shire of narrogin implications: include an allocation in the 2015/16 budget for fencing maintenance...

Shire of Narrogin Ordinary Council Meeting

21st MAY, 2015

NOTICE AND AGENDA

Dear Councillors,

Notice is hereby given that the next Ordinary Meeting of Council is to be held

in the Council Chamber, 43 Federal Street, Narrogin on Thursday 21st May

2015; commencing at 9.30 a.m.

Geoff McKeown

Chief Executive Officer

Ordinary Council Meeting

21st May, 2015

2

AGENDA

1. DECLARATION OF OPENING AND ANNOUNCEMENT OF

VISITORS

2. ATTENDANCE, APOLOGIES AND LEAVE OF ABSENCE GRANTED

3. PUBLIC QUESTION TIME

Responses to previous public questions taken on notice, general enquiries or

disputes.

4. APPLICATIONS FOR LEAVE OF ABSENCE

5. CONFIRMATION OF MINUTES

Minutes of the Ordinary Meeting of Council held on the 16th

April 2015.

6. ANNOUNCEMENTS BY THE PRESIDENT AND COUNCILLORS

7. PETITIONS/DEPUTATIONS/PRESENTATIONS/SUBMISSIONS

8. REPORTS OF OFFICERS

9. MATTERS WHICH REQUIRE DECISIONS

9.F FINANCE

9.F.275 Financial Statement (FI-FINS) 3

9.F.276 Indexation of Financial Assistance Grants (FI-GRSUB) 4

9.A ADMINISTRATION

9.A.337 Aged Housing Opportunities (CS-AGED) 6

9.A.338 Purchase of Land – Airport Extension (TR-AERO) 8

9.A.339 Construction of Additional Glider Hangars (TR-AERO) 10

9.A.340 Navigational Aids (TR-AERO) 13

9.A.341 Airport Development (TR-AERO) 16

9.B&TP BUILDING AND TOWN PLANNING

9.B&TP.193 Request for Road Closure (TR-CLOS) 19

9.B&TP.194 Development Application – Lot 4 Simmons Road (TP-GEN) 22

10. NOTICE OF MOTION

11. NEW BUSINESS OF AN URGENT NATURE

12. DECLARATION OF CLOSURE


21st May, 2015

3

9. MATTERS WHICH REQUIRE DECISIONS

9.F FINANCE

9.F.275 FINANCIAL STATEMENT FI-FINS

Author

Geoff McKeown – Chief Executive Officer

Disclosure of Interest

Nil.

Background

The Financial Statement to the 30th

April, 2015 and the Cheques as prepared for payment

will be presented for adoption by Council.

STATUTORY ENVIRONMENT: Local Government (Financial

Management) Regulations

1996

POLICY IMPLICATIONS: Nil

FINANCIAL IMPLICATIONS: Nil

STRATEGIC IMPLICATIONS: Nil

Recommendation

That Council,

1. Endorse cheques numbered: 21494 to 21500 (inclusive) as paid under delegated

authority, totalling $1,209,045.00;

2. Approve cheques numbered: 21501 to 21533 (inclusive) as creditors to be paid,

totalling $230,466.57; Endorse electronic transaction payments as paid under

delegated authority for other expenses totalling $219,957.74; Endorse

electronic transaction payments for other expenses totalling $75.76;

3. Endorse electronic transaction payments for salaries and wages expenses

totalling $66,508.80; and

4. Adopt the Financial Statement to the 30th

April, 2015 as presented.

VOTING REQUIREMENTS: Simple Majority


21st May, 2015

4

9.F.276 INDEXATION OF FINANCIAL ASSISTANCE GRANTS FI-GRSUB

Author



Nil.

Background

The Australian Local Government Association (ALGA) has written to every local

government in Australia to again raise the issue of the freeze on Financial Assistance

Grants (FAGs) until 2017/18. It estimates that this will result in a permanent reduction in

the FAGs base by 13%.

The Australian Government announced the freeze on indexation in its 2014 Budget and as

such there will be no change to the overall value of the pool in 2015/16. ALGA would like

local governments to acknowledge the level and importance of this grant funding in

providing adequate infrastructure and services to their communities, as well as the impact

of the grant being fixed for three years.

