shire of ashburton 20...minutes – ordinary meeting of council 20 july 2011 5 1.07.0 declaration of...

MINUTES – ORDINARY MEETING OF COUNCIL 20 JULY 2011

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SHIRE OF ASHBURTON

ORDINARY COUNCIL MEETING

MINUTES

Ashburton Hall PARABURDOO

20 July 2011


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SHIRE OF ASHBURTON

ORDINARY COUNCIL MEETING Dear Councillor Notice is hereby given that an Ordinary Meeting of the Council of the Shire of Ashburton will be held on Wednesday 20 July 2011 at the Ashburton Hall, Paraburdoo commencing at 3.00 pm. The business to be transacted is shown in the Agenda. Jeff Breen CHIEF EXECUTIVE OFFICER 13 July 2011

DISCLAIMER The recommendations contained in the Agenda are subject to confirmation by Council. The Shire of Ashburton warns that anyone who has any application lodged with Council must obtain and should only rely on written confirmation of the outcomes of the application following the Council meeting, and any conditions attaching to the decision made by the Council in respect of the application. No responsibility whatsoever is implied or accepted by the Shire of Ashburton for any act, omission or statement or intimation occurring during a Council meeting.


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1.07.0 DECLARATION OF OPENING........................................................................................................................... 5

2.07.0 ANNOUNCEMENT OF VISITORS ..................................................................................................................... 5

3.07.0 ATTENDANCE .................................................................................................................................................... 5

3.07.01 PRESENT............................................................................................................................................................ 5

3.07.02 APOLOGIES........................................................................................................................................................ 5

3.07.03 APPROVED LEAVE OF ABSENCE ................................................................................................................... 5

4.07.0 PUBLIC QUESTION TIME .................................................................................................................................. 5

4.07.01 RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE ........................................................ 5

4.07.02 PUBLIC QUESTION TIME .................................................................................................................................. 6

5.07.0 APPLICATIONS FOR LEAVE OF ABSENCE ................................................................................................... 6

6.07.0 PETITIONS / DEPUTATIONS / PRESENTATIONS ........................................................................................... 6

6.07.01 PETITIONS.......................................................................................................................................................... 6

6.07.02 DEPUTATIONS ................................................................................................................................................... 6

6.07.03 PRESENTATIONS .............................................................................................................................................. 6

7.07.0 CONFIRMATION OF MINUTES OF PREVIOUS MEETING .............................................................................. 7

7.07.01 ORDINARY MEETING OF COUNCIL HELD ON 15 June 2011 ......................................................................... 7

7.07.02 SPECIAL MEETING OF COUNCIL HELD ON 28 June 2011 ............................................................................ 7

8.07.0 ANNOUNCEMENTS BY THE PRESIDING PERSON WITHOUT DISCUSSION .............................................. 7

9.07.0 DECLARATION BY MEMBERS ......................................................................................................................... 7

9.07.01 DECLARATION OF INTEREST .......................................................................................................................... 8

10.07.0 ENGINEERING SERVICES REPORTS ............................................................................................................. 9

10.07.12 RFT 07/11 A, B, C & D– SUPPLY OF ELECTRICAL, WATER & SEWERAGE MATERIALS; PROVISION OF ELECTRICAL & PLUMBING SERVICES ............................................................................................................ 9

10.07.13 ENGINEERING SERVICES DECISION STATUS REPORT ............................................................................ 13

11.07.0 COMMUNITY & ECONOMIC SERVICES REPORT ........................................................................................ 14

11.07.10 COMMUNITY & ECONOMIC SERVICES DECISION STATUS REPORT ....................................................... 14

12.07.0 CORPORATE SERVICES REPORTS .............................................................................................................. 16

12.07.32 USE OF COMMON SEAL UNDER DELEGATED AUTHORITY ...................................................................... 16

12.07.33 CEO PERFORMANCE REVIEW AND KPIs ..................................................................................................... 18

12.07.34 RECEIPT OF FINANCIALS AND SCHEDULE OF ACCOUNTS FOR MONTHS OF MAY AND JUNE 2011 . 20

12.07.35 ADOPTION OF DRAFT ANNUAL BUDGET 2011/2012 ................................................................................... 22

12.07.36 STRUCTURE REVIEW ..................................................................................................................................... 29

12.07.38 CORPORATE SERVICES DECISION STATUS REPORT .............................................................................. 33

13.07.0 DEVELOPMENT SERVICES REPORTS ......................................................................................................... 36

13.07.43 DEVELOPMENT APPROVALS ISSUED UNDER DELEGATION – SHIRE OF ASHBURTON TOWN PLANNING SCHEME NO. 7 ............................................................................................................................. 36

13.07.44 APPLICATION FOR PLANNING APPROVAL – EXTENSION TO STADIUM ROAD/CENTRAL AVENUE SHOPPING CENTRE ........................................................................................................................................ 38


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13.07.45 REQUEST TO REVIEW PLANNING APPROVAL CONDITION - MOTEL/RESTAURANT DEVELOPMENT, LOT 447 THIRD AVENUE, ONSLOW .............................................................................................................. 45

13.07.46 APPLICATION FOR PLANNING APPROVAL FOR A 1500 PERSON CONSTRUCTION ACCOMMODATION VILLAGE („TRANSIENT WORKFORCE ACCOMMODATION‟) FOR THE SOLOMON MINE PROJECT ....... 48

13.07.47 DEVELOPMENT APPLICATION – CONSTRUCTION OF OVAL, GOLF AND SHADE FACILITIES, MESA A CAMP, CROWN LOT 107 (SPECIAL LEASE 3116/8656) LOCATED 60KM WEST OF PANNAWONICA ..... 57

13.07.48 APPLICATION FOR PLANNING APPROVAL FOR CENTRAL FACILITIES AREA ASSOCIATED WITH THE SOLOMON MINE PROJECT ............................................................................................................................ 61

13.07.49 REVISED PLANS - PROPOSED MIXED USE DEVELOPMENT COMPRISING THREE TWO STOREY OFFICE/RESIDENTIAL (MANAGER‟S UNITS), LOT 311 (No. 16) SECOND AVENUE ONSLOW ................ 65

13.07.50 APPLICATION FOR PLANNING APPROVAL FOR LANDFILL AT LOT 300 (RESERVE 50203) BINGARN ROAD, TOM PRICE .......................................................................................................................................... 68

13.07.51 REQUEST FOR CLOSURE OF UN-NAMED GAZETTED ROADS 8399 AND 8400, ASHBURTON NORTH 79

13.07.52 DRAFT LOCAL PLANNING SCHEME AMENDEMENT NO. 7 (CONSIDERATION FOR ADOPTION FOR FINAL APPROVAL) AND ADOPTION OF DRAFT LOCAL PLANNING POLICY ............................................ 83

13.07.53 DEVELOPMENT APPLICATION – PROPOSED HAMERSELY AGRICULTURAL PROJECT, MARANDOO HAMERSLEY PASTORAL STATION (PL 3114 1277), TOM PRICE ............................................................... 91

13.07.54 DRAFT LOCAL PLANNING POLICY – ROCKLEA PALMS, PARABURDOO CONCEPT PLAN .................. 100

13.07.56 DEVELOPMENT SERVICES DECISION STATUS REPORT ........................................................................ 106

14.07.0 WESTERN OPERATIONS REPORTS ........................................................................................................... 124

14.07.11 WESTERN OPERATIONS DECISION STATUS REPORT ............................................................................ 124

15.07.0 NEW BUSINESS OF AN URGENT NATURE INTRODUCED BY DECISION OF MEETING ....................... 127

16.07.0 CONFIDENTIAL REPORTS ........................................................................................................................... 127

16.07.13 CONFIDENTIAL ITEM – WITTENOOM ASBESTOS LITIGATION ................................................................ 128

16.07.14 CONFIDENTIAL ITEM - SHIRE OF ASHBURTON COLLECTIVE AGREEMENT 2011 ................................ 129

16.07.15 CONFIDENTIAL ITEM - ONSLOW SOCIAL INFRASTRUCTURE NEGOTIATIONS .................................... 131

16.07.16 CONFIDENTIAL ITEM – RECRUITMENT OF EXECUTIVE MANAGER, COMMUNITY DEVELOPMENT .. 132

13.07.0 DEVELOPMENT SERVICES REPORTS - CONTINUATION ........................................................................ 133

13.07.55 REQUEST TO REVOKE COUNCIL RESOLUTION - AGENDA ITEM 13.06.36 ORDINARY MEETING OF COUNCIL 15 JUNE 2011 - DRAFT ASHBURTON NORTH STRATEGIC INDUSTRIAL AREA STRUCTURE PLAN AND DRAFT AMENDMENT NO. 10 TO PLANNING SCHEME NO.7 FOR ADVERTISING ............... 133

17.07.0 COUNCILLOR AGENDA ITEMS .................................................................................................................... 146

19.07.0 CLOSURE OF MEETING ............................................................................................................................... 146


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1.07.0 DECLARATION OF OPENING

The Shire President declared the meeting open at 3.04 pm.

2.07.0 ANNOUNCEMENT OF VISITORS

The Shire President welcomed Vince Catania, MLA Member for North West, Ford Murray and Scott Hansen from FMGL and members of the public to the public gallery.

3.07.0 ATTENDANCE

3.07.01 PRESENT

Cr G Musgrave Shire President, Tom Price Ward Cr L Rumble Deputy President, Paraburdoo Ward Cr T Bloem Tom Price Ward Cr L Thomas Tableland Ward Cr K White Onslow Ward Cr D Wright Pannawonica Ward Cr I Dias Paraburdoo Ward

Mr J Breen Chief Executive Officer Mr F Ludovico Executive Manager Corporate Services Mr G Brayford Executive Manager Engineering Services Ms A O‟Halloran Executive Manager Western Operations Mrs Heather Patmore A/Executive Manager, Community & Economic Services Mr R Paull Principal Town Planner Ms J Smith Executive Assistant CEO Ms C Shaw Administration Assistant

3.07.02 APOLOGIES

Council Decision

MOVED: Cr Dias SECONDED: Cr Thomas That Council accept apologies from Cr Corker and Cr Shields.

CARRIED 7/0

3.07.03 APPROVED LEAVE OF ABSENCE There are no Leave of Absence for this meeting.

4.07.0 PUBLIC QUESTION TIME

4.07.01 RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE

At the Ordinary Meeting of Council held on 15 June 2011 no public question were taken on notice


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4.07.02 PUBLIC QUESTION TIME

4.07.02.01 Colin Macartney, President – Paraburdoo Squash Club tabled the following questions. The questions were taken on notice and a written response will be provided.

Q1. Can the Shire please advise me what they intend to do to improve the squash courts in the Sports Pavilion. One court is currently out of service and

previous requests for repairs have been declined. The club has decided to proceed to repair the court to ensure the club continues as a sporting option for the town.

5.07.0 APPLICATIONS FOR LEAVE OF ABSENCE Applications have been received from Cr Bloem for leave of absence for the Ordinary

Council Meeting being held on 17 August 2011 and from Cr Wright for leave of absence for the Ordinary Council Meeting being held on 21 September 2011.

Council Decision

MOVED: Cr Dias SECONDED: Cr Rumble That Council accept the applications for leave of absence from Cr Tony Bloem for the Ordinary Council Meeting being held on 17 August 2011 and Cr Dennis Wright for the Ordinary Meeting of Council being held on 21 September 2011.

CARRIED 7/0

6.07.0 PETITIONS / DEPUTATIONS / PRESENTATIONS 6.07.01 PETITIONS

There were no petitions presented to Council.

6.07.02 DEPUTATIONS There were no deputations presented to Council.

6.07.03 PRESENTATIONS Ford Murray from FMGL introduced to Council, Scott Hansen, FMGL‟s new

Superintendant Community – Tom Price. Vince Catania, MLA Member for North West alerted Council to the proposed electoral

boundaries and gave an overview of the Royalties for Regions Programs.

Rob Paull entered the meeting at 3.15 pm.


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7.07.0 CONFIRMATION OF MINUTES OF PREVIOUS MEETING

7.07.01 ORDINARY MEETING OF COUNCIL HELD ON 15 June 2011

Council Decision MOVED: Cr Dias SECONDED: Cr Bloem

That the Minutes of the Ordinary Meeting of Council held on 15 June 2011, as previously circulated on 29 June 2011, be confirmed as a true and accurate record.

CARRIED 7/0

Amanda O‟Halloran left the meeting at 3.20 pm. Amanda O‟Halloran entered the meeting at 3.21 pm.

7.07.02 SPECIAL MEETING OF COUNCIL HELD ON 28 June 2011

Council Decision MOVED: Cr Bloem SECONDED: Cr Rumble

That the Minutes of the Special Meeting of Council held on 28 June 2011, as previously circulated on 24 July 2011, be confirmed as a true and accurate record.

CARRIED 7/0

8.07.0 ANNOUNCEMENTS BY THE PRESIDING PERSON WITHOUT DISCUSSION

Cr Musgrave publicly thanked all those involved with staging the Passion of the Pilbara and in particular Ken Grant, Peta Hayto, Jenny Chance and the Onslow Shire Staff for the effort they put in to making this event a success.

9.07.0 DECLARATION BY MEMBERS

Cr‟s Musgrave, Rumble, Dias, Bloem, White, Thomas and Wright stated that they had given due consideration to all matters contained in the Agenda before the meeting.


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9.07.01 DECLARATION OF INTEREST

Councillors to Note

A member who has a Financial Interest in any matter to be discussed at a Council or Committee Meeting, that will be attended by the member, must disclose the nature of the interest:

(a) In a written notice given to the Chief Executive Officer before the Meeting or;

(b) At the Meeting, immediately before the matter is discussed.

A member, who makes a disclosure in respect to an interest, must not:

(c) Preside at the part of the Meeting, relating to the matter or;

(d) Participate in, or be present during any discussion or decision-making procedure relative to the matter, unless to the extent that the disclosing member is allowed to do so under Section 5.68 or Section 5.69 of the Local Government Act 1995.

NOTES ON FINANCIAL INTEREST (FOR YOUR GUIDANCE)

The following notes are a basic guide for Councillors when they are considering whether they have a Financial Interest in a matter.

I intend to include these notes in each agenda for the time being so that Councillors may refresh their memory.

1. A Financial Interest requiring disclosure occurs when a Council decision might advantageously or detrimentally affect the Councillor or a person closely associated with the Councillor and is capable of being measure in money terms. There are exceptions in the Local Government Act 1995 but they should not be relied on without advice, unless the situation is very clear.

2. If a Councillor is a member of an Association (which is a Body Corporate) with not less than 10 members i.e. sporting, social, religious etc), and the Councillor is not a holder of office of profit or a guarantor, and has not leased land to or from the club, i.e., if the Councillor is an ordinary member of the Association, the Councillor has a common and not a financial interest in any matter to that Association.

3. If an interest is shared in common with a significant number of electors or ratepayers, then the obligation to disclose that interest does not arise. Each case needs to be considered.

4. If in doubt declare.

5. As stated in (b) above, if written notice disclosing the interest has not been given to the Chief Executive Officer before the meeting, then it MUST be given when the matter arises in the Agenda, and immediately before the matter is discussed.

6. Ordinarily the disclosing Councillor must leave the meeting room before discussion commences. The only exceptions are:

6.1 Where the Councillor discloses the extent of the interest, and Council carries a motion under s.5.68(1)(b)(ii) or the Local Government Act; or

6.2 Where the Minister allows the Councillor to participate under s.5.69(3) of the Local Government Act, with or without conditions.


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10.07.0 ENGINEERING SERVICES REPORTS

10.07.12 RFT 07/11 A, B, C & D– SUPPLY OF ELECTRICAL, WATER & SEWERAGE MATERIALS; PROVISION OF ELECTRICAL & PLUMBING SERVICES

FILE REFERENCE: AS.TE.11.07

AUTHOR‟S NAME AND POSITION:

Anika Serer Land Development and Marketing Coordinator

NAME OF APPLICANT/ RESPONDENT:

Not Applicable

DATE REPORT WRITTEN: 5 July 2011

DISCLOSURE OF FINANCIAL INTEREST:

The author has no financial interest

PREVIOUS MEETING REFERENCE:

Agenda Item 10.07.19 Ordinary Council Meeting – 21 August 2007 – Residential Land Development – Tom Price Agenda Item 10.08.13 Ordinary Council Meeting – 19 August 2008 – Proposed Sale of Land – Lot 308 Boonderoo Road, Tom Price

Summary Tenders were called on 14 May 2011 for the:

1. Supply of Electrical Materials; 2. Supply of Water & Sewer Materials; 3. Provision of Electrical Services; 4. Provision of Plumbing Services to service the residential and industrial subdivisions in Tom Price.

The Tender period closed at 3.00pm on 2nd June 2011.

ATTACHMENT 10.07.12 Background The Shire has undertaken the development of one light industrial (Boonderoo Road) and two residential (Warara Street & Pilkena/Yaruga Streets) subdivisions in Tom Price.

Boonderoo Road consists of 6 lots zoned „Mixed Business‟. Warara Street & the Pilkena/Yaruga Street developments will yield 37 residential lots. The 3 subdivisions have received conditional approval from Western Australian Planning Commission (WAPC) subject to the provision of suitable water supply, underground electricity and sewer (except for Boonderoo Road) approved by Rio Tinto.


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The subdivisions were sold at auction on 19th February 2011 & 19th March 2011, yielding $10,707,000 in sales. Settlement of the sales is subject to titles being issued upon completion of the subdivision conditions.

The Shire engaged the services of Civil and Electrical Engineers to prepare service designs for sewer, water and electricity which have now been approved by Rio Tinto.

A Request for Tender (RFT07/11) was issued on 14 May 2011to:

A) Supply the electrical materials B) Supply the plumbing materials C) Provide electrical services D) Provide plumbing services

required to undertake the installation to the subdivisions.

Tender parts A & B required a lump sum amount for the provision of materials as detailed in the Request, including freight.

Tender parts C & D required hourly rates to be provided for appropriately qualified trades (electrical supervisor, electrician, plumbing supervisor, plumber), plant and other labour hire. These rates would be fixed for a period of 12 months and may be applied to other works carried out for the Shire of Ashburton.

The subdivision works will be carried out by the Shire of Ashburton in conjunction with supervisory services provided by the Electrical & Plumbing Tenders, and Rio Tinto.

Rio Tinto has agreed to supply and install some components of the electrical installation including substations & HV connections. This will provide savings to the Shire as Rio Tinto have greater buying capacity with the substation/transformer providers. As a result it should be noted that these costs have not been included in the Tender for electrical materials and will be an additional expense in the completion of the subdivisions.

Comment Tender submissions were assessed in accordance with their ability to provide quality products and/or services at a competitive price. The Shire of Ashburton Procurement Policy was also taken into consideration.

Tender submissions were received from the following:

RFT 07/11A: Jakamo Remote Services $385,507.82 excl GST Symmetrical Group $340,768.00 excl GST IPLEX Pipelines (non- conforming) $ 41,284.24 excl GST

RFT 07/11B: Jakamo Remote Services $ 72,786.18 excl GST IPLEX Pipelines (non-conforming) $ 20,019.00 excl GST

RFT 07/11C: Jakamo Remote Services $97.50 p/hr excl GST (electrician) Symmetrical Group $97.00 p/hr excl GST

RFT 07/11D: Jakamo Remote Services $94.00 p/hr excl GST (plumber)


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It should be noted that IPLEX Pipelines submitted non-conforming Tenders for parts A & B which did not allow for all materials required. These Tenders were not considered.

A breakdown and assessment of the Tender submissions is attached.

Consultation Chief Executive Officer Executive Manager Engineering Services Construction Manager

There has been no community consultation on this matter.

Statutory Environment Section 3.57, Local Government Act 1995 and Part 4, Local Government Act (Functions and General) Regulations 1996

Section 5.42 of the Local Government Act allows Council to delegate to the Chief Executive Officer the exercising of the powers available to it. An absolute majority is required. Policy Implications FIN04 – Buy Local – Regional Price Preference Policy considered FIN12 – Purchasing & Tender Policy considered

Financial Implications Best Value outcomes achieved. Expenditure provided for in 2011/2012 Budget.

Strategic Implications The sale will assist in achieving the focus as stated in the Shire‟s Strategic Plan 2007-2011: “Strengthen and diversify opportunities and experiences for people living, visiting, working and learning in the Shire”.

Voting Requirement Simple Majority Required


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Council Decision

MOVED: Cr Bloem SECONDED: Cr Dias

That Council:

(a) Accepts the following:

1. RFT 07/11A submission from Symmetrical Group for the sum of $340,768 excl GST; 2. RFT 07/11B submission from Jakamo Remote Services for the sum of $72,786.18

excl GST; 3. RFT 07/11C submission from Symmetrical Group (rates as per attached Tender

assessment) for the provision of electrical services to the Shire for 12 months; 4. RFT 07/11D submission from Jakamo Remote Services (rates as per attached Tender

assessment) for the provision of plumbing services to the Shire for 12 months.

(b) That the Chief Executive Officer is provided with delegated authority to negotiate and award Tender to the above Tenderers.

CARRIED 7/0


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10.07.13 ENGINEERING SERVICES DECISION STATUS REPORT

#

Council Meeting

(mm/yy)

Agenda Ref.

Report Title Council Decision Current Status

1 06/11 10.06.10 Request for approval of concept design of Tom Price Sports Pavilion

That Council approve the tabled Concept Design of the Tom Price Sports Pavilion.

Noted. Design will be progressed to a more detailed stage. (June 2011)

2 04/08 10.04.08 Relocation of Onslow Landfill

1. That the new Onslow Landfill Site be located adjacent to Onslow Road, 17km from Onslow as identified as Site 3 by the consultant, Sinclair Knight Mertz in its report titled „Onslow Landfill Options‟ subject to environmental approvals being forthcoming.

2. That following relevant approvals being obtained for Site 3, the site be used as the new Onslow Landfill Site. A Further transfer station be established on the existing landfill site in Eagle Nest Rd following closure and rehabilitation of that site.

3. That funds amounting to $100,000 be transferred from the Urban Road Maintenance Account No E121045 (Spent to Date $135,000 from budget $410,000) and that a new account be established to carry out further investigative works on Site 3 prior to seeking approvals and final design.

EOI delayed but to occur in June 2011. (June 2011) EOI advertised and will close 22

nd July 2011

Council Decision

MOVED: Cr Dias SECONDED: Cr Thomas

That Council note the contents of the Engineering Services Decision Status Report.

CARRIED 7/0


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11.07.0 COMMUNITY & ECONOMIC SERVICES REPORT

11.07.10 COMMUNITY & ECONOMIC SERVICES DECISION STATUS REPORT # Council

Meeting

(mm/yy)

Agenda

Ref. Report Title Council Decision Current Status

1 08/09 11.08.12 Location of Entry Statement – Tom Price

Council appoint Crs Fernandez, Musgrave and Bloem, the Executive Manager, Community & Economic Services Larry Softley and the Executive Manager, Engineering Services, Jeff Breen to a working group for the purpose of looking at all the options for the establishment of the Tom Price Town Entry Statement. June 2011 – Council Noted. Funds for the project had been allocated and the project needs to be completed.

Ongoing. Meeting with Mike Fisher and Mark Eaglesham to discuss design / implementation of rock painted by local Aboriginal Artist as a feature of the entry statement 24

th

August. Due to Mark Eaglesham‟s leave arrangements will now be meeting 23

rd September

2010. Mike Fisher to develop conceptual plans for presentation to Councillors. Shire President emphasized that after the discussions and presentation by Matt Bird on the Shire Tourism Strategic Plan it had occurred to him that we need to take an holistic approach to the Shires developments of all entry statements and information bays within our Shire towns and decide how we will approach these developments in light of the fact that the PRC has


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# Council Meeting

(mm/yy)

Agenda


commissioned consultants to report back on a common approach to information bay and town signage from a tourism perspective. It was decided by the Tom Price Entry Statement Working Group to await the outcomes of the PRC consultant. (Sept 2010)

2 08/08 11.08.08 Review of Council Policies – Recreation & Culture

Requests the Chief Executive Officer to conduct a further review in relation to Council Policies REC05 & REC07 and report back to Council.

Ongoing. Grant application to TQUAL to employ a consultant for 10 days a month to develop tourism policies and procedures. (June 2011)

Council Decision

MOVED: Cr White SECONDED: Cr Dias

That Council note the contents of the Community and Economic Services Status Report.

CARRIED 7/0


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12.07.0 CORPORATE SERVICES REPORTS

12.07.32 USE OF COMMON SEAL UNDER DELEGATED AUTHORITY

FILE REFERENCE: AS.AS AUTHOR‟S NAME AND POSITION:

Janyce Smith Executive Assistant CEO


Not Applicable

DATE REPORT WRITTEN: 8 July 2011 DISCLOSURE OF FINANCIAL INTEREST:

The author has no financial interest in this matter.


Not Applicable

Summary This report details the use of the Common Seal of the Shire of Ashburton under Delegated Authority.

Background At the 11 April 2006 Council Meeting, Council noted the contents of a report which outlined a proposal to regularly inform Council of details relating to the use of the Common Seal. Comment The Common Seal has been affixed to the following documents since this matter was last reported to Council: Seal 362 Recreational Boating Facilities Scheme Funding Agreement – Beadon Creek Boat Ramp

Upgrade between The Minister for Planning and Infrastructure for and on behalf of The State of Western Australia and Shire of Ashburton – 2005 Certificate of Completion and Statement of Expenditure

Seal 363 Recreational Boating Facilities Scheme Funding Agreement – Beadon Creek Boat Ramp between The Minister of Transport and Shire of Ashburton – 2007 Certificate of Completion and Statement of Expenditure

Seal 364 Recreational Boating Facilities Scheme Funding Agreement between Minister for Transport and Shire of Ashburton for Beadon Creek Boat Ramp Upgrade Stage 2 Round 13 2008, Certificate of completion and Statement of Expenditure

Seal 365 Formal Instrument of Agreement – RFT 06/11 Design and Construction of Three (3) Residential Buildings Onslow

Seal 366 Country Arts WA Inc and Shire of Ashburton for 2011 WA intrastate tour of Project X by RawDance Company

Seal 367 Emergency Services Levy (ESL) Administration – Section 3625 “Option B‟‟ Agreement


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Seal 368 Deed of Discharge and Release between Mark Middleton and CSR Ltd, Midalco Pty Ltd, Hancock Prospecting Ltd, Wright Prospecting Pty Ltd, State of WA and Shire of Ashburton

Seal 369 Grant – Project Management – Local government Reform Program and Long Term Financial Planning – Department of Local Government

Seal 370 Application for Credit Account with Quality Press. Consultation Chief Executive Officer Statutory Environment Section 9.49 of the Local Government Act 1995 Policy Implications There are no policy implications relevant to this issue. Financial Implications There are no specific financial implications related to this issue. Strategic Implications Strategic Plan 2008-2011 (Incorporating Plan for the Future) 6 – Well Managed and Contemporary Corporation Statutory Compliance, compliance with Shire of Ashburton procedures and policies Voting Requirement Simple Majority Required

Council Decision MOVED: Cr Thomas SECONDED: Cr Wright That Council note the contents of this „‟Use of Common Seal under Delegated Authority‟ report.

CARRIED 7/0


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12.07.33 CEO PERFORMANCE REVIEW AND KPIs

FILE REFERENCE: JA02 AUTHOR‟S NAME AND POSITION:

Jeff Breen Chief Executive Officer


Not Applicable


The author has an interest in this matter as it pertains directly to the assessment by Council of his performance.


Not Applicable

Summary The Chief Executive Officer‟s (CEO) current contract sets out requirements for an annual performance review and performance criteria. It is proposed that a CEO Performance Review Panel be established, relevant and measurable performance criteria be agreed and a formal review held annually with informal reviews (suggested biannually) as required.

Background The Local Government Act 1995 requires that, “The performance of each employee who is employed for a term of more than one year, including the CEO and each senior employee, is to be reviewed at least once in relation to every year of the employment.” (Clause 5.38) The establishment of CEO performance criteria relevant to the achievement of Council‟s strategic direction is not only important for measuring CEO performance but it also establishes a cascade of performance criteria for Executive Managers, Managers, etc. Currently there is no consistent method or process for establishing these criteria. It is equally important to assess actual performance against the agreed performance criteria in a consistent and timely manner. A process needs to be established to ensure that this occurs and it must be seen to commence with the CEO. Comment Morrison Lowe, consultant that has undertaken the structure review, has been engaged to assist the CEO and Council to establish performance criteria.


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It is suggested that a panel of three Councillors be appointed by Council to agree the performance criteria. This panel would then meet, as required, but at least biannually, with the CEO to assess the CEO‟s performance. The first scheduled review meeting would occur on the anniversary of the CEO‟s contract (December 2011) and then biannually or as required. Consultation Shire President Statutory Environment Section 5.38, Local Government Act 1995 Policy Implications None at this stage however a policy of Council may be established to ensure consistent application of the CEO‟s performance Review Financial Implications There are no Financial Implications Strategic Implications Strategic Objective 6 - A Well Managed and Contemporary Corporation Voting Requirement Absolute Majority Required Officers Recommendation

Council Decision MOVED: Cr Dias SECONDED: Cr Rumble That:

1. Council appoints Cr Musgrave, Cr Rumble, Cr Thomas as the CEO Performance Review Panel.

2. Council directs the panel to establish and agree performance criteria with the CEO. 3. Council directs the panel to review the CEO‟s performance on the anniversary of the

CEO‟s contract and then biannually or as required. 4. Directs the panel to report to Council the agreed performance criteria and any

performance reviews undertaken.

