readopting them or reassessing their relevance in potentially resolving current parking issues;

2. That Council consult with the Western Australian State Planning Commission in relation to various “Parking Business Models” that it supports or recommends;

3. That Council also investigate Parking Business Models that have been implemented in other Australian Capital Cities including Hobart;

4. That Council immediately consider commencing a staged removal of Street Parking Meters by withdrawing meters from Victoria Street; and

5. That Council request the Chief Executive Officer undertake a cost benefit/analysis study on the nett effect the implementation of meters has had on the City as well as the nett effect the potential removal of Victoria Street parking meters has on the City following 12 months


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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 Tender Road Reconstruction Works to Monkhouse Street, Bunbury

RFT 2012 2013-03 File Ref: A04337 Applicant/Proponent: Internal Report Author: Mark Robson, Manager Contracts and Property Director: Phil Harris, Director Works and Services Attachments: Confidential Report CRUSC-1

Summary The City of Bunbury has advertised for a suitably qualified and experienced Civil Works contractor to undertake the road reconstruction works to Monkhouse Street, Bunbury. Executive Recommendation Council accepts the tendered Lump Sum Fee submitted by J.W Cross and Sons being for the road reconstruction works to Monkhouse Street, Bunbury. Background This tender was advertised in the West Australian and the South West Times newspapers on the 1st and 2nd of August 2012 respectively. Electronic Tender Responses closed at 3:00pm on Thursday, 30 August 2012. The Manager Contracts and Property and the Senior Contracts and Procurement Officer opened the electronic tender box. The documentation was made available via www.tenderlink.com/bunbury/ a total of 374 tenderlink alerts were sent, ten (10) companies downloaded the documentation and at closing, three (3) responses were received from: 1. S &J Excavation 7 Ditchingham Place, Australind WA 6233 2. Geographe Civil 11 Henson Street, Bunbury WA 6230 3. J.W Cross & Sons 11 Yookson Road Picton WA 6229 An evaluation panel comprising the City’s Team Leader Airport and Design and the Senior Contracts and Procurement Officer assessed the tender responses. The tenders were evaluated using the following criteria: - Compliance - Qualitative - Price

http://www.tenderlink.com/bunbury/


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Compliance Criteria The following compliance criteria were used to assess the tenders: a) Compliance with the Specifications contained in the request yes/no b) Compliance with the Conditions of the request yes/no c) Compliance with the delivery date and delivery method of the tender

response yes/no d) Compliance and completion of the Price Schedule yes/no Qualitative Criteria The following Qualitative Criteria were used to assess the tenders: Weighting a) Relevant experience with similar projects 5 b) Key personnel, skills and experiences. 5 c) Methodology 5 d) Contractors resources 5 Price Evaluation of the tender prices (and ranking) has been assessed but because the results are "commercial in confidence" details are listed in a Confidential Report (CRUSC-1) that has been circulated to members under separate cover. Strategic and/or Regional Outcomes Acceptance of the Executive recommendation listed in this report is consistent with the City of Bunbury Strategic Plan 2007-2012, in continuing to maintain and service its assets, infrastructure and road network. Analysis of Financial and Budget Implications Funding for this project has been provided in the 2012-2013 Annual Budget. PR-1084 Reconstruct section of Monkhouse Street, Davenport has a $200,000 budget allocation. This project has to be funded from loan funds and on completion of the project any variations to the project costs will be referred to the next available budget review meeting for consideration. Council Policy Compliance The tender process complies with the requirements of the City's Work Procedure WP4.12 "Tender Procedure and Associated Legislation." Council's CD2 "Purchasing - Local Preference Policy" was applied during evaluation of the tenders but has not affected the outcome. Legislative Compliance Advertising and processing of tenders was conducted in accordance with the Local Government (Function and General) Regulations 1996, Part 4 "Tenders for Providing Goods or Services".


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Delegation of Authority This tender has been dealt with in accordance with Local Government (Functions and General) Regulations 1996 (Part 4 - Tenders for Providing Goods or Services). Relevant Precedents Council has dealt with all tenders previously called.


