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Shire of Capel
AGENDA
ORDINARY COUNCIL MEETING
Wednesday, 23 September 2009
Commencing at 4.30pm in the Council Chambers at
the Shire Offices, Forrest Road, Capel.
FINANCIAL INTEREST
(Effective 1 July 1996)
A financial interest occurs where a Councillor, or a person with whom the
Councillor is closely associated, has a direct or indirect financial interest in the
matter. That is, the person stands to make a financial gain or loss from the
decision, either now or at some time in the future.
An indirect financial interest includes a reference to a financial relationship
between that person and another person who requires a Local Government
decision in relation to the matter.
Councillors should declare an interest:
a) in a written notice given to the CEO before the meeting; or
b) at the meeting immediately before the matter is discussed
A member who has declared an interest must not:
* preside at the part of the meeting relating to the matter; or
* participate in, or be present during any discussion or decision making
procedure relating to the matter,
unless the member is allowed to do so under Section 5.68 or 5.69, Local
Government Act (1995).
Ref: Local Government Act 1995 Division 6 - Disclosure of Financial Interest.
Specifically Sections 5.60, 5.61, 5.65 and 5.67.
DISCLAIMER
No responsibility whatsoever is implied or accepted by the Shire of Capel for any
act, omission or statement or intimation occurring during Council/Committee
meetings or during formal/informal conversations with staff. The Shire of Capel
disclaims any liability for any loss whatsoever and howsoever caused arising out
of reliance by any person or legal entity on any such act, omission or statement
or intimation occurring during Council/Committee meetings or discussions.
Any persons or legal entity who acts or fails to act in reliance upon any
statement does so at that person’s or legal entity’s own risk.
In particular and without derogating in any way from the broad disclaimer above,
in any discussion regarding any planning application or application for a licence,
any statement or limitation of approval made by a member or officer of the Shire
of Capel during the course of any meeting is not intended to be and is not taken
as notice of approval from the Shire of Capel. The Shire of Capel warns that
anyone who has an application lodged with the Shire of Capel must obtain and
only should rely on WRITTEN CONFIRMATION of the outcome of the
application, and any conditions attaching to the decision made by the Shire of
Capel in respect of the application.
SHIRE OF CAPEL
NOTICE OF AN ORDINARY COUNCIL MEETING
THE NEXT ORDINARY MEETING OF COUNCIL WILL BE HELD IN THE COUNCIL CHAMBERS ON
WEDNESDAY, 23 SEPTEMBER 2009 COMMENCING AT 4.30PM.
PF Sheedy
CHIEF EXECUTIVE OFFICER
17 September, 2009
AGENDA
Table of Contents
1 DECLARATION OF OPENING/ANNOUNCEMENT OF VISITORS ....................... 3
2 RECORD OF ATTENDANCE/APOLOGIES/LEAVE OF ABSENCE (PREVIOUSLY
APPROVED) .................................................................................................. 3
3 RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE ............... 3
4 PUBLIC QUESTION TIME .............................................................................. 3
5 APPLICATIONS FOR LEAVE OF ABSENCE ...................................................... 3
6 DECLARATION OF INTEREST ........................................................................ 3
7 NOTICE OF ITEMS TO BE DISCUSSED BEHIND CLOSED DOORS .................... 3
8 CONFIRMATION OF MINUTES ....................................................................... 3
9 ANNOUNCEMENTS BY PERSON PRESIDING WITHOUT DISCUSSION............. 3
10 PETITIONS/DEPUTATIONS/PRESENTATIONS .............................................. 3
11 MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN .......................... 3
12 QUESTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN....................... 3
13 ENVIRONMENTAL HEALTH SERVICES REPORTS............................................ 4
13.1 ENVIRONMENTAL HEALTH SECTION............................................................. 4
14 PLANNING AND DEVELOPMENT SERVICES REPORTS .................................... 4
14.1 BUILDING SERVICES SECTION ..................................................................... 4
14.2 PLANNING SERVICES SECTION .................................................................... 4
14.2.1 Tennis Court – Lot 1974 Katinka Street, Dalyellup (C5.2.D.64) ............................. 4
14.2.2 Subdivision – Lot 173 Roe Road, Capel (C5.1.C.72) ........................................... 10
14.2.3 Town Planning Scheme No 3 – Scheme Costs for 2009/2010 (C5.33.00v18)......... 18
15 TECHNICAL SERVICES REPORTS................................................................. 20
15.1 TECHNICAL SERVICES SECTION ................................................................. 20
16 CORPORATE AND COMMUNITY SERVICES REPORTS ................................... 20
16.1 GOVERNANCE ............................................................................................. 20
16.1.1 Council Meetings – December/January ............................................................. 20
16.1.2 State Government Regional Cabinet Program.................................................... 22
16.1.3 Councillor Vacancies – Resignation of Councillors .............................................. 24
16.2 COMMUNITY SERVICES SECTION ............................................................... 28
16.2.1 Trails Master Plan.......................................................................................... 28