Comment

To support this initiative ALGA has provided the following rationale:

“FAGs are a vital part of the revenue of all councils, and this year councils will

receive $2.3 billion from the Australian Government under this important program.

The Government’s decision in the 2014 Federal Budget to freeze the indexation of

FAGs for three years beginning in 2014-15 will unfortunately cost councils across

Australia an estimated $925 million by 2017-18.

ALGA and the state local government associations are seeking the support of Council

for advocacy to have the Federal Government reverse the decision to freeze the

indexation of FAGs.

While the FAGs are paid through each state’s Local Government Grants

Commission, the funding originates with the Commonwealth and it is important it is

recognised as such. Council, and every other council in Australia, have been asked

to pass a resolution acknowledging the importance of the Commonwealth’s Financial

Assistance Grants in assisting Council to provide important community

infrastructure.

Council is also being asked to acknowledge the receipt of Financial Assistance

Grants from the Commonwealth in media releases and council publications,

including our annual report and to highlight to the media a council project costing a

similar size to the FAGs received by Council so that the importance and impact of the

grants can be more broadly appreciated.”

STATUTORY ENVIRONMENT: Nil


FINANCIAL IMPLICATIONS: FAGs are an important source of

external funding



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Recommendation

That the Council,

1. Acknowledges the importance of federal funding through the Financial

Assistance Grants program for the continued delivery of Council’s services and

infrastructure;

2. Acknowledges that the Council will receive $581,443 in General Purpose

Funding and $415,423 in Local Road Funding in 2014-15; and

3. Will ensure that this federal funding, and other funding provided by the Federal

Government under relevant grant programs, is appropriately identified as

Commonwealth grant funding in Council publications, including annual

reports.



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9.A ADMINISTRATION

9.A.337 AGED HOUSING OPPORTUNITIES CS-AGED

Author


Additional information provided by Gary Sherry – CEO, Shire of Cuballing


Nil.

Background

The Shire of Narrogin has been invited to participate with other local governments in

seeking grant funding for Aged Accommodation Units, either through the Wheatbelt

Development Commission, Royalties for Regions, Regional Development Australia’s

National Infrastructure Fund or any other grant available for Aged Accommodation Units

Comment

The Chief Executive Officer met with representatives of the Shires of Cuballing, Wickepin,

Wandering and the Town of Narrogin and the Wheatbelt Development Commission in

Wickepin on 15th April 2014. The Shire of Corrigin was an apology for the meeting.

At this meeting it was discussed that:

The local governments form a committee to advance the project. Elected

Member representation be sought for this committee from the local

governments.

The individual local governments are at various stages of readiness. For

example:

The Shire of Corrigin has submitted an application for units in Corrigin.

They have plans and land arranged. They view their application as the

first of a multi stage project. They are being advised that a wider

application may be more successful.

The Shire of Wickepin also has land and plans completed to construct

units. It has budgeted to borrow to construct the accommodation but is

now delaying to make an application for funding.

The Shires of Wandering, Corrigin and Cuballing make a budget allocation of

about $3,000 to contribute to a planning study to justify aged housing in the

region. The Shires of Wickepin and Narrogin and the Town of Narrogin are

already advanced in progressing such a study with an application submitted to

the Wheatbelt Development Commission under the Creating Age Friendly

Communities in Small Towns Grant Program. It is suggested that the other

local governments could join the study by making a contribution.

The facilities in Narrogin are operating at capacity and aged housing in

surrounding towns will complement the housing infrastructure for the aged in

our region. Narrogin Cottage Homes Inc. generally supports the proposal.

The Shires of Cuballing and Wickepin have identified land for aged

accommodation.


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Although the Shire of Narrogin is unlikely to consider provision of aged accommodation

within its district, it does need to support options that can be available for its residents. The

Shire and Town of Narrogin are fortunate that Narrogin Cottage Homes Inc. has taken on

this responsibility. Through a community managed model it has a range of rental and self-

funded options for the aged. In other communities the local government has assumed the

role. Recently the Shires of Williams, West Arthur, Wagin, Dumbleyung, Kent and Lake

Grace successfully obtained grant funding to build several units in their towns.

The group in this region would like to replicate the success of that project.



FINANCIAL IMPLICATIONS: Contribution to the Creating Age

Friendly Communities in Small

Towns project if grant funding is

successful.