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15.1.2 Tender for Construction of the Queens Gardens Car Park - RFT 2012

2013 01 File Ref: A05571 Applicant/Proponent: Internal Report Author: Mark Robson, Manager Contracts and Property Director: Phil Harris, Director Works and Services Attachments: Confidential Report CRUSC-2

Summary The City of Bunbury has advertised for a suitably qualified and experienced Civil Works contractor to undertake the construction of a 160 bay car park within Queens Gardens, in Bunbury. Executive Recommendation Council accepts the tendered Lump Sum Fee submitted by Geographe Civil Pty Ltd being for the construction of a 160 bay Car Park in Queens Gardens, Bunbury. Background This tender was advertised in the West Australian and the South West Times newspapers on 25 and 26 of July 2012 respectively. Electronic Tender Responses closed at 2:00pm on Thursday, 30 August 2012. The Manager Contracts and Property and the Senior Contracts and Procurement Officer opened the electronic tender box. The documentation was made available via www.tenderlink.com/bunbury/ a total of 486 tenderlink alerts were sent, eighteen (18) companies downloaded the documentation and at closing, three (3) responses were received from:

1. S &J Excavation 7 Ditchingham Place, Australind WA 6233

2. Geographe Civil 11 Henson Street, Bunbury WA 6230

3. Cabone Bros Po Box 61 Papps Road, Brunswick Junction WA An evaluation panel comprising the City’s Team Leader Airport and Design, Team Leader Parking and the Senior Contracts and Procurement Officer assessed the tender responses. The tenders were evaluated using the following criteria: - Compliance - Qualitative - Price Compliance Criteria The following compliance criteria were used to assess the tenders: a) Compliance with the Specifications contained in the request yes/no b) Compliance with the Conditions of the request yes/no

http://www.tenderlink.com/bunbury/


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c) Compliance with the delivery date and delivery method of the tender response yes/no

d) Compliance and completion of the Price Schedule yes/no Qualitative Criteria The following Qualitative Criteria were used to assess the tenders: Weighting a) Relevant experience with similar projects 5 b) Key personnel, skills and experiences. 5 c) Methodology 5 d) Contractors resources 5 Price Evaluation of the tender prices (and ranking) has been assessed but because the results are "commercial in confidence" details are listed in a Confidential Report (CRUSC-2) that has been circulated to members under separate cover. Strategic and/or Regional Outcomes Acceptance of the recommendation listed in this report is consistent with the City of Bunbury Strategic Plan 2007-2012, in continuing to maintain and service its assets, infrastructure and road network. Analysis of Financial and Budget Implications Funding for this project has been provided in the 2012-2013 Annual Budget. PR-1041 Design and Construct car park Cobblestone Drive Stage 2 has a $602,000 budget allocation made up of 50% loan funds and 50% reserve fund contributions. The preferred Tenderer has offered to complete the construction of the car park bay component of the project, the balance of the budget allocation for this project is required to undertake ancillary works directly associated with the project including but not limited to the completion of landscaping and reticulation, the relocation of services affected by the project, the installation of lighting and security cameras and the relocation of the Dragon Boat compound Council Policy Compliance The tender process complies with the requirements of the City's Work Procedure WP4.12 "Tender Procedure and Associated Legislation." Council's CD2 "Purchasing - Local Preference Policy" was applied during evaluation of the tenders but has not affected the outcome. Legislative Compliance Advertising and processing of tenders was conducted in accordance with the Local Government (Function and General) Regulations 1996, Part 4 "Tenders for Providing Goods or Services".


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Delegation of Authority This tender has been dealt with in accordance with Local Government (Functions and General) Regulations 1996 (Part 4 - Tenders for Providing Goods or Services). Relevant Precedents Council has dealt with all tenders previously called.


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15.1.3 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

Gary Fitzgerald, Manager Development Assessment and Building Certification


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

15.1.4 Annual Performance Review - Chief Executive Officer

File Ref: PER/32 Applicant/Proponent: CEO Performance Review Panel Author: Cr Brendan Kelly (Presiding Member – CEO

Performance Review Panel) Executive: Andrew Brien, Chief Executive Officer Attachments: Nil

A confidential report and recommendation has previously been circulated to members under separate cover.

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

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