CARRIED 7/0

ABSOLUTE MAJORITY


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12.07.34 RECEIPT OF FINANCIALS AND SCHEDULE OF ACCOUNTS FOR MONTHS OF MAY AND JUNE 2011

FILE REFERENCE: FI.RE AUTHOR‟S NAME AND POSITION:

Linda McCarthy Finance Manager


Not Applicable


The author has no financial interest in this item


Not Applicable

Summary In accordance with Regulation 34 of the Local Government (Financial Management) Regulations, the Shire is to prepare a monthly Statement of Financial Activity for consideration by Council.

Background Regulation 34 of the Local Government (Financial Management) Regulations requires the Shire to prepare a monthly statement of Financial Activity for consideration by Council. Comment This report presents a summary of the financial activity for the following month:

May 2011

Statements of Financial Activity and associated statements for the Month of May 2011.

ATTACHMENT 12.07.34A

June 2011

Credit Card Statements for Chief Executive Officer, Executive Managers of Engineering Services, Community & Economic Services, Western Operations and Corporate Services, and Manager of Building Services.

Schedule of Accounts paid under delegated authority.

ATTACHMENT 12.07.34B ATTACHMENT 12.07.34C


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Consultation Executive Manager Corporate Service Other Executive Managers Finance Manager Finance Officers Consultant Accountant Statutory Environment Section 6.4 Local Government Act 1995, Part 6 – Financial Management, and Regulation 34Local Government (Financial Management) Regulation 1996

Policy Implications There are no Council Policies relevant to this issue. Financial Implications Financial implications and performance to budget are reported to Council on a monthly basis. Strategic Implications There are no strategic implications relevant to this issue. Voting Requirement Simple Majority Required

Council Decision MOVED: Cr Bloem SECONDED: Cr Wright That Council receive the Financial Reports for May 2011 and Schedule of Accounts and Credit Card Statements for June 2011.

CARRIED 7/0


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12.07.35 ADOPTION OF DRAFT ANNUAL BUDGET 2011/2012

FILE REFERENCE: FI.BU.11.12 AUTHOR‟S NAME AND POSITION:

Frank Ludovico Executive Manager Corporate Services


Not Applicable




No previous meeting reference

Summary The draft Annual Budget for the year ended 30 June 2012 was workshopped by Council at its May and June 2011 Briefing Sessions. The statutory form of the budget has now been finalised, taking into account Council‟s input at these workshops. The document is now submitted to Council for formal adoption. The draft 2011/2012 Annual Budget is attached.

Background The draft 2011/2012 Annual Budget has been compiled based on the principles contained in the Strategic Plan and Plan for the Future. The 2011/12 draft Annual Budget has been prepared taking into account the issues workshopped by Council at its May and June 2011 Briefing Sessions. The proposed differential rates were approved by the Council on 15 June 2011 and advertised for public comment. No submissions were received by 11July 2011 when the public comment period closed. A request for approval to use these rates in the dollar has been submitted to the Minister for Local Government for his approval.

ATTACHMENT 12.07.35


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Comment The budget has been prepared to include information required by the Local Government Act 1995, Local Government (Financial Management) Regulations 1996 and Australian Accounting Standards. The main features of the draft budget include:

The budget has been prepared with a rate in the dollar increase of 3% (approximately equal to annual inflation) for all classes of rates, except for unimproved (UV) Mining rates which has been increased by 7%.

A capital works programme totalling $62.39 million has been provided for with investment in: Servicing of Land for Resale (Tom Price Residential Land, Tom Price Industrial Land and

Onslow Industrial Land) $2.9 million.

Purchase of Land and Buildings (including construction and capital works on Staff Housing, Swimming Pools, Sports Pavilions, Halls) $12.4 Million

Purchase of Plant and Equipment $2.8 Million.

Investment in Infrastructure Roads (including Reseals, Weano/Banjima Drive, Juna Downs Rd, Mt Stuart - Red Hill Rd) $9.3 Million.

Investment in Infrastructure Footpaths (in Onslow, Paraburdoo and Tom Price) 0.58 Million.

Investment in Infrastructure Drainage (in Onslow, Paraburdoo and Tom Price) $1.3 Million

Investment in Other Infrastructure (Including Onslow Airport, Tom Price Town Centre

Revitalisation, Paraburdoo Revitalisation, Rubbish Tip Upgrades in Onslow, Paraburdoo and Tom Price) $31 million.

Sale of Assets (Sale of Land and Buildings and Plant and Equipment) $12.3 million.

Grant and Contribution income of $42.4 million including Royalties for Regions $8.69 million Pilbara Revitalisation $5.1 million Federal Assistance Grants $3.4 million. Onslow Airport.

An amount of $3.5 million has also been transferred to the Employee Entitlement, Infrastructure, Housing and Property Development Reserves.

An estimated surplus of $3.48 million is anticipated to be brought forward from 30 June 2011. However this is unaudited and may change. Any change will be addressed as part of a future budget review.


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Consultation Council and Councillors Executive Management Group Officers from relevant functional areas Statutory Environment Section 6.2 of the Local Government Act 1995 requires that not later than 31 August in each financial year, or such extended time as the Minister allows, each local government is to prepare and adopt, (Absolute Majority required) in the form and manner prescribed, a budget for its Municipal Fund for the financial year ending on the next following 30 June. Divisions 5 and 6 of the Local Government Act 1995 refer to the setting of budgets and raising of rates and charges. The Local Government (Financial Management) Regulations 1996 details the form and content of the budget. The draft 2010/11 Annual Budget as presented is considered to meet statutory requirements. Waste Avoidance & Recovery Act 2007 deal with aspects of the budget including rating and fees and charges. Policy Implications There are no specific policy implications relative to this issue. Financial Implications The financial implications of the budget are based upon the objective of achieving a balanced budget at 30 June 2012 after carrying out normal operational requirements and an extensive capital program. Strategic Implications The budget has been prepared on the basis of achieving a near normal year of operations and an ambitious capital program while also consolidating the management and operational aspect of the Shire. The budget has been drafted with regard to the Strategic Plan and with regard to the Principal Activity Plan. Voting Requirement As indicated in the Recommendation


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Council Decision MOVED: Cr White SECONDED: Cr Wright Council was advised that approval had been given by the Director General of Local Government (under delegated authority from the Minister for Local Government) to levy differential rates at more than twice the lowest rate. That Council adopt the following: PART A – MUNICIPAL FUND BUDGET FOR 2010/11

Pursuant to the provisions of section 6.2 of the Local Government Act 1995 and Part 3 of the Local Government (Financial Management) Regulations 1996, the Council adopt the Municipal Fund Budget as contained in Attachment 12.07.35 of this agenda and the minutes, for the Shire of Ashburton for the 2011/12 financial year which includes the following:

Statement of Comprehensive Income by Nature and Type on page 2 showing a net result for that year of $31,284,915

Statement of Comprehensive Income by Program on page 3 showing a net result for that year of $31,284,915

Statement of Cash Flows on page 4

Rate Setting Statement on page 5 showing an amount required to be raised from rates of $9,638,676

Notes to and Forming Part of the Budget on pages 6 to 33

Budget Program Schedules as detailed in pages 34 to 134 PART B – GENERAL AND MINIMUM RATES, INSTALMENT PAYMENT ARRANGEMENTS

1. For the purpose of yielding the deficiency disclosed by the Municipal Fund Budget

adopted at Part A above, Council pursuant to sections 6.32, 6.33, 6.34 and 6.35 of the Local Government Act 1995 impose the following differential general and minimum rates on Gross Rental and Unimproved Values.

GRV Rate: 08.4004 cents in the dollar

UV Rate: 28.0372 cents in the dollar

UV Pastoral: 02.5266 cents in the dollar

UV Rural Tourism 12.9858 cents in the dollar

UV Rural/Commercial: 28.0372 cents in the dollar

UV Rural/Industrial: 28.0372 cents in the dollar

UV Mining Lease: 28.0372 cents in the dollar

Minimum Rate: $530.00


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2. Pursuant to section 6.45 of the Local Government Act 1995 and regulation 64(2) of the Local Government (Financial Management) Regulations 1996, Council nominates the following due dates for the payment in full by instalments:

Option 1 Due Date Tues 6th September 2011 Option 2 1st Installment Due Tues 6th September 2011 2nd Installment Due Mon 9th January 2012 Option 3 1st Installment Due Tues 6th September 2011 2nd Installment Due Mon 7th November 2011 3rd Installment Due Mon 9th January 2012 4th Installment Due Mon 12th March 2012

3. Pursuant to section 6.45 of the Local Government Act 1995 and regulation 67 of the

Local Government (Financial Management) Regulations 1996, Council adopts an instalment administration charge where the owner has elected to pay rates (and service charges) through an instalment option of $10 for each instalment after the initial instalment is paid.


Local Government (Financial Management) Regulations 1996, Council adopts an interest rate of 5.5% where the owner has elected to pay rates and service charges through an instalment option.

5. Pursuant to section 6.51(1) and subject to section 6.51(4) of the Local Government Act

1995 and regulation 70 of the Local Government (Financial Management) Regulations 1996, Council adopts an interest rate of 11% for rates (and service charges) and costs of proceedings to recover such charges that remains unpaid after becoming due and payable.

PART C – GENERAL FEES AND CHARGES FOR 2010/11

Pursuant to section 6.16 of the Local Government Act 1995, Council adopts the Fees and Charges included at pages # to # inclusive of the draft 2010/11 Annual Budget included as Attachment 12.07.35 of this agenda and minutes.

PART D – OTHER STATUTORY FEES FOR 2010/11

1. Pursuant to section 53 of the Cemeteries Act 1986 the Council adopts the Fees and

Charges for all Cemeteries in the Shire of Ashburton included at page 136 of the draft 2010/11 Annual Budget included as Attachment 12.07.35 of this agenda and minutes.


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2. Pursuant to section 245A(8) of the Local Government (Miscellaneous Provisions) Act 1960 the Council adopts a swimming pool inspection fee of $13.75 inclusive of GST.

3. Pursuant to section 67 of the Waste Avoidance and Resources Recovery Act 2007,

Council adopt the following charges for the removal and deposit of domestic and commercial waste:

3.1 Residential Premises (including recycling)

240ltr bin per weekly collection $377pa

240ltr bin per weekly collection Additional bin pick up at time of normal collection $415pa

3.2 Commercial Premises

240ltr bin per weekly collection $648pa

2m3 per weekly collection $2,330pa

1.1m3 per weekly collection $1,295pa

4. Pursuant to section 67 of the Waste Avoidance and Resources Recovery Act 2007, and section 6.16 of the Local Government Act 1995 Council adopt the following charges for the deposit of domestic and commercial waste:

Domestic (private residents: cars, utilities, trailers only) No Charge

Bulk Waste delivered to landfill site $40.00/m3

Car and light vehicle tyres $8.00/tyre

Truck tyres $12.00/tyre

Earthmover tyres by negotiation

Gas bottles valve intact $7.00ea

Waste oil $0.30/ltr

Fridges not de-gassed $13.00ea

Vehicle batteries $6.00 per battery

Recyclable materials separated & uncontaminated free

Car Bodies (All oils (including diff oil), fuels and batteries removed) free

PART E – ELECTED MEMBERS‟ FEES AND ALLOWANCES FOR 2010/11


Local Government (Administration) Regulations 1996, Council adopts the following annual fees for payment of elected members in lieu of individual meeting attendance fees:

Mayor $14,000 Councillors $ 7,000


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2. Pursuant to section 5.98(5) of the Local Government Act 1995 and regulation 33 of the Local Government (Administration) Regulations 1996, Council adopts the following annual local government allowance to be paid in addition to the annual meeting allowance:

Mayor $5,000

3. Pursuant to section 5.98A of the Local Government Act 1995 and regulations 33A of the

Local Government (Administration) Regulations 1996, Council adopts the following annual local government allowance to be paid in addition of the annual meeting allowance:

Deputy Mayor $1,250

PART F - ADOPTION OF MATERIAL VARIANCE LEVEL FOR REPORTING

In Accordance with Section 34(5) of the Local Government (Financial Management) Regulations 1996 adopt the following materiality thresholds:

Condition Action Actual variances to Budget up to 5% of Budget Don‟t Report

Actual variances to Budget up to 10% of Budget Use Management Discretions

Actual Variance exceeding 10% and a greater value greater than $20,000

Must Report

PART G –ORGANISATIONAL STRUCTURE

In accordance with Section 5.2 of the Local Government Act 1995 the Organisational Structure of the Shire of Ashburton is amended to reflect the positions funded in the 2011/2012 Annual Budget.

CARRIED 7/0 ABSOLUTE MAJORITY


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12.07.36 STRUCTURE REVIEW

FILE REFERENCE: OR.CM.09 AUTHOR‟S NAME AND POSITION:



Not Applicable


The author has an interest in this matter as it pertains directly to the assessment by Council of his performance.


Agenda Item 15.10.23 Ordinary Meeting of Council October 2010

Summary Consultant Morrison Low has completed the Structure Review of Council. Council is requested to endorse the report to enable implementation of the recommendations.

Background At the Ordinary meeting of Council in October 2010, Council accepted the proposal to undertake a Structure Review. Morrison Low was the successful consultant. All staff has had the opportunity for input and over one hundred have been spoken to directly by the consultant. In February 2011 a presentation was made to Council on the draft Structure Review report. The report has since been modified and updated to reflect comments from Councillors and staff. Comment Consultant Morrison Low, has completed the Structure Review report which is now presented to Council for endorsement. The Executive Summary outlines the recommendations from the report. ATTACHMENT 12.07.36 The recommended corporate structure is provided as two options.


30

Option 2 is considered to be the preferred option at this time. It allows for a more structured and controlled approach to private works without the complications and legalities of setting up a company structure. Some new positions are created including two new Executive Manager roles, (Technical Services and Strategic and Economic Development) and one is removed (Western Operations). It is proposed that these roles will be filled by current Executive Mangers on the basis of redeployment and the new roles being substantially similar to the previous roles. Geoff Brayford will fill the Technical Services role and Amanda O‟Halloran will fill the Strategic and Economic Development role. Engineering will be divided into “specifier and doer” roles. The Technical Services Department will be responsible for planning, building and health and all technical (feasibility, design, etc) aspects of engineering as well as asset management which will, amongst other things, specify service levels. Operations will act as a contractor providing construction and maintenance services to the “client”, Technical Services, or for private works to an actual client. A pseudo board will be established to oversee operations related to private works. This model may require further refinement and formalisation if private work increases and/or a mechanism for establishing a company is realised. The proposed corporate structure will provide a greater focus on community with the economic services aspect being removed from the Community Development role. Three new community roles will be created, one in each town (Pannawonica and Onslow to share a role) to provide an interface between the Council and community. Strategic and Economic Development will be bolstered by the creation of a new department. This is particularly necessary during the period of rapid growth that is being experienced and with the introduction of the mandatory Integrated Planning Framework by the state government. Corporate Services remains relatively unchanged. The long term financial plan needs further consideration particularly in light of recent events related to social infrastructure in Onslow and other opportunities identified for income such as Tom Price and Onslow redevelopment, industrial land sales and private works. Further refinement of the model will occur over the next six months. The recommended structure will allow for a greater integration of services across departments, improved community consultation and information and stronger internal control and reporting of projects. Consultation Councillors Executive Managers


31

Statutory Environment Not Applicable Policy Implications None at this stage however a review and reformatting of all policies will result from the acceptance of the report. Financial Implications The stage one restructure costs are accounted for in the 2011/12 Budget. Strategic Implications Strategic Objective 6 - A Well Managed and Contemporary Corporation Voting Requirement Simple Majority Required

Council Decision MOVED: Cr Dias SECONDED: Cr Wright That Council:

1. Endorses the Structure Review Report by Morrison Low. 2. Directs the CEO to implement the recommendations. 3. Directs the CEO to develop an implementation time line. 4. Directs the CEO to report to Council on a quarterly basis on progress of the

implementation.

Council Decision MOVED: Cr Thomas SECONDED: Cr White That Agenda Item 12.07.36 Lay on the Table until next Ordinary Council Meeting to be held on 17 August 2011.

CARRIED 4/3

Council Decision MOVED: Cr Rumble SECONDED: Cr Bloem That Council adjourn for a break at 4.27 pm.

CARRIED 7/0

The meeting closed at 4.27 pm.


32

Council Decision MOVED: Cr Wright SECONDED: Cr White That Council reconvene from a break at 5.04 pm.

CARRIED 7/0

The meeting re-opened at 5.04 pm.


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12.07.38 CORPORATE SERVICES DECISION STATUS REPORT

# Council Meeting

Agenda


1 06/11 12.06.29 Strategic Media Policy That Council adopt the Strategic Media Policy. Policy Manual updated (July 2011)

2 06/11 12.06.30 Proposed Differential Rates 2010/2011

That Council: 1. Advertise its intention, in accordance with section 6.36 of the Local

Government Act 1995, to adopt the following rates in the dollar and minimum rates for the differential rating categories specified for the 2011/12 Financial Year:

GRV Rate: 8.4004 cents in the dollar

UV Rate: 28.0372 cents in the dollar

UV Pastoral: 2.5266 cents in the dollar

UV Rural Tourism 12.9858 cents in the dollar

UV Rural/Commercial: 28.0372 cents in the dollar

UV Rural/Industrial: 28.0372 cents in the dollar

UV Mining Lease: 28.0372 cents in the dollar

Minimum Rate: $530.00 2. Apply to the Minister of Local Government and Regional Development to

approve council in imposing the Schedule of Rates outlined in point 1 above.

Proposed Differential Rates Advertised on 18 June 2011. No submissions received. Letter sent to the Minister for Local Government seeking his approval to use the Differential Rates in the budget. (July 2011)

3 10/10 15.10.23 RFT 18/10 Structure Review

That Council: 1. Receive the report, and 2. Endorse the assessment panel‟s recommendation that Morrison Low be

awarded the contract for the Structure Review RFT 18/10 for the sum of $129,600.

Ongoing (April 2011)

4 05/10 10.05.10 Shire Logo and Policy That Council; 1. Approves the Logo Policy (Attachment 10.05.10c) 2. Approves the Tom Price logo and tag line “Experience It” 3. Approves in principle of the logo for the Shire of Ashburton, Paraburdoo,

Onslow and Pannawonica and directs the CEO, through public consultation, to provide to Council recommendations for approval of tag lines for each.

Ongoing. Policy implementation being implemented internally.


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# Council Meeting

Agenda


Tag lines for towns to be established. (July 2010)

5 05/10 12.05.37 Repeal of Defunct and Obsolete Local Laws

That Council pursuant to section 3.12 of the Local Government Act 1995, give state wide public notice that it intends to make the Shire of Ashburton Repeal Local Law 2010, as contained in the Attachment, the purpose of which is to repeal superfluous, defunct and obsolete local laws; with the effect being more efficient and effective local government by removing outdated local laws from the public record. (Attachment 12.05.37).

Ongoing Advertisement being drafted by Local Laws Consultant (June 2010) Advertisement will appear in paper April 2011. (Mar 2011) Staff are currently reviewing Local Laws (June 2011) No public comment received from advertising.

6 12/09 12.12.76 Realignment of Hillside Pastoral Station Boundary Border

That Council defer consideration of the agenda item until the February 2010 meeting of Council, the reason being subsequent to the preparation of the agenda item the Shire received two more proposals from the Local Government Advisory Board to amend the Shire‟s boundary with the Shire of East Pilbara. It was considered appropriate to consider the proposals collectively.

Ongoing Initial discussions are being held with the Shire of East Pilbara in order to establish that Shires attitude to proposals.


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# Council Meeting

Agenda


Documentation has been collected now being reviewed by EMCS (March 2011)

Council Decision MOVED: Cr White SECONDED: Cr Bloem That Council note the contents of the Corporate Services Status Report.

CARRIED 7/0


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13.07.0 DEVELOPMENT SERVICES REPORTS

13.07.43 DEVELOPMENT APPROVALS ISSUED UNDER DELEGATION – SHIRE OF ASHBURTON TOWN PLANNING SCHEME NO. 7

FILE REFERENCE: PS.TP.7 AUTHOR‟S NAME AND POSITION:

Kristy Ranger Executive Assistant to Building Services


Not applicable


The author has no financial interest


Not applicable

Summary Council has delegated to the Manager Building Services the authority to issue development approvals pursuant to the Shire‟s Town Planning Scheme No.7, in certain circumstances.

Details of approvals issued by the Manager Building Services since the last Council Meeting are set out in this report.

Background Council has delegated to the Manager Building Services the authority to issue development approvals, pursuant to the Shire‟s Town Planning Scheme No.7, in certain circumstances.

Details of approvals issued by the Manager Building Services since the last Council Meeting are set out below. Comment Five (5) approvals have been issued under delegation up until the date of this report. These were for:

BGC Contracting Pty Ltd Macedon Gas Fields Planning Application - Mobile Camp (48 pax)

Jenko Fishing Pty Ltd

Lot 689 Shanks Road Onslow Planning Application - Workshop

Hamersley Iron Pty Ltd Caliwinjina Planning Application – Remote Mobile Camp (20 pax)

Davis Langdon Solomon Rail Camp

Planning Application – Transient Workforce Accommodation

(150 pax)

Davis Langdon Ellie Fly Camp

Planning Application – Transient Workforce Accommodation

(200 pax)


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Details of the approval may be obtained from the Manager Building Services. Statutory Environment Clause 9.3 of the Shire of Ashburton Town Planning Scheme No.7. Sections 5.45, 5.46, 5.70 and 5.71 of the Local Government Act 1995. Shire Code of Conduct.

Policy Implications There are no policy implications relative to this matter.

Financial Implications There are no financial implications relative to this matter.

Strategic Implications Values:

Professionalism

Quality service delivery & services

Our Focus:

Economic growth and diversity

Quality lifestyle and social well being

Ecological sustainability and best practice environmental management

Improved services and infrastructure

Best practice local government

Critical Success Factors:

Sound management practices

Determination and implementation of the agreed levels of services and service delivery Action Plan, Improved Services & Infrastructure:

Review & implement managerial policies and practices


Council Decision MOVED: Cr Dias SECONDED: Cr Bloem That Council note the Development Approvals issued under delegation – Shire of Ashburton Town Planning Scheme No. 7.

CARRIED 7/0


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13.07.44 APPLICATION FOR PLANNING APPROVAL – EXTENSION TO STADIUM ROAD/CENTRAL AVENUE SHOPPING CENTRE

FILE REFERENCE: TP.ST.1


Rob Paull Town Planning Consultant


Penhall Investments Pty Ltd (Owner) Greg Rowe and Associates (Applicant)

DATE REPORT WRITTEN: 2 August 2011

DISCLOSURE OF FINANCIAL INTEREST:



N/A

Summary The Shire is in receipt of an Application for Planning Approval for an extension to existing shops at Lot 1, the corner of Stadium and Central Road, Tom Price. The extension is proposed is for an area of 137.7m² essentially the rear of the shops. The development does not generate any additional car parking. The proposal is in conformity with the provisions of the Scheme, Local Planning Policy and Municipal Inventory.

It is recommended that Planning Approval be issued subject to conditions.

Background The Shire is in receipt of an Application for Planning Approval for an extension to existing shops at Lot 1 on Plan 18202 of Certificate of Title Volume 1917 and Folio 627. In 1994 the site was strata titled on Strata Plan 23256. The site has a land area of approximately 4868m², with frontages of approximately 81 metres to Stadium Road and 46 metres to Central Road. The development formed part of the original town development of Tom Price and accordingly, Planning Approval was not required at that period of time.

Currently the site is occupied by a single storey mixed use commercial development. The site also comprises two car parking areas in which the first is situated to the north and the second to the east of the commercial building. The number of car spaces provided to the existing development is difficult to determine due to earth works underway for the town centre development and that line marking of the spaces was either never undertaken or worn off. However, it is calculated from site inspection and utilising maps/plans of the site that under the current design arrangement, up to approximately 60 spaces could potentially be available.

Access to the site is direct from Stadium Road whereby there is very limited delineation between the car park and road pavement. There are no formal crossovers to the northern car park. A two-way crossover provides access to and from the eastern car park. Pedestrian footpaths are present along both sides of Central Avenue to the west of the subject site.


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In August 2006 the Shire of Ashburton granted planning approval for the southern extension of the existing commercial building. This approval has since lapsed.

Proposal The Planning Application results in a total extension area of 137.7m². In addition to this a 5.4m² (4.5m² measured to the inside wall) store room is proposed for the northern side of the commercial building. This store room will be attached to the existing steel structure and finished to match the adjacent building. Runoff from the proposed extension is not considered to be a concern for the neighbouring property as the building will be setback more than 1 metre from the boundary. Runoff is to be managed through the use of guttering and onsite drainage.

In addition to the proposed extensions, it is anticipated the exterior of the existing building will be revamped. This will include the cladding of damaged walls, improvements to the fascia and the painting of the building. These improvements will have a positive impact on the visual aesthetics of the subject site and wider Tom Price town centre. As a result, the existing building will appear more consistent with the proposed development for the adjacent lot.

The application for the shop is to be set back between 1.59m and 1.41m from the southern boundary. It would appear that within the boundary, three palm trees are located. Of interest, the palm trees have not been shown on any submitted plans, including the survey plan.

ATTACHMENT 13.07.44A ATTACHMENT 13.07.44B ATTACHMENT 13.07.44C ATTACHMENT 13.07.44D ATTACHMENT 13.07.44E

Comment The proposed extension is essentially a minor addition to the existing development. The design is acceptable in terms of the town centre design although it would appear that the intent is to have the walls zincalume. This isn‟t considered appropriate and should be addressed as a condition of any approval.

The issue for the development proposal is the provision of car parking. As noted, the number of car spaces provided to the existing development is difficult to determine due to earth works underway for the town centre development and that line marking of the spaces was either never undertaken or worn off. However, it is calculated from site inspection and utilising maps/plans of the site that under the current design arrangement, up to approximately 60 spaces could potentially be available. The Applicant has calculated that the number of spaces required for the overall use and development (including the 137.7m² extension).

Application Land use Floor Area m² Parking Rate Parking Requirement

Shop (4) 700.2 1 per 20m² NLA 35

Office (1) 216 1 per 30m² NLA 7.2

Cafe (1) NLA 79 1 per 6m² Dining

Area

5

Of that 30m² is

Dining

Sub Total 47.2


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It should be noted that the Shire has no record for approval of the buildings for office, shop or cafe. It is not known whether this was established when there was no planning control on the land or after. The Application before Council would generate a calculation of 6.8 (rounded to 7) additional spaces based on 1 space per 20m² Net Leasable Area. Assuming up to 60 spaces could be available to the land no additional parking would be required as the development requirement is for 42 spaces.

It is open to Council to review whether the existing parking areas need to be upgraded in relation to parking standard and line marking. This is not straight forward as the parking provision never formally required the consent of the Council (ie. it was undertaken when Tom Price was a „closed town‟). The imposition of conditions on a Planning Approval gives Council the opportunity to:

• modify the form of the physical development applied for; and • maintain control of the operations of the activity over time.

Essentially, a condition must relate to the development which was applied. Although the parking areas to the east are in poor condition the parking areas directly from Stadium Road is sealed and in far better condition. Accordingly, it is suggested the opportunity to require parking upgrade for any more than 7 spaces would be beyond the power of the Council.

Council will note that the plans submitted show a variation to the existing parking and reference to new shops and residential development (fronting on to Stadium Road). This does form part of this development and will be clearly indicated on any approval. The land owner has sought separate approval for this additional proposal. Without seeking to address this future proposal (which will be referred to Council at a later date), it is appropriate to include an advice note advising on the following lines:

“The level of development anticipated in the Stage 2 development, along with the seven (7) spaces approved under this Application, it is likely that should Council approve Stage 2, the entire parking arrangement for the whole of the land will need to be upgraded to Council‟s satisfaction.”

It is recommended that Planning Approval be issued subject to conditions.

Consultation Chief Executive Officer

Advertising under the Scheme is not required.

Statutory Environment Under the Shire of Ashburton Town Planning Scheme No. 7 („Scheme‟), the subject site is zoned „Commercial and Civic‟. The intent of the „Commercial and Civic‟ zone is to allow:

“.........for a variety of uses and is intended to be developed as the administrative and commercial centre of each town.”

„Shop‟ is defined as:

“any building where goods are displayed or offered indoors for sale by retail or hire of non-industrial goods or where services of a personal nature are provided, including a betting agency, Laundromat, libraries and loan outlets, but excluding a showroom, take away food outlet and garage sale.”


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Policy Implications Local Planning Policy - Design Guidelines for the Tom Price Town Centre The design guidelines were developed to complement the Tom Price Town Centre Townscape Enhancement Plan. The guidelines are used to assist the local government in making decisions under the Scheme however do not bind the local government in respect of any application for planning approval. The proposed development is consistent with the objectives of the guidelines. More specifically, the lower and upper floors have been designed in a flexible manner to enable change of uses in order to respond to changing demands. The proposed building incorporates attractive architectural design, landscaping and paving whilst the existing building will undergo a revamp to improve the visual appearance of the area. As previously noted, the car parking area will be reconfigured to allow safe and direct vehicle and pedestrian access to and around the site. The Applicant has provided a response to the „General Guidelines for Commercial Building Refurbishment and New Development‟ of the LPP. Policy Guideline Applicant Justification

Civic uses, cultural uses/ events, small office uses and more retail outlets should be encouraged.

The development proposes a mix of shop and office land uses within the ground floor and the proposed building.

Refurbishments should be compatible in scale to existing development. Two storey buildings are permitted provided important views are not compromised.