STRATEGIC IMPLICATIONS: Regional cooperation to secure

external funding.

Recommendation

That Council:

1. Supports the joint effort of the Town of Narrogin and Shires of Cuballing,

Corrigin, Wickepin, Narrogin and Wandering to obtain funding to construct

aged accommodation for their respective communities;

2. Participate in a committee or other body overseeing the effort to construct aged

accommodation in this region;

3. Appoint Cr __________________ as the Elected Member representative to the

committee or other body overseeing the effort to construct aged

accommodation in this region; and

4. Allocate $3,333 to participate in a review of the demand for aged

accommodation in the region through the Creating Age Friendly Communities

in Small Towns Grant Program.



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9.A.338 PURCHASE OF LAND – AIRPORT EXPANSION TR-AERO

Author



Nil

Background

The process of acquiring additional land at the Narrogin Airport has been completed.

An area of 8.0657ha (19.93acres) was purchased from Mr Bill Moore and added to the

existing location held by the Shire and Town of Narrogin. The following plan shows the

new boundary alignment of Lot 8.

Comment

The Shire and Town Councils shared the cost of this purchase. The total combined cost,

excluding GST, was:

1. Subdivision application (WAPC) 3,044.94

2. Subdivision lodgement, survey fees (Peter Gow) 6,500.00

3. Land purchase (Bill Moore) 49,829.89

4. Settlement fees (Lane Buck & Higgins) 1,572.68

Total $60,947.51

Now that the local governments have ownership of the expanded area there are some

management issues that need to be considered. Prior to any development occurring, the

land will have to be managed. It may be worthwhile to offer the previous owner, Bill

Moore, grazing rights until some or all of the land is required for development.

In addition, an investigation of the perimeter fencing should be undertaken for the purpose

of ensuring the expanded airport grounds are secure. The current fence is quite old and

there are significant sections where trees have fallen over it from the road reserve.

Maintenance is required to ensure the area is stock proof. The work can be done in the new

financial year with funds included in 2015/16 Budget.


21st May, 2015

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FINANCIAL IMPLICATIONS: Include an allocation in the 2015/16

Budget for fencing maintenance to

secure the new property boundary


Recommendation

The Shire of Narrogin endorses that the Chief Executive Officer being given delegated

authority to negotiate a grazing access agreement with Mr Bill Moore over the expanded

area of Lot 8 Clayton Road. Further, sufficient funds be included in the 2015/16 Budget to

maintain the fenced area of Lot 8 to ensure security of the airport grounds.

VOTING REQUIREMENTS: Absolute Majority


21st May, 2015

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9.A.339 CONSTRUCTION OF ADDITIONAL GLIDER HANGARS TR-AERO

Author



Nil

Background

The Narrogin Gliding Club is seeking approval to construct additional glider hangars on

land that it currently leases from the Shire and Town of Narrogin.

Comment

Under the terms of the lease agreement any new buildings to be constructed on the leased

area require approval of the lessor.

In support of the application the Secretary of the Narrogin Gliding Club has provided the

following information:

“As you know the Australian Air Force Cadets has a close relationship with Narrogin Gliding Club. In the short to medium term the AAFC is using NGC instructors and facilities for its operations. The AAFC would like to build two T hangars within our existing T hangar area to house the two AAFC gliders. The T hangars would be taken over by NGC when the AAFC eventually relocates to its own area.

1. Construction and location of the proposed T hangars are shown on the attached sketch drawings. Note that the drawings are not to scale but include all details showing what is proposed.

2. Note that the AAFC used an old copy of our layout sketch as the basis for the drawing that indicates some of the existing NGC hangars as vacant. This is not the case, all our existing hangars are now occupied. The proposed AAFC hangars are shown in red on the layout plan.

3. The construction of the AAFC hangars will be similar to existing T hangars on site. Construction details are shown on the individual plan drawing. The AAFC advise that site construction will be self-build by the AAFC from a pre-welded kit. Cost will be approximately $6000 per hangar, which is basically for materials and prework.

4. The AAFC advise that the schedule is dependent on funding, expected completion would be end of June.

Shire approval is requested for this work to proceed in our lease area. Please advise if any further information is required or if standard forms of some sort must be submitted. If required I am happy to meet with Shire officers on site at a nominated date and time to explain what is proposed and resolve any issues.”