16.3 FINANCE AND RATING SECTION ................................................................ 45
16.3.1 Accounts Due and Submitted for Authorisation.................................................. 45
16.3.2 Accounts Paid During the Month of August 2009 ............................................... 49
16.3.3 Discretionary Donation – Children’s Leukaemia and Cancer Research Foundation .. 56
16.4 COMMUNITY RANGER SERVICES ................................................................ 58
17 NEW BUSINESS OF AN URGENT NATURE .................................................... 58
18 PUBLIC QUESTION TIME ............................................................................ 58
19 MOTIONS WITHOUT NOTICE (ABSOLUTE MAJORITY BY COUNCIL) ............ 58
20 NOTICES OF MOTION FOR CONSIDERATION AT THE NEXT ORDINARY
MEETING OF THE COUNCIL......................................................................... 58
21 ITEMS FOR CONSIDERATION BEHIND CLOSED DOORS............................... 58
22 MEETING CLOSURE..................................................................................... 58
ORDINARY COUNCIL MEETING – (23.09.09) 3
1 DECLARATION OF OPENING/ANNOUNCEMENT OF VISITORS
2 RECORD OF ATTENDANCE/APOLOGIES/LEAVE OF ABSENCE (PREVIOUSLY
APPROVED)
3 RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE
4 PUBLIC QUESTION TIME
5 APPLICATIONS FOR LEAVE OF ABSENCE
6 DECLARATION OF INTEREST
7 NOTICE OF ITEMS TO BE DISCUSSED BEHIND CLOSED DOORS
8 CONFIRMATION OF MINUTES
8.1 Ordinary Council Meeting – 09.09.09
9 ANNOUNCEMENTS BY PERSON PRESIDING WITHOUT DISCUSSION
10 PETITIONS/DEPUTATIONS/PRESENTATIONS
11 MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN
12 QUESTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN
ORDINARY COUNCIL MEETING – (23.09.09) 4
13 ENVIRONMENTAL HEALTH SERVICES REPORTS
13.1 ENVIRONMENTAL HEALTH SECTION
14 PLANNING AND DEVELOPMENT SERVICES REPORTS
14.1 BUILDING SERVICES SECTION
14.2 PLANNING SERVICES SECTION
14.2.1 Tennis Court – Lot 1974 Katinka Street, Dalyellup (C5.2.D.64)
REPORTING OFFICER
George Panorios - Planning Officer 02.09.09
DISCLOSURE OF INTEREST Nil
OWNER/APPLICANT
D Hunt, A McLeod/D’Agostino and Luff Architects
MATTER FOR CONSIDERATION
Planning Consent is sought to the construction of a Tennis Court, associated lighting,
overheight solid fence in front setback area, 3.0m high perimeter fence and
landscaping on lot 1974 Katinka Street, Dalyellup.
ATTACHMENTS
Location Plan
Revised Site Plan
APPLICANT’S SUBMISSION
The applicant has submitted a letter responding to the possible conditions which
Council may impose on a revised site plan and a light spill diagram for the revised
lighting layout.
BACKGROUND
September 2008 – Building license issued for the construction of a two storey
dwelling on the adjoining Lot 1973. The dwelling is currently under construction.
At the same time as submitting this application an application for a reduced setback
to a proposed balcony on Lot 1973 was submitted. The balcony will overlook the
proposed tennis court.
27 May 2009 – Application was presented to Council with a recommendation for
refusal for various reasons. Council did not accept the recommendation and asked
that staff investigate how other local authorities assessed similar applications. The
findings of this investigation are discussed in the Comments section of this report.
17 June 2009 – Staff wrote to the applicant with the results of the above research
and listed the conditions Council may impose if approval was to be granted.
ORDINARY COUNCIL MEETING – (23.09.09) 5
Dalyellup Beach Restrictive Covenants
There are a number of restrictive covenants which apply to the lots in the Dalyellup
Beach area. The covenants are imposed by the developer and subsequent
purchasers of lots and it is their responsibility to enforce the covenants. One of the
clauses of the covenants reads as follows:
“The Transferee covenants with the Transferor:
(2) NOT to construct, erect or install or permit to be constructed, erected or
installed on the land hereby transferred (“the land”):-
(i) Any fence which:-
i. extends forward of the building frontage set back line;”
This covenant requirement has been brought to the attention of Mr Andrew Eaton of
the Satterley Property Group. He has on behalf of the company approved the
proposed tennis court and associated lighting and fencing.
STATUTORY ENVIRONMENT
Town Planning Scheme No. 7
The land is zoned Urban Development Zone R20 under Town Planning Scheme No.7
and has an area of 685m2.
The following clauses of the scheme apply to this development:
1.6 – Scheme Objectives.
The overall Scheme objectives are in part to:
1.6.1 – To direct and control the development of the Scheme area in such a way as
shall promote and safeguard the health, safety, economic and general welfare of its
inhabitants and shall conserve the natural values of the District.
1.6.4 – To provide standards to secure and maintain the orderly and properly
planned development of land within the Scheme area.
3.2 – Zoning Table Appendix 2. The tennis court would fall within the category of
“Recreation Private”. This use is listed as an SA use in a residential zone. This
“means that the use is not permitted unless Council has granted its planning consent
after Notice of the Application has been given in accordance with Clause 8.2 of the
Scheme”.
5.3 Residential Zone
5.3.1 - Council's objectives in controlling development within the Residential Zone are
in part to:
(b) Promote and safeguard the health, safety, convenience, general welfare and the
amenities of residential areas and their inhabitants.