The proposed extensions to the south and east are of the same scale of the existing building

Important views and vistas of main pedestrian routes should not be blocked or obscured by new buildings and planting.

The proposed extensions are adjacent to the existing building and therefore there will be limited impact on existing views and vistas. The proposed stage 2 two storey building is north of the existing commercial building and as such important views towards Mt Nameless will not be impacted. Landscaping and planting will be of a human scale and therefore will not impede views.

Appropriate building materials The roof will be made from colorbond.

Pitched Roof The roof is proposed to be pitched


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Shire of Ashburton Municipal Heritage Inventory The subject site is registered as LGA Place No. 26 on the Municipal Heritage Inventory. This is specifically in relation to the shopping arcade that was built in 1967 to be used as a single men‟s mess for the mining and construction works of Tom Price. The shopping arcade is listed as a „Category C‟ which states:

“Retain and conserve if possible: endeavour to conserve the significance of the place through the provisions of the Shire of Ashburton Planning Scheme; a more detailed Heritage Assessment/ Impact Statement may be required prior to approval being given for any major redevelopment or demolition; photographically record the place prior to any major redevelopment or demolition.”

The proposed development does not involved major redevelopment or demolition or the arcade. Financial Implications The Shire is able to recoup costs associated with this process from the proponent. Strategic Implications There are no strategic implications, which relate to this matter. Voting Requirement Simple Majority Required


1. That Council, issue Planning Approval in respect of land at Lot 1 on Plan 18202 of Certificate of Title Volume 1917 and Folio 627 North East corner of Stadium Road/Central Avenue Shopping Centre, Tom Price for extensions to an commercial development comprising a 137.7m² shop and 5.4m² store room, generally in accordance with the submitted plans and subject to the following conditions:

a) A Building Licence for the development should be obtained prior to

20 July 2013. This Planning Consent lapses if a building licence for the development has not been obtained by 20 July 2013. Further to this, if the development is not substantially commenced in accordance with the Building Licence by 20 July 2013, then this Planning Consent lapses at that date.

b) The land use and development shall be undertaken generally in accordance with

the approved plans, in a manner that is deemed to comply with the satisfaction of the Chief Executive Officer.

c) The external wall colours and materials for the development shall be to the

satisfaction of the Shire of Ashburton with no zincalume or similar finish on any external wall. Details to be submitted with the building licence application.


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d) The existing palm trees adjacent to the proposed 137.7m² shop development

shall not be removed without the written consent of the Shire of Ashburton. e) The development being designed and constructed to allow easy access for

people with disabilities to the satisfaction of the Shire of Ashburton. Details to be submitted with the building licence application.

f) Plans submitted with the building licence application are to show details of

stormwater and roof run-off disposal to the satisfaction of the Shire of Ashburton.

g) The 137.7m² shop when established shall at all times comply with the definition

of “shop” as contained within the Scheme as follows:

“any building where goods are displayed or offered indoors for sale by retail or hire of non-industrial goods or where services of a personal nature are provided, including a betting agency, Laundromat, libraries and loan outlets, but excluding a showroom, take away food outlet and garage sale.”

Advise the applicant as follows:

i. The level of development anticipated in the Stage 2 development as

indicated on submitted plans and referred to in the Applicant‟s report, along with the seven (7) spaces generated under this Application, it is likely that should Council approve Stage 2 (or any other proposal), the entire parking arrangement for the whole of the land will need to be upgraded to Council‟s satisfaction.

ii. Further to this approval, the Applicant is required to submit working

drawings and specifications to comply with the requirements of Part 4 of the Building Regulations, 1989 (as amended) and the Health Act, 1911 (as amended) which are to be approved by the Shire‟s Principal Building Surveyor and Principal Environmental Health Officer prior to the issue of the building licence.

iii. Rights of appeal are also available to you under the Planning and

Development Act 1928 (as amended) against the decision of Council, including any conditions associated with this decision. Any such appeal must be lodged within 28 days of the date of this decision to the State Administrative Tribunal (telephone 9219 3111 or 1300 306 017).

iv. The issuing of development approval for the development pursuant to

Shire‟s Planning Scheme does not constitute approval to use the Operation/Construction Facility unless all matters relating to Local Government (Miscellaneous Provisions) Act have been addressed.


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v. The Shire of Ashburton contains many places of Aboriginal Heritage

significance. Proponents are advised to consider Aboriginal heritage issues and their obligations under the Aboriginal Heritage Act 1972 at an early stage of planning. Further information can be obtained from the Department of Indigenous Affairs on 9235 8000 or at the following web site http://www.dia.wa.gov.au/Heritage/default.aspx.

vi. This Planning Approval issued by the Shire of Ashburton does not remove

any responsibility the Applicant may have in obtaining a vegetation clearing permit from the Department of Environment in accordance with the Environment Protection Act 1986. Further information can be obtained from the Department of Environment or at the following website www.environment.wa.gov.au.

vii. This Planning Approval issued by the Shire of Ashburton does not remove

any responsibility the Applicant may have in notifying Environment Australia of the proposal for consideration of impacts in accordance with the Environmental Protection and Biodiversity Conservation Act 1999. Further information can be obtained from Environment Australia on (02) 6274 1111 or on http://www.deh.gov.au/epbc/assessmentsapprovals/index.html.

CARRIED 7/0

http://www.dia.wa.gov.au/Heritage/default.aspx

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

http://www.deh.gov.au/epbc/assessmentsapprovals/index.html


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13.07.45 REQUEST TO REVIEW PLANNING APPROVAL CONDITION - MOTEL/RESTAURANT DEVELOPMENT, LOT 447 THIRD AVENUE, ONSLOW

FILE REFERENCE: ON.SE.447 AUTHOR‟S NAME AND POSITION:

Rob Paull Shire‟s Town Planning Consultant


Property Development Solutions




Agenda Item 13.09.53 Ordinary Meeting of 15 September 2009

Summary At the Council meeting of 15 September 2009, Council considered an application for Planning Approval for comprising 48 Motel units and 210m2 restaurant at Lot 447 Third Avenue, Onslow. Council issued Planning Approval subject to 20 conditions and endorsed the plans to its determination. The proponent has requested that Council review conditions relating to the requirement of an acoustic fence to be erected along the boundary of between the Lot 654 (aged units). The proponent has advised that the acoustic fence is not necessary due to the design of the motel units to face away from the aged persons units. In addition, the Applicant raises concern that due to the cyclonic weather within Onslow, an acoustic fence may cause a danger to neighbours. The position of the proponent is noted however the design now includes parking to the boundary wall which can be as intrusive as if the motel units face the aged units. With respect to cyclonic weather within Onslow causing a danger to neighbours, it would be necessary for any building licence to be „engineered‟ to a standard that reflects the cyclonic conditions. It is recommended that Council advise the proponent that it is not prepared to support modifying the Planning Approval to delete reference to requiring an acoustic fence. In this regard, Council expects that the acoustic fence will be erected in accordance with its decision of 15 September 2009.

Background At the Council meeting of 15 September 2009, Council considered an application for Planning Approval for comprising 48 Motel units and 210m2 restaurant at Lot 447 Third Avenue, Onslow.


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Council issued Planning Approval subject to 20 conditions and endorsed the plans to its determination. The Applicant has requested that Council review conditions relating to the requirement of an acoustic fence to be erected along the boundary of between the Lot 654 (aged units) as follows:

“The design, materials and colours of all fencing are to be to the satisfaction of the Shire of Ashburton. Fencing of adjoining Lot 654 shall consist of an appropriate acoustic materials, a minimum 1.8 metres in height (above 5AHD) and be designed to protect the amenity of adjoining dwellings. Details to be submitted prior to or with the building licence application.”

ATTACHMENT 13.07.45A ATTACHMENT 13.07.45B ATTACHMENT13.07.45 C ATTACHMENT13.07.45 D

The Shire of Ashburton Local Planning Scheme No. 7 does allow modifications to Planning Approvals but only where development hasn‟t commenced:

“5.13 Amending or revoking a Planning Approval The Local Government may, on written application form the owner of land in respect of which planning approval has been granted, revoke or amend the planning approval prior to the commencement of the use or development subject of the planning approval.”

In this regard, the Planning Approval has been acted upon (Stage 1 is completed) and no modification to the Planning Approval can be considered. The proponent would need to seek a new planning application in order for the condition to be modified. Accordingly, any decision of Council as addressed in this Report would be an „in-principle‟ position of Council. The Applicant would need to pursue a statutory process to have the condition altered. Proposal The proponent has advised that the acoustic fence is not necessary due to the design of the motel units to face away from the aged persons units. In addition, the proponent raises concern that due to the cyclonic weather within Onslow, an acoustic fence may cause a danger to neighbours.

ATTACHMENT 13.07.45E Comment The position of the proponent is noted however the design now includes parking to the boundary wall which can be as intrusive as if the motel units face the aged units. With respect to cyclonic weather within Onslow causing a danger to neighbours, it would be necessary for any building licence to be „engineered‟ to a standard that reflects the cyclonic conditions. It is recommended that Council advise the proponent that it is not prepared to support modifying the Planning Approval to delete reference to requiring an acoustic fence. Consultation Chief Executive Officer Executive Manager, Western Operations Manager, Building Services


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Statutory Environment Shire of Ashburton Town Planning Scheme No. 7 Onslow Coastal Hazard Areas Special Control Area‟ where the minimum floor height is 5AHD. Planning and Development Act, 2005 Building Code of Australia Policy Implications There are no policy implications that relate to this matter. Financial Implications There are no financial implications that relate to this matter. Strategic Implications There are no strategic implications that relate to this matter. Voting Requirement Simple Majority Required.

Council Decision MOVED: Cr Dias SECONDED: Cr White That Council: 1. Advise Planning Development Solutions (Mr. Geoff Loxton) that Council:

i) is not prepared to support modifying the Planning Approval as determined by Council (as per Agenda Item 13.09.53 Ordinary Meeting of 15 September 2009) to delete reference to requiring an acoustic fence; and

ii) expects that the acoustic fence will be erected in accordance with its decision of

15 September 2009.

CARRIED 7/0


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Declaration of Interest Prior to consideration of this Agenda Item Cr Dias declared an interest in Agenda Item 13.07.46 in accordance with Section 5.60A of the Local Government Act. The interest being he owns shares in FMGL.

Cr Dias left the meeting at 5.14 pm.

13.07.46 APPLICATION FOR PLANNING APPROVAL FOR A 1500 PERSON CONSTRUCTION ACCOMMODATION VILLAGE („TRANSIENT WORKFORCE ACCOMMODATION‟) FOR THE SOLOMON MINE PROJECT

FILE REFERENCE: SOLM AUTHOR‟S NAME AND POSITION:



Davis Langdon for FMG

DATE REPORT WRITTEN: 2 August 2011 DISCLOSURE OF FINANCIAL INTEREST:



Agenda Item 13.12.77 Ordinary Meeting of Council 15 December 2010 Agenda Item 13.10.58 Ordinary Meeting of Council 20 October 2010

Summary The Shire is in receipt of an Application for Planning Approval for a construction village and accommodation for up to 1500 persons and associated utilities/infrastructure. The „village‟ is required for the operation of FMG‟s Solomon Project which involves the development of a new mining province in addition to the Chichester mines already operated by Fortescue at Cloudbreak and Christmas Creek. The Solomon Project includes two new iron ore mines at deposits known as Firetail and Kings on greenfield sites approximately 60 km north of Tom Price. The application has been assessed against Council‟s „Local Planning Policy – Transient Workforce Accommodation‟ and it is recommended that the Application not be advertised and that Planning Approval be issued.

Background FMG is currently developing a series of iron ore mines, along with port and rail infrastructure as part of the Pilbara Iron Ore and Infrastructure Project. Current operations are focused on the Chichester Hub, which includes the Christmas Creek and Cloudbreak mines. FMG proposes to expand mining


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operations in the Pilbara region through the development of the Firetail and Kings mines, as part of the Solomon Project. Ore from the two proposed mines will be transported via a new 127 km rail line to FMG‟s existing north–south railway for export from Port Hedland. Proposal The Shire is in receipt of an Application for Planning Approval for an construction village and accommodation for up to 1500 persons and associated utilities/infrastructure.

ATTACHMENT 13.07.46A ATTACHMENT 13.07.46B ATTACHMENT 13.07.46C ATTACHMENT 13.07.46D

The proposal was discussed in FMG‟s „Solomon Project Public Environmental Review‟, as follows:

“……. during mine operations, the permanent workforce will be accommodated in a permanent village, with capacity for approximately 1,500 personnel. The location of the accommodation village site has been selected to allow for a buffer distance from operational work areas and existing roads to minimise noise and dust disturbance to the workforce.

The accommodation village will include the following facilities as a minimum:

Accommodation chalets, including accommodation with disabled access and accommodation to cater for couples;

Sports and recreation facilities including a lap pool, gymnasium, sports oval, recreation room, theatre, retail shop and outdoor cinema;

Dining and food facilities including dining and kitchen facilities;

Off ices; and

Personnel services including: medical services, water treatment plant; wastewater treatment

plant, power generation back‐up supply, laundry, fibre‐optic communications and mobile

phone towers and services.” In addition, the FMG „Solomon Hub Project Social Impact Statement‟ considered by Council at the Meeting of 15 December noted:

“Fortescue will develop a workforce accommodation village close to the Solomon Project site to house its workforce, which will also be used to house the FIFO workforce during construction and operations. As Tom Price is over 80 kms from the mine it is not expected that the FIFO workforce will have any significant impact on the town.”

As noted, the application before Council is for „construction‟ workforce only. Comment Essentially, one aspect of the Application that Council needs to be satisfied whether the proposal is in compliance with the Council‟s Local Planning Policy – „Transient Workforce Accommodation‟ and in particular, whether under the Policy the proposal is reasonably “..remote from existing urban or resident populations‟ as referred to in the Policy. The provisions of Local Planning Policy – „Transient Workforce Accommodation‟ relevant to the Application states (in part):


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“ The Council acknowledges that there will be circumstances such as remoteness and limited life of a particular activity that result in a need for transient workforce accommodation camps to be established outside of the townsites. These camps will normally be construction workforce transient workforce accommodation and for a limited time period.“

and

“4.5 Location of Camps 4.5.3 The particular location of any proposed camp is at the discretion of the Shire and will

depend on the capability, suitability and appropriateness of the site for the proposal. The Shire does not support Transient Workforce Accommodation camps located: • in a position or area that would adversely affect residential, rural residential or rural

smallholdings uses or lifestyles or that would detract from any particular scenic or visual attraction;

• adjacent to recognised tourist routes, unless suitably screened or designed for permanent use;

• within any sensitive areas such as industrial buffer areas or waste water treatment plant buffers or the following zones: Rural Residential; Industrial and mixed Business/Development; Industry; or Mixed Business.

4.6 Density of Development 4.6.1 Type A camps should not exceed 200 accommodation rooms. 4.6.2 Type B camps shall provide the necessary number of accommodation rooms

associated with the relevant operation. 4.6.3 The overall density of development of the camp should not exceed 100 persons per

hectare. 4.6.4 The Shire may consider variations to the above requirements, subject to the proponent

providing adequate justification for the proposed variation(s) to the satisfaction of the Shire.”

The proposal forms a „Type B Camps are which are defined as: “....... more remote from existing urban or resident populations, typically on land zoned rural or pastoral uses. These camps include exploration and fly camps, remote construction camps and remote operational villages. By their nature and location, these camps operate largely independently of existing permanent urban settlements.” Council may recall that it addressed the issue of transient workforce accommodation in urban and rural locations in relation to Agenda Item 13.10.58 at the Ordinary Meeting of Council 20 October 2010. In March 2010, the Shire wrote to major resource companies, LNG project developers, the Minerals Council and the Department of State Development advising that the Shire of Ashburton was intending to prepare a position paper on the issue of “fly- in, fly-out” workforce and its impacts (beneficial or otherwise) on townsites within the Shire. The Report to Council included the following statement:


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“As a guide, the minimum distance from towns where Council will accept an operational workforce camp is 50km.”

However, the resolution of Council did not include reference to a distance. Accordingly, Council does not have a policy in relation to what an acceptable distance an operational workforce village could be from a town. The Solomon mining areas cover many thousands of hectares and are generally located north of Tom Price. The proposed village is located approximately 80km by road (via the unsealed RTIO Access Road) from the nearest town (Tom Price). In terms of driving times, it is approximately one and a half hours. On the basis of practical distance for commuting purposes, it is considered that that the proposed camp is a “...acceptable distance...”. from Tom Price in order to comply with Local Planning Policy – „Transient Workforce Accommodation‟. Consultation Chief Executive Officer It is open for Council to advertise any application which is not in accordance with the purpose of the Reserve. The Shire‟s Local Planning Policy „Transient Workforce Accommodation‟ notes:

“The Shire is of the opinion that Transit Workforce Accommodation has the potential to significantly impact on the amenity of the surrounding community. For this reason the Shire requires, in the absence of good reasons to the contrary, that development applications for Transient Workforce Accommodation be advertised in accordance with Clause 5.7 of the Shire of Ashburton Town Planning Scheme No 7.”

However, the development sought is considered to be:

in keeping with areas of existing development;

within disturbed areas on the land;

remote from any community therefore unlikely to “... impact on the amenity of the surrounding community; and

hidden from the general view of the public. Accordingly, it is recommended that advertising application not be required by either the Scheme or Council Policy. Statutory Environment Shire of Ashburton Town Planning Scheme No. 7 („Scheme‟). Under the Scheme, the proposed use is defined as “….dwellings intended for the temporary accommodation of transient workers and may be designed to allow transition to another use or may be designed as a permanent facility for transient workers and includes a contractor‟s camp and dongas.” The land is zoned “Rural” under the Shire of Ashburton Town Planning Scheme No. 7 („Scheme‟). Under the Scheme, the siting of a „transient workers accommodation‟ on the subject land is a permissible use. Clause 6.9 of the Scheme states:


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“Transient Workforce Accommodation

6.9.1 All transient workforce accommodation, whether intended as permanent or temporary structures, shall be regarded as residential development and is subject to the requirements of the Residential Planning Codes and clause 6.5 of this Scheme.

6.9.2 Except in the residential zone and notwithstanding subclause 6.9.1, the requirements

of the Residential Planning Codes and clause 6.5 of the Scheme may be varied for transient workforce accommodation by Local Government provided adequate justification for the variation is submitted by the proponents of the accommodation and provided Local Government considers the variation appropriate.

6.9.3 Planning applications for temporary structures to provide transient workforce

accommodation shall, to Local Government‟s satisfaction, be accompanied by information and plans indicating how and when the development will be removed and the site rehabilitated or developed for a different use intended for the site.

6.9.4 Local Government may require, by signed agreement, a commitment to the date and

details of rehabilitation and conversion the subject of subclause 6.9.3.” Policy Implications Local Planning Policy – „Transient Workforce Accommodation‟ as discussed above. Financial Implications The Shire is able to recoup costs associated with this process from the proponent. Strategic Implications There are no strategic implications, which relate to this matter. Voting Requirement Simple Majority Required

Council Decision MOVED: Cr Bloem SECONDED: Cr White

1. That Council advertising of the Application in respect of Lease L47/294 & L47/381

Coordinates:GDA94datum (generally at) 592000E, 7541000N, Hamersley, Shire of Ashburton for an construction village and accommodation for up to 1500 persons with associated utilities/infrastructure not be undertaken as the proposal is:




hidden from the general view of the public.


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2. That Council, issue Planning Approval in respect of Lease L47/294 & L47/381 Coordinates:GDA94datum (generally at) 592000E, 7541000N, Hamersley, Shire of Ashburton for an construction village and accommodation for up to 1500 persons with associated utilities/infrastructure, generally in accordance with the submitted plans and subject to the following conditions:

a) A Building Licence for the development should be obtained prior to

20 July 2012. This Planning Consent lapses if a building licence for the development has not been obtained by 20 July 2012. Further to this, if the development is not substantially commenced in accordance with the Building Licence by 20 July 2012, then this Planning Consent lapses at that date.

b) The Development shall comply with the Shire of Ashburton Town Planning Scheme No. 7, the Shire‟s Local Planning Policy – “Transient Workforce Accommodation”, the Health Act, the Building Code of Australia, the Western Australian Fire Board Regulations and Local Laws.

c) The land use and development shall be undertaken generally in accordance with the approved plans, in a manner that is deemed to comply with the satisfaction of the Chief Executive Officer.

d) Prior to the development being occupied the “owner of the land” shall enter into a signed agreement with the Shire of Ashburton, pursuant to Clause 6.9.4 of the scheme. The agreement shall require the use of the structures to cease by 20 July 2016 or other period as agreed by the Chief Executive Officer and the structures be removed within 28 days.

e) A Fire Management Plan shall be prepared by the applicant and adopted by Council and thereafter implemented to Council‟s satisfaction prior to the issuing of a Building Licence.

f) All storm water produced on the site shall be disposed of either to an underground drainage system or disposed of on the site, but in either case the means of disposal must be to the satisfaction as directed by the Shire. Plans must be submitted prior to issue of a building licence showing details of the drainage layout, showing the pipes direction, invert levels, grade size and the locations of any pits.

g) A geotechnical report covering the development area being prepared by the applicant at the applicant‟s cost and to the satisfaction of the Chief Executive Officer. The report to be lodged with the building licence application, together with certification from a structural engineer that the design is suitable for the site conditions as outlined in the geotechnical report.


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h) A comprehensive effluent plan and drainage plan shall be submitted to Council and such plan(s) approved prior to the issue of a Building Licence. All works to be constructed as per the approved plan.

i) The operator is solely responsible for the removal of all litter and rubbish and shall ensure that the land is retained in pristine condition at all times.

j) The use when established shall at all times comply with the definition of “transient workforce accommodation” as contained within Town Planning Scheme No. 7, as follows:

“….dwellings intended for the temporary accommodation of transient workers and may be designed to allow transition to another use or may be designed as a permanent facility for transient workers and includes a contractor‟s camp and dongas.”


i. In relation to Condition (e), it is recommended prior to the submission of the Fire

Management Plan that the Applicant discuss the proposal with FESA.

ii. The further planning consent of Council is required should the camp be used for operational accommodation purposes.

iii. Further to this approval, the Applicant is required to submit working drawings and specifications to comply with the requirements of Part 4 of the Building Regulations, 1989 (as amended) and the Health Act, 1911 (as amended) which are to be approved by the Shire‟s Principal Building Surveyor and Principal Environmental Health Officer prior to the issue of the building licence.

iv. Advise the applicant that the issuing of development approval for the

development pursuant to Shire‟s Planning Scheme does not constitute approval to use the Operation/Construction Facility unless all matters relating to Local Government (Miscellaneous Provisions) Act have been addressed.

v. Rights of appeal are also available to you under the Planning and Development

Act 1928 (as amended) against the decision of Council, including any conditions associated with this decision. Any such appeal must be lodged within 28 days of the date of this decision to the State Administrative Tribunal (telephone 9219 3111 or 1300 306 017).

vi. The issuing of development approval for the development pursuant to Shire‟s

Planning Scheme does not constitute approval to use the Operation/Construction Facility unless all matters relating to Local Government (Miscellaneous Provisions) Act have been addressed.


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vii. The Shire of Ashburton contains many places of Aboriginal Heritage significance.

Proponents are advised to consider Aboriginal heritage issues and their obligations under the Aboriginal Heritage Act 1972 at an early stage of planning. Further information can be obtained from the Department of Indigenous Affairs on 9235 8000 or at the following web site http://www.dia.wa.gov.au/Heritage/default.aspx.

viii. This Planning Approval issued by the Shire of Ashburton does not remove any

responsibility the Applicant may have in obtaining a vegetation clearing permit from the Department of Environment in accordance with the Environment Protection Act 1986. Further information can be obtained from the Department of Environment or at the following website www.environment.wa.gov.au.

ix. This Planning Approval issued by the Shire of Ashburton does not remove any

responsibility the Applicant may have in notifying Environment Australia of the proposal for consideration of impacts in accordance with the Environmental Protection and Biodiversity Conservation Act 1999. Further information can be obtained from Environment Australia on (02) 6274 1111 or on http://www.deh.gov.au/epbc/assessmentsapprovals/index.html.

CARRIED 6/0

Cr Dias entered the meeting at 5.14 pm. Frank Ludovico entered the meeting at 5.15 pm.





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Declaration of Financial Interest In accordance with Section 5.69 (3) (a) of the Local Government Act Cr Bloem, Cr Wright, Cr Dias, Cr Rumble and Cr White declared an indirect financial interest in Agenda Item 13.07.47. The nature of their interest being Cr Bloem and Cr Wright are employees of Pilbara Iron or a subsidiary of Rio Tinto Pty Ltd, Cr Dias is an employee of Pilbara Iron or a subsidiary of Rio Tinto Pty Ltd and owns shares in Rio Tinto Pty Ltd, Cr Rumble owns shares in Rio Tinto Pty Ltd and Cr White owns shared in Rio Tinto Pty Ltd.

As there would not be a quorum to vote, approval was sought from the Minister of Local Government to allow disclosing members Cr Bloem, Cr Wright, Cr Dias, Cr Rumble and Cr White to debate and vote on Agenda Item 13.07.47. The Minister‟s written approval for Cr Bloem and Cr Wright to participate in the discussion and vote in relation to this agenda item was obtained prior to the Council meeting. The approval was granted subject to the following conditions:

1. the approval is only valid for the ordinary meeting of Council to be held on 15 June 2011; 2. the declaring members declare the nature and extent of their interest at the Council meeting when these matters are considered together with the approval provided; 3. the CEO is to provide a copy of the Department‟s letter advising of the approval to each declaring member; and 4. the CEO is to ensure that the declarations, including the approval given and any conditions imposed, are recorded in the minutes of the meeting when these matters are discussed.

The Director General did not consider it necessary to allow Councillors White, Rumble and Dias to participate in the discussion and decision making in this instance and has declined to approve the request for them to participate.

ATTACHMENT 13.07.47

Cr‟s Rumble, Dias and White left the meeting at 5.15 pm.


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13.07.47 DEVELOPMENT APPLICATION – CONSTRUCTION OF OVAL, GOLF AND SHADE FACILITIES, MESA A CAMP, CROWN LOT 107 (SPECIAL LEASE 3116/8656) LOCATED 60KM WEST OF PANNAWONICA

FILE REFERENCE: MI.MESA AUTHOR‟S NAME AND POSITION:



TBB Town Planners for Robe River Mining Pty Ltd (RTIO) who is the Primary Leaseholder




Agenda Item 15.12.12 Ordinary Meeting of Council 18 December 2007

Summary The Shire is in receipt of an Application for Planning Approval for the construction of a sports oval, golf facilities and shade structures at the Mesa A mine camp. The application has been assessed against Council‟s „Local Planning Policy – Transient Workforce Accommodation‟ and it is recommended that the Application not be advertised and that Planning Approval be issued.

Background The site of the proposed works is the Mesa A camp, which is situated on Crown Lot 107, located 60km west of Pannawonica and subject of Special Lease 3116/8656. The camp provides the accommodation for the operating workforce for the Mesa A mine.

Proposal The Mesa A camp is currently operational, providing accommodation for the Mesa A Mining Operations. The application for planning approval aims to increase the leisure facilities available to the camp by removing dongas at the southern portion of the camp.

ATTACHMENT 13.07.47 It is noted that this application for planning approval is for retrospective planning approval as 10 of the dongas having already been removed in May, with the other 40 dongas scheduled to be removed in July/August. The proposed landscaping works and construction of the oval, put-put and shade structures as part of this application have not yet commenced.


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The application seeks to increase amenities available to the Mesa A camp through landscaping. Up to 50 „dongers‟ are to be removed that will enable the works.

The removal of the „dongers‟ does not require Planning Approval. The amenities are to include a sports oval, putting green, driving range and shaded picnic structures. The application also includes landscaping works, such as the planting of trees, shrubs, groundcover and turf.

The proposed shaded structures are to be a maximum height of 4.5m and a width of 8m, with a 15cm thick solarspan edging channel. Lighting is proposed in conjunction with the sports oval, with seven proposed lighting towers being 2m in height (refer to Electrical Services Lighting Layout). The proposed driving range facility is to be of a maximum height of 3.9m, 21m in length and 7m in depth. The facility is equipped with barrier and impact netting and a net pulley system in the event of circumstances requiring the facility to be safely stored. The proposed putting green is approximately 12m by 7m of 'pure putt' turf, surrounded by a 500mm buffer of 'cool plus' lawn.

Comment The land is zoned „Rural‟ under the Shire of Ashburton Town Planning Scheme No. 7 („Scheme‟). Under the Scheme, the camp is primarily defined as „Transient Workforce Accommodation‟ which means:

“…. dwellings intended for the temporary accommodation of transient workers and may be designed to allow transition to another use or may be designed as a permanent facility for transient workers and includes a contractor‟s camp and dongas.”

A „Transient Workforce Accommodation‟ is a permissible use.

The proposal is in keeping with the operation of the camp and accordingly, it is recommended that Planning Approval be issued.


It is open for Council to advertise any application which is not in accordance with the purpose of the Reserve. The Shire‟s Local Planning Policy „Transient Workforce Accommodation‟ notes:






hidden from the general view of the public. Accordingly, it is recommended that advertising application not be required by either the Scheme or Council Policy.