The layout plan included with the application is copied below, showing the location of the

proposed new hangars in red. The existing hangars are approximately 60m from the

centreline of the runway. The Airport Master Plan includes a proposed taxiway that has its

centreline 57m from the runway centreline.


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Although the taxiway is not constructed it would be appropriate to advise the Club that

some existing hangars may have to be relocated in the future if it proceeds. The proposed

new hangars are 2.4m high and are estimated to be more than 80m from the runway

centreline and therefore should not be impacted.


21st May, 2015

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Recommendation

The Shire of Narrogin approves the application by the Narrogin Gliding Club to construct

two new glider hangars on the site currently leased by the Club, subject to it obtaining a

Building Permit prior to works commencing and the location of the hangars being outside

the required distance from the runway centreline.



21st May, 2015

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9.A.340 NAVIGATIONAL AIDS TR-AERO

Author



Nil

Background

Dr Peter Maguire, Chair, Medical Advisory Committee at the Narrogin Regional Hospital

has written to the Shire of Narrogin raising the issue of the Royal Flying Doctor Service

(RFDS) having difficulty landing at the Narrogin Airport during periods of fog and low

cloud. The Medical Advisory Committee is concerned that if the RFDS is unable to land, a

seriously ill patient will be at significant risk. It asks that the Shire of Narrogin investigate

the licensing of the airport and installation of navigational aids.

Comment

In response to this request, the following questions were put to the Consultant who

prepared the Narrogin Airport Master Plan:

1. Should the Narrogin Airport become a licenced airport? What are the

advantages and disadvantages?

2. We have been asked to consider installing an instrument landing system by the

Narrogin Regional Hospital and its Medical Advisory Committee. This has

come from several incidents this year where the RFDS were turned away due to

fog and low cloud.

Mr Andrew Forte, Forte Airport Management, responded in the following way:

“The request would be for an instrument (non-precision approach) navigation aid, such as

an NDB (radio beacon ground based) or GPS (satellite based). This enables the approach

procedure to be flown (by on board instrument) and align to the runway. The cost for

design and flight test is around $60k for GPS but $160k for NDB as a mast must be

installed.

The procedure is designed to take account of lowest safe altitude and the approach

clearances.

The approach must be continued visually once on approach and the runway actually must

be visual. If not a missed approach is conducted and flown to the procedure.

An instrument landing system (instrument approach) allows for a lower descent before

visual recognition of runway. Albany is the only regional WA airport with an ILS and even

so its descent is published (from recollection) at around 500ft above threshold. So if fog is

at ground level this does not enable the flight to land.

An ILS is very expensive (at least a $1 million) so you won’t be looking at an Instrument

Landing System (ILS).


21st May, 2015

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I would be asking the RFDS operations division for their opinion, i.e. the net operating

benefit to service delivery at Narrogin if an Instrument Non-Precision Approach procedure

was published. If they do recommend then at least you have a written support case for the

likes of RADS or R4R funding to help provide.

For the airport operator this would mean registering or certifying (was called licensing)

the aerodrome. It is a CASA requirement with a published instrument procedure that it be

registered. Only because the inspection and reporting of obstacles and NOTAM of issues

is part of the operating environment.

So this is another quantum for the Shire but many others have done the same. E.g.

Manjimup with NDB and Katanning I think has GPS.

The cons are minimum 3 times/week ARO inspection and before a night flight by RFDS and

after serious storm event. A manual for the airport operations is required and annual

independent compliance check called Annual Technical Inspections. These cover takeoff

survey, physical condition and manual correctness and an ATI might be $6-8k/year. To

establish documentation etc. maybe $20k.

So there is a slightly higher operating cost for compliance once established.

As an aside the Hospital had me review their helicopter landing site options because of

building expansion a few months back. The EMS helicopter service is a very good

alternative for the RFDS and typically called upon for more urgent cases. Mainly due to

the destination being a roof top hospital in Perth versus Jandakot Ambulance transfer.

The hospital HLS option redevelopment will come at a cost (probably higher than they

would like) but if implemented would provide an excellent alternative.

If not developed the Oval has been considered as fallback and also the aerodrome.