5.10.2 - Objectives for Urban Design in the Urban Development Zone
(a) To provide for the development of a functional and cohesive community
consistent with the orderly and proper planning and in the interest of the
amenity of the Urban Development Zone,
ORDINARY COUNCIL MEETING – (23.09.09) 6
6.2 Streetscape Requirements
Performance Criteria 5: Front walls and fences to promote surveillance and enhance
streetscape, taking account of:
• the need to provide protection from noise and headlight glare where roads are
designated as primary or district distributors or integrator arterials; or
• the need to provide screening to the front setback; or
• the need to provide privacy to north facing outdoor living areas.
Acceptable Development 5 - Front walls and fences within the primary street setback
area that are visually permeable 1.2 m above natural ground level.
Local Laws Relating to Fencing
7.1 A person shall not, without the written consent of the Building Surveyor, erect a
free standing fence greater than 1200mm in height, within the front setback
area of a Small Residential Lot within the district.
10.2 In determining whether to grant its consent to the erection or repair of any
fence, the local government may consider, in addition to any other matter that it
is authorised to consider, whether the erection or retention of the fence would
have an adverse effect on-
(a) the safe or convenient use of any land; or
(b) the safety or convenience of any person.
POLICY IMPLICATIONS Nil
FINANCIAL IMPLICATIONS Nil
STRATEGIC IMPLICATIONS Nil
CONSULTATION
As was reported previously (Council meeting of the 27/05/09), the proposal was
circulated to four surrounding landowners, one landowner being the developers of the
area (Satterley Property Group). Note: Land to the south and south west of the
subject lot has not yet been subdivided and is in the ownership of the Satterley
Property Group.
Two submissions were received; one from the owner and one from the selling agent
for Lot 1970 Katinka Street (directly opposite the subject lot). Both objected to the
proposal for a number of reasons:
1 The visual effect of the high fence and light poles on the outlook from the lot and
the streetscape.
2 The possible effect on the value of the property.
3 The effect on the “lifestyle” enjoyed by the residents.
As directed by Council, staff have contacted other local authorities to determine the
approach taken in dealing with applications of this nature. The research was
communicated to the applicants along with possible conditions Council may choose to
impose if the application was to be approved.
ORDINARY COUNCIL MEETING – (23.09.09) 7
COMMENT
As required by Council, staff investigated how other local authorities determine
tennis courts in a residential areas and the advice received is as follows:
Shire of Busselton – Several courts approved (subject to conditions) but none in
front setback area. A recent residential tennis court approval demonstrates that
lighting systems are available which cut light spill to 3 lux within 3 metres of the
tennis court.
Shire of Dardanup – None approved in residential areas.
City of Joondalup – no recent approvals, Tennis court fencing must be .9m inside
any boundary unless neighbours comments received. Maximum illumination 1.0m
from boundaries must not exceed 10 lux.
City of Mandurah – No specific policy. Several approved but not in front setback
area.
City of Melville – several approved in Applecross area. Maximum four light poles per
court, illumination not to exceed 8 lux at boundary, time limits on the use of lights,
assessment of lighting by expert, landscaping around fencing usually a condition of
approval. Most houses in this area are two and three storey thus high fences are
not out of scale with built structures in the streetscape.
City of Stirling – No specific policy, each application taken on its merits. No
approvals issued for fencing near the front boundaries. Landscaping around fencing
usually a condition of approval.
From this research it appears this application is unique as none of the Shires
approached have approved of a tennis court within the front setback area and with
high fences on or near the front boundary on a small residential lot.
Staff conveyed the investigation results to the applicants together with some draft
conditions that staff would recommend to Council.
The applicants have agreed to all conditions except for a condition limiting the height
of the front fencing to a height of 1200mm in lieu of the proposed 1800mm.
In addition to the above investigations and draft conditions the applicants were
advised that the adjoining lot 1975 was now under offer for sale and the Satterley
Property Group had informed the purchasers about the tennis court proposal. The
purchasers have consequently contacted the Shire advising they do not support
fences higher than 1.2 metres in the front setback area as this could restrict their
views to the west and could be a traffic hazard. They did not also support fences
higher than 1.8 metre elsewhere and suggested removable or a windup netting
fence above the fixed fences. Concern was also raised concerning lighting. The
applicants have not responded to this matter.
It is to be noted that the visual impact of the front fence on the streetscape was also
a concern raised from another owner at the time of previous advertising. Staff also
reported to Council that the 1.8 metre high fence in the front setback area was not
considered appropriate as it would form a hard visual impact on the streetscape and
that such a proposal was considered to be inconsistent with the intent of the Scheme
and the requirements of the local laws.
The difference with the new proposal is that the applicants are proposing that the
fence would be solid to 1200mm in height and visually permeable.
ORDINARY COUNCIL MEETING – (23.09.09) 8
The intent of the R Codes in allowing a high screen wall in a front setback area is
intended to provide screening to outdoor living areas (courtyards) and to provide
protection from noise and headlight glare where the land fronts a substantial traffic
road. The proposal in this instance is not providing amenity to the residential use of
the land.
Staff will therefore be recommending to Council that the solid fencing in the front
6 metre setback area (front and side boundaries) not be higher than 1200mm in
height.
Overall the conditions recommended by staff will minimise the impact of the court on
the surrounding neighbours and the streetscape.