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Statutory Environment Shire of Ashburton Local Planning Scheme No.7. Policy Implications Local Planning Policy “Transient Workforce Accommodation”. Financial Implications The Shire is able to recoup costs associated with this process from the proponent. Strategic Implications There are no strategic implications, which relate to this matter. Voting Requirement Simple Majority Required

Council Decision MOVED: Cr Wright SECONDED: Cr Bloem That Council:

1. That Council advertising of the Application for a sports oval, golf facilities and shade structures at the Mesa A mine camp, Crown Lot 107 (Special Lease 3116/8656) located 60km West of Pannawonica Shire of Ashburton not be undertaken as the proposal is:





2. Approve the development application made by TBB Planning Consultants on behalf of RTIO Pty Ltd for a sports oval, golf facilities and shade structures at the Mesa A mine camp, Crown Lot 107 (Special Lease 3116/8656) located 60km West of Pannawonica Shire of Ashburton in accordance with the endorsed plans, subject to the following conditions:

a) A Building Licence for the development should be obtained prior to 15 June, 2013. This Planning Consent lapses if a Building Licence for the development has not been obtained by 15 June, 2013. Further to this, if the development is not substantially commenced in accordance with the Building Licence by 15 June, 2013, then this Planning Consent lapses at that date.

b) The Development shall comply with the Shire of Ashburton Town Planning Scheme No. 7, the Shire‟s Local Planning Policy – “Transient Workforce Accommodation”, the Health Act, the Building Code of Australia, the Western Australian Fire Board Regulations and Local Laws.


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Advise the applicant as follows: i. Council has determined this application. Rights of appeal are also available to you

under the Planning and Development Act 1928 (as amended) against the decision of Council, including any conditions associated with this decision. Any such appeal must be lodged within 28 days of the date of this decision to the State Administrative Tribunal (telephone 9219 3111 or 1300 306 017).

ii. The issuing of development approval for the development pursuant to Shire‟s Planning Scheme does not constitute approval to use the Operation/Construction Facility unless all matters relating to Local Government (Miscellaneous Provisions) Act have been addressed.

iii. Further Building and Health consent will be required for the use and development of the „permanent „and temporary ‟Accommodation Units.

iv. The Shire of Ashburton contains many places of Aboriginal Heritage significance. Proponents are advised to consider Aboriginal heritage issues and their obligations under the Aboriginal Heritage Act 1972 at an early stage of planning. Further information can be obtained from the Department of Indigenous Affairs on 9235 8000 or at the following web site http://www.dia.wa.gov.au/Heritage/default.aspx.

v. This Planning Approval issued by the Shire of Ashburton does not remove any responsibility the Applicant may have in obtaining a vegetation clearing permit from the Department of Environment in accordance with the Environment Protection Act 1986. Further information can be obtained from the Department of Environment or at the following website www.environment.wa.gov.au

vi. This Planning Approval issued by the Shire of Ashburton does not remove any responsibility the Applicant may have in notifying Environment Australia of the proposal for consideration of impacts in accordance with the Environmental Protection and Biodiversity Conservation Act 1999. Further information can be obtained from Environment Australia on (02) 6274 1111 or by visiting http://www.deh.gov.au/epbc/assessmentsapprovals/index.html.

CARRIED 4/0

Cr‟s Rumble and White entered the meeting at 5.16 pm.





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Declaration of Interest Prior to consideration of this Agenda Item Cr Dias declared an interest in Agenda Item 13.07.48 in accordance with Section 5.60A of the Local Government Act. The interest being he owns shares in FMGL.

13.07.48 APPLICATION FOR PLANNING APPROVAL FOR CENTRAL FACILITIES AREA ASSOCIATED WITH THE SOLOMON MINE PROJECT

FILE REFERENCE: SOLM AUTHOR‟S NAME AND POSITION:



Davis Langdon for FMG




Agenda Item 13.12.77 Ordinary Meeting of Council 15 December 2010 Agenda Item 13.10.58 Ordinary Meeting of Council 20 October 2010

Summary The Shire is in receipt of an Application for Planning Approval for a central facilities area associated with the operation of FMG‟s Solomon Project and which involves the development of a new mining province in addition to the Chichester mines already operated by Fortescue at Cloudbreak and Christmas Creek. The Solomon Project includes two new iron ore mines at deposits known as Firetail and Kings on greenfield sites approximately 60 km north of Tom Price. The central facilities area comprises administration building, warehouse, offices, maintenance building, crib room and medical centre. It is recommended that Planning Approval be issued.

Background FMG is currently developing a series of iron ore mines, along with port and rail infrastructure as part of the Pilbara Iron Ore and Infrastructure Project. Current operations are focused on the Chichester Hub, which includes the Christmas Creek and Cloudbreak mines.


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FMG proposes to expand mining operations in the Pilbara region through the development of the Firetail and Kings mines, as part of the Solomon Project. Ore from the two proposed mines will be transported via a new 127 km rail line to FMG‟s existing north–south railway for export from Port Hedland. Proposal The Shire is in receipt of an Application for Planning Approval for a central facilities area comprising administration building, warehouse, offices, maintenance building, crib room and medical centre.

ATTACHMENT 13.07.48A ATTACHMENT 13.07.48B

Comment The proposal is in keeping with the establishment and operations of the Solomon Mine which has been subject to extensive environmental assessments. It is recommended that Planning Approval be issued. Consultation Chief Executive Officer It is open for Council to advertise any application which is not in accordance with the purpose of the Reserve. The Shire‟s Local Planning Policy „Transient Workforce Accommodation‟ notes:






hidden from the general view of the public. Accordingly, it is recommended that advertising application not be required by either the Scheme or Council Policy. Statutory Environment Shire of Ashburton Town Planning Scheme No. 7 („Scheme‟). Policy Implications Local Planning Policy – „Transient Workforce Accommodation‟ as discussed above. Financial Implications The Shire is able to recoup costs associated with this process from the proponent.


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Strategic Implications There are no strategic implications, which relate to this matter. Voting Requirement Simple Majority Required

Council Decision

MOVED: Cr White SECONDED: Cr Wright

1. That Council advertising of the Application for central facilities area comprises administration building, warehouse, offices, maintenance building, crib room and medical centre at the Lease L47/294 & L47/381 Coordinates:GDA94datum (generally at) 586000E, 7545500N, Hamersley, Shire of Ashburton not be undertaken as the proposal is:





2. That Council, issue Planning Approval in respect of Lease L47/294 & L47/381 Coordinates:GDA94datum (generally at) 586000E, 7545500N, Hamersley, Shire of Ashburton for central facilities area comprises administration building, warehouse, offices, maintenance building, crib room and medical centre, generally in accordance with the submitted plans and subject to the following conditions:

a) A Building Licence for the development should be obtained prior to 20 July 2013. This Planning Consent lapses if a building licence for the development has not been obtained by 20 July 2013. Further to this, if the development is not substantially commenced in accordance with the Building Licence by 20 July 2013, then this Planning Consent lapses at that date.

b) The land use and development shall be undertaken generally in accordance with the approved plans, in a manner that is deemed to comply with the satisfaction of the Chief Executive Officer.

c) A Fire Management Plan shall be prepared by the applicant and adopted by Council and thereafter implemented to Council‟s satisfaction prior to the issuing of a Building Licence.

d) All storm water produced on the site shall be disposed of either to an underground drainage system or disposed of on the site, but in either case the means of disposal must be to the satisfaction as directed by the Shire. Plans must be submitted prior to issue of a building licence showing details of the drainage layout, showing the pipes direction, invert levels, grade size and the locations of any pits.

e) The operator is solely responsible for the removal of all litter and rubbish and shall ensure that the land is retained in pristine condition at all times.


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i. In relation to Condition (c), it is recommended prior to the submission of the Fire Management Plan and Emergency Evacuation Plan, that the Applicant discuss the proposal with FESA.

ii. Further to this approval, the Applicant is required to submit working drawings and specifications to comply with the requirements of Part 4 of the Building Regulations, 1989 (as amended) and the Health Act, 1911 (as amended) which are to be approved by the Shire‟s Principal Building Surveyor and Principal Environmental Health Officer prior to the issue of the building licence.

iii. Advise the applicant that the issuing of development approval for the development pursuant to Shire‟s Planning Scheme does not constitute approval to use the Operation/Construction Facility unless all matters relating to Local Government (Miscellaneous Provisions) Act have been addressed.

iv. Rights of appeal are also available to you under the Planning and Development Act 1928 (as amended) against the decision of Council, including any conditions associated with this decision. Any such appeal must be lodged within 28 days of the date of this decision to the State Administrative Tribunal (telephone 9219 3111 or 1300 306 017).

v. The issuing of development approval for the development pursuant to Shire‟s Planning Scheme does not constitute approval to use the Operation/Construction Facility unless all matters relating to Local Government (Miscellaneous Provisions) Act have been addressed.

vi. The Shire of Ashburton contains many places of Aboriginal Heritage significance. Proponents are advised to consider Aboriginal heritage issues and their obligations under the Aboriginal Heritage Act 1972 at an early stage of planning. Further information can be obtained from the Department of Indigenous Affairs on 9235 8000 or at the following web site http://www.dia.wa.gov.au/Heritage/default.aspx.

vii. This Planning Approval issued by the Shire of Ashburton does not remove any responsibility the Applicant may have in obtaining a vegetation clearing permit from the Department of Environment in accordance with the Environment Protection Act 1986. Further information can be obtained from the Department of Environment or at the following website www.environment.wa.gov.au.

viii. This Planning Approval issued by the Shire of Ashburton does not remove any responsibility the Applicant may have in notifying Environment Australia of the proposal for consideration of impacts in accordance with the Environmental Protection and Biodiversity Conservation Act 1999. Further information can be obtained from Environment Australia on (02) 6274 1111 or on http://www.deh.gov.au/epbc/assessmentsapprovals/index.html.

CARRIED 6/0





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Cr Dias entered the meeting at 5.17 pm. Frank Ludovico left the meeting 5.17 pm. Frank Ludovico entered the meeting at 5.17 pm.

13.07.49 REVISED PLANS - PROPOSED MIXED USE DEVELOPMENT COMPRISING THREE TWO STOREY OFFICE/RESIDENTIAL (MANAGER‟S UNITS), LOT 311 (No. 16) SECOND AVENUE ONSLOW

FILE REFERENCE: ON.SE.311 AUTHOR‟S NAME AND POSITION:



Rowe Family Trust (Owner) Thermal Comfort Homes (Applicant)




Agenda Item 13.08.43 Ordinary Meeting of Council 18 August

2010

Summary At the Council meeting of 18 August 2010, Council considered an application for Planning Approval for three (3) two storey units comprising a mixed use development of three (3) ground floor offices along with three (3) first floor manager‟s unit at Lot 311 (No. 16) Second Avenue, Onslow. Council issued Planning Approval subject to 23 conditions and endorsed the plans to its determination. Since the consideration by Council, the ownership and builder has changed and amended plans have been submitted for Council consideration. The plans are very similar in layout and design to that approved, with only very minor changes to the floor area sought. The elevations remain essentially the same, however the surface finish has changed to be a combination of texture coated cladding (instead of concrete „tilt‟ as originally proposed). A colour scheme is also sought to be endorsed. It is recommended that amended plans drawing No‟s TCH1125 sheets 1-3 to Planning Approval approved by Council on 18 August 2010 (Item 13.08.43) be endorsed by Council.

Background The 1012m2 site is vacant and zoned “Commercial and Civic” under the Shire of Ashburton Town Planning Scheme No. 7 (“Scheme”).


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At the Council meeting of 18 August 2010, Council considered an application for Planning Approval for three (3) two storey units comprising a mixed use development of three (3) ground floor offices along with three (3) first floor manager‟s unit at Lot 311 (No. 16) Second Avenue, Onslow. Council issued Planning Approval subject to 23 conditions and endorsed the plans to its determination. Proposal Since the consideration by Council, the ownership and builder has changed and amended plans have been submitted for Council consideration. The plans are very similar in layout and design to that approved, with only very minor changes to the floor area sought. The elevations remain essentially the same, however the surface finish has changed to be a combination of texture coated cladding (instead of concrete „tilt‟ as originally proposed). A colour scheme is also sought to be endorsed.

ATTACHMENT 13.07.49A ATTACHMENT 13.07.49B ATTACHMENT 13.07.49C

Comment The plans and elevations submitted for endorsement are appropriate as they provide a relief of finish and textures. It is recommended that amended plans drawing No‟s TCH1125 sheets 1-3 to Planning Approval approved by Council on 18 August 2010 (Item 13.08.43) be endorsed by Council.


Statutory Environment Shire of Ashburton Town Planning Scheme No. 7 Onslow Coastal Hazard Areas Special Control Area‟ where the minimum floor height is 5AHD. Planning and Development Act, 2005 Building Code of Australia

Policy Implications There are no policy implications that relate to this matter.

Financial Implications There are no financial implications that relate to this matter.

Strategic Implications There are no strategic implications that relate to this matter.

Voting Requirement Simple Majority Required.


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Council Decision

MOVED: Cr White SECONDED: Cr Bloem

That Council:

1. Endorse amended drawing No‟s TCH1125 sheets 1-3 to Planning Approval approved by Council on 18 August 2010 (Item 13.08.43) for land at Lot 311 (No 16) Second Avenue Onslow, to be constructed and used for the purposes of three (3) ground floor offices along with three (3) first floor manager‟s unit („caretakers dwelling‟).

2. Advise the Applicant that the conditions of Planning Approval approved by Council on 18 August 2010 (Item 13.08.43) will continue to apply.

CARRIED 7/0


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13.07.50 APPLICATION FOR PLANNING APPROVAL FOR LANDFILL AT LOT 300 (RESERVE 50203) BINGARN ROAD, TOM PRICE

FILE REFERENCE: RO.TITP AUTHOR‟S NAME AND POSITION:



Shire of Ashburton




Agenda Item 10.04.07 Ordinary Meeting of Council 20 April 2011

Summary The Shire has made an Application for Planning Approval for an extension to the Shire‟s Landfill at Lot 300 (Reserve 50203) Bingarn Road, Tom Price. The current Landfill is reserved under the Shire of Ashburton Local Planning Scheme No. 7 („Scheme‟) for „Waste Disposal and Treatment‟ with the remainder of Lot 300 is reserved under the Scheme as „Conservation, Recreation and Landscape‟. Under the Scheme use and development not in accordance with the reservation can be considered where the Local Government has had “..... regard for other legislation and/or the advice of the relevant land owner/manager.” In this instance, the land is vested in the Shire for the purpose of „Waste Disposal Site‟ and the proposal has received licensed approval from the EPA pursuant to the Environment Protection Act 1986 in the form correspondence stating that the extension will operate under the existing EPA Licence. The application has been accompanied by a report prepared by environment consultants SKM titled „Tom Price Landfill Extension‟ that addresses the environmental and operational requirements for the Landfill extension. It is recommended that Planning Approval be issued and that Council resolve to amend the Scheme to reserve the whole of Lot 300 to Waste Disposal and Treatment‟ reserve.

Background Lot 300 (Reserve 50203) Bingarn Road, Tom Price is vested with the Shire under the Land Administration Act for the purpose of „Waste Disposal Site‟.

ATTACHMENT 13.07.50A

The current tip site has been in operation since 2000 serving the greater Tom Price area. It is classified as a Class II/III landfill by the Department of Environment and Conservation (DEC). It receives waste streams from collected municipal and commercial collections households, commercial


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operators, bulk commercial waste operators and other local organizations to be deposited there. The current intake is approximately 20,000m3 of waste per annum. Nearby mining operations are self sufficient and have on site landfills or commercial operators removing waste. The license enables the Shire to bury (sealed) asbestos, store tyres, oils and paints. Other toxic chemicals require professional disposal. Since 2009, recycling of paper, cardboard, some plastics, cans & bottles has been undertaken in Tom Price with a processing & baling facility on site. In accordance with the State Government‟s „Towards Zero Waste 2020‟ recycling further measures have been employed to recycle bulk steel and oil and encourage local households to deposit their unwanted “re-usable” goods to be made available to others (non-profit). In a report to the Council meeting of 20 April 2011, Council was advised as follows:

“The landfill site has reached its capacity in a number of areas and the available space to deposit putrescible waste is declining daily. The limited ability to compact the waste currently adds to the lack of space.”

Only half of the original acquisition of the current Lot 300 has been used for landfill. It is

proposed that the remainder of the site be cleared and prepared for a „trench and fill‟ method of

disposal, which is the same as we are currently using. The extension will require, new fencing, clearing, excavation of pits and drainage and installation of water monitoring bores as recommended in the SKM Tom Price Landfill Extension report 2011. This is estimated to cost just over $200,000.00 and provide waste disposal facilities for the town for the next 10 years. Disposal options are being investigated whereby a greater proportion of the material from Paraburdoo may be transferred to Tom Price for processing. The projected intake at the Tom Price site could reach 29,000m3 p/a in the next ten years.”

Proposal The Shire has made an Application for Planning Approval for an extension to the Shire‟s Landfill at Lot 300 Bingarn Road, Tom Price. ATTACHMENT 13.07.50B ATTACHMENT 13.07.50C The current Landfill is reserved under the Shire of Ashburton Local Planning Scheme No. 7 („Scheme‟) for „Waste Disposal and Treatment‟ with the remainder of Lot 300 reserved under the Scheme as „Conservation, Recreation and Landscape‟. Under the Scheme use and development not in accordance with the reservation can be considered where the Local Government has had “..... regard for other legislation and/or the advice of the relevant land owner/manager.” In this instance the Shire owns the land and the proposal has received licensed approval from the EPA pursuant to the Environment Protection Act 1986 in the form correspondence stating that the extension will operate under the existing EPA Licence. The final SKM report notes (in part) as follows:

“This report covers the scope for the Tom Price Landfill extension as indicated in the proposal submitted by SKM, and accepted by the Shire. The main objectives from the scope were:


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• Plan the extension of the landfill in accordance with the Department of Environment and

Conservation (DEC) construction, operating and monitoring requirements; and • Plan the trench or cell construction method, layout and operation in order to economically

maximise the site capacity. As part of the strategic planning, a site visit to investigate the operation of the existing landfill site, and a soils investigation into the proposed landfill extension were undertaken. The site visit investigation is covered in Section 2 below. The existing landfill is operated as a Class II landfill site under license number L6807/199717 at Lot 300 Reserve No 50203 located at Bingarn Road (Nameless Valley Drive). The landfill extension is to be operated under the existing licence and is situated to the east of the existing landfill site. Currently the operations of the existing landfill incorporate the use of an unlined trench and fill system for commercial, domestic and household waste. Separation of waste such as iron, white goods, tyres, hydro-carbons, glass, paper, tin cans, car batteries and gas bottles are undertaken prior to waste being disposed of and stockpiled on the site. Green waste is disposed of by burning on site.” (page 1)

Findings of the assessment are summarised as following:

No groundwater or seepage into the excavations was noted in any of the test pits excavated at the time. (page 5)

In addition to the main drainage system to the east of the site, there is a minor drainage system adjacent to the existing landfill and to west of the proposed site. There are no culverts beneath the road in line with this minor system and it is likely the flows will be in a westerly direction towards the small culverts close to the existing landfill entrance. (pages 5 and 6)

It is recommended where the fire break becomes a track these areas should be formalized and widened. The fire break should also be extended to the asphalt road or extended along southern boundary. (page 11)

The soils are non dispersive and these materials may be utilized for capping material. (page 13)

It is anticipated that the existing controlled access into the existing landfill will be maintained, and that the access roads will be extended over the present landfill site to the extension, and from time to time require relocating as the landfill develops.(page 23)

The Shire should provide a water supply capable of being delivered to any point of the proposed landfill extension, or at least a volume of water (50 000 L) specifically for firefighting purposes should be stored on site. (page 23)

Comment Clause 5.9 of the Scheme defines the matters that Council need to have regard when determining an application. The matters considered relevant to this application and relevant comments associated with the Application are as follows:


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(a) any approved Statement of Planning Policy of the Commission, Comment: STATE PLANNING POLICY NO. 4.1 – STATE INDUSTRIAL BUFFER POLICY

SPP4.1 – State Industrial Buffer Policy applies to all industries including resource processing. Since publication of this SPP in 1997, a draft review of the Policy was released in July 2004 and remains to be finalised). The SPP requires the assessment of buffer requirements as necessary on a case-by-case basis. The objectives of this Policy are to:

provide a consistent State-wide approach for the definition and securing of buffer areas around industry, infrastructure and some special uses; protect industry, infrastructure and special uses from the encroachment of incompatible land uses;

provide for the safety and amenity of land uses surrounding industry, infrastructure and special uses; and

recognise the interests of existing landowners within buffer areas who may be affected by residual

emissions and risks, as well as the interests, needs and economic benefits of existing industry and

infrastructure which may be affected by encroaching incompatible land uses. In the absence of agreed alternative buffer requirements, the Policy refers to generic buffers recommended by the EPA (EPA Guidance Statement No. 3 – Separation Distances Between Sensitive Land Uses). For a class 2 or 3 putrescible land fill, the recommended buffer distance is 500m for sensitive uses (subdivisions), 150m for single residences & an internal buffer of 35 from boundary. The site is located over 1 kilometre from the nearest residential zoned land (Area W) Should Council ever consider extending the residential area of Area W, the likely extension would still likely comply with the EPA buffer distances. A 35m buffer to the boundary is shown on the plan.

(b) the capacity of the site and surrounding locality to support the development including:

(i) access, egress, unloading, manoeuvring and parking of vehicles (ii) traffic generated from the development (iii) need for public transport services (iv) public and utility infrastructure and community services (v) whether adequate provision has been made for access for pedestrians, cyclists and

disabled persons (vi) impact of the development on the amenity of the locality (v) any relevant submissions or objections received or sought on the application. (vi) any other planning consideration that Local Government considers relevant.

Comment No additional impact on traffic or access is anticipated due to there being no change to the access/crossover arrangements that currently exists. It is unlikely that the proposal will impact upon the amenity of the area due to the distance from residential development and that the adjoining land is Unvested Crown Land.


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(c) in the case of land reserved under the Scheme, the ultimate purpose intended for the reserve;

Comment

The current Landfill is reserved under the Shire of Ashburton Local Planning Scheme No. 7 („Scheme‟) for „Waste Disposal and Treatment‟ with the remainder of Lot 300 is reserved under the Scheme as „Conservation, Recreation and Landscape‟.

Under the Scheme use and development not in accordance with the reservation can be considered where the Local Government has had “..... regard for other legislation and/or the advice of the relevant land owner/manager.” In this instance, the land is vested in the Shire for the purpose of „Waste Disposal Site‟ and the proposal has received licenced approval from the EPA pursuant to the Environment Protection Act 1986 in the form correspondence stating that the extension will operate under the existing EPA Licence.

It would be appropriate for Council to consider rezoning the whole of the land to a „Waste Disposal and Treatment‟ reserve.

(d) the compatibility of a use or development with its setting;

Comment It is unlikely that the proposal will impact upon the amenity of the area due to the distance from

residential development and that the adjoining land is Unvested Crown Land.

(e) any social issues that have an effect on the amenity of the locality; Comment None anticipated.

(f) the cultural significance of any place or area affected by the development, including Aboriginal heritage considerations;

Comment

In July 1999, McDonald Hales and Associates was commissioned by the Shire of Ashburton to conduct and Aboriginal heritage survey of proposed extension and development of the Tom Price Waste Site. As a result of the archaeological inspection, five (5) isolated finds were identified within the proposed development area (PDA). “These have been fully recorded and have been assessed as having only a low degree of scientific and ethnographic significance. Consequently, they are not considered to represent an impediment to the proposed development. The relatively sparse archaeological signature obtained within the PDA can be interpreted as being more a function of past and continuing disturbance, poor ground surface visibility and small environmental sample size than it is of past Aboriginal land-use practices. Consequently there remains the potential for additional archaeological material to be present within the PDA. Given this, appropriate steps should be taken by' the proponent in order to ensure compliance with the Aboriginal Heritage Act (1972 - as amended). The ethnographic survey identified no new or previously recorded sites within the survey area. The Report recommended that the development be permitted to proceed”.


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This should be treated as a notation to any approval.

(g) the likely effect of the proposal on the natural environment and any means that are proposed to protect or to mitigate impacts on the natural environment;

Comment This matter has been addressed by both the licenced approval from the EPA pursuant to the Environment Protection Act 1986 SKM assessment of the environmental and operational requirements for the Landfill extension. (h) whether the land to which the application relates is unsuitable for the proposal by

reason of it being, or being likely to be, subject to flooding, tidal inundation, subsidence, landslip, bush fire or any other risk;

Comment Should approval be issued, a condition requiring a fire management plan should be

considered.

(i) whether adequate protection is provided to protect drinking water, as well as ground and surface water bodies from degradation;

Comment The site is remote from any water source.

(j) whether adequate provision is made to protect buffer requirements; Comment The buffer requirements reflect the EPA Guidance Statement No. 3 – Separation Distances

Between Sensitive Land Uses are achieved.

(k) whether adequate provision has been made for the landscaping of the land to which the application relates and whether any trees or other vegetation on the land should be preserved;

Comment The reality of the operation is that it will have a similar appearance to the mining operation that reflects the Pilbara. Due to the lack of reticulated water and the arid nature of the landscape, it is doubtful that landscaping would be practical for the site. It is noted that SKM has recommended external fencing which is also supported as a condition for any approval. (l) the potential loss of any community service or benefit resulting from the planning

approval; Comment It is unlikely that the extension will result in any loss of community, however refusal of the

Application could result in a “…potential loss of any community service”.


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(m) any relevant submissions or objections received or sought on the application; Comment No submissions were received.

(n) any other planning consideration that Local Government considers relevant. Comment None known. Conclusions The Application has been addressed by both the licenced approval from the EPA pursuant to the Environment Protection Act 1986 SKM assessment of the environmental and operational requirements for the Landfill extension. In relation to the planning assessments required under the WAPC policy and the Scheme, the site is located well away from residential areas and has frontage to a sealed road. On the basis of the matters assessed in this Report, it is recommended that a Planning Approval issue. Consultation Chief Executive Officer Executive Manager Engineering Services Environment Protection Authority The Coordinator, Building and Health has reviewed the Application and has concluded that after reviewing the SKM report, it is recommended that the project be approved in line with their proposal but with the following conditions:

Clarification on the depth and distribution of fill and cover , and assurances that the life of the tip can be extended for 10years without the need for the finished height of the tip to exceed 2m above the existing ground level.

The monitoring of the leachate from the site is to also cover the existing tip and that further investigation is carried out to establish the possible extent of the infiltration of ground water from the exclusion zone area, culverts, and drainage line.

Cover material is positioned in such a way that it does not constitute a hazard to the public using the facility and that its placement be such that it would act as a and additional wind break.

The fire plan be extended to cover this extension in consultation with the fire brigade

A feasibility study performed to establish the role and extent to which recycling can employed to benefit the landfill operation.

Portable tall netting be utilised to limit windblown refuse.


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Although not a statutory requirement, the Application was advertised in the Pilbara News and a sign on site. No submissions or objections were received. Statutory Environment Shire of Ashburton Town Planning Scheme No. 7. As noted, the current Landfill is reserved under the Scheme for „Waste Disposal and Treatment‟ with the remainder of Lot 300 reserved under the Scheme as „Conservation, Recreation and Landscape‟. Under the Scheme Clause 3.2.5 states:

“The “Conservation, Recreation and Natural Landscapes” reserve is intended to accommodate a broad range of natural and modified land uses and development and may, subject to relevant approvals, include extractive or resource processing industry and infrastructure. Where applications for such development are considered by Local Government, it shall have regard for other legislation and/or the advice of the relevant land owner/manager.”

The Shire owns the land and the proposal has received licenced approval from the EPA pursuant to the Environment Protection Act 1986 in the form correspondence stating that the extension will operate under the existing EPA Licence. Environmental Protection Act 1986 Local Government Act 1995 Shire of Ashburton Health Local Laws 1998 Bush Fires Act 1954 Environmental Protection (Rural Landfill) Regulations 2002 Environmental Protection (Controlled Waste) Regulations 2004 Environmental Protection (Unauthorised Discharge) Regulations 2004 Environmental Protection (Clearing of Native Vegetation) Regulations 2004 Guideline for Controlled Waste Treatment or Disposal Sites 1996 (as amended December 2009) Department of Environment and Conservation license #L6807/1997/7. Policy Implications There are no policy implications, which relate to this matter. Financial Implications The Shire is able to recoup costs associated with this process from the proponent. Strategic Implications There are no strategic implications, which relate to this matter. Voting Requirement Simple Majority Required


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Council Decision MOVED: Cr Wright SECONDED: Cr Bloem

1. That Council, issue Planning Approval in respect of land at Lot 300 (Reserve 50203) Bingarn Road, Tom Price for a putrescible landfill facility, generally in accordance with the SKM Report dated 5 April 2011 and subject to the following conditions:

a) The land use and development shall be undertaken generally in accordance with the approved plans, in a manner that is deemed to comply with the satisfaction of the Chief Executive Officer.

b) Where there is a conflict between a recommendation of the SKM Report and a condition of this Planning Approval, the condition shall take precedent.

c) The construction of the footprint modification and the operation of landfilling activities will be implemented in accordance with the SKM „Tom Price landfill Extension‟ report dated 5 April 2011 or other as approved by the Chief Executive Office.

d) Prior to commencement of any filling activities: i) a Fire Contingency Plan is to be prepared for approval by the Fire and

Emergency Services Authority (FESA). The Fire Contingency Plan is to deal with prevention of, and response to, both fires potentially originating within the facility and fires potentially originating outside. Upon approval, a copy of the approved Fire Contingency Plan is to be provided to the Shire and the Fire Contingency Plan is to be implemented in full and maintained in implementation until closure of the facility.

ii) Clarification on the depth and distribution of fill and cover , and assurances

that the life of the tip can be extended for 10years without the need for the finished height of the tip to exceed 2m above the existing ground level.

iii) The monitoring of the leachate from the site is to also cover the existing tip and

that further investigation is carried out to establish the possible extent of the infiltration of ground water from the exclusion zone area, culverts, and drainage line.

e) The footprint modification the subject of this approval shall be carried out such that

the footprint modification and the whole of the landfill on the site are structurally stable.

f) If the footprint modification the subject of this approval is not substantially commenced within two years from the date of this approval, the approval shall lapse and be of no further effect. Where this approval has lapsed, the footprint modification shall not be carried out without further approval being sought and obtained from the Shire.