Improved access for helicopters could be raised (if you like). In this regard the

improvements would not be registering or instrument NPA procedure development at the

aerodrome but development of appropriate landing/holding/transfer facilities, albeit at the

hospital, oval or aerodrome.”

Contact was made with the Mr Alby Unger, Deputy Chief Pilot of the RFDS to seek his

views on a non-precision approach navigational aid. He commented that the GPS systems

are becoming the industry standard as opposed to the radio beacon ground based system.

He confirmed that fog and low cloud are a problem in Narrogin although actual statistics

quantifying the number of times an aeroplane could not land may be difficult to obtain. He

also commented that even if a navigation aid was installed it would not guarantee that the

aeroplane could land. The pilot still needs to see the runway to be able to land and if fog is

present at ground level the pilot will not land.

The Shire of Katanning was also contacted to enquire about their GPS system. The

Manager of Strategic Services at the Shire was unsure if the Katanning Airport had the

GPS system installed. Further enquiries with an employee of Aerodrome Management

Services Pty Ltd confirmed that it is installed, but may have been put there some years ago

under an initiative of the State or Federal Government.


21st May, 2015

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There is an annual inspection and maintenance cost for the system of up to $20,000 that is

currently being covered by a government department, hence the uncertainty of the Shire of

Katanning representative as to whether it was installed.

Aerodrome Management Services Pty Ltd advised that the following matters should be

considered if Narrogin wants to install a GPS system (more correctly called Global

Navigation Satellite System - GNSS):

The Airport will have to be registered or certified with CASA;

Upgrades will be required to meet CASA rules, e.g. additional windsock and

relocation of runway lights to meet current standards.

Airport owner is to have two trained inspectors to carry out twice weekly

inspections (training involves 4 days instruction at a cost of $2,500 per person);

Reporting of inspections and an annual compliance audit; and

The GNSS installation will cost in the vicinity of $100,000, which includes

design, mapping of the terrain and flight testing by CASA.

The benefit for the pilot in using a GNSS is that they can descend to an altitude of 700 to

800 feet compared to 1,500 feet in normal operations. This is beneficial in assisting the

pilot to make their decision whether it is safe to land or not.



FINANCIAL IMPLICATIONS: Estimate to be obtained


Recommendation

The Shire of Narrogin approves inviting expressions of interest from suitably qualified

airport consultants to prepare a report on the costs and statutory requirements for the

Narrogin Airport to be registered or certified by the Civil Aviation Safety Authority and to

install and maintain a Global Navigation Satellite System.



21st May, 2015

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9.A.341 AIRPORT DEVELOPMENT TR-AERO

Author



Nil

Background

The Shire and Town of Narrogin need to consider options for the development of the land

recently purchased from Mr Bill Moore. Interest in the land has been received from the

Narrogin Gliding Club, Narrogin Flying Club and the Australian Air Force Cadets.

The local governments have identified expansion of the airport grounds and development

of further aviation industry as key strategic initiatives.

Comment

At the time the Shire and Town commissioned a review of the Airport Master Plan the

Consultant was asked to include a number of potential developments options in the

document. The Plan could then form the basis of a funding application if the local

governments looked for external money to fund the development.

The Consultant’s concept plan below shows areas for club expansion, fuel facilities, private

hangars, commercial hangars, flying training facilities and a general aviation terminal.

It is now appropriate to firm up a concept plan and look at how lots can be designated,

serviced and have appropriate tenure arrangements in place ready for those wishing to

secure a lot. The extension of three phase power to the Airport in 2012 included the

installation of a pole and transformer at the western end of the Narrogin Gliding Club

grounds. This was done specifically to accommodate the first development to take place on

the newly acquired land. Capacity at this point may support up to four users, so a plan

needs to be considered to service the entire site. Similarly, development of access roads

within the site and the connection to Clayton Road has to be considered.


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To date there has been no work done to identify the cost of this development. This should

be progressed along with identifying possible funding sources.

The following three plans show the existing state and two options for future development.


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STATUTORY ENVIRONMENT: Included as an initiative in the

Shire’s Strategic Community Plan




Recommendation

The Shire of Narrogin supports the preparation of a development plan for the Narrogin

Airport to determine:

the cost of installation of services, including power and roads;

standards for the development of infrastructure; and

tenure arrangements for land to be leased.