STAFF RECOMMENDATION 1
That Council grant Planning Approval pursuant to Clauses 8.3.3 of Town
Planning Scheme No. 7 to the development of a private Tennis Court on
Lot 1974 Katinka Street, Dalyellup subject to compliance with the following
conditions:
1. All development being in accordance with the approved Development
Plan.
2. Lighting associated with the tennis court to be:
(a) Oriented and hooded so the light source is not directly visible
from any road or surrounding property;
(b) There be no more than 4 light poles with a maximum height of
7.0 metres;
(c) A structural detail being submitted to the Shire of Capel from a
consulting engineer for the light poles and lanterns, which
demonstrates that due regard has been given to wind loadings in
this beachfront location, prior to the issue of a building license;
(d) Illumination measured at the lot boundaries not to exceed 3 lux;
and
(e) A time clock being included in the lighting circuit to ensure that
floodlights are extinguished between the hours of 9.00pm and
7.30 am Sunday to Thursday and 10.00pm and 7.30am Friday
and Saturday.
3. Upon completion of the lighting an independent lighting engineer
submitting a report to the Shire of Capel to confirm that the above
standards have been complied with to the satisfaction of the Director
Planning and Development Services;
4. A plan being submitted for approval prior to construction of the tennis
court showing finished levels of the court and details of stormwater
disposal to the satisfaction of the Director Technical Services;
5. Plans, elevations and details (including colours and materials) of all
fencing to the lot to be submitted for approval by the Director Planning
and Development Services prior to issue of a Building License (class 10B
structure).
ORDINARY COUNCIL MEETING – (23.09.09) 9
6. Should any complaints be made with regard to the tennis court activity,
Council reserves the right to review the approval and any conditions
relating thereto. This may include but not be limited to the hours of
operation of the activity and associated lighting.
7. A Section 70A notification be placed on the title of the lot prior to
commencement of construction to enforce Condition 2 above relating
to lighting levels and restricted hours of operation of the lights.
8. A sign being placed on the front fence of the court advising that the
court is approved to have lighting between the hours stipulated under
Condition 2, to the satisfaction of the Director Planning and
Development Services. The sign to always remain visible as viewed
from the street.
VOTING REQUIREMENTS
Simple majority
STAFF RECOMMENDATION 2
That Council resolve that in addition to recommendation 1 above that approval
of the private tennis Court on Lot 1974 Katinka Street be subject to
compliance with the following conditions relating to fencing:
1. Fencing to the front boundary to be setback 1.0m inside the boundary, to
be solid to 1.2m with mesh or permeable fencing above to a height of no
more than 3.0m. The 1.0m setback area to be landscaped with the
landscaping to spill onto the road reserve and the landscaping to comply
with the Shire policy regarding landscaping on road verges. A landscape
plan to be submitted for approval by the Director Planning and
Development services prior to the commencement of development.
2. Solid fencing to the eastern boundary to be no higher that 1.2m high in
the 6.0m front setback area and no higher than 1.8m high for the
remainder of the length of the lot. Mesh fencing to the tennis court on
this side to be no higher than 3.0m and setback a minimum of 1.0m from
this boundary.
3. Solid fencing to the south and west boundaries to be no higher than 1.8m.
The wire mesh fence to these boundaries to be setback 1.0m from the
boundaries and be no higher than 3.0m.
4. All 1200mm and 1800mm fencing to comply with the Shire of Capel
Local Laws relating to fencing and the Dividing Fences Act.
VOTING REQUIREMENTS
Simple majority
ORDINARY COUNCIL MEETING – (23.09.09) 10
14.2.2 Subdivision – Lot 173 Roe Road, Capel (C5.1.C.72)
REPORTING OFFICER
I Hastings – Planning Officer 07.09.09
C Burwood – Director Planning & Development Services 07.09.09
DISCLOSURE OF INTEREST Nil
OWNER/APPLICANT
DR Carter/PPAC Consultants
MATTER FOR CONSIDERATION
Council has received a referral from the Western Australian Planning Commission
requesting comments on an amended plan of subdivision for Lot 173. It is proposed
to subdivide the land into three (3) lots ranging in size from 1670m2 to 2000m2. All
lots are proposed to gain access from Tucker Street. A 10m wide buffer strip is
proposed along the Roe Road frontage of the lots. The plan supersedes an earlier
plan that proposed 8 lots.
Agreement is also required to purchase a portion of Lot 19 Maslin Street to provide
access to Recreation Reserve 37646.
ATTACHMENTS
• Location Plan
• Subdivision Plan
APPLICANT’S SUBMISSION
The applicant has submitted a plan showing the proposed lot layout in addition to
various information which is summarised as follows:
• The proposal will significantly reduce the impact on the wetland and associated
vegetation in comparison to the earlier application for eight lots.
• Does not consider it appropriate that a condition for cash-in-lieu of Public Open
Space (POS) be applied to the proposal for the following reasons:
- The land cannot be subdivided anywhere near its full extent due to the
presence of wetlands;
- The large lots will have more than sufficient space for the needs of future
landowners particularly when compared to conventional residential lots;
- WAPC Policy does not normally require open space contribution for five
lots or less;
- Section 153 (2) of the Act should not be considered the ‘starting point’ as
to whether cash-in-lieu is applicable as many other matters need to be
taken into consideration;
- To date their consultancy has not been required to contribute cash-in-lieu
for POS for subdivisions of five lots or less;
ORDINARY COUNCIL MEETING – (23.09.09) 11
- The State Administrative Tribunal (SAT) in determining issues on POS has
been mindful of the recommendations of any local endorsed POS Strategy.