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g) No waste other than Class I and Class II putrescible waste (as defined in the Landfill Waste Classification and Waste Definitions 1996 published by the Department of Environment pursuant to items 63, 64, 65 and 66 of Schedule 1 of the Environmental Protection Regulations 1987) is permitted to be received by the facility.

h) Not less than two years from anticipated closure of the Facility, the operator shall prepare a „Landfill Decommissioning and Post-Closure Management Plan‟ to the satisfaction of the Shire.

i) Prior to commencement of construction of any cell, engineering plans submitted and approved by the Shire incorporating: (i) bunding; or (ii) a drainage system; or (iii) a combination of (a) and (b).

j) The operator shall ensure that any windblown waste is removed from the premises, fences and roads, and any windblown waste emanating from the premises is collected and removed on a weekly basis or more frequently when directed by the Shire.

k) The operator shall use all best endevours to ensure that on all areas of the facility from which dust may be generated that these are maintained in a condition so that no visible dust crosses the boundary of the premises.


i. It is recommended that the Shire undertake a feasibility study to establish the role and extent to which recycling can employed to benefit the landfill operation.

ii. Advise the applicant that the issuing of development approval for the development

pursuant to Shire‟s Planning Scheme does not constitute approval to use the Operation/Construction Facility unless all matters relating to Local Government (Miscellaneous Provisions) Act have been addressed.

iii. Rights of appeal are also available to you under the Planning and Development Act

1928 (as amended) against the decision of Council, including any conditions associated with this decision. Any such appeal must be lodged within 28 days of the date of this decision to the State Administrative Tribunal (telephone 9219 3111 or 1300 306 017).

iv. The issuing of development approval for the development pursuant to Shire‟s

Planning Scheme does not constitute approval to use the Operation/Construction Facility unless all matters relating to Local Government (Miscellaneous Provisions) Act have been addressed.


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v. The Shire of Ashburton contains many places of Aboriginal Heritage significance. Proponents are advised to consider Aboriginal heritage issues and their obligations under the Aboriginal Heritage Act 1972 at an early stage of planning. Further information can be obtained from the Department of Indigenous Affairs on 9235 8000 or at the following web site http://www.dia.wa.gov.au/Heritage/default.aspx.

vi. This Planning Approval issued by the Shire of Ashburton does not remove any

responsibility the Applicant may have in obtaining a vegetation clearing permit from the Department of Environment in accordance with the Environment Protection Act 1986. Further information can be obtained from the Department of Environment or at the following website www.environment.wa.gov.au.

vii. This Planning Approval issued by the Shire of Ashburton does not remove any

responsibility the Applicant may have in notifying Environment Australia of the proposal for consideration of impacts in accordance with the Environmental Protection and Biodiversity Conservation Act 1999. Further information can be obtained from Environment Australia on (02) 6274 1111 or on http://www.deh.gov.au/epbc/assessmentsapprovals/index.html.

2. That Council request the Chief Executive Officer to prepare an appropriate Report to

Council addressing the rezoning of Lot 300 from „Conservation, Recreation and Landscape‟ under the Scheme to a „Waste Disposal and Treatment‟ reserve.

CARRIED 7/0





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13.07.51 REQUEST FOR CLOSURE OF UN-NAMED GAZETTED ROADS 8399 AND 8400, ASHBURTON NORTH

FILE REFERENCE: RD.OG.02.05 AUTHOR‟S NAME AND POSITION:



Department of Regional Development and Lands




N/A

Summary The Department of Regional Development and Lands has written to Council requesting it to urgently initiate the processes to have un-named Gazetted Roads 8399 and 8400 closed in order to help facilitate the proposed Taking Order for Chevron's Wheatstone Project. It would seem that un-named Gazetted Roads 8399 and 8400 have not (in recent times) formally been for access purposes as no tracks are obvious. The request will result in costs to the Shire associated with the closure including staff time, advertising and surveying. Discussions with a Department officer indicate that Chevron would be responsible for such costs. It is recommended that Council seek closure of un-named Gazetted Roads 8399 and 8400. The process requires public advertising and any adverse community comments on either the closure of the un-named road reserve will be reported back to Council for determination. Any such closure should be subject to a commitment from Chevron to cover Shire costs.

Background The Department of Regional Development and Lands has written to Council requesting that it urgently initiates the processes to have un-named Gazetted Roads 8399 and 8400 closed in order to help facilitate the proposed Taking Area for Chevron's Wheatstone Project.

ATTACHMENT 13.07.51A ATTACHMENT 13.07.51B

Proposal The portion of roads over part of the area within the proposed Taking Order for Chevron's Wheatstone Project (Project) and within the proposed Ashburton North Strategic Industrial Area. The Department of Regional Development and Lands has requested that Council initiate the processes,


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pursuant to Section 58 of the LAA and Regulation 9 of the Land Administration Regulations 1998, to have the above roads resolved to be closed to help facilitate the Project as a matter of priority. Comment It would seem that un-named Gazetted Roads 8399 and 8400 have not (in recent times) been used for access purposes, as no formed tracks are obvious.

ATTACHMENT 13.07.51C The process requires public advertising. Any adverse community comments on either the closure of the un-named road reserve would be reported back to Council for determination. Statutory Environment Road Closure: Land Administration Act 1997 - Sect 58 is relevant to the proposed closure of a road reserve. Section 58 requires:

“58(1) When a local government wishes a road in its district to be closed permanently, the local government may, subject to subsection (3), request the Minister to close the road.”... and

“58(3) A local government must not resolve to make a request under subsection (1) until a

period of 35 days has elapsed from the publication in a newspaper circulating in its district of notice of motion for that resolution, and the local government has considered any objections made to it within that period concerning the proposals set out in that notice."

Consultation Chief Executive Officer Executive Manager Engineering Services Executive Manager Western Operations Financial Implications Financial implications relates to staff time, advertising and surveying. Discussions with a Department of Regional Development and Lands officer indicated that Chevron would be responsible for such costs. The closure should be subject to a commitment from Chevron to cover Shire costs. Strategic Implications The closure and cancellation as sought in this report will assist in achieving the focus as stated in the Shire‟s Strategic Plan 2007-2011:

“Strengthen and diversify opportunities and experiences for people living, visiting, working and learning in the Shire.”

The Wheatstone Project is an important operational and strategic need for the Shire. Voting Requirement Simple majority required.


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Council Decision MOVED: Cr Thomas SECONDED: Cr Bloem 1. That Council:

a) Close Gazetted Roads 8399 and 8400 in compliance with Section 58 of the Land Administration Act 1997, in accordance with ATTACHMENT 2.

b) Advertise the closure and transfer referred to in 1a) above in a locally

circulating newspaper for a minimum period of 35 days inviting the public to comment, pursuant to Section 58 of the Land Administration Act 1997.

c) Require that should any objection be received in response to the statutory

advertising of the proposed closure or the property transferral, that it be referred back to the Council for consideration.

d) Note that providing no objections are received from the public in relation to

the proposed road closure and transferral, request the Chief Executive Officer to submit to the Minister for Lands a request to close Gazetted Roads 8399 and 8400 in compliance with Section 58 of the Land Administration Act 1997, in accordance with ATTACHMENT 2.

2. That Council:

a) Request the Chief Executive Officer to write to the Department of Regional Development and Lands and Chevron Australia advising that the process of road closure pursuant to 1. above will commence once a commitment from Chevron Australia is received to cover all Shire costs associated with staff time, advertising and surveying.

CARRIED 7/0


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1. the approval is only valid for the ordinary meeting of Council to be held on 20 July 2011; 2. the declaring members declare the nature and extent of their interest at the Council meeting when these matters are considered together with the approval provided; 3. the CEO is to provide a copy of the Department‟s letter advising of the approval to each declaring member; and 4. the CEO is to ensure that the declarations, including the approval given and any conditions imposed, are recorded in the minutes of the meeting when these matters are discussed.


ATTACHMENT 13.07.52

Councillors Bloem, Wright, Dias, Rumble and White considered that Agenda Item 13.07.52 did not require a Declaration of Financial Interest as the Shire of Ashburton was the proponent.


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13.07.52 DRAFT LOCAL PLANNING SCHEME AMENDEMENT NO. 7 (CONSIDERATION FOR ADOPTION FOR FINAL APPROVAL) AND ADOPTION OF DRAFT LOCAL PLANNING POLICY

FILE REFERENCE: PS.TP.7.7

AUTHOR‟S NAME AND

POSITION:

Rob Paull

Shire‟s Town Planning Consultant

NAME OF APPLICANT/

RESPONDENT:

Shire of Ashburton

DATE REPORT WRITTEN: 10 July 2011

DISCLOSURE OF FINANCIAL

INTEREST:


PREVIOUS MEETING

REFERENCE:

Agenda Item 13.03.13 Ordinary Meeting of Council 16 March

2011

Agenda Item 13.11.69 Ordinary Meeting of Council 17

November 2010

Summary

Draft Amendment No. 7 to the Shire of Ashburton Local Planning Scheme („Scheme‟) was initiated by Council at the 17 November 2010 meeting. The draft Amendment was modified at the Council meeting of 16 March 2011to read as follows:

“1. Rezoning Lot 604 Rocklea Road Paraburdoo from „Public Purposes – Community‟ reserve to „Residential‟ zone with a Residential Planning Code equivalent of „R 50‟ as set out in the Amendment Map.

2. Rezoning part Lot 603 Rocklea Road Paraburdoo and Lot 606 You Yi Lane Paraburdoo from „Community‟ zone to „Residential‟ zone with a Residential Planning Code equivalent of „R 50‟ as set out in the Amendment Map.

3. Modifying the existing Residential zone Residential Planning Code for part Lot 603 Rocklea Road Paraburdoo to R50‟ as set out in the Amendment Map.”

At the Council meeting of 16 March 2011, Council adopted Amendment No.7 for advertising (42 days) which was undertaken. One submission of no objection was received during the advertising period. The submission seeks to modify the RCoding of Lot 605 You Yi Lane from R30 – R 50. Although Lot 605 was not included in the advertising, the Department of Planning has advised that Council can consider its inclusion in the Amendment, provided it is satisfied that it would not cause a negative impact on the surrounding properties.


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After considering the submission, it is recommended that Council adopt draft Amendment No. 7 for final approval (with modification) and refer it to the Western Australian Planning Commission with a request for the approval of the Hon. Minister for Planning. It is recommended that Council adopt a modified draft Local Planning Policy in accordance with the provisions of the Scheme (modified to include reference to Lot 605). However, final advertising of the Policy should only be undertaken if Amendment No. 7 is approved by the Minister.

Background Lot 604 Rocklea Road, Paraburdoo - has an area of 5327m2, is owned by the Shire, occupied by a building used by a veterinary but under contract for sale. Under the Shire‟s Local Planning Scheme, Lot 604 is reserved for „Public Purposes – Community‟.

Lot 603 Rocklea Road, Paraburdoo - is owned by RTIO. Lot 603 has an area of 8940m2 and is partially occupied by the nurse‟s quarters (but not used for this purpose). Lot 603 is part zoned „Residential R 30‟ and „Community‟.

Lot 606 You Yi Lane, Paraburdoo - is owned by RTIO, has an area of 2958m2 and has previously been used by the Company for the accommodation of transient workers in Paraburdoo. The building was recently damaged by fire and is no longer habitable. The Company has advised Council that it has not yet determined the future use of the site.

Draft Amendment No. 7 to the Shire of Ashburton Local Planning Scheme („Scheme‟) was initiated by Council at the 17 November 2010 meeting. The draft Amendment seeks to:


2. Rezoning part Lot 603 Rocklea Road Paraburdoo and Lot 606 You Yi Lane Paraburdoo

from „Community‟ zone to „Residential‟ zone with a Residential Planning Code equivalent of „R 50‟ as set out in the Amendment Map.

3. Modifying the existing Residential zone Residential Planning Code for part Lot 603

Rocklea Road Paraburdoo to R50‟ as set out in the Amendment Map.”

ATTACHMENT 13.07.52A As part of the initial Amendment process, it was referred to the EPA for environmental assessment and to Rio Tinto for comment requesting that they contribute on an equal basis to the cost of initiating and pursuing Amendment No. 7. The EPA advised that the Amendment would not be assessed. At the 16 March 2011meeting, Council also resolved advertise the Amendment (for 42 days) and that draft Local Planning Policy - Assessment of Applications under Clause 6.6.2 of the Shire of Ashburton Local Planning Scheme No. 7 also be adopted for advertising in association with Amendment No. 7.


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Comment The advertising of Amendment No. 7 was then carried out in accordance with the planning regulations. One submission of no objection has been received to both the draft Amendment and draft Policy. The submission seeks to modify the RCoding of Lot 605 You Yi Lane from R30 – R 50. Although Lot 605 was not included in the advertising, the Department of Planning has advised that Council can consider its inclusion in the Amendment, provided it is satisfied that it would not cause a negative impact on the surrounding properties. The submission is addressed in the attached Schedule.

ATTACHMENT 13.07.52B ATTACHMENT 13.07.52C

Amendment No. 7 to the Scheme will provide the opportunity to provide additional residential development for Paraburdoo in a coordinated and planned manner. Importantly, all three lots are within an established precinct of mix of housing (R30), transient workforce accommodation and community uses, including police station and associated house, church and community centre.

Rocklea Road is an important access to Paraburdoo and forms a „boulevard‟ entrance to the town. Land opposite to the east (part Lot 61) is owned by RTIO and is partially developed as the Rocklea Palms transient workforce accommodation centre. Part Lot 61 fronts Rocklea Road and is zoned Residential R50. Within the Residential R50 zone, grouped housing and transient workforce accommodation are permitted at the discretion of the Council.

Further, when determining whether to exercise its discretion, such applications are assessed against the Residential Design Codes (R Codes). The R Codes cover a range of matters, including open space requirements, building setbacks and separations, car parking and landscaping. Under a Residential R50 zone, the setback to Rocklea Road would be 4 metres and allow up to:

• 48 residential units on Lot 603; • 27 residential units on Lot 604; and • 16 residential units on Lot 606.

However, under the recently revised R Codes, these sites when zoned Residential R50 may have the potential for development to reflect a plot ratio of 0.6. This may result in significantly more residential units than reflected above.

Proposed Local Planning Policy Draft „Local Planning Policy – Development of Lots 603 and 604, 606 and Part Lot 61 Rocklea Road, Paraburdoo‟ has been prepared to guide the development of the land so as not to impinge upon the visual entry into Paraburdoo. In this regard, the local planning policy would address setbacks, building height, open space, residential amenity, car parking and landscaping associated with the development of Lots 603 and 604 as it affects the frontage to Rocklea Road.

The design criteria of the Policy emphasises the need for high quality development for the land and seeks to ensure that land site is comprehensively planned. „Donga camp‟ style development will not be accepted by Council under any circumstances.


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Importantly however, the Policy establishes set back requirements for development fronting Rocklea Road. Under a Residential R50 zone, the setback to Rocklea Road could be 4 metres. Fortunately, Rocklea Road reserve is almost 50 metres wide. The Policy retains the 4 metre setback, but provides that where multi-storey development is sought, it shall be „stepped‟ from single storey to multiple levels for a distance of not less than 10 metres from the 4 metre front setback.

In addition, the 4 metre setback area is to be landscaped and not used for parking unless accepted by Council. Any enclosed fencing is also to be set back to 4 metres to maintain the local amenity.

ATTACHMENT 13.07.52D ATTACHMENT 13.07.52E

Conclusions On the basis of the above, Amendment No. 7 and draft „Local Planning Policy – Development of Lots 603 and 604, 606 and Part Lot 61 Rocklea Road, Paraburdoo‟ should adopted by Council for final adoption. The request by RTIO (through their planning consultant) to modify the RCoding of Lot 605 You Yi Lane from R30 – R 50 is considered reasonable as it will enable the various parcels of RTIO land to be treated and one development site. This will remove the contentious issue of dealing with two different R Codings. The request of RTIO was referred informally referred to the Department of Planning (DoP). DoP staff has advised (via Email) as follows:

“Should Council wish to support the Submission (noting that no other submissions against the Amendment were received) and where Council is satisfied that there are no impacts on nearby landowners from additional traffic etc), then the proposed change to the R code for lot 605 (from R30 to R50) can be considered as a modification to Amd 7.”

Lot 605 Rocklea Road, Paraburdoo is owned by RTIO and has an area of 2070m2 and is partially occupied by the nurse‟s quarters (but not used for this purpose). Lot 603 is part zoned „Residential R 30‟ and „Community‟. As noted in the attached Schedules, it is considered that no negative impacts on nearby properties will arise from the change in the R Code of Lot 605. A modified Amendment No. 7 should therefore be adopted for final approval along with a modified draft „Local Planning Policy – Development of Lots 603 and 604, 606 and Part Lot 61 Rocklea Road, Paraburdoo‟ (which includes reference to Lot 605). Consultation Chief Executive Officer Environmental Protection Authority RTIO

Statutory Environment Planning and Development Act 2005

Planning Scheme amendments are processed in accordance with the Planning and Development Act (2005) and planning regulations. The decision on whether to adopt an amendment is solely that of Council. Upon adoption by Council the amendment is referred to the EPA after which public advertising of the proposal occurs. After public advertising, Council will consider whether to adopt the amendment for final approval with or without modifications (this is where this „draft Amendment‟ currently sits in the process). The final


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decision on whether to grant final approval to an amendment rests with the Minister for Planning, acting upon recommendation from the WAPC. Shire of Ashburton Local Planning Scheme No. 7 Environmental Protection Act 1986 State Planning Policy 3 - Urban Growth and Settlement (SPP 3) - includes the following objectives:

To promote a sustainable and well planned pattern of settlement across the State, with sufficient and suitable land to provide for a wide variety of housing, employment, recreation facilities and open space.

To build on existing communities with established local and regional economies, concentrate investment in the improvement of services and infrastructure and enhance the quality of life in those communities.

To manage the growth and development of urban areas in response to the social and economic needs of the community and in recognition of relevant climatic, environmental, heritage and community values and constraints.

To promote the development of a sustainable and liveable neighbourhood form which reduces energy, water and travel demand while ensuring safe and convenient access to employment and services by all modes, provides choice and affordability of housing and creates an identifiable sense of place for each community.

To coordinate new development with the efficient, economic and timely provision of infrastructure and services.

The Shire is required to have due regard to State Planning Policies in the preparation of amendments to its Scheme. The amendment is consistent with the objectives of SPP 3. Policy Implications Adoption of the Policy will establish the Council direction for assessing applications lodged under the Shire of Ashburton Local Planning Scheme No. 7 for 603, 604, 605 and 606 and Part Lot 61 Rocklea Road, Paraburdoo.

Financial Implications There are no financial implications relative to this matter. Strategic Implications The modifications to the Scheme as sought will assist in achieving the focus as stated in the Shire‟s Strategic Plan 2007-2011:

“Strengthen and diversify opportunities and experiences for people living, visiting, working and learning in the Shire.”



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That Council:

1. Pursuant to Part V of the Planning and Development Act 2005 ("Act"), and having considered the submissions lodged during the advertising period:

i. Adopt for final approval, draft Amendment No. 7 ("draft Amendment") to Shire of Ashburton Town Planning Scheme No. 7 ("Scheme") by:


2. Rezoning part Lot 603 Rocklea Road Paraburdoo and Lot 606 You Yi Lane Paraburdoo from „Community‟ zone to „Residential‟ zone with a Residential Planning Code equivalent of „R 50‟ as set out in the Amendment Map.

3. Modifying the existing Residential zone Residential Planning Code for part Lot 603 Rocklea Road Paraburdoo and Lot 605 You Yi Lane Paraburdoo to R50‟ as set out in the Amendment Map.”

ii. That the Council endorses the Schedule of Submissions prepared in response to the community consultation undertaken in relation to Amendment No. 7.

iii. That the Council refer Amendment No. 7 to the Scheme, so adopted for final approval, to the Western Australian Planning Commission with a request for the approval of the Hon. Minister for Planning.

iv. That, where notification is received from the Western Australian Planning Commission that a modification of the Amendment is required prior to approval of the Amendment by the Minister, this modification is to be undertaken in accordance with the requirements of the Town Planning Regulations 1967, unless the modification affects the intent of the Amendment, in which case it shall be referred to the Council for consideration.

2. That with respect to draft „Local Planning Policy – Development of Lots 603 and 604, 606 and Part Lot 61 Rocklea Road, Paraburdoo‟, Council:

i. note the submission received during adverting and adopts draft „Local Planning Policy – Development of Lots 603 and 604, 606 and Part Lot 61 Rocklea Road, Paraburdoo‟;

ii. modify draft „Local Planning Policy – Development of Lots 603 and 604, 606 and

Part Lot 61 Rocklea Road, Paraburdoo‟ to include reference to Lot 605 as discussed in this Report and as included in Attachment 4 to the Report; and


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iii. adopt draft „Local Planning Policy – Development of Lots 603, 604, 605 and 606 and Part Lot 61 Rocklea Road, Paraburdoo‟ as a Local Planning Policy under the provisions of clause. 2.3 of Shire of Ashburton Local Planning Scheme No. 7 as included in Attachment 5 to the Report.

3. The Chief Executive Officer be requested to advertise draft „Local Planning Policy –

Development of Lots 603, 604, 605 and 606 and Part Lot 61 Rocklea Road, Paraburdoo‟ after the Minister for Planning favourably determines draft Amendment No. 12.

CARRIED 7/0


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ATTACHMENT 13.07.53

Cr‟s Dias, Rumble and White left the meeting at 5.23 pm.


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13.07.53 DEVELOPMENT APPLICATION – PROPOSED HAMERSELY AGRICULTURAL PROJECT, MARANDOO HAMERSLEY PASTORAL STATION (PL 3114 1277), TOM PRICE

FILE REFERENCE: MI.MRDO AUTHOR‟S NAME AND POSITION:



Robe River Mining Pty Ltd (RTIO) who is the Primary Leaseholder




Agenda Item 13.05.30 Ordinary Meeting of Council 18 May 2011

Summary The Shire is in receipt of an Application for Planning Approval for pastoral operations including the planting and irrigation of pasture for hay production as part of the Hamersley Agricultural Project. Hay fodder crops will be grown year round and will be cut and baled on site on a rotational basis. Baled crops will be delivered to the Hamersley Station for cattle stock feed and excess produce may be provided to other pastoral operators for stock feed. The crops will be watered by rotating spray pivots delivering a controlled supply of water and essential nutrients. Water and nutrient supply to the agriculture areas will be closely monitored and controlled by the operating system designed to supply only the required water and nutrients for daily growth according to plant requirements, evaporation and transpiration rates, and soil moisture content for each pivot. A water storage dam will be developed as part of the Project. The agricultural works are proposed to be located approximately 6 km west of Marandoo Mine. The Application was advertised for 14 days and no objections or community submissions were received. The Shire directly referred the Amendment to the Department of Environment and Conservation (DEC) no direct response from the DEC was received however they in turn, referred the application to the Pastoral Lands Board. It would appear that the proposed „Marandoo Water Pipeline‟ project will have substantial benefit for the Pilbara region through the supply of reticulated water. Although on the face of it, the development is unlikely to negatively impact on the locality, the comments from the Pastoral Lands Board indicate that it is premature to issue planning approval until a response from the EPA and Department of Water is received along with further advice from the Pastoral Lands Board that satisfactory arrangements with RTIO and the Pastoral Lands Board are achieved.


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In this regard, it is recommended that Council advise the Applicant that it does not oppose the issue of Planning Approval for pastoral operations as sought however Council is not in a position to determine the application until a response from the EPA is received along with advice from the Pastoral Lands Board that satisfactory arrangements with RTIO and the Pastoral Lands Board for the Hamersley Agricultural Project are achieved. Subject to the receipt of advice from the EPA, Department of Water and the Pastoral Lands Board, Council authorise the Chief Executive Officer to issue Planning Approval.

Background As part of the Marandoo Mine Phase 2 project the Company proposes to expand the existing mining operations at Marandoo by mining below the water table. A portion of the surplus dewatering water will be provided to Hamersley Pastoral Station to be used as a source of irrigation water for the Hamersley Agricultural Project operations. At the Council meeting of 18 May 2011 Council approved a planning application for the „Marandoo Water Pipeline‟ project („project) that comprised the following:

Existing water pipeline upgrade works. The majority of these works will be carried out from the intersection of Southern Fortescue Pipeline and Marandoo Railway toward the Southern Fortescue Borefield.

Additional water pipeline sections will be constructed at the northern end of the Southern Fortescue Borefield.

Upgrade of chlorination system for supply to Tom Price.

Modifying ten existing dewatering bores and establishing new reinjection bore(s) at the Southern Fortescue Borefield to upgrade the infrastructure including:

supplying new submersible pumps, motors and associated cables into the existing bore casings including installation of concrete slabs;

reinstating several of the existing pumps into new bore arrangements;

installing pipeline and powerline extension to new bore(s) as required; and

installing new headworks inclusive of all valving and instrumentation, injection piping and new risers for existing and new bores.

Installing a carbon steel pipe that bypasses the existing South Fortescue tank and pump station.

Several temporary buildings (approximately two crib rooms/offices and one ablution facility) will be required for the contractors to be able to construct these proposed works (proposed at the Southern Fortescue tank and pump station).

Adjacent land uses include cattle grazing, agricultural use, mineral exploration and conservation. Proposal The Application before Council is described as pastoral operations including the planting and irrigation of pasture for hay production.


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The agricultural works are proposed to be located approximately 6 km west of Marandoo Mine. The tenure is Hamersley Pastoral Station (PL 3114 1277), which is held by the Company. The „Hamersley Agricultural Project‟ lies within the Hamersley Plateau. The Hamersley Plateau is characterized by rounded hills and ranges with large, expansive plains with calcrete limestone platforms or cracking clays. Wider alluvial plains occur locally, with soils (in parts) being deep and

earthy loams, with small areas of neutral red earths, deep‐cracking clays and earthy clays. The northern edge of the Hamersley plateau is bounded by a prominent scarp dissected by northward flowing streams and a series of spectacular gorges. The central portion of the Plateau comprises a mixture of elevated plains, valley floors and a series of

hills over 1,000m high, running along a north‐west/southeast axis. The most prominent feature, within the vicinity of Marandoo, is Mount Bruce, which at 1235 m above sea level is the second largest mountain in Western Australia (RTIO 2008). The application area has an elevation of approximately 700 m Australian Height Datum. The Southern Fortescue Borefield has an elevation of approximately 666 m AHD. The application area is located in the Hamersley subregion within the Pilbara Craton bioregion approximately 2 kilometres west of Karijini National Park. The type of vegetation that is found within the subject sites include low woodland, scattered low trees, hummock grassland and open shrubland.

ATTACHMENT 13.07.53A RTIO advise that the project is considered to be an efficient surplus water management solution for their Pilbara operations and beneficial to the pastoral operations as follows:

“The Project will minimise the requirement for surplus dewatered water to be discharged into the surrounding natural drainage lines. Crops will be grown year round and will be cut and baled on site on a rotational basis. Baled crops will be delivered to the Hamersley Station for cattle stock feed and excess produce may be provided to other pastoral operators for stock feed. The crops will be watered by rotating spray pivots delivering a controlled supply of water and essential nutrients. Water and nutrient supply to the agriculture areas will be closely monitored and controlled by the operating system designed to supply only the required water and nutrients for daily growth according to optimum plant requirements, evaporation and transpiration rates, and soil moisture content for each pivot. The Project is expected to utilise approximately 60-80 ML of water per day, for approximately 22 years, based on water supply from the MMP2 mine.”

(Correspondence provided with the Application for Planning Approval)

A water storage dam will be developed as part of the Project. ATTACHMENT 13.07.53B


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The scope of works is as follows:

clearance of approximately 1500 ha of native vegetation, within a 2800 ha Project area;

development of up to three agriculture areas: the Western Agricultural Area, Central Agricultural Area and possibly the Eastern Agricultural Area, including a 7 ha native seed pivot and associated infrastructure with an irrigated footprint of approximately 1350 ha;

potential Southern Fortescue Borefield (SFB) Agricultural Area;

3 - 4GL dam and associated infrastructure including transfer pump station and roads with a footprint of approximately 150 ha.; and

support infrastructure such as a workshop, warehouse, gazebo and crib room.