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9. B&TP BUILDING AND TOWN PLANNING

9.B&TP.193 REQUEST FOR ROAD CLOSURE TR-CLOS

Authors


Liz Bushby – Gray & Lewis – Land Use Planners


Nil.

Background A road closure request has been lodged by CLE Town Planning and Design on behalf of the owners of Lot 7 Williams Kondinin Road, Narrogin Valley (‘Lot 7’). The applicant seeks closure of an unconstructed road which runs in an east west direction traversing Lot 7 – location plan below.

The road is shown as a local scheme reserve on the Shire of Narrogin Town Planning Scheme No 2 map for ‘road’. Lot 7 is zoned ‘Farming’ under the Scheme.

Proposed road closure

Proposed road closure


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Comments

Proposed future subdivision The applicant has advised that in the future they propose to lodge a separate application to the Western Australian Planning Commission (WAPC) seeking approval to create a homestead lot around the existing house on Lot 7. The Department of Planning has given preliminary advice that for any homestead subdivision to occur, the east west road reserve would have to be closed. The road closure will allow a homestead lot to have direct access to Williams Kondinin Road.

Proposed road closure Gray & Lewis recommends that the road closure request be considered by Council based on its individual merit, rather than pre-empting any potential subdivision. The applicant has lodged detailed correspondence outlining reasons for the road closure - refer to applicant’s submission in Attachment 1. Council should consider a number of matters such as:

- Whether the road reserve is needed in the Shire’s future plans for its overall road network

- Whether the road reserve closure is detrimental to traffic movement or safety - Whether the application complies with general planning principles.

Closure of the road will not cause any traffic impact as it not utilised, is unconstructed and is not relied on for trafficable access by any existing lots. Having regard that the road is unconstructed, that there are no plans for construction of the road, and that it does not appear to present major benefits, it is recommended that the road closure request be supported for the purpose of advertising.

Road closure procedure If the road is closed the owners of Lot 7 will have opportunity to purchase the old road area and amalgamate it into their land. Prior to this occurring there are a number of road closure steps as summarised below. Step 1 – Consideration by the Shire. Step 2 – Consultation with the Department of Lands (DoL). Preliminary advice will be

sought on DoL’s position. Step 3 – Consultation with service providers to ascertain if there are any services in the

road reserve, whether they can be relocated and costs. Step 4 – Public advertising for 35 days. Advertising involves writing to all adjoining landowners to the road reserve

requesting their comments, the erection of a sign in the road reserve, and an advertisement in the local newspaper. The costs of all advertising are to be paid by the applicant and they can be required to organise the sign.

Step 5 - Referral back to Council. A report is prepared for consideration by Council following after the advertising

period to consider all submissions, and to decide whether to proceed.


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Step 6 - Action by Department of Lands. If Council and DoL support the application, then formal actions are

commenced by the DoL to close the road reserve and the applicant is contacted directly by the DoL for this purpose.

To streamline the process the Shire can simply advertise the road closure for 35 days and allow simultaneous consultation with the Department of Lands, service authorities and adjacent landowners. STATUTORY ENVIRONMENT: Land Administration Act 1997

outlines requirements to be fulfilled prior to lodging a formal request to the Minister of Lands seeking permanent closure of a road.

Land Administration Regulations 1988 deal with advertising, objections and the process for road closures.

POLICY IMPLICATIONS: Nil FINANCIAL IMPLICATIONS: The Shire will pay Gray & Lewis for

planning advice. The applicant will be responsible for advertising costs.

STRATEGIC IMPLICATIONS: Nil Recommendation That Council:

1. Resolves to support the request to close a portion of unconstructed road reserve to the east of Williams Kondinin Road adjacent to Lot 7 Williams Kondinin Road in accordance with the Land Administration Act 1997 and Land Administration Regulations 1998 for the purpose of initiating advertising and consultation.

2. Authorises the Chief Executive Officer to publicly advertise the road closure for 35 days. Advertising to include: (i) A newspaper notice; (ii) Individual letters to nearby and adjacent landowners; (iii) A sign erected adjacent to Williams Kondinin Road by the owners/

applicant (A3 size); (iv) Individual letters to the Department of Lands and service

authorities. 3. Authorise the Chief Executive Officer to advise the applicant of the Council

resolution, seek written confirmation that the owners agree to pay all advertising costs, and to invoice the landowner/ applicant directly to cover all advertising costs.