In the absence of such a Strategy a condition requiring cash-in-lieu is
unreasonable; and
- A large recreation reserve is located approximately 20m from the lot and
provides sufficient open space for the locality. Active open space is
located on the corner of Buchanan and Roe Roads and in summary; there
is not a deficiency of POS in the vicinity.
BACKGROUND
August 2009 – An application for subdivision of the land into eight (8) lots was
referred from the WAPC. Upon advice from the Department of Environment and
Conservation that the land to the north contains Resource Enhancement Wetlands
and remnant vegetation this plan was withdrawn and superseded by the subject
amended plan for the three lots.
January 2009 – A request to recode Lot 173 from R10/15 to R20 was received. The
applicant was advised that this would be supported in principle given it was
consistent with the adopted Capel Townsite Strategy. A number matters were raised
including:
• A higher level of investigation of the remnant vegetation on the site should
occur, including a flora survey. This comment was based on the lack of
information on the remnant vegetation on the lot and the experience with other
subdivisions in the area that contained remnant vegetation where the
Environmental Protection Authority raised major concerns and resulted in
substantial redesign;
• A minimum 5m buffer along the northern boundary to protect remnant
vegetation and amenity of the existing path;
• A drainage management plan showing the level of upgrading required in
surrounding drains as a result of the subdivision;
• Acknowledgement that the concept plan submitted did not propose to construct
the unconstructed portions of Roe Road and Merritt Street; and
.
• Payment of cash-in-lieu for public open space to assist Council in achieving
access from Maslin Street to nearby Reserve 37646 given this reserve presently
has no legal road frontage.
September 2008 – A request to recode Lot 173 from R10/15 to R25 was received.
The applicant was advised that this density coding would not be supported for
reasons including that it was inconsistent with the adopted Capel Townsite Strategy.
STATUTORY ENVIRONMENT
Planning and Development Act 2005
The application has been referred to Council for comment and recommendation from
the Western Australian Planning Commission. The Planning and Development Act
requires Council to respond within 42 days.
Section 153
Section 153(2) of the Act allows the WAPC to require Public Open Space where an
application proposes to create not less than three lots.
ORDINARY COUNCIL MEETING – (23.09.09) 12
The Commission may after consultation with the Shire of Capel require a public open
space cash-in-lieu contribution.
Town Planning Scheme No 7
Lot 173 is zoned ‘Residential’ with density coding of R10/15 pursuant to the Shire of
Capel Town Planning Scheme No 7. The lot has an area 5452m2 and has road
frontage to Roe Road, Merritt Street and Tucker Street.
Clause 1.6 states the Scheme Objectives include:
“1.6.1 To direct and control the development of the Scheme area in such a way as
shall promote and safeguard the health, safety, economic and general welfare of its
inhabitants and shall conserve the natural values of the district.
1.6.4 To provide standards to secure and maintain the orderly and properly planned
development of land within the Scheme Area.”
The provisions of Clauses 5.3.1 and 5.3.2 relating to the Scheme’s objectives in
controlling development in the Residential Zone are also applicable to the assessment
of the proposal which state:
“5.3.1 Council’s objectives in controlling development in the Residential Zone are to:
(a) Provide sufficient zoned land in appropriate locations to meet the needs of the
anticipated population without restricting the choice of sites;
(b) Promote and safeguard the health, safety, convenience, general welfare and
the amenities of residential areas and their inhabitants.
5.3.2 Council’s policy in carrying out the objectives for land zoned Residential is as
follows:
(a) Subdivisions shall have regard to any overall structure plan adopted by Council;
and
(b) The Residential Planning Codes shall apply to all residential development as
provided for in this Scheme.”
Clause 5.3.4.1 of the Scheme states the following:
“In the areas coded R10/15 the R10 development standards shall apply unless the
site is connected to a reticulated sewerage system.”
Reticulated sewer is available to the Site and therefore the R15 density code may be
applied.
POLICY IMPLICATIONS
Engineering Policy 16.2 relates to guidelines for Subdivisional Development.
This Policy includes setting subdivision development standards, such as criteria,
specifications for and contributions towards road design, stormwater design and
discharge, footpaths and earthworks.
Engineering Policy 16.8 relating to Drainage Upgrading Contribution.
ORDINARY COUNCIL MEETING – (23.09.09) 13
The Policy sets out criteria for determining a subdivider’s contribution towards
drainage in the South Capel Drainage Catchment.
FINANCIAL IMPLICATIONS
Proposed Subdivision
It is important that Council acknowledges the demand that is arising from subdivision
in Capel. This demand along with the implications of higher densities as a
consequence of the Townsite Strategy will result in pressure for the upgrading of
Council infrastructure. It is important that subdividing landowners contribute to the
upgrading of the infrastructure and services to accommodate the increase in
population that will result from development of new lots.