Stage 1 of the proposed works is planned to commence in 2011 - 2012 and will involve developing the Central and Western Agriculture areas and Storage Dam. RTIO advise that depending on the agricultural performance of Stage 1 development areas, Stage 2 may be required for the Project. If required, one of the sites in Stage 2 will be developed (either SFB area or Eastern Agricultural area). The SFB area is the preferable location, provided access to the land is available and the area is suitable for agriculture. Under the Shire of Ashburton Local Planning Scheme No. 7, („Scheme‟) the proposal is located in the Rural zone. The proposed „use and development‟ can be defined as „agriculture‟ or „intensive agriculture‟, which are a Permitted and Discretionary land use respectively. The use of „rotating spray pivots‟ is considered to make the operations more closely defined as intensive agriculture‟. A Permitted land use is required to comply with the Scheme objectives and relevant development standards. A Discretionary land use is not permitted unless the Local Government has exercised discretion by granting planning approval. Section 6.12.1 of the Scheme states ... "ln considering any proposed development within the Rural Zone, but in an area subject to strategic proposals for urban or industrial development, the Local Government shall only grant approval where that proposed development or use will not, in the opinion of Local Government, prejudice the future development of proposals." The purpose of this proposal is to produce hay to feed cattle at the Hamersley Pastoral Station and possibly other pastoral stations. The proposed agricultural activity sites are unlikely to interfere with the future development of the land or surrounding lands as land uses of this nature have existed within this vicinity for many decades. Comment The application can be described as 'Infrastructure' for the purposes of determining land use permissibility under the Shire of Ashburton Local Planning Scheme No. 7 („Scheme‟). Under the Scheme, the land subject of new infrastructure is zoned „Rural‟. It is noted that a minor portion of the water pipeline encroaches the „Conservation, Recreation and Nature Landscape‟ Scheme Reserve, however this is an existing portion of the water pipeline. Under the Rural zone „infrastructure‟ is a 'Discretionary' use meaning that the land use is not permitted unless the Council has exercised its discretion by granting planning approval.


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Clause 6.12.1 of the Scheme states in part: " In considering any proposed development within the Rural Zone, but in an area subject to strategic proposals for urban or industrial development, the Local Government shall only grant approval where that proposed development or use will not, in the opinion of Local Government, prejudice the future development of those proposals.” It is considered that in relation to Clause 6.12.1, the Application is neither subject to any strategic proposals nor would prejudice the future development of the land or surrounding lands. An application for a diversification permit for the Project was submitted to the Pastoral Lands Board in May 2010. The officer advice from the Pastoral Lands Board to the Shire (via Email) with respect to the proposal is as follows:

“Hamersley Iron first applied to the Pastoral Lands Board in March 2009 for a permit under s.120 of the Land Administration Act 1997 (a „diversification permit‟) to allow irrigated hay production on a portion of the pastoral lease. This application was subsequently withdrawn in August 2009 as the lessee wished to further refine their proposal.

A revised application was submitted in May 2010 and our usual referral process to other agencies (DEC, the Department of Agriculture & Food, local Shire, Department of Water, etc) was undertaken in June 2010. I have attached a copy of that permit application for your information, as sent to Ashburton CEO on 26 June 2010. As you can see, it varies from the plans submitted for Shire approval.

DEC indicated that, if the applicant did not self-refer to the Environmental Protection Authority, it would take steps to have the proposal called in by the EPA.

Hamersley Iron agreed to this, and understood that the diversification permit application would be put “on hold” pending the EPA outcome. The Pastoral Lands Board may not approve the issuing of a permit until it is satisfied that the requirements of the Environmental Protection Act 1986 and any other environmental conservation legislation have been complied with (s.117 of the Land Administration Act 1997).

Hamersley Iron submitted an application to the EPA on 28 January 2011 to determine the level of assessment required, and advised the PLB that it was confident of an API level of assessment, with a decision forthcoming by August 2011.

When Hamersley Iron confirmed that the proposal put to the EPA was a revised version of the one submitted for the diversification permit application, I advised that a new permit application would be required that matched the one for which EPA approval had been granted, once that approval had been obtained.

PLB has not been advised of the EPA outcome yet, nor have we received a fresh permit application.

I note that on the map submitted to the Shire for development approval there is an area marked “SFB Agriculture Area – not yet surveyed”. Please be aware that this area falls within an area of the pastoral lease that is excluded from renewal in 2015 when the current


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pastoral lease expires, as it is intended that the land shown in pale green on Figure 1.2 of the development application will be included in the Karajini National Park after 30 June 2015.

I also note that the development application shows Hamersley Iron Pty Ltd as the owner of the land on which the proposed agriculture project is situated, whereas in fact the State of WA is the owner, with Hamersley Iron P/L being the lessee.

As you are aware, the Pastoral Lands Board is, in principle, supportive of diversification proposals on pastoral leases.”

Conclusions It would appear that the proposed „Marandoo Water Pipeline‟ project will have substantial benefit for the Pilbara region through the supply of reticulated water. Although on the face of it, the development is unlikely to negatively impact on the locality the comments from the Pastoral Lands Board indicate that it is premature to issue planning approval until a response from the EPA and Department of Water is received along with advice from the Pastoral Lands Board that satisfactory arrangements with RTIO and the Pastoral Lands Board are achieved. In this regard, it is recommended that Council advise the Applicant that it does not oppose the issue of Planning Approval for pastoral operations as sought however Council is not in a position to determine the application until a response from the EPA, Department of Water is received along with advice from the Pastoral Lands Board that satisfactory arrangements with RTIO and the Pastoral Lands Board for the Hamersley Agricultural Project are achieved. Subject to the receipt of advice from the EPA and the Pastoral Lands Board, Council authorise the Chief Executive Officer to issue Planning Approval.

Consultation Chief Executive Officer Community consultation was undertaken via an advertisement in the Pilbara News with the period for submissions open for 14 days (in accordance with the Scheme). No objections or community submissions were received. The Shire directly referred the Amendment to the Department of Environment and Conservation (DEC) no direct response from the DEC was received however they in turn, referred the application to the Pastoral Lands Board. The advice from the Board is referred to in this Report. Statutory Environment Shire of Ashburton Local Planning Scheme No.7. Policy Implications There are no policy implications, which relate to this matter. Financial Implications The Shire is able to recoup costs associated with this process from the Applicant. Strategic Implications There are no strategic implications, which relate to this matter.


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Council Decision MOVED: Cr Bloem SECONDED: Cr Wright

That Council: 1. Advise the Applicant that Council does not oppose the issue of Planning Approval for

pastoral operations including the planting and irrigation of pasture for hay production at Hamersley Pastoral Station (PL 3114 1277), Tom Price however Council is not in a position to determine the application until a response from the EPA is received along with advice from the Pastoral Lands Board that satisfactory arrangements with RTIO and the Pastoral Lands Board for the Hamersley Agricultural Project are received.

2. Subject to the receipt of advice from the Environment Protection Authority, Department of Water and the Pastoral Lands Board in relation to 1. above, Council authorise the Chief Executive Officer to issue Planning Approval for pastoral operations including the planting and irrigation of pasture for hay production at Hamersley Pastoral Station (PL 3114 1277), Tom Price, generally in accordance with, but not necessarily limited to, the following conditions (noting that additional conditions may emanate from the response from the EPA, Department of Water and Pastoral Lands Board): (a) This Planning Consent lapses if the development has not substantially commenced

by 20 July 2013.

1. Advise the applicant as follows:

i. Council has determined this application. Rights of appeal are also available to you under the Planning and Development Act 1928 (as amended) against the decision of Council, including any conditions associated with this decision. Any such appeal must be lodged within 28 days of the date of this decision to the State Administrative Tribunal (telephone 9219 3111 or 1300 306 017).

ii. The issuing of development approval for the development pursuant to Shire‟s Planning Scheme does not constitute approval to use the Operation/Construction Facility unless all matters relating to Local Government (Miscellaneous Provisions) Act have been addressed.

iii. Further Building consent will be required for the construction of any buildings.

iv. The Shire of Ashburton contains many places of Aboriginal Heritage significance. Proponents are advised to consider Aboriginal heritage issues and their obligations under the Aboriginal Heritage Act 1972 at an early stage of planning.


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Further information can be obtained from the Department of Indigenous Affairs on 9235 8000 or at the following web site http://www.dia.wa.gov.au/Heritage/default.aspx.

v. This Planning Approval issued by the Shire of Ashburton does not remove any responsibility the Applicant may have in obtaining a vegetation clearing permit from the Department of Environment in accordance with the Environment Protection Act 1986. Further information can be obtained from the Department of Environment or at the following website www.environment.wa.gov.au.

vi. This Planning Approval issued by the Shire of Ashburton does not remove any responsibility the Applicant may have in notifying Environment Australia of the proposal for consideration of impacts in accordance with the Environmental Protection and Biodiversity Conservation Act 1999. Further information can be obtained from Environment Australia on (02) 6274 1111 or by visiting http://www.deh.gov.au/epbc/assessmentsapprovals/index.html.

CARRIED 3/1 Cr Thomas voted against the motion.





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ATTACHMENT 13.07.54

Frank Ludovico left the meeting at 5.25 pm.


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13.07.54 DRAFT LOCAL PLANNING POLICY – ROCKLEA PALMS, PARABURDOO CONCEPT PLAN

FILE REFERENCE: PA.RC.61 AUTHOR‟S NAME AND POSITION:

Rob Paull Council‟s Town Planning Consultant


Shire of Ashburton




Not applicable

Summary This report relates to a draft local planning policy (LPP) that seeks to facilitate the development of additional transient workforce accommodation and associated facilities to complement the existing accommodation on the site, in order to provide for additional employees required as part of RTIO‟s existing Greater Paraburdoo operations. The Policy is referred to as the “Rocklea Palms, Paraburdoo Concept Plan” (Concept Plan). The draft Concept Plan addresses the following:

existing development to be retained;

new accommodation buildings;

vehicular access and car parking;

pedestrian network and pathways;

open space, landscaping and vegetation retention; and

upgrade and extension works to communal facilities. It is recommended that the draft Concept Plan be advertised in accordance with the Planning Scheme and referred back to Council for consideration.

ATTACHMENT 13.07.54A ATTACHMENT 13.07.54B ATTACHMENT 13.07.54C ATTACHMENT 13.07.54D


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Background Rocklea Palms is located on the western portion of Lot 61 Rocklea Road, on the corner of Ashburton Avenue. The subject site is bound by existing residential development to the east, the Paraburdoo Shopping Centre to the north, the Paraburdoo Hotel to the south and the Hospital and residential buildings to the west. Portion of Lot 61 Rocklea Road consists of various existing buildings including a Mess and reception, function centre and pool, and 11 existing Transient Workforce Accommodation blocks and associated ablution facilities. The site is the main location for Transient Workforce Accommodation within Greater Paraburdoo, providing both long term and FIFO accommodation to RTIO personnel, with 327 units presently available (and a further 84 currently under construction). The majority of the Lot 61 is zoned „Residential‟ under the Shire of Ashburton Local Planning Scheme No. 7 (Scheme) with an „R50‟ density allocated under the Residential Design Codes. A small portion of the north eastern part of the site is zoned „Commercial and Civic‟.

The objective of the „Residential‟ zone under the Scheme is to „provide for residential development at a range of densities as indicated on the Scheme Maps‟. A range of residential and other complimentary uses are able to be considered under the zoning table within the Scheme. The use class which pertinent to this draft Local Planning Policy is „Transient Workforce Accommodation‟ which is defined under the Scheme as „dwellings intended for the temporary accommodation of transient workers and may be designed to allow transition for another use or may be designed as a permanent facility for transient workers, and includes a contractors camp and dongas‟. Transient workforce accommodation‟ is classified as a „D‟ use within the „Residential‟ zone, under the Zoning Table of Scheme, meaning that the use is not permitted unless the Shire of Ashburton has exercised its discretion by granting planning approval. The stated objective of the „Commercial and Civic‟ zone under the Scheme is to „allow for a variety of uses and is intended to be developed at the administrative and commercial centre of each town‟. Uses able to be considered within this zone include a range of residential, commercial and retail, community and civic uses. „Transient Workforce Accommodation‟ is currently not permitted within the „Commercial and Civic‟. Draft Amendment No. 14 to the Scheme proposes to include „transient workforce accommodation‟ as use in the „Commercial and Civic‟ zone that Council could approve after advertising. Amendment No. 14 is expected to be advertised for public comment shortly, prior to consideration by Council for final adoption. However, currently development of portion of Lot 61 Rocklea Road within the „Commercial and Civic‟ has been restricted to limit „transient workforce accommodation‟. Comment After discussion with Shire Staff, RTIO appointed planning consultants to prepare a draft Local Planning Policy (referred to as the “Rocklea Palms, Paraburdoo Concept Plan”). Council may recall that under the Scheme, a „development plan‟ may be prepared for Urban Development Zone, Industrial and Mixed Business Development Zone, Rural Zone and Rural Living Zone. No reference is made for the preparation of „development plans‟ for the Commercial and Civic


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Zone or the Residential Zone. However, Council could establish a Local Planning Policy that generally reflects the purpose and direction of a „development plan‟. Another draft LPP is currently before Council to guide development along Rocklea Road and ensure a high amenity streetscape. This LPP is referred to as „Development of Lots 603, 604, 605 and 606 and Part Lot 61 Rocklea Road, Paraburdoo‟ (LPP – „Rocklea Development‟). The draft LPP – „Rocklea Development‟ seeks to provide guidance on streetscape, setback and other design considerations for the development of the land. The main elements of the draft LPP – „Rocklea Development‟ includes:

Streetscape – development is required to be sensitive to the environmental context in which it is being placed.

Building design – developments of five or more dwellings should provide a range of dwelling sizes, designs and types. Modular construction will be accepted subject to high quality design, however, dongas will not be approved.

Setbacks – where multi-storey development is sought it shall be „stepped‟ from single storey to multiple levels for a distance of not less than 10m from the 4m front setback.

4m front setback is to be landscaped and not used for parking, unless endorsed by Council.

Enclosed fencing to be set back to 4m.

Building Height – R-Codes building height requirements shall apply. The Shire anticipates that a maximum of 2 storeys will be sought.

Open Space – both communal and private open space will be required to be provided for the development.

The draft Concept Plan addresses the relevant development requirements of the draft LPP – „Rocklea Development‟ as follows: Streetscape The presentation of buildings is a critical element of streetscape for Paraburdoo to ensure a contribution to the character of the street and locality. It is desirable for those streetscapes to create attractive neighbourhoods and the development to be sensitive to the environmental context in which it is being placed. The draft Concept Plan identifies the landscaping of Rocklea Road within the street setback area and verge. There is also significant existing vegetation within the Rocklea Road and Ashburton Avenue road reserves which has been identified for retention subject to detailed design. Green pedestrian links have been identified on the draft Concept Plan perpendicular to the street, which will assist with breaking up the built form and providing view corridors into the site from the public domain. The setback requirements of the draft LPP – „Rocklea Development‟ have been exceeded, with a standard setback for the double storey construction (rather than a stepped setback), which will improve the Rocklea Road streetscape and retain a sense of space to the Town entry. Buildings have been positioned on the draft Concept Plan to address the street whilst framing areas of functional open space for use by occupants. Buildings will be limited to two storeys in height which will provide an appropriate building scale for pedestrians using the street.


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Building Design The draft LPP – „Rocklea Development‟ states that a very high quality housing design and development is required with developments of five or more dwellings providing a range of dwelling sizes, designs and types. The development will be of a high quality and standard, and will use colours and materials that add to the amenity of the area and blend with the environment. Based on the transient workforce accommodation use, a predominantly single bedroom product has been proposed for the expansion stages in the Concept Plan. Some units will be provided with access between two rooms to allow for dual occupancy, should this be required. A range of design and external finishes is proposed, in order to provide a variety in built form and types. The proposed new product will be of a very high standard and will result in a quality development for the area. Setbacks Under the Scheme, „zero‟ setbacks to the road reserve are possible. However, the draft LPP – „Rocklea Development‟ provides that for along Rocklea Road and Ashburton Avenue, multi storey development shall be „stepped‟ from single storey to multiple levels for a distance of not less than 10m from the 4m front setback. RTIO has indicated that it anticipates proposed development for the site being 2 storeys in height. The draft Concept Plan depicts a setback to Rocklea Road of at least 14m from Ashburton Drive, which far exceeds the requirements of the Scheme. The draft Local Planning Policy – „Rocklea Development‟ also requires the 4m setback area to be landscaped and not used for car parking. The draft Concept Plan depicts landscaping and access only within these areas. Building Height The Scheme does not imply any building height limits. The draft LPP – „Rocklea Development‟ provides a maximum height of two storeys. Open Space The draft LPP – „Rocklea Development‟ states that communal and private open space shall achieve an appropriate standard of amenity for each dwelling unit. Public or communal open space should:

be substantially fronted by dwellings, where appropriate;

provide overlook for as many dwellings, as practicable;

be designed to protect any natural features on the site; and

be accessible and useable. The draft Concept Plan provides extensive areas of open space between new and existing buildings. There is a mix of different open space types proposed, consisting of communal open space; landscaped pedestrian corridors; street setback; and rejuvenation of existing open space areas. The draft Concept Plan also acknowledges existing vegetation on site and specifies an intention for it to be retained. The open space areas will be highly accessible from accommodation and central facilities and be linked by a pedestrian path network. Balcony/terrace areas are also provided for the private use of each room, to complement the communal open spaces and provide a private retreat area. The plot ratio provided for under the draft


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Concept Plan is approximately 0.5, which is well below the maximum of 0.6 allowable under the Residential Design Codes. Car Parking The draft LPP – „Rocklea Development‟ states the visual impact of hard areas should be reduced by providing landscaping; various surface treatments; and separation of car parking structures. Car parking areas are proposed to be distributed throughout the site into 5 separate areas in order to limit the visual impact from the street. The majority of car parking areas have been designed to accommodate vehicles entering and exiting a bay in a forward gear to ensure that vehicle reversing signals are not used, and therefore minimise disruption to adjacent accommodation blocks. The draft Concept Plan provides reasonable setback distances from the street for car parking areas, with landscaping provided between the car parking areas and street to screen and shade vehicles and occupants. Landscaping The draft LPP – „Rocklea Development‟ requires landscaping to:

protect any predominant landscape features of the site;

take into account the soil type and drainage patterns of the site;

allow for intended vegetation growth and structural protection of buildings; and

provide a safe, attractive and functional environment for residents. The draft Concept Plan addresses the overall landscaping and open space requirements for the site to accommodate the above requirements as part of detailed design and landscaping plans. Conclusions The draft Concept Plan has been voluntarily produced by RTIO (through their planning consultant) in consultation with the Shire. The result is a Concept Plan that generally meets, and in some cases exceeds, the Scheme requirements for building heights, building setbacks and landscaping provision. The Concept Plan further provides a guide for Council in exercising its discretion to determine the required parking for the site. It is recommended that the draft Concept Plan be advertised as a Local Planning Policy in accordance with the Planning Scheme and referred back to Council for consideration. Consultation Chief Executive Officer Clause 2.3.1 of the Shire of Ashburton Local Planning Scheme No.7 requires that draft Local Planning Policies be advertised for community consultation for a minimum of 21 days. Statutory Environment Planning and Development Act 2005 Council of Ashburton Town Planning Scheme No. 7


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Policy Implications None anticipated Financial Implications None anticipated Council can recoup the cost of pursuing the LPP – „Rocklea Development‟ from RTIO. Strategic Implications None anticipated Voting Requirement Simple Majority Required

Council Decision MOVED: Cr Thomas SECONDED: Cr Wright That Council:

1. Not adopt draft „Local Planning Policy - “Rocklea Palms, Paraburdoo Concept Plan” as a Local Planning Policy until RTIO, the Department of State Development, Department Regional Development and Lands have meet with the Shire in order to develop a Paraburdoo Townsite Strategy in accordance with the Resolution of Council Item 15.10.20 of 20 October, 2010 to guide future decision making in relation to the town.

2. Request the Chief Executive Officer to advise RTIO, the Department of State Development, Department Regional Development and Lands and report the responses back to Council.

Reason for modification to the Officer Recommendation is that although a draft Local Planning Policy as addressed in the Report may have merit, the strategic planning for Paraburdoo as an outcome a Paraburdoo Townsite Strategy is an imperative for the town.

CARRIED 4/0

Cr‟s Rumble, White and Dias entered the meeting at 5.26 pm. Frank Ludovico entered the meeting at 5.26 pm.


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13.07.56 DEVELOPMENT SERVICES DECISION STATUS REPORT

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1 06/11 13.06.35 Preparation of Draft Development Plan for Lots 41-56 Gregory Way, Paraburdoo

That Council: 1. Resolve that pursuant to Clause 6.4 of the Shire of Ashburton Local Planning

Scheme No. 7 („Scheme‟), a Development Plan is required for lots 41-56 Gregory Way, Paraburdoo.

2. Adopts draft Development Plan – Gregory Way, Paraburdoo as prepared by TBB town planning consultants (for RTIO) for the purpose of advertising in accordance with subclauses 5.7.3 and 5.7.4 of the Scheme.

3. Subject to no adverse comments being received during the advertising period, Council adopt „Development Plan – Gregory Way, Paraburdoo‟ in accordance with provisions of the Scheme and request the Western Australian Planning Commission to endorse the development plan as the basis for approval of subdivision applications within the areas covered by the plan.

4. Should any adverse comments be received during advertising of draft Development Plan – Gregory Way, Paraburdoo, the Chief Executive Officer be requested to prepare a further report on the matter

Draft report being finalised for advertising. Once received, draft Development Plan will be advertised for 21 days.

2 06/11 13.06.36 Draft Ashburton North Strategic Industrial Area Structure Plan and Draft Amendment No. 10 to Planning Scheme No. 7 for Advertising

That Council: DRAFT ASHBURTON NORTH STRATEGIC INDUSTRIAL AREA STRUCTURE PLAN 1. Subject to modifications being undertaken generally in accordance with

Schedule 1 attached to the Shire Report (ATTACHMENT 13.06.36E), adopts draft Ashburton North Strategic Industrial Area Structure Plan for the purpose of advertising in accordance with sub clauses 5.7.3 and 5.7.4 of the Shire of Ashburton Local Planning Scheme No.7 ('Scheme'). Advertising will be for a minimum period of 60 days and reflect the advertising requirements as outlined in the 'Consultation' section of the Shire Report.

2. Request Chevron Australia Pty Ltd to undertake the modifications as included in Schedule 1 attached to the Shire Report (ATTACHMENT 13.06.36E) and any other modifications identified by the Chief Executive Officer as being appropriate. Advertising will not commence until the modifications are provided to the Shire and are to the satisfaction of the Chief Executive Officer.

3. Advise Chevron Australia Pty Ltd and the Department of State Development (DSD) that advertising as referred to in 1. above will only commence when Chevron Australia Pty Ltd and DSD has respectively provided to the

Draft Scheme Amendment No. 10 and draft Structure Plan reports being finalised for advertising. Once received, draft Development Plan will be advertised


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satisfaction of the Chief Executive Officer: a) a clear definition of their intended 'engagement' with the Onslow

community and which coincides with the adverting requirements as set out in 1. above;

b) a written commitment supporting and underwriting the provision of social and hard infrastructure as indentified in ATTACHMENT 13.06.36D or as negotiated on behalf of Council as provided for in Part 9 of this Resolution to the Shire Report; and

c) payment of all fees including the cost of advertising (from Chevron Australia Pty Ltd).

4. Advise Chevron and DSD that it should not be construed that further changes won‟t be required as an outcome of advertising draft Ashburton North Strategic Industrial Area Structure Plan and submissions received.

DRAFT LOCAL PLANNING SCHEME AMENDMENT NO. 10 5. In pursuance of Part V of the Planning and Development Act 2005 ("Act"),

adopt for community consultation purposes draft Amendment No. 10 ("draft Amendment") to Shire of Ashburton Local Planning Scheme No.7 ("Scheme") that proposes: a. Rezoning portion of Part Lot 152 and Part Lot 153 Onslow Road,

Unallocated Crown Land Lot 238 and portion of Part Unallocated Crown Land Lots 301 and 302 from „Rural‟ zone and „Conservation, Recreation and Natural Landscapes‟ reserve to „Strategic Industry‟ zone and „Other Purposes – Infrastructure‟ reserve.

b. Rezoning Part Lot 152 Onslow Road from „Rural‟ zone to „Special Use – Transient Workforce Accommodation‟ zone.

c. Inserting into Schedule 2 the following:

No. Description of Land

Special Use

Conditions

2. Portion of Ashburton Location 153, Onslow Road

Transient Workforce Accommodation

1. Land use and development shall generally be in accordance with a Structure Plan and Development Plan approved by the local government and the Western Australian Planning Commission which addresses those

for 60 days.


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matters defined in Clause 7.9 and Appendix 11 as it relates to the Ashburton North Strategic Industrial Area and specifically, provides details on the layout, staging, operational period of the use, accommodation of operational workforce, transport, access, landscaping, management and environmental issues associated with the development and the use of the land.

2. All transient workforce accommodation shall be considered a „D‟ use under the Scheme.

3. Transient workforce accommodation shall only be used for accommodation of a workforce directly involved in the construction or maintenance of those uses and developments approved in writing by the local government.

4. Transient workforce accommodation for operational purposes of any use or development is prohibited.

5. The local government may require the preparation of a legal agreement in relation to the use and operation of the transient workforce accommodation and to ensure that only those persons involved in the construction or maintenance of those uses and developments approved in writing by the local government.

6. That as the draft Amendment is in the opinion of the Council consistent with

Part V of the Act and regulations made pursuant to the Act, that Amendment No. 10 be advertised for community consultation purposes for a period of 60 days, in accordance with the Town Planning Regulations 1967. The advertising is to reflect the requirements as outlined in the 'Consultation'


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section of the Shire Report. 7. The commencement of the advertising as referred to in 6. above is subject to

the following being undertaken: a) modifications being undertaken by Chevron Australia Pty Ltd in

accordance with Schedule 1 attached to the Shire Report (ATTACHMENT 13.06.36E) or as negotiated on behalf of Council as provided for in Part 9 of this Resolution all to the satisfaction of the Chief Executive Officer;

b) payment of all fees including the cost of advertising (from Chevron Australia Pty Ltd); and

c) when Chevron Australia Pty Ltd and DSD have respectively provided the Chief Executive Officer with a: i) clear definition of their 'engagement' with the Onslow community so

that it coincides with the adverting requirements as set out in 1. and 6. above; and

ii) written commitment supporting and underwriting the provision of social and hard infrastructure as indentified in ATTACHMENT 13.06.36D or as negotiated on behalf of Council as provided for in Part 9 of this Resolution to the Shire Report; and

8. Advise Chevron and DSD that it should not be construed that further changes won‟t required as an outcome of advertising draft Amendment No.1 0 and submissions received.

REPRESENTATION IN NEGOTIATING SOCIAL AND HARD INFRASTRUCTURE NEEDS FOR ONSLOW 9. Request Councillors Musgrave, White and Corker to represent the interests of

Council with respect to negotiating with Chevron Australia Pty Ltd and the State Government and the provision of social and hard infrastructure needs for Onslow.

10. Request Councillors Musgrave, White and Corker to report back to Council either before or during advertising of 1and 6 above.

11. Request the Chief Executive Officer to provide a further Report to Council after advertising as referred to in 1 and 6 above in relation to finalising draft Amendment No. 10 and the draft ANSIA Structure Plan.

3 06/11 13.06.37 Draft Planning Scheme Amendment No.11 to

That Council : 1. In pursuance of Part V of the Planning and Development Act 2005 ("Act"),

Draft Scheme


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Rezone Onslow Strategic Industrial Zone to Rural, Delete Onslow Strategic Industrial Buffer Area For Advertising

adopt for community consultation purposes draft Amendment No. 11 ("draft Amendment") to Shire of Ashburton Local Planning Scheme No.7 ("Scheme") that proposes: a. Rezone Part Location 303, Onslow Road, Onslow from „Strategic Industrial

zone to „Rural‟ zone. b. Modify the Scheme Maps accordingly. c. Modify Clause 7.1 of the Scheme to delete reference to „Onslow Strategic

Industrial Buffer‟ and for Clause 7.1 to read as follows: “7.1 Operation of Special Control Areas 7.1.1 The following special control areas are shown on the Scheme map: (a) Tidal Inundation Areas (b) Onslow Coastal Hazard Area (c) Onslow Airport Height Restrictions Area (d) Cane River Water Reserve Area (e) Turee Creek, Mt Lionel and Mt Stevenson Borefields (f) Wittenoom (g) Ashburton North Strategic Industrial Area”

d. Modify the Scheme Legend to delete “Onslow Strategic Industrial Buffer – Special Control Area” as set out in the Amendment Legend.

e. Modify the Scheme Maps to delete “Onslow Strategic Industrial Buffer – Special Control Area”.

2. That as the draft Amendment is in the opinion of the Council consistent with Part V of the Act and regulations made pursuant to the Act, that Amendment No. 11 be advertised for community consultation purposes for a period of 60 days, in accordance with the Town Planning Regulations 1967. The advertising is to be coordinated with the advertising of draft Scheme Amendment No. 10 as considered by Council in Item 13.06.36 of this Agenda.

Amendment No. 11 report being finalised for advertising. Once received, draft Development Plan will be advertised for 60 days (in association with Amendment No. 10)

4 06/11 13.06.38 Amendment No. 14 and Draft Local Planning Policy for Advertising

Support from Councillors Corker, Dias, Rumble and Thomas. That Council Rescind Resolution associated with Agenda Item 13.05.31 Ordinary Meeting of Council 18 May 2011.

No further action required

5 06/11 13.06.39 Draft Local Planning Scheme Amendment No. 14 and Draft Local Planning Policy for Advertising

That Council: 1. In pursuance of Part V of the Planning and Development Act 2005 ("Act"),

adopt for community consultation purposes draft Amendment No. 14 ("draft Amendment") to Shire of Ashburton Town Planning Scheme No. 7 ("Scheme") that proposes:

Draft Scheme Amendment No. 14 reports


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1. Modifying Clause 6.10 of the Scheme by inserting the following clause: “6.10.4 Transient workforce accommodation may be considered by

the Local Government only where the following requirements are met and where the Applicant can demonstrate all of the following:

a) the proposed transient workforce accommodation development is of a very high quality for the benefit of occupiers, as well as the community;

b) the proposed development represents a motel or resort style development, with significant landscaping, recreation areas/facilities, quality design, quality infrastructure and materials;

c) a limitation on the overall proportion (%) of transient workforce accommodation within a development and where accommodation for tourists and the like is made available;

d) connection to reticulated sewer, water, and power is available; and

e) where the development is of a permanent nature and where dongers and transportable buildings or structures of any description are not proposed.