4. Note that a further report will be referred to a future Council meeting to consider submissions.



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9.B&TP.194 DEVELOPMENT APPLICATION – LOT 4 (No 303) SIMMONS

ROAD, NARROGIN VALLEY TP-GEN

Authors


Liz Bushby – Gray & Lewis – Land Use Planners


Nil.

Background An application has been submitted by Brian Seale on behalf of Oaklands Investments WA Pty Ltd seeking permission to grow juju berries, macadamia trees and pawlonia trees on the abovementioned lot. Comments

Location Lot 4 is a battle axe lot located near the intersection of Simmons Road and Narrogin Valley Road Narrogin Valley – refer plan below.

Zoning The lot is zoned ‘Special Rural’ under the Shire of Narrogin Town Planning Scheme No 2.

Description of application Lot 4 has an area of 22.421 hectares and contains a single house, associated buildings and a dam. The applicant seeks to grow three separate five acre planting areas respectively for juju berries, macadamia trees and pawlonia trees (total of 6 hectares). The juju berries and macadamia nuts will be grown for commercial sale. The pawlonia trees will be grown for timber with harvesting proposed in 12-15 years. The applicant has advised it is a fast growing tree and it regrows from the stump.


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The proposal is for the growing of trees only and no processing is proposed on site. No plans showing the growing area locations on the lot have been submitted, however the applicant has verbally advised that growing areas will be a minimum of 10 metres from any boundary.

Landuse classification and permissibility When an application is lodged, part of the planning assessment involves examining the landuse definitions in the Shire of Narrogin Town Planning Scheme No 2 (‘the Scheme’), and determining the ‘best fit’ landuse classification. Where there is no applicable landuse definition in the Scheme, definitions in the Model Scheme Text (MST) contained in the Town Planning Regulations 1967 can be utilised. Gray & Lewis is of the view that the proposed landuse is not dissimilar to a ‘hobby farm’ however the Scheme definition for ‘hobby farm’ only allows for growing vegetables and fruit where it is not for commercial gain or sale. Ultimately this application includes the sale of macadamia nuts and berries so it cannot be construed as a ‘hobby farm’. There are two landuse options to consider for the proposed growing of juju berries and macadamia nuts being either an ‘intensive agriculture’ or a ‘rural pursuit’. Option 1 – Intensive Agriculture The Shire of Narrogin Town Planning No 2 defines ‘intensive agriculture’ as meaning ‘the use of land for the purposes of trade, commercial reward or gain, including such buildings and earthworks normally associated with the following ....the production of grapes, vegetables, flowers, exotic and native plants, fruit and nuts...’. Any ‘intensive agriculture’ landuse is not permitted in the Special Rural zone under ‘Table 1 – Zoning Table’ of the Scheme. This means that Council has no discretion to approve the use. Option 2 – Rural Pursuit The juju berries and macadamia nuts will be picked and packed on site, therefore Council also has discretion to consider the use as a ‘rural industry’ which includes an industry ‘packing primary products grown, reared or produced in the locality’. Albeit small scale, the use includes growing of primary products and packing for harvesting. Council has discretion to consider a ‘rural pursuit’ in the Special Rural zone. It is an ‘AA’ use under ‘Table 1 – Zoning Table’ of the Scheme. It is recommended that Council pursue Option 1 and classify the growing of juju berries and macadamia nuts as ‘intensive agriculture’ having regard that technically it is the ‘best fit’ landuse definition as it specifically refers to the ‘production of fruit and nuts’. As ‘intensive agriculture’ is not permitted in the Special Rural zone Council has no discretion to approve the use under the Scheme. Gray & Lewis has contacted the applicant and explained the technical difficulties associated with the landuse definitions under the Scheme. Pawlonia tree growing and harvesting The ‘intensive agriculture’ definition does not encompass the proposed growing and harvesting of pawlonia trees.