With respect to previous subdivision applications in the town and on Roe Road, the
imposition of additional lots has resulted in the need for financial contributions
towards the upgrade of roads, drainage, dual use footpaths. A financial contribution
to drainage and dual use path contributions will be applicable to the application for
Lot 173. No road upgrading contribution for Tucker Street will be requested given it
is recommended later in this report that a contribution towards construction of the
portion of Merritt Street fronting Lot 173 between Roe Road and Tucker Street as a
condition of subdivision be made.
Access to Reserve 37646
As will be detailed later in this report, it is proposed that Council commence
negotiations with the owner of Lot 19 Maslin Street over the purchase of a small
portion of the land for the purposes of amalgamation with Reserve 37646. This
reserve presently has no road frontage or formalised public access. The small
portion proposed to be amalgamated, combined with the provision of a Public Access
Way along the south west boundary of Lot 173 as part the subject subdivision, will
enable access to the reserve to be achieved. Purchase of the portion of Lot 19 will
have negligible financial implications to Council given it involves an area of
approximately 90m2 and could be funded by cash-in-lieu of POS from the subdivision
of Lot 173 or other lots in the locality.
STRATEGIC IMPLICATIONS
Capel Townsite Strategy
The adopted Capel Townsite Strategy incorporates the Capel Townsite Structure Plan
which identifies Lot 173 as ‘Residential’ with a density coding of R20. The proposed
subdivision has a significantly lower density (equivalent to R7.5) than the R20 of the
Strategy or the current R10/15 coding in the scheme. This is primarily due to the
need to address the environmental (wetland and remnant vegetation) issues raised
by DEC as part of the subdivision referral process. Such advice was not provided by
the DEC as part of the referral of the Draft Townsite Strategy which raises concerns
about the realisation of residential densities on other lots in the town.
Notwithstanding this, the subject proposal is still generally consistent with the intent
of the Strategy including the following key Aims and Objectives:
3. “Promote the growth of the town in a manner that is sustainable and retains the
existing natural and built form character.
4. Enhance the character of the town through improved townscape outcomes with a
focus on the town centre and a high quality of residential development and
design.
ORDINARY COUNCIL MEETING – (23.09.09) 14
5. Provide for a variety of development to meet the needs of the community with
regard to housing, employment and services, and to facilitate the provision of a
wide range of social and cultural facilities and services.
6. Improve pedestrian and cycle access within and around the town and ensure safe
and convenient movement of people, including for pedestrians, cyclists and
motorists.
7. Protect and enhance the natural character and environmental attributes within
and surrounding the townsite with an emphasis on the Capel River, remnant
vegetation and wetlands.”
The appropriate subdivision and development of this land will satisfy the objectives
and achieve the outcomes of the Strategic Plan.
CONSULTATION Nil
COMMENT
There are a number of issues relevant to the proposed subdivision of Lot 173 Roe
Road, Capel. These are discussed below:
Lot Access
The subdivision proposes frontage and access to Tucker Street. This is considered
appropriate given the environmental constraints of utilising Roe Road for vehicle
access/crossover. It will be important however to ensure that the Roe Road frontage
of these lots is not utilised for vehicle access in the future given these environmental
constraints and that Roe Road is largely unconstructed along this frontage. This can
be achieved by application of a restrictive covenant over the subject portion of the
lots pursuant to Section 129BA of the Transfer of Land Act.
District Level Access
The Draft Capel Townsite Transport Study has recently been prepared. This Study
was commissioned as a high priority action of the Capel Townsite Strategy with one
of the aims being to plan for a highly accessible and integrated road and pedestrian/
cycle network to service the town as it grows. The Draft Study recommends that
Roe Road be extended to connect to Maslin Street as a strategic route between the
town centre and the industrial area. Further investigation of this route indicates that
there are a number of significant environmental constraints to this connection
including the existence of a conservation category wetland and remnant vegetation
and lack of surety over the future connection of Maslin Street to Spurr Street. This
link would also involve a high cost to Council including:
a) Construction of the balance of the existing Roe Road reserve and any extension
and;
b) Purchase of the freehold ‘Residential’ zoned Lot 19 to the west.
Given the above, a meeting was convened between the Shire, DEC and Department
of Planning to reach an agreement on a future alternative access (other than Reid
Avenue) between the town centre and industrial area. The outcome of this was that
an alternative route comprising Roe Road, Merritt Street and Tucker Street
(connecting to Spurr Street) would be appropriate even though it would be
marginally less direct than the Roe Road/Maslin Street link. This alternative would
also only involve the construction of small portions of Merritt Street and Tucker
Street.
With regard to the subject subdivision, Lot 173 fronts the subject portion of Merritt
Street (between Roe Road and Tucker Street) and is therefore critical to the
permeability of the area. It is therefore reasonable for a contribution to be made to
the construction of this portion of Merritt Street as part of the subject subdivision.
ORDINARY COUNCIL MEETING – (23.09.09) 15
The potential for future subdivision of proposed Lot 1 adds to the justification for this
road contribution as this would require access/frontage to this section of Merritt
Street.
Access to Reserve 37646
Reserve 37646 has been identified in an informal working document of staff for a
number of years as being well located to provide low key recreation for residents of
this locality. The land has obviously been severely constrained by the lack of road
frontage to allow legal public access. Maintenance to the reserve by Shire staff can
currently only be achieved by crossing private land.
It is therefore proposed that Council commence negotiations with the owner of Lot
19 Maslin Street over the purchase of a small portion of Lot 19 for the purposes of
amalgamation with Reserve 37646. This would enable the reserve to be connected
to Tucker Street via a Public Access Way created as part of the subject subdivision.