6.10.5 Where in the opinion of the Local Government any of the provisions of Clause

6.10.4 are not met, transient workforce accommodation is prohibited.” 2. Amending the zoning table as follows: Identifying „Transient Workforce Accommodation as an 'A' use class in

the „Commercial and Civic‟ zone.

2. That as the draft Amendment is in the opinion of the Council consistent with Part V of the Act and regulations made pursuant to the Act, that Amendment No. 14 be advertised for a period of 42 days, in accordance with the Town Planning Regulations 1967.

3. Council adopts draft Local Planning Policy - Assessment of Applications under Clause 6.10.4 and 6.10.5 of the Shire of Ashburton Local Planning Scheme No. 7 as a draft Local Planning Policy under the provisions of clause. 2.3 of Town Planning Scheme No. 7 and it be advertised in

being finalised for advertising. Once received, draft Development Plan will be advertised for 42 days.


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accordance with clause 2.31 of the Scheme concurrently with the advertising of draft Amendment No. 14.

4. That following advertising of the draft Amendment No. 14 and draft Local Planning Policy - Assessment of Applications under Clause 6.10.4 and 6.10.5 of the Shire of Ashburton Local Planning Scheme No. 7, the matters be referred back to Council for consideration.

6 06/11 13.06.40 Planning Application Proposed Residential Building at Lot 21 Willow Road (Corner East Road), Tom Price

That Council: 1. Approve Planning Application made by the Shire of Ashburton to develop and

use the existing dwelling Lot 27 Willow Road (corner East Road), Tom Price for the purposes of a residential building subject to the following conditions: a. The development shall comply with the Shire of Ashburton‟s Local

Planning Scheme No. 7, the Health Act, the Building Code of Australia, the West Australian Fire Board Regulations and any other relevant Acts, Regulations and Local Laws.

b. Prior to the issue of a building licence, plans shall be submitted showing the following: i) The verandah setback to the western boundary shall be set back

1.5m from the adjoining boundary. Details to be submitted with the building licence application.

c. The Use hereby approved shall comply with definition of „Residential Building‟ of the Shire of Ashburton Town Planning Scheme No. 7 as follows:

“…a building or portion of a building, together with rooms and outbuildings separate from such building but ancillary thereto; such building being used or intended, adapted or designed to be used for the purpose of human habitation: a) temporarily by two or more persons, or b) permanently by seven or more persons, who do not comprise a single family; but does not include a hospital, nursing home, prison, juvenile detention centre, school, residential school, hotel, motel or holiday accommodation.”

d. All car parking generated by the use shall occur within the boundaries of the property.

e. Prior to occupation of the residential building, smoke alarms along with emergency response plans (i.e. fire escape route maps, evacuation contingency, etc) are required and are to be clearly displayed in a conspicuous location within the dwelling.

f. Prior to the issue of a building licence, the Applicant shall submit a

Planning Approval issued. No further action required


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landscape plan and a landscape assessment to the satisfaction of the Shire of Ashburton. The Plan should indicate the location and:

species of all trees to be removed and / or retained;

type of fencing to be installed;

of reticulation to be installed; and

type of paving to be installed. The Plan should also include a plant schedule nominating each species, the spacings of each species, the numbers of plants required; and the size of each plant to be used at the time of planting, together with the anticipated height of each plant at maturity. The Plan should identify and include any adjoining road verges.

g. Landscaping and reticulation to be established in accordance with the approved plan(s) prior to occupation of the use and thereafter maintained to the satisfaction of the Shire of Ashburton.

Note: Council has determined this application. Rights of appeal are also available to you under the Planning and Development Act 1928 (as amended) against the decision of Council, including any conditions associated with this decision. Any such appeal must be lodged within 28 days of the date of this decision to the State Administrative Tribunal (telephone 9219 3111 or 1300 306 017).

7 06/11 13.06.41 Revised Local Planning Policy Design Guidelines for the Tom Price Town Centre for Adoption

That Council: 1. Adopt “Local Planning Policy - Design Guidelines for the Tom Price Town

Centre” as amended (ATTACHMENT 13.06.41A) as a Local Planning Policy under the provisions of the Shire of Ashburton Local Planning Scheme No.7 („Scheme‟).

2. Give public notice of Council‟s decision as is required by the Scheme 3. Advise the author of the submission of Council‟s decision.

Notification of final LPP to be included in Pilbara News (one edition). No further action required

8 05/11 16.05.09 Confidential Item – Shire‟s Nameless Valley Workforce Accommodation Camp

That Council: 1. Note the contents of this Report. 2. Notes that the Chief Executive Officer will lodge an application to the Shire for

planning approval to use and develop Lot 26 (gravel reserve) Nameless Valley Road, Tom Price for up to 80 transient workforce accommodation

Chief Executive Officer to lodge an application


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units. 3. Requests the Chief Executive Officer to prepare a report under the normal

planning process in relation to 2. above and for the report/application to be referred to Council for determination.

4. Advise RTIO that subject to a planning approval being issued in relation to 2. and 3. above that Council would be prepared to accept its request for use of the accommodation units as outlined in its correspondence of 26 March 2011.

5. Charge a rate of $115.50 per day, per room for the Shire‟s Nameless Valley Workforce Accommodation Camp (subject to market variation). An occupant register (notating the company not the individual) is to be maintained.

for planning approval for up to 80 transient workforce accommodation units. No further action required until a Planning Application is lodged. (June 2011)

9 04/11 13.04.19 Native Title Determination Application – LY & Ors v State of Western Australia

That Council resolve to become a party to Native title Determination Application LY and Ors v State of Western Australia (Federal Court Application No – WAD 340/2010).

Ongoing Application sent 4 May 2011. (May 2011)

10 04/11 13.04.20 Draft Town Planning Scheme Amendment No. 13 and Associated Draft Local Planning Policy for Advertising

That Council in Pursuance of Part V of the Planning and Development Act 2005 ("Act"), adopt for community consultation purposes draft Amendment No. 13 ("draft Amendment") to the Shire of Ashburton Town Planning Scheme No. 7 ("Scheme") which proposes: 1. Modifying the existing Residential Planning Code equivalent for land zoned

„Residential‟ under the Scheme of „R12.5‟ for land in Second Avenue, Third Avenue and Hedditch Street, Onslow from R12.5 to „R20‟ as set out in the Amendment Map.

2. Modifying Clause 6.6 of the Scheme by inserting the following clause: “6.6.3 Notwithstanding any other provision of the Scheme, on land in

Onslow zoned Residential R20 and where reticulated sewerage and reticulated water is available to a lot and where the Applicant has addressed to the requirements of the local government, matters associated with the floodway and development within it: (a) the local government may consent to the development for the

purposes of the erection of not more than two grouped dwellings on a vacant lot comprising not less than 875m², with

Ongoing Scheme Amendment documents prepared and forwarded to the EPA for assessment. Once a favourable EPA response has now been received the matter will


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a minimum site area of 435m² per grouped dwelling subject to formal advertising pursuant to Clause 5.7;

(b) the local government may for the purposes of urban consolidation, only consent to the development of a vacant lot for the purposes of grouped dwellings at a maximum density of R30 on a lot greater than 1,500m² subject to formal advertising pursuant to Clause 5.7; and

(c) in determining any application lodged pursuant to Sub-Clauses (a) & (b) above the local government shall consider, in addition to those matters listed in Clause 5.9 the likely impacts of the proposed development on the identifiable area provision under Part 7, any relevant Local Planning Policy and amenity of the immediate locality in which the proposed development is to be situated.”

3. That as the draft Amendment is in the opinion of the Council consistent with Part V of the Act and Regulations made pursuant to the Act, that upon preparation of the necessary documentation, the draft Amendment be referred back to the Environmental Protection Authority (EPA) as required by Part V of the Act and on receipt of a response from the EPA indicating that the draft Amendment is not subject to formal environmental assessment, be advertised for a period of 42 days, in accordance with the Town Planning Regulations 1967.

4. That Council adopts draft Local Planning Policy – Assessment of Applications under Clause 6.6.3 of the Shire of Ashburton Local Planning Scheme No. 7, (modified to refer to Water Corp‟s advice in the report), a draft Local Planning Policy under the provisions of clause 2.3 of Town Planning Scheme No. 7 and it be advertised in accordance with clause 2.31 of the Scheme concurrently with the advertising of draft Amendment No. 13 to the scheme.

5. Following advertising of the draft Amendment No. 13 and draft Local Planning Policy - Assessment of Applications under Clause 6.6.3 of the Shire of Ashburton Local Planning Scheme No. 7, the matters be referred back to Council for consideration.

be advertised for 42 days and then referred back to Council for final consideration. (July 2011)

11 04/11 15.04.02 Chevron Australia‟s Final Environmental Impact Statement on the Environmental Review and

That Council: 1. Note the contents of this Report. 2. Request the Chief Executive Officer:

i) To write to Chevron Australia seeking a clear and unequivocal

Ongoing Correspondence sent to Chevron


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Management Programme for Wheatstone

statement in relation to the following matters:

Whether Chevron Australia is committed to the social and infrastructure development of Onslow?

Whether Chevron Australia agrees and will commit to having the location of the entire Wheatstone operational workforce in Onslow?

Clarification of the following statement on page 241 of Chevron Australia‟s “Final EIS/Response to Submissions on the ERMP for Wheatstone” - “Chevron is assessing the feasibility of locating a portion of its operational workforce as residents within Onslow with the remaining staff being fly- in-fly-out (FIFO). At present the lack of essential infrastructure at Onslow means it is not feasible to locate the operational workforce in Onslow, and Chevron cannot make a final decision on the location of its operational workforce until there is more information about the future availability of essential infrastructure” and whether Chevron in this statement, is suggesting that the FIFO component of the operational workforce is to be accommodated outside of Onslow (perhaps in the ANSIA)?

Whether Chevron Australia will modify its “Final EIS/Response to Submissions on the ERMP for Wheatstone” to reflect (for example) the following statement in the draft ANSIA Structure Plan: “As discussed within the Structure Plan report, whilst those workers involved in the construction of development within the ANSIA will be housed within Transient Workers Accommodation (TWA), operational staff will be housed in Onslow”. (page 31)

ii) To write to the EPA advising that Chevron Australia‟s “Final EIS/Response to Submissions on the ERMP for Wheatstone” does not accurately reflect Chevron Australia‟s stated position to Council on accommodating the Wheatstone operational workforce in Onslow.

and EPA. Council will be informed of Chevron‟s reply (July 2011)

12 03/11 13.03.13 Draft Local Planning Scheme Amendment No. 7 and Draft Local Planning Polity for Advertising

That Council: 1. In pursuance of Part V of the Planning and Development Act 2005 ("Act"),

adopt for community consultation purposes draft Amendment No. 12 ("draft Amendment") to Shire of Ashburton Town Planning Scheme No. 7 ("Scheme") by:

“1. Rezoning Lot 604 Rocklea Road Paraburdoo from „Public Purposes – Community‟ reserve to „Residential‟ zone with a Residential Planning

Ongoing Amendment advertised and a further Report has been prepared for


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Code equivalent of „R 50‟ as set out in the Amendment Map. 2. Rezoning part Lot 603 Rocklea Road Paraburdoo and Lot 606 You Yi

Lane Paraburdoo from „Community‟ zone to „Residential‟ zone with a Residential Planning Code equivalent of „R 50‟ as set out in the Amendment Map.

3. Modifying the existing Residential zone Residential Planning Code for

part Lot 603 Rocklea Road Paraburdoo to R50‟ as set out in the Amendment Map.”

2. Adopts draft „Local Planning Policy – Development of Lots 603 and 604, 606 and Part Lot 61 Rocklea Road, Paraburdoo‟ as a draft Local Planning Policy under the provisions of clause 2.3 of the Shire of Ashburton Local Planning Scheme No. 7 and it be advertised in accordance with clause 2.3.1 of the Scheme concurrently with the advertising of draft Amendment No. 7.

3. That following advertising of the draft Amendment No. 7 and draft „Local Planning Policy – Development of Lots 603 and 604, 606 and Part Lot 61 Rocklea Road, Paraburdoo‟, the matters be referred back to Council for consideration.

the July meeting of Council. (July 2011).

13 03/11 13.03.14 Draft Local Planning Scheme Amendment No. 12 (consideration for adoption for final approval) and adoption of draft Local Planning Policy.

That Council: 1. Pursuant to Part V of the Planning and Development Act 2005 ("Act"), and

having considered the submissions lodged during the advertising period: – i) Adopt for final approval, draft Amendment No. 12 (“Amendment") to the

Shire of Ashburton Local Planning Scheme No. 7 ("Scheme"), which proposes to modify Clause 6.6 of the Scheme by inserting the following clauses:

“6.6.2 Notwithstanding any other provision of the Scheme, where

reticulated sewerage and water is available to a lot in Tom Price and Paraburdoo: (a) the local government may consent to the development for the

purposes of the erection of not more than two grouped dwellings on a lot comprising not less than 874m², with a minimum site area of 437m² per grouped dwelling, within any area coded R20 or greater on the Scheme Map, subject to formal advertising pursuant to Clause 5.7;

Ongoing Scheme Amendment forwarded to the WAPC and Minister for Planning for final approval. (July 2011)


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(b) subject to Sub-Clauses (d), the local government may for the purposes of urban consolidation, only consent to the development of a lot for the purposes of grouped dwellings at a maximum density of R30 on a lot greater than 1,500m² within any area coded R20 on the Scheme Map, subject to formal advertising pursuant to Clause 5.7;

(c) subject to Sub-Clause (d), the local government may for the purposes of urban consolidation, only consent to the development of a lot for the purposes of grouped dwellings at a maximum density of R40 on a lot greater than 1,500m² within any area coded R30 on the Scheme Map, subject to formal advertising pursuant to Clause 5.7; and

(d) in determining any application lodged pursuant to Sub-Clauses (a), (b) & (c) above, the local government shall consider in addition to those matters listed in Clause 5.9 the likely impacts of the proposed development on the identifiable area provision under Part 7, any relevant Local Planning Policy and amenity of the immediate locality in which the proposed development is to be situated.”

ii) Endorse the Schedule of Submissions prepared in response to the community consultation undertaken in relation to Amendment No. 12.

iii) Refer Amendment No. 12 to the Shire of Ashburton Local Planning Scheme No. 7, so adopted for final approval to the Western Australian Planning Commission with a request for the approval of the Hon. Minister for Planning.

iv) That, where notification is received from the Western Australian Planning Commission that a modification of the Amendment is required prior to approval of the Amendment by the Minister, this modification is to be undertaken in accordance with the requirements of the Town Planning Regulations 1967, unless the modification affects the intent of the Amendment, in which case it shall be referred to the Council for consideration.

2. That with respect to draft „Local Planning Policy - Assessment of Applications under Clause 6.6.2 of the Shire of Ashburton Local Planning Scheme No. 7‟, Council: i) note the submission received during adverting and adopts draft „Local

Planning Policy - Assessment of Applications under Clause 6.6.2 of the Shire of Ashburton Local Planning Scheme No. 7‟;


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ii) modify draft „Local Planning Policy - Assessment of Applications under Clause 6.6.2 of the Shire of Ashburton Local Planning Scheme No. 7 as discussed in this Report and as included in Attachment 3 to the Report; and

iii) adopt draft „Local Planning Policy - Assessment of Applications under Clause 6.6.2 of the Shire of Ashburton Local Planning Scheme No. 7 as a Local Planning Policy under the provisions of clause. 2.3 of Shire of Ashburton Local Planning Scheme No. 7.

3. The Chief Executive Officer be requested to advertise draft „Local Planning Policy - Assessment of Applications under Clause 6.6.2 of the Shire of Ashburton Local Planning Scheme No. 7 after the Minister for Planning favourably determines draft Amendment No. 12.

14 03/11 13.03.15 Implementation of Draft Onslow Aerodrome Master Plan as follows: Initiation of draft Local

Planning Scheme Amendments No‟s 15 and No 16 – to rezone certain portions of Lot 16 on deposited plan 161140, Onslow Road, Onslow (Onslow Airport) from public purposes „Airport‟ reserve to „mixed business‟ zone.

Preparation of a Draft Develo9pment Plan.

Proposed subdivision application to the WAPC

Draft Amendment No. 15 1. That Council, in pursuance of Part V of the Planning and Development Act

2005 ("Act"), adopt for community consultation purposes draft Amendment No. 15 ("draft Amendment No. 15") to Shire of Ashburton Town Planning Scheme No. 7 ("Scheme") that proposes: 1. To rezone Lot 16 on Deposited Plan 161140, Onslow Road, Onslow

(portion of Onslow airport) from „Public Purposes – Airport‟ reserve to „Mixed Business‟ zone as set out in the Amendment Map.

2. Modifying the zoning table as follows: Identifying „Aerodrome‟ as a 'D' use class in the „Mixed Business‟ zone.

3. That, as the draft Amendment No. 15 is in the opinion of Council consistent with Part V and Schedule 1 of the Act, regulations made pursuant to the Act and relevant state planning policy prepared under Part III of the Act, that upon preparation of the necessary documentation, the draft Amendment No. 15 be referred to the Environmental Protection Authority (EPA) as required by Part V of the Act, and on receipt of a response from the EPA indicating that the draft Amendment is not subject to formal environmental assessment, be referred back to Council to consider whether the Amendment will further pursued.

4. That following response from the EPA in accordance with part 3. above, the matter be referred back to Council for further consideration

Draft Amendment No. 16 2. That Council, in pursuance of Part V of the Planning and Development Act

2005 ("Act"), adopt for community consultation purposes draft Amendment No.

Ongoing Amendment documents currently being prepared and when the environmental and design information is available, the Amendments will be forwarded to the EPA as per Council decision. (July 2011).


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15 ("draft Amendment No. 16") to Shire of Ashburton Town Planning Scheme No. 7 ("Scheme") that proposes: 1. To rezone Lot 16 on Deposited Plan 161140, Onslow Road, Onslow

(portion of Onslow airport) from „Public Purposes – Airport‟ reserve to „Mixed Business‟ zone as set out in the Amendment Map.

2. That, as the draft Amendment No. 16 is in the opinion of Council consistent with Part V and Schedule 1 of the Act, regulations made pursuant to the Act and relevant state planning policy prepared under Part III of the Act, that upon preparation of the necessary documentation, the draft Amendment No. 16 be referred to the Environmental Protection Authority (EPA) as required by Part V of the Act, and on receipt of a response from the EPA indicating that the draft Amendment is not subject to formal environmental assessment, be referred back to Council to consider whether the Amendment will further pursued.

3. That following response from the EPA in accordance with part 2. above, the matter be referred back to Council for further consideration.

Draft Development Plan 3. That Council request the Chief Executive Officer to make appropriate

arrangements to prepare a draft „development plan‟ based on draft Onslow Aerodrome Master Plan and the attachments referred to in this Report and for the draft „development plan‟ to be referred to the EPA for environmental assessment in association with draft Scheme Amendment No. 15 and draft Scheme Amendment No. 16.

Subdivision Application 4. That Council delegate Chief Executive Officer authority to prepare and lodge

an application for subdivision approval from the WAPC based on the concept of Precinct 1 as defined draft Onslow Aerodrome Master Plan at a time of his choosing.

15 03/11 15.03.01 Proposed closure and transfer of portion of un-named road reserve to Lot 2 Stadium Road, Tom Price and „cancellation‟ of portion of un-named Mall Reserve, Tom Price.

1. That Council: a) Close 100m

2 portion of unnamed road reserve for transferral to Lot 2

Stadium Road Tom Price in compliance with Section 58 of the Land Administration Act 1997, in accordance with ATTACHMENT

b) Advertise the closure and transfer referred to in 1a) above in a locally circulating newspaper for a minimum period of 35 days inviting the public to comment, pursuant to Section 58 of the Land Administration Act 1997.

c) Require that should any objection be received in response to the statutory advertising of the proposed closure or the property transferral, that it be referred back to the Council for consideration.

Ongoing Advertising undertaken as resolved by Council. A further report to Council is not required as no


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d) Note that providing no objections are received from the public in relation to the proposed road closure and transferral, request the Chief Executive Officer to submit to the Minister for Lands a request to close the portion of un-named road reserve for transferral to Lot 2 Stadium Road Tom Price in accordance with ATTACHMENT 15.03.01.

2. That Council: a) Cancel the 426m

2 portion of unnamed mall reserve in compliance with

Section 62 of the Land Administration Act 1997, in accordance with ATTACHMENT 15.03.01.

b) Request the Chief Executive Officer to advertise the cancellation referred to in 2a) above in a locally circulating newspaper for a minimum period of 35 days inviting the public to comment, pursuant to Section 62 of the Land Administration Act 1997.

c) Pursuant to Section 59(2) of the Land Administration Act 1997, request the Chief Executive Officer to send copies of the advertisement referred to in 2a) above to the holders of the freehold in, and occupiers of, land adjoining the land in question, to suppliers of public utility services on the land in question and to the Planning Commission, and specify in that advertisement a period of not less than 35 days from the day of that advertisement during which submissions relating to the request may be lodged with the Shire.

d) Require that should any objection be received in response to the statutory advertising of the proposed cancellation that it is referred back to the Council for consideration.

e) Note that providing no objections are received from the public to the cancel the 426m

2 portion of unnamed mall reserve, request the Chief

Executive Officer to submit to the Minister for Lands a request to cancel the 426m

2 portion of unnamed mall reserve in accordance with

ATTACHMENT 15.03.01.

submissions were received. Correspondence seeking closure of Road Reserve and cancelation of the Mall Reserve sent to the Minister for Lands (July 2011).

16 02/11 13.02.04 Revised Local Planning Policy – Transient Workforce Accommodation

That Council: 1. Adopt modifications to “Local Planning Policy - Transient Workforce

Accommodation” (LPP13) and advertise in accordance with clause 2.31 of the scheme.

2. Directs that upon completion of the advertising period referred to in 1 above, the matter to be referred back to Council for further consideration.

Ongoing Advertising undertaken as resolved by Council. A further report to


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Council is anticipated once Amendment No. 13 of supported or otherwise meeting. (July 2011)

17 06/10 13.06.31 Draft Town Planning Scheme Amendment No. 8 –Modifications To Strategic Industrial Zone To Prohibit Transient Workforce Accommodation.

1. That the Council, in pursuance of Part V of the Planning and Development Act 2005, adopt draft Amendment No. 8 ("draft Amendment") to Shire of Ashburton Town Planning Scheme No. 7 ("Scheme") for final approval for the purposes of modifying the zoning table of the Scheme to read as follows:

(a) Identifying Transient Workforce Accommodation as an X use class in the Strategic Industry zone.

2. That Council endorse the schedule of submissions prepared in response to the community consultation undertaken in relation to the draft Amendment.

3. That the Council refer the draft Amendment so adopted for final approval, to the Western Australian Planning Commission with a request for the approval of the Hon. Minister for Planning.

That, where notification is received from the Western Australian Planning Commission that a modification of the amendment is required prior to approval of the amendment by the Minister, this modification is to be undertaken in accordance with the requirements of the Town Planning Regulations 1967, unless it is considered by the Shire that the modification affects the intent of the amendment in which case it shall be referred to the Council for consideration.

Ongoing Amendment referred to Western Australian Planning Commission. Await Minister‟s decision. (Oct 2010) (July 2011)

18 05/08 13.05.23 Council Policy Review – Aboriginal Environment Health Policy.

Directs the Chief Executive Officer to draft a new Council Policy relating to Aboriginal Environmental Health Strategy and report back to Council

Ongoing Close to finalising AEH-Strategy. To be submitted to Council ASAP. (July2011)


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Council Decision MOVED: Cr Bloem SECONDED: Cr Thomas That Council note the contents of the Development Services Decision Status Report and attached Scheme Amendments Report. ATTACHMENT 13.07.56.

CARRIED 7/0


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14.07.0 WESTERN OPERATIONS REPORTS

14.07.11 WESTERN OPERATIONS DECISION STATUS REPORT

# Council Meeting

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ENGINEERING

1 03/09 15.03.01 Mosquito Management Plan

That Council 1. Formalise a Mosquito Control Program for the Shire of Ashburton. 2. Approve the unbudgeted capital expenditure of $23,000 on Mosquito Control

Program assets.

3/06/2011 – Have spoken with EHO this is ongoing.

COMMUNITY

1 03/11 14.03.05 Inclusion of the “Jims Gym” Building and Land into the Onslow Sport Club Lease

That Council endorse the inclusion of the “Jims Gym” land and building into the Onslow Sports Club Lease and accept the resulting legal and survey fees to facilitate this.

5/5/2011 To be initiated.

2 05/10 16.05.06 Draft Ashburton North Community Investment Strategy

That Council support in principle the draft Ashburton North Community Infrastructure Strategy.

3/06/2011 Councillors involved in negotiations.

3 04/10 14.04.06 Lot 944 First Street, Onslow Reserve 42626

That Council: (a) call for expressions of interest from the Onslow community to establish an arts

and culturally based use for the property 944 First Street, and (b) that Council list the appropriate budget funding for the upkeep and progressive

restoration of the property 944 First Street.

08/05/2011 To be priority in the third quarter of 2011.

4 11/08 14.11.18 Pannawonica Community Plan

That Council advise the Minister for State Development and Robe River Mining Company Pty Ltd, that:

(a) The Shire views with concern the company‟s public release of the Pannawonica Community Plan prior to the Council having an opportunity to formally consider the Shire initiated plan

(b) It does not support the Pannawonica Community plans prepared by the company for the following reasons:

a. The community infrastructure and services components of the plan lack definition, are limited in scope and are largely uncosted

b. The community plan largely consists of elements which are not community infrastructure or services

c. The community plan is based on a workforce which appears to have a greater emphasis on Fly In – Fly Out operators based in Pannawonica

08/05/2011 To be included in renewed relationship with Rio Tinto.


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than when the Mesa A project was submitted to the Minister for State Development for approval pursuant to the State Agreement.

CORPORATE

1 03/05 12.03.120 Robe River Memorandum of Understanding

That Council agrees to the Memorandum of Understanding between the Shire of Ashburton and Robe River containing the following commitments:

1. The Shire of Ashburton leasing:

The Library, Shire Office and Sentinel Chicken Coops;

The Dog Pound;

The Caravan Park and Ablutions Block 2. Robe River renovating the above facilities prior to the commencement of the

leases. 3. The Shire of Ashburton donating the amount of $1,000 annually to each of

the Occasional Child Care Centre and Neighbourhood Centre. 4. The Shire of Ashburton committing to funding the Community Liaison Officer

position for twenty (20) hours per week and to actively pursuing alternative funding sources for an additional twenty (20) hours.

5. The Shire of Ashburton providing two free street sweeps per year with additional sweeps provided on a fee for service basis.

To be priority in the Third quarter of 2011.

DEVELOPMENT

1 12/08 13.12.408 Proposed Transfer of Emergency Services Building

That :- 1. Council agree to transfer the tenure of the Onslow Emergency Service

Building to FESA subject to:- i) FESA to become responsible for the outstanding loan on the facility

and any financial outlay required for the transfer thereof; and ii) A condition being placed on the Management Order over the

premises that they are to be used only to house the local Volunteer Emergency Services including the Marine Rescue Service.

2. The necessary procedures required to affect the transfer be implemented. 3. The present designation of Lot 971 in the Shire‟s Town Planning Scheme

No.7 be amended to reflect the existing land use during the Planning Scheme review for Onslow.

4. The future need of the Onslow Emergency Services Building Management Committee and Instrument of Delegation DA503 be noted and in due course be discontinued.

Ongoing This item to be a priority in the third quarter of 2011.


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Council Decision MOVED: Cr Bloem SECONDED: Cr Rumble That Council note the contents of the Western Operations Decision Status Report.

CARRIED 7/0


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15.07.0 NEW BUSINESS OF AN URGENT NATURE INTRODUCED BY DECISION OF MEETING

Council Decision MOVED: Cr Dias SECONDED: Cr Bloem That Council considers the following late Agenda Items;

- 16.07.16 CONFIDENTIAL ITEM – RECRUITMENT OF EXECUTIVE MANAGER, COMMUNITY DEVELOPMENT

CARRIED 7/0

ABSOLUTE MAJORITY

16.07.0 CONFIDENTIAL REPORTS Under the Local Government Act 1995, Part 5, and Section 5.23, states in part: (2) If a meeting is being held by a Council or by a committee referred to in subsection

(1)(b), the Council or committee may close to members of the public the meeting, or part of the meeting, if the meeting or the part of the meeting deals with any of the following:

(a) a matter affecting an employee or employees; (b) the personal affairs of any person; (c) a contract entered into, or which may be entered into, by the local government and

which relates to a matter to be discussed at the meeting;

(d) legal advice obtained, or which may be obtained, by the local government and which relates to a matter to be discussed at the meeting:

(e) a matter that if disclosed, would reveal:

(I) a trade secret; (II) information that has a commercial value to a person; or (III) information about the business, professional, commercial or financial affairs

of a person,

Where the trade secret or information is held by, or is about, a person other than the local government.