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As the growing area for the pawlonia trees is only 2 hectares, it cannot be classified as a ‘plantation’ as the plantation definition under the MST and Timber Code of Practice is for growing areas exceeding 10 hectares. There is no specific landuse definition that covers the growing of pawlonia trees. Gray & Lewis is of the view that the ‘closest fit’ definition is ‘agroforestry’ defined under the Model Scheme Text as ‘means land used commercially for tree production and agriculture where trees are planted in blocks of more than one hectare’. Whilst the pawlonia trees will be harvested they will re-grow hence it is similar to agroforestry. The landuse of ‘agroforestry’ is not listed in ‘Table 1 – Zoning Table’ under the Scheme. It is recommended that Council process the ‘agroforestry’ component of the application as a ‘Use Not Listed’. Council has 2 options when dealing with a ‘Use Not Listed’ in accordance with Clause 3.2.5 of the Shire of Narrogin Town Planning No 2 as follows:

(a) Determine that the use is not consistent with the objectives of the Special Rural zone and is therefore not permitted;

(b) Determine by absolute majority that the use may be consistent with the objectives of the Special Rural zone and thereafter follow the advertising procedures of sub-clause 6.3 in considering an application for planning approval.

It is recommended that Council pursue option (b) as:

The proposed growing of Pawlonia trees is ancillary to existing special rural activities on the site;

The Pawlonia tree growing area will not prevent the remainder of the land being continued to be used for special rural purposes;

Harvesting will only be every 10-15 years and the applicant has advised that trees re-grow from the stump; and

The objectives of the Special Rural zone under the Scheme are broad and simply discuss proposals for Special Rural zones being within 10 kilometres of the Town.

Under Option (b) there is compulsory public advertising which allows for consultation with surrounding landowners. To allow for informed advertising, it is recommended that the applicant be requested to lodge a site plan showing the location of the growing area proposed for Pawlonia trees with minimum distances shown to shared lot boundaries. It is also recommended that the applicant be given opportunity to revise the proposal to allow for 6 hectares of pawlonia tree growing. STATUTORY ENVIRONMENT: Town Planning Scheme No.2 It should be noted that under the

Draft Town & Shire of Narrogin Joint Local Planning Scheme No 3, the provisions are more flexible and it proposes to give Council discretion to consider ‘intensive agriculture’ in Rural Residential and Small Rural Holding zones (if approved by the Minister for Planning).


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POLICY IMPLICATIONS: Nil FINANCIAL IMPLICATIONS: The Shire will pay Gray & Lewis for

planning advice. STRATEGIC IMPLICATIONS: Nil Recommendation That Council:

1. Pursue Option 1 as outlined in this report and construe that the proposed growing of macadamia trees and juju berries is ‘intensive agriculture’ which is not permitted in the ‘Special Rural’ zone under the Shire of Narrogin Town Planning Scheme No 2.

2. Determine by Absolute Majority that the proposed growing of pawlonia trees (agroforestry) may be consistent with the objectives of the Special Rural zone and thereafter follow the advertising procedures of sub-clause 6.3 in considering an application for planning approval.

3. Advise the applicant that: (i) The proposed growing of macadamia trees and juju berries is

construed as an ‘intensive agriculture’ which is specifically defined in the Shire of Narrogin Town Planning Scheme No 2 as including ‘the production of fruit and nuts’ so unfortunately Council has no discretion to consider approval of the use in the Special Rural zone.

(ii) Whilst berry and fruit growing for commercial gain cannot be considered, Council has discretion to consider a revised proposal for 15 acres (6 hectares) for pawlonia trees however the application will need to be advertised to surrounding landowners.

(iii) Prior to commencing advertising, the applicant is requested to lodge a site plan showing the location and size of the tree growing area and the distance between growing areas and any shared boundaries. This will enable informed consultation with nearby and adjacent landowners.

(iv) The Shire anticipates that there will be more flexibility for Council to consider ‘intensive agriculture’ uses on the lot once the Draft Town & Shire of Narrogin Joint Local Planning Scheme No 3 becomes finalised, therefore there may be opportunity whereby you the applicant may lodge a future application to grow juju berries and macadamia nuts.

4. Authorise the Chief Executive Officer to refer the application to nearby and adjacent landowners for a minimum public comment period of 21 days in accordance with Clause 6.3 of the Shire of Narrogin Town Planning Scheme No 2, on receipt of a plan by the applicant.

VOTING REQUIREMENTS: Absolute Majority

shire of narrogin implications: include an allocation in the 2015/16 budget for fencing maintenance...

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