This will require a 6m wide (approximately 190m2) portion along the south west
boundary of Lot 173 (proposed Lot 3) to be ceded to Council as part of the subject
proposal.
It is not however proposed to burden the subdivider with the requirement to
construct the pedestrian access way as it is considered that this is a cost that
Council should incur given the benefit to the overall locality.
Public Open Space
Cash-in-lieu of Public Open Space (POS) will be required to be paid as part of the
subdivision of the land in accordance with Section 153(2) of the Planning and
Development Act which allows the WAPC to require POS where an application
proposes to create more than two lots. Whilst the applicant has raised a number of
reasons as to why cash-in-lieu for POS should not be applied there is significant
justification for the application of such to the subdivision of Lot 173 including:
i) The infill sewer programme along with increased densities has resulted in
ongoing ‘infill’ subdivision in Capel which increases demand for POS by residents.
This subdivision is occurring in many areas that are either deficient in POS due
to inadequate contribution of original subdivisions and/or have a lower level of
facilities within POS. Given the above, Council has required POS cash-in-lieu be
paid for other subdivisions (including for two lots) in the Capel townsite including
on Roe Road.
ii) The area surrounding Lot 173 generally has a low proportion of useable POS in
addition to POS reserves that require substantial upgrading. In this regard,
Reserve 28743 to the north west whilst being in close proximity to Lot 173
essentially only serves a passive POS function given its highly vegetated nature
and use for drainage purposes. When combined with Reserve 37646
immediately to the west which has no access or facilities, it is clear that there is
a deficiency in useable POS for residents in the immediate area.
Given the above it is considered completely reasonable to require a cash-in-lieu
contribution for the subject proposal as facilitated by Section 153 of the Act. These
cash-in-lieu funds could then assist in purchasing portion of adjoining Lot 19 (in
addition to providing playground facilities) to be amalgamated with and enable
public access to Reserve 37646. This would be of great benefit to residents in the
area including future residents of the proposed lots.
Buffer Strip
ORDINARY COUNCIL MEETING – (23.09.09) 16
The 10m buffer strip proposed along the Roe Road frontage is supported though the
likelihood of gaining support from an appropriate body to apply a restrictive covenant
to this area is very low.
STAFF RECOMMENDATION
That Council resolves:
1) To advise the Western Australian Planning Commission that Council
would support the plan of subdivision for Lot 173 Roe Road, Capel
subject to the following conditions:
a) Satisfactory arrangements being made with the Shire of Capel for
contribution towards the construction of Merritt Street along the full
length of the frontage of the subject land;
b) A 6m wide portion of land in the south west corner of Lot 173 being
transferred free of cost to the Crown for the purposes of Public
Access Way to provide access from Tucker Street to Reserve 37646;
c) The land being filled and/or drained at the subdivider’s cost to the
satisfaction and specification of the Shire of Capel and any
easements and/or reserves necessary for the implementation
thereof, being provided free of cost to the Council and in accordance
with its requirements;
d) The land being graded and stabilised to the satisfaction of the Shire
of Capel;
e) Satisfactory arrangements being made with the local authority
whereby a Restricted Covenant pursuant to Section 150 of the
Planning Development Act is placed on the titles of proposed lots 1,
2 and 3 preventing direct vehicle access to Roe Road and the
truncation with Merritt Street.
f) The applicant/owner is to provide a geotechnical report certifying
that the land is physically capable of development prior to the
commencement of site works, to the satisfaction of the Shire of
Capel;
g) The proposed lots being connected to a reticulated sewerage system
and scheme water supply to the satisfaction of the Water
Corporation;
h) Satisfactory arrangements being made for the upgrading of the local
drainage system at the applicants’/owners’ cost to the specification
and satisfaction of the Shire of Capel;
i) Suitable arrangements being made for the connection of the land to
the district drainage system at the applicants’/owners’ cost to the
satisfaction of the Shire of Capel;
j) Satisfactory arrangements being made with the Shire of Capel for
contribution towards dual use paths along the Merritt and Tucker
road frontages of the subject land;
ORDINARY COUNCIL MEETING – (23.09.09) 17
k) The subdivider to pay a cash-in-lieu of public open space
contribution for an area of land being equivalent to at least 10
percent of the gross subdivisible area of the subject land as per
Section 153 of the Planning and Development Act, 2005, and without
any payment of compensation by the Crown.
2) That the Director Planning and Development Services commence
processes associated with the purchase of the southern portion of Lot
19 Maslin Street (and the amalgamation of this with Reserve 37646) by
the use of cash in lieu public open space funds, when the Subdivision
Deposited Plan of Survey process has been completed for the proposed
subdivision.
VOTING REQUIREMENTS
Simple majority
ATTACHMENT TO ITEM 14.2.2
ATTACHMENT TO ITEM 14.2.2
ORDINARY COUNCIL MEETING – (23.09.09) 18
14.2.3 Town Planning Scheme No 3 – Scheme Costs for 2009/2010 (C5.33.00v18)
REPORTING OFFICER
G Bishop – Strategic Planning Officer 03.09.09
C Burwood – Director Planning & Development Services 03.09.09
DISCLOSURE OF INTEREST Nil
OWNER/APPLICANT Nil
MATTER FOR CONSIDERATION
Adoption of the rate per hectare for contributions to the Scheme Costs Schedule to
be paid by subdividing land owners within Town Planning Scheme No 3 and receipt of
the annual accounts.