(f) a matter that if disclosed, could be reasonably expected to:


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(I) Impair the effectiveness of any lawful method or procedure for preventing, detecting, investigating or dealing with any contravention or possible contravention of the law;

(II) Endanger the security of the local government‟s property; or (III) Prejudice the maintenance or enforcement of any lawful measure for

protecting public safety;

(g) information which is the subject of a direction given under section 23(1a) of the Parliamentary Commissioner Act 1981; and

(h) such other matters as may be prescribed.

Council Decision MOVED: Cr Thomas SECONDED: Cr Dias That Council close the meeting to the public at 5.35 pm pursuant to sub section 5.23 (2) (a) and (b) of the Local Government Act 1995.

CARRIED 7/0

Frank Ludovico, Geoff Brayford, Amanda O‟Halloran, Heather Patmore, Rob Paull, Janyce Smith and Chloe Shaw left the meeting at 5.33 pm.

16.07.13 CONFIDENTIAL ITEM – WITTENOOM ASBESTOS LITIGATION

FILE REFERENCE: AS.WI.2 AUTHOR‟S NAME AND POSITION:

Keith Pearson Senior Strategic Advisor


David Neacy. Plaintiff in relation to Wittenoom Asbestos Litigation


Not Applicable


Confidential Agenda Item 16.12.14 Ordinary Meeting of Council 15 December 2010 Confidential Agenda Item 16.03.06 Ordinary Meeting of Council 16 March 2011 Confidential Agenda Item 16.06.12 Ordinary Meeting of Council 15 June 2011

Please refer to Confidential Item Attachment under separate cover.


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Council Decision MOVED: Cr Dias SECONDED: Cr Bloem That Council resolve to adopt the amended report in relation to the Supreme Court of Western Australia case, Neacy v CSR Ltd & Ors (CIV 1500/2011), as set out in the body of this agenda report.

CARRIED 6/1

ABSOLUTE MAJORITY Cr White voted against the motion.

16.07.14 CONFIDENTIAL ITEM - SHIRE OF ASHBURTON COLLECTIVE AGREEMENT 2011

FILE REFERENCE: PE.HR.1 AUTHOR‟S NAME AND POSITION:

Felicia Mudge Human Resources Manager


Not Applicable


The author has no financial interest in this matter however shall be a recipient to this agreement


Confidential Agenda item 16.09.16. Ordinary meeting of Council 18 September 2007

Please refer to Confidential Item Attachment under separate cover.


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Council Decision MOVED: Cr Dias SECONDED: Cr Bloem That Council:

1. Endorse the Shire of Ashburton Collective Agreement 2011, as per attachment 16.07.14

2. Authorise the Chief Executive Officer to sign Agreements on behalf of Council;

and

3. Endorse application to Fair Work Australia to register the Shire of Ashburton Collective Agreement.

CARRIED 7/0


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16.07.15 CONFIDENTIAL ITEM - ONSLOW SOCIAL INFRASTRUCTURE NEGOTIATIONS

FILE REFERENCE: PS.TP.7.10 AUTHOR‟S NAME AND POSITION:



Not Applicable


The author has not financial interest in this matter


Shire President discussed outcomes of negotiations and his verbal report was received.

Council Decision MOVED: Cr Thomas SECONDED: Cr White That Council accept the report “Confidential Item – Onslow Social Infrastructure Negotiations” as submitted.

CARRIED 7/0


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16.07.16 CONFIDENTIAL ITEM – RECRUITMENT OF EXECUTIVE MANAGER, COMMUNITY DEVELOPMENT

FILE REFERENCE: JA90 AUTHOR‟S NAME AND POSITION:



Not Applicable


The author has not financial interest in this matter


Council Decision MOVED: Cr Rumble SECONDED: Cr Bloem That Council endorse the recommendation as per the report Agenda Item 16.07.16 Confidential Item – Recruitment of Executive Manager, Community Development.

CARRIED7/0


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13.07.0 DEVELOPMENT SERVICES REPORTS - CONTINUATION

13.07.55 REQUEST TO REVOKE COUNCIL RESOLUTION - AGENDA ITEM 13.06.36 ORDINARY MEETING OF COUNCIL 15 JUNE 2011 - DRAFT ASHBURTON NORTH STRATEGIC INDUSTRIAL AREA STRUCTURE PLAN AND DRAFT AMENDMENT NO. 10 TO PLANNING SCHEME NO.7 FOR ADVERTISING

FILE REFERENCE:

PS.TP.7.10




Shire of Ashburton




Agenda Item 16.06.36 Ordinary Meeting of Council 15 June 2011 Agenda Item 16.03.04 Ordinary Meeting of Council 16 March 2011 Agenda Item 13.02.02 Ordinary Meeting of Council 16 February 2011 Agenda Item 13.12.74 Ordinary Meeting of Council 15 December 2010 Agenda Item 14.12.20 Ordinary Meeting of Council 16 December 2008 Agenda Item 13.03.03 Ordinary Meeting of Council 17 March 2009 Agenda Item 13.10.63 Ordinary Meeting of Council 27 October 2009 Agenda Item 13.12.89 Ordinary Meeting of Council 15 December 2009 Agenda Item 13.07.38 Ordinary Meeting of Council 21 July 2010 Agenda Item 13.10.61 Ordinary Meeting of Council 20 October 2010

Summary Council, at its Meeting of 15 June 2011considered proposed draft ANSIA Structure Plan and Scheme Amendment No. 10 to its Town Planning Scheme No. 7. Subject to modifications to the Structure Plan as identified in the Schedule to in the Report along with commitments from Chevron Australia P/L and the Department of State Development supporting and underwriting the provision of social and hard infrastructure as indentified or as negotiated, that Council:

adopt Amendment No. 10 and advertise the Amendment for 60 days in accordance with the in accordance with the Town Planning Regulations 1967; and

adopt draft ANSIA Structure Plan in accordance with provisions of the Scheme and advertising it in concert with draft Amendment No.10.

Negotiations with the State Government and Chevron appear to have resulted in an acceptable arrangement for social infrastructure. Accordingly, subject to the modifications to the Structure Plan and advertising can now occur.


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However, the Department of State Development (DSD) has sought to make the condition of the funding based on a number of „process‟ matters, including “Advertising of the Structure Plan is immediate and for 42 days only. The 42 day period is 18 days less than resolved by Council.

In terms of advancing the Structure Plan and Amendment No. 10 to be finally considered by Council, it is concluded that the earliest the matters could be considered by Council whether it is a 42 or 60 day advertising period, is the Council meeting of 19 October 2011. A Council has a general power to revoke a decision provided the decision has not been acted upon. In this instance, the Shire is the „proponent‟ and the resolution in Agenda Item 16.06.36 has not been acted upon. It is considered that Council is not precluded from considering the matter for a second time. Should the revocation fail, the 60 (calendar) day advertising period will stand. Should Council resolve to rescind the Council Resolution associated with Agenda Item 16.06.36 Ordinary Meeting of Council 15 June2011, then the advertising period would be reduced to 42 calendar days. It is recommended that Council not reduce the advertising period of the draft ANSIA Structure Plan and draft Amendment No. 10. In addition, it is recommended that Council advise DSD and Chevron Australia that it is prepared to have a special meeting of Council and request the CEO to determine an appropriate date for the meeting. Draft Scheme Amendment No 11 (rezoning of Onslow Strategic Industrial zone to Rural zone) is to be considered in concert with draft Scheme Amendment No. 10. In this regard, the special meeting of Council should include Scheme Amendment No. 11.

Background Council, at its meeting of 15 June 2011 considered proposed draft ANSIA Structure Plan and Scheme Amendment No. 10 to its Town Planning Scheme No. 7. and resolved as follows: “DRAFT ASHBURTON NORTH STRATEGIC INDUSTRIAL AREA STRUCTURE PLAN

1. Subject to modifications being undertaken generally in accordance with Schedule 1 attached to the Shire Report (ATTACHMENT 13.06.36E), adopts draft Ashburton North Strategic Industrial Area Structure Plan for the purpose of advertising in accordance with sub clauses 5.7.3 and 5.7.4 of the Shire of Ashburton Local Planning Scheme No.7 ('Scheme'). Advertising will be for a minimum period of 60 days and reflect the advertising requirements as outlined in the 'Consultation' section of the Shire Report.

2. Request Chevron Australia Pty Ltd to undertake the modifications as included in Schedule 1 attached to the Shire Report (ATTACHMENT 13.06.36E) and any other modifications identified by the Chief Executive Officer as being appropriate. Advertising will not commence until the modifications are provided to the Shire and are to the satisfaction of the Chief Executive Officer.

3. Advise Chevron Australia Pty Ltd and the Department of State Development (DSD) that advertising as referred to in 1. above will only commence when Chevron Australia Pty Ltd and DSD has respectively provided to the satisfaction of the Chief Executive Officer:

a) a clear definition of their intended 'engagement' with the Onslow community and

which coincides with the adverting requirements as set out in 1. above;


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b) a written commitment supporting and underwriting the provision of social and hard infrastructure as indentified in ATTACHMENT 13.06.36D or as negotiated on behalf of Council as provided for in Part 9 of this Resolution to the Shire Report; and

c) payment of all fees including the cost of advertising (from Chevron Australia Pty Ltd).

4. Advise Chevron and DSD that it should not be construed that further changes won‟t be

required as an outcome of advertising draft Ashburton North Strategic Industrial Area Structure Plan and submissions received.

DRAFT LOCAL PLANNING SCHEME AMENDMENT NO. 10

5. In pursuance of Part V of the Planning and Development Act 2005 ("Act"), adopt for

community consultation purposes draft Amendment No. 10 ("draft Amendment") to Shire of Ashburton Local Planning Scheme No.7 ("Scheme") that proposes:

a. Rezoning portion of Part Lot 152 and Part Lot 153 Onslow Road, Unallocated Crown

Land Lot 238 and portion of Part Unallocated Crown Land Lots 301 and 302 from „Rural‟ zone and „Conservation, Recreation and Natural Landscapes‟ reserve to „Strategic Industry‟ zone and „Other Purposes – Infrastructure‟ reserve.

b. Rezoning Part Lot 152 Onslow Road from „Rural‟ zone to „Special Use – Transient

Workforce Accommodation‟ zone. c. Inserting into Schedule 2 the following:

No.

Description of Land

Special Use Conditions



1. Land use and development shall generally be in accordance with a Structure Plan and Development Plan approved by the local government and the Western Australian Planning Commission which addresses those matters defined in Clause 7.9 and Appendix 11 as it relates to the Ashburton North Strategic Industrial Area and specifically, provides details on the layout, staging, operational period of the use, accommodation of operational workforce, transport, access, landscaping, management and environmental issues associated with the development and the use of the land.

2. All transient workforce accommodation shall be

considered a „D‟ use under the Scheme. 3. Transient workforce accommodation shall only


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be used for accommodation of a workforce directly involved in the construction or maintenance of those uses and developments approved in writing by the local government.

4. Transient workforce accommodation for

operational purposes of any use or development is prohibited.

5. The local government may require the

preparation of a legal agreement in relation to the use and operation of the transient workforce accommodation and to ensure that only those persons involved in the construction or maintenance of those uses and developments approved in writing by the local government.

6. That as the draft Amendment is in the opinion of the Council consistent with Part V of the

Act and regulations made pursuant to the Act, that Amendment No. 10 be advertised for community consultation purposes for a period of 60 days, in accordance with the Town Planning Regulations 1967. The advertising is to reflect the requirements as outlined in the 'Consultation' section of the Shire Report.

7. The commencement of the advertising as referred to in 6. above is subject to the

following being undertaken:

a) modifications being undertaken by Chevron Australia Pty Ltd in accordance with Schedule 1 attached to the Shire Report (ATTACHMENT 13.06.36E) or as negotiated on behalf of Council as provided for in Part 9 of this Resolution all to the satisfaction of the Chief Executive Officer;

b) payment of all fees including the cost of advertising (from Chevron Australia Pty

Ltd); and c) when Chevron Australia Pty Ltd and DSD have respectively provided the Chief

Executive Officer with a:

i) clear definition of their 'engagement' with the Onslow community so that it coincides with the adverting requirements as set out in 1. and 6. above; and

ii) written commitment supporting and underwriting the provision of social and hard

infrastructure as indentified in ATTACHMENT 13.06.36D or as negotiated on behalf of Council as provided for in Part 9 of this Resolution to the Shire Report; and


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8. Advise Chevron and DSD that it should not be construed that further changes won‟t required as an outcome of advertising draft Amendment No.1 0 and submissions received.

REPRESENTATION IN NEGOTIATING SOCIAL AND HARD INFRASTRUCTURE NEEDS FOR ONSLOW

9. Request Councillors Musgrave, White and Corker to represent the interests of Council

with respect to negotiating with Chevron Australia Pty Ltd and the State Government and the provision of social and hard infrastructure needs for Onslow.

10. Request Councillors Musgrave, White and Corker to report back to Council either before

or during advertising of 1 and 6 above. 11. Request the Chief Executive Officer to provide a further Report to Council after

advertising as referred to in 1 and 6 above in relation to finalising draft Amendment No. 10 and the draft ANSIA Structure Plan.”

Negotiations with the State Government and Chevron Australia appear to have resulted in an acceptable arrangement for social and hard infrastructure. Accordingly, subject to the modifications to the Structure Plan and advertising can now occur. The Department of State Development (DSD) has sought to make the condition of the funding based on a number of „process‟ matters, including advertising of the Structure Plan is immediate and for 42 days only. The 42 day period is 18 days less than resolved by Council. A Council has a general power to revoke a decision provided the decision has not been acted upon. In this instance, the Shire is the „proponent‟ and the resolution in Agenda Item 16.06.36 has not been acted upon. It is considered that Council is not precluded from considering the matter for a second time. Should the revocation fail (i.e. one third of members including mover not support the revocation motion), the 60 (calendar) day advertising period will stand. Should Council resolve to rescind the Council Resolution associated with Agenda Item 16.06.36 Ordinary Meeting of Council 15 June2011, then the advertising period would be reduced to 42 calendar days. Comment With respect to advertising draft Amendment No. 10 and the draft ANSIA Structure Plan Council may recall the Staff Report to Council on 15 December 2010 concerning draft Amendment No. 10 and the draft ANSIA Structure Plan where the following was discussed:

"Once the EPA and agencies have responded to Council's initiation of Amendment No. 10, then Council will then need to consider whether to proceed to the next stage of the planning process which is advertising of the Amendment. It is this stage that both the draft Amendment No. 10 and the draft ANSIA Structure Plan would be made available for community consultation. It is anticipated that Council would seek to advertise both documents for 60 days and invite Chevron to undertake a community forum in Onslow.”


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Advertising a Scheme Amendment under the Planning and Development Act and Regulations is normally 42 days. Due to the significance and potential impact of the draft Amendment and the inclusion of the draft ANSIA Structure Plan, 60 days was considered the minimum period to advertise and consult. It is anticipated that the statutory advertising requirements the draft Amendment No. 10 and draft ANSIA Structure Plan would be as follows: 1. One notice in the Western Australian newspaper (the first day of advertising). 2. Three notices in the Pilbara News (the first day of advertising). 3. One notice in the Onslow Telegraph (preferably on the day advertising starts). 4. A large (real estate advertising sized) sign on Onslow Road (this probably need to be sign

written and would be prepared and erected immediately before the day advertising starts. This would be organized by the Shire and as a separate cost to Chevron).

5. Notice/letter drop to all owners and occupiers in Onslow (posted before advertising starts). 6. A3 notice in the Onslow and Tom Price Shire offices, with all reports etc made available

(immediately before the day advertising starts). 7. Notice on the Shire's Website, including links to all documentation. 8. Correspondence to be prepared and then sent to all agencies and land owners/leaseholders

(e.g. Pastoral Lease holders, Onslow Salt, Mining Lease holders etc) advising them of the draft Amendment and draft ANSIA Structure Plan along with a copy of the documentation (posted before the day advertising starts).

In addition to the above, DSD has advised the Shire that it will undertake an 'engagement' with the Onslow community which, if effective, needs to be undertaken and completed at least 2 weeks prior to the closure of the statutory advertising period in order to give the community time to consider and submit if desired. Also, when the notification referred in 5, 6, 7, and 8 above is taken into account, this should include advice of the meetings etc. in that correspondence. As there are modifications recommended to both the draft Amendment and draft Structure Plan, then the proponent will need to modify the documentation before advertising. Accordingly, advertising would only commence once the documentation is prepared to the Shire's satisfaction and where the Shire is satisfied that is coordinated with DSD's community 'engagement'. In terms of advancing the Structure Plan and Amendment No. 10 to be finally considered by Council, it is concluded that the earliest the matters could be considered by Council whether it is a 42 or 60 day advertising period is the meeting of 19 October 2011. Conclusions Due to the extensive consultation program required to engage the community of Onslow and indeed, Western Australia, it is concluded that it is not appropriate to reduce the advertising period of draft ANSIA Structure Plan and draft Planning Scheme Amendment No. 10 for the following reasons:

The draft ANSIA Structure Plan and draft Scheme Amendment No. 10 represents the most significant development within the Shire and in particular, Onslow. Accordingly, it is appropriate to ensure that the community of Onslow and Western Australia are given every


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opportunity to review the documentation (which will be in excess of 600 pages of reports and attachments) and make a submission.

The intent to pursue a 60 day advertising period was made clear in the Report to Council of 15 December, 2010. Chevron made a representation to that meeting and no objection to the 60 day advertising period was raised.

It is not considered appropriate to link the negotiated social infrastructure outcomes with the process of informing the community.

Council sees no discernable time benefit in having a 42 day advertising period and consider the draft ANSIA Structure Plan and draft Planning Scheme Amendment No. 10.

It is appropriate that Council consider a special meeting of Council that would ensure the matters associated with draft ANSIA Structure Plan and draft Planning Scheme Amendment No. 10 be considered by Council. Council will recall that a similar arrangement was established for the Macedon Project where a special meeting of Council was held. It should be noted that draft Scheme Amendment No 11 (rezoning of Onslow Strategic Industrial zone to Rural zone) is to be considered in concert with draft Scheme Amendment No. 10. In this regard, any special meeting of Council as referred above should include consideration of Scheme Amendment No. 11. Consultation Chief Executive Officer

Statutory Environment Shire of Ashburton Standing Orders:

“Section 70 Revoking Decisions If a decision has been made at a council meeting then any motion to revoke or change the decision shall be done in accordance with the Act.”

Local Government Act (1995) Regulation 10 of the Local Government (Administration) Regulations, 1996 allows for revoking or changing decisions made at Council or Committee meetings, as follows:

“10. Revoking or changing decisions made at council or committee meetings - s. 5.25(e)

(1) If a decision has been made at a council or a committee meeting then any motion to revoke or change the decision must be supported – (a) in the case where an attempt to revoke or change the decision had

been made within the previous 3 months but had failed, by an absolute majority; or

(b) in any other case, by at least 1/3 of the number of offices (whether vacant or not) of members of the council or committee,

inclusive of the mover.


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(2) If a decision has been made at a council or a committee meeting then any decision to revoke or change the first-mentioned decision must be made –

(a) in the case where the decision to be revoked or changed was required

to be made by an absolute majority or by a special majority, by that kind of majority; or

(b) in any other case, by an absolute majority.

(3) This regulation does not apply to the change of a decision unless the effect of the change would be that the decision would be revoked or would become substantially different.”

Policy Implications None anticipated Financial Implications None anticipated Strategic Implications None anticipated Voting Requirement One third of members including mover must support the revocation motion. The decision to revoke the motion must be by Absolute Majority. Officer Recommendation That Council: 1. Advise the Department of State Development (DSD) and Chevron Australia that Council is

not prepared to reduce the advertising period of draft Ashburton North Strategic Industrial Area (ANSIA) Structure Plan and draft Planning Scheme Amendment No. 10 to the Shire of Ashburton Local Planning Scheme No. 7 for the following reasons:

The draft ANSIA Structure Plan and draft Scheme Amendment No. 10 represents the most significant development within the Shire and in particular, Onslow. Accordingly, Council wishes to ensure that the community of Onslow and Western Australia are given every opportunity to review the documentation (which will be in the vicinity of 600 pages of reports and attachments) and make a submission.

The intent of Council to pursue a 60 day advertising period was made clear in the Report to Council of 15 December, 2010.

Council does not consider it appropriate to link the negotiated social infrastructure outcomes with the process of informing the community.


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Council sees no discernable time benefit in having a 42 day advertising period and consider the draft ANSIA Structure Plan and draft Planning Scheme Amendment No. 10.

2. Advise DSD and Chevron Australia that Council is prepared to have a special meeting of

Council to consider the draft ANSIA Structure Plan, draft Planning Scheme Amendment No. 10 and draft Planning Scheme Amendment No. 11 for final approval and request the CEO to determine an appropriate date for the meeting.

Council Decision MOVED: Cr White SECONDED: Cr Wright That Council reduces the advertising period to 42 days. DRAFT ASHBURTON NORTH STRATEGIC INDUSTRIAL AREA STRUCTURE PLAN 1. Subject to modifications being undertaken generally in accordance with Schedule 1

attached to the Shire Report to Council of 15 June 2011 (ATTACHMENT 13.06.36E), adopts draft Ashburton North Strategic Industrial Area Structure Plan for the purpose of advertising in accordance with sub clauses 5.7.3 and 5.7.4 of the Shire of Ashburton Local Planning Scheme No.7 ('Scheme'). Advertising will be for a minimum period of 42 days and reflect the advertising requirements as outlined in the 'Consultation' section of the Shire Report.

2. Request Chevron Australia Pty Ltd to undertake the modifications as included in Schedule 1 attached to the Shire Report to Council of 15 June 2011 (ATTACHMENT 13.06.36E) and any other modifications identified by the Chief Executive Officer as being appropriate. Advertising will not commence until the modifications are provided to the Shire and are to the satisfaction of the Chief Executive Officer.

3. Advise Chevron Australia Pty Ltd and the Department of State Development (DSD) that advertising as referred to in 1. above will only commence when Chevron Australia Pty Ltd and DSD has respectively provided to the satisfaction of the Chief Executive Officer: a) a clear definition of their intended 'engagement' with the Onslow community and

which coincides with the adverting requirements as set out in 1. above; b) a written commitment supporting and underwriting the provision of social and hard

infrastructure as indentified in the Shire Report to Council of 15 June 2011 ATTACHMENT 13.06.36D or as negotiated on behalf of Council as provided for in Part 9 of this Resolution to the Shire Report; and

c) payment of all fees including the cost of advertising (from Chevron Australia Pty

Ltd).


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4. Advise Chevron and DSD that it should not be construed that further changes won‟t be required as an outcome of advertising draft Ashburton North Strategic Industrial Area Structure Plan and submissions received.

DRAFT LOCAL PLANNING SCHEME AMENDMENT NO. 10

5. In pursuance of Part V of the Planning and Development Act 2005 ("Act"), adopt for community consultation purposes draft Amendment No. 10 ("draft Amendment") to Shire of Ashburton Local Planning Scheme No.7 ("Scheme") that proposes:

a. Rezoning portion of Part Lot 152 and Part Lot 153 Onslow Road, Unallocated Crown Land Lot 238 and portion of Part Unallocated Crown Land Lots 301 and 302 from „Rural‟ zone and „Conservation, Recreation and Natural Landscapes‟ reserve to „Strategic Industry‟ zone and „Other Purposes – Infrastructure‟ reserve.

b. Rezoning Part Lot 152 Onslow Road from „Rural‟ zone to „Special Use – Transient Workforce Accommodation‟ zone.

c. Inserting into Schedule 2 the following:

No. Description of Land

Special Use Conditions



1. Land use and development shall generally be in accordance with a Structure Plan and Development Plan approved by the local government and the Western Australian Planning Commission which addresses those matters defined in Clause 7.9 and Appendix 11 as it relates to the Ashburton North Strategic Industrial Area and specifically, provides details on the layout, staging, operational period of the use, accommodation of operational workforce, transport, access, landscaping, management and environmental issues associated with the development and the use of the land.

2. All transient workforce accommodation shall be considered a „D‟ use under the Scheme.

3. Transient workforce accommodation shall only be used for accommodation of a workforce directly involved in the construction or maintenance of those uses and developments approved in writing by the local government.


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4. Transient workforce accommodation for operational purposes of any use or development is prohibited.

5. The local government may require the

preparation of a legal agreement in relation to the use and operation of the transient workforce accommodation and to ensure that only those persons involved in the construction or maintenance of those uses and developments approved in writing by the local government.

6. That as the draft Amendment is in the opinion of the Council consistent with Part V of

the Act and regulations made pursuant to the Act, that Amendment No. 10 be advertised for community consultation purposes for a period of 42 days, in accordance with the Town Planning Regulations 1967. The advertising is to reflect the requirements as outlined in the 'Consultation' section of the Shire Report.

7. The commencement of the advertising as referred to in 6. above is subject to the following being undertaken: a) modifications being undertaken by Chevron Australia Pty Ltd in accordance with

Schedule 1 attached to the Shire Report to Council of 15 June 2011 (ATTACHMENT 13.06.36E) or as negotiated on behalf of Council as provided for in Part 9 of this Resolution all to the satisfaction of the Chief Executive Officer;

b) payment of all fees including the cost of advertising (from Chevron Australia Pty

Ltd); and c) when Chevron Australia Pty Ltd and DSD have respectively provided the Chief

Executive Officer with a:

i) clear definition of their 'engagement' with the Onslow community so that it coincides with the adverting requirements as set out in 1. and 6. above; and

ii) written commitment supporting and underwriting the provision of social and

hard infrastructure as indentified in the Shire Report to Council of 15 June 2011 (ATTACHMENT 13.06.36D) or as negotiated on behalf of Council as provided for in Part 9 of this Resolution to the Shire Report; and

8. Advise Chevron and DSD that it should not be construed that further changes won‟t

required as an outcome of advertising draft Amendment No.10 and submissions received.


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REPRESENTATION IN NEGOTIATING SOCIAL AND HARD INFRASTRUCTURE NEEDS FOR ONSLOW

9. Request Councillors Musgrave, White and Corker to represent the interests of Council with respect to negotiating with Chevron Australia Pty Ltd and the State Government and the provision of social and hard infrastructure needs for Onslow.

10. Request Councillors Musgrave, White and Corker to report back to Council either before or during advertising of 1and 6 above.

11. Request the Chief Executive Officer to provide a further Report to Council after advertising as referred to in 1 and 6 above in relation to finalising draft Amendment No. 10 and the draft ANSIA Structure Plan.

DRAFT LOCAL PLANNING SCHEME AMENDMENT NO. 11 12. In pursuance of Part V of the Planning and Development Act 2005 ("Act"), adopt for

community consultation purposes draft Amendment No. 11 ("draft Amendment") to Shire of Ashburton Local Planning Scheme No.7 ("Scheme") that proposes:

a. Rezone Part Location 303, Onslow Road, Onslow from „Strategic Industrial zone to

„Rural‟ zone.

b. Modify the Scheme Maps accordingly.

c. Modify Clause 7.1 of the Scheme to delete reference to „Onslow Strategic Industrial Buffer‟ and for Clause 7.1 to read as follows:

“7.1 Operation of Special Control Areas

7.1.1 The following special control areas are shown on the Scheme map: (a) Tidal Inundation Areas (b) Onslow Coastal Hazard Area (c) Onslow Airport Height Restrictions Area (d) Cane River Water Reserve Area (e) Turee Creek, Mt Lionel and Mt Stevenson Borefields (f) Wittenoom (g) Ashburton North Strategic Industrial Area”

d. Modify the Scheme Legend to delete “Onslow Strategic Industrial Buffer – Special

Control Area” as set out in the Amendment Legend. e. Modify the Scheme Maps to delete “Onslow Strategic Industrial Buffer – Special

Control Area”. 13. That as the draft Amendment is in the opinion of the Council consistent with Part V of

the Act and regulations made pursuant to the Act, that Amendment No. 11 be advertised for community consultation purposes for a period of 42 days, in accordance


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with the Town Planning Regulations 1967. The advertising is to be coordinated with the advertising of draft Scheme Amendment No. 10 as considered by Council in Item 13.06.36 of the Shire Report to Council of 15 June 2011.

SPECIAL MEETING OF COUNCIL 14. Request the CEO in consultation with the Shire President, to determine an appropriate

date for a special meeting of Council to consider the draft ANSIA Structure Plan, draft Planning Scheme Amendment No. 10 and draft Planning Scheme Amendment No. 11 for final approval meeting.

15. Advise DSD and Chevron Australia of 14. above.

CARRIED 7/0

ABSOLUTE MAJORITY

Reasons for change of Resolution:

It was consistent with the minimum statutory requirement;

It was considered that substantial public consultation and information has already occurred; and/

The request from DSD to amend the advertising period was considered reasonable under the circumstances.


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Council Decision MOVED: Cr White SECONDED: Cr Rumble That Council re-open the meeting to the public at 6.00 pm pursuant to sub section 5.23 (2) (a) and (b) of the Local Government Act 1995.

CARRIED 7/0 Frank Ludovico, Geoff Brayford, Amanda O‟Halloran, Heather Patmore, Rob Paull, Janyce Smith and Chloe Shaw entered the meeting at 6.01 pm.

17.07.0 COUNCILLOR AGENDA ITEMS No Councillor Agenda Items were received.

18.07.0 NEXT MEETING

The next Ordinary Meeting of Council will be held on 17 August 2011, at the Council Chambers, Recreation Centre, Tom Price, commencing at 3.00 pm.

19.07.0 CLOSURE OF MEETING

The Shire President declared the meeting closed at 6.03 pm.

shire of ashburton 20...minutes – ordinary meeting of council 20 july 2011 5 1.07.0 declaration of...

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