ATTACHMENTS
The Income and Expenditure Statements for the year ended 30 June 2009 and an
updated Schedule of Scheme Costs are included as attachments to this report.
APPLICANT’S SUBMISSION Nil
BACKGROUND
Minute No OC0806 of 2008 refers. Council adopted a Scheme Cost rate of $1874 per
hectare for the 2008/2009 year.
STATUTORY ENVIRONMENT
Town Planning Scheme No. 3 provides for the adoption of a Schedule of Scheme
Costs for works, such as drainage and road widening, that are required to facilitate
the coordinated subdivision of the Scheme area that covers the Gelorup Residential
R2.5 zone. Subdividing land owners are required to contribute to the cost of scheme
works in a ratio to the area of land being subdivided. They must also pay separate
land value contributions to offset the cost of acquiring centralised areas of POS land
and areas of road widening within the Scheme.
POLICY IMPLICATIONS Nil
FINANCIAL IMPLICATIONS
Town Planning Scheme No 3 is a self-funded programme that on balance does not
have an affect on the Shire’s operating budget.
STRATEGIC IMPLICATIONS
Strategic Plan 2009 to 2020
Key Focus Area: Environment
An action under this key focus area requires Council to facilitate the subdivision of
the Gelorup Residential Zone through the Guided Subdivision Town Planning Scheme
No. 3.
` Adoption of the recommendations of this item are important considerations for the
ongoing financial management of the Scheme.
ORDINARY COUNCIL MEETING – (23.09.09) 19
COMMUNITY CONSULTATION Nil
COMMENT
The Scheme only received income via interest earned on the bank account dedicated
to the Scheme as no subdividers proceeded to final clearance stage within the
2008/09 financial year. A refund of $113.64 of GST was also received. Income is
allocated proportionally to the items listed on the Income Statement.
Expenditure for the year consisted of recovery of Administration costs related to staff
time, a small bank fee and payment to Urban Focus of their final account associated
with the past preparation of a Scheme Cost Assessment for a subdivider.
Total income less total expenditure is consistent with the dedicated Bendigo Bank
account balance at 30 June 2009 of $331,529.57.
The Schedule of Scheme Costs has been updated consistent with the Income and
Expenditure Statements and the estimated costs for items yet to be completed has
been increased by 3%. This is slightly higher than the report CPI of 2.2% as civil
construction works costs tend to be higher. The balance to collect amount of
$169,516.20 divided by the balance area to subdivide gives a new rate per hectare
for subdivider contributions of $1,892.
STAFF RECOMMENDATION
That Council resolves to:
1 Receive the Income and Expenditure Statements for Town Planning
Scheme No 3 to 30 June 2009; and
2 Adopt the Schedule of Scheme Costs for 2009/2010 financial year with a
Scheme Cost rate of $1,892 per hectare.
VOTING REQUIREMENTS
Simple majority
ATTACHMENT TO ITEM 14.2.3
ATTACHMENT TO ITEM 14.2.3
ORDINARY COUNCIL MEETING – (23.09.09) 20
15 TECHNICAL SERVICES REPORTS
15.1 TECHNICAL SERVICES SECTION
16 CORPORATE AND COMMUNITY SERVICES REPORTS
16.1 GOVERNANCE
16.1.1 Council Meetings – December/January
REPORTING OFFICER
PF Sheedy – Chief Executive Officer 15.09.09
DISCLOSURE OF INTEREST Nil
OWNER/APPLICANT
Shire of Capel
MATTER FOR CONSIDERATION
Determining the dates for the Council meetings in December 2009 and January 2010
ATTACHMENTS Nil
APPLICANT’S SUBMISSION
Detailed in the comments section
BACKGROUND
In past years Council has only had one meeting in December on the second
Wednesday of the month and in recent times it has also moved to only have one
meeting in January, being the fourth Wednesday of the month.
STATUTORY ENVIRONMENT Nil
POLICY IMPLICATIONS Nil
FINANCIAL IMPLICATIONS
As Councillors are paid an annual meting fee there is no reduction in Elected Member
costs. However a reduction in meetings will result in some minor savings in meal
costs.
STRATEGIC IMPLICATIONS Nil
CONSULTATION Nil
COMMENT
Since Council dispensed with Committee meetings and moved to two ordinary
Council meetings each month the second meeting in December each year has not
been held as the fourth Wednesday falls very close to Christmas Day and in some
instances on Christmas Eve.
ORDINARY COUNCIL MEETING – (23.09.09) 21
In recent times Council has endorsed the closing of the Shire Office during the
Christmas/New Year period which has allowed staff to have an extended break
during this period. This has generally meant that staff returned to work in the first
week of January leaving insufficient time to prepare the Council agenda.
Consequently the decision has been made to only have one meeting in January each
year, being the fourth Wednesday of the month.
The down side of this format is that it results in a seven week break between Council
meetings which can cause some issues if items have missed the December meeting.
This year we are anticipating having the Capel Recreation building tenders closing in
early December 2009 and it will be difficult to have the tenders assessed by the
consultant and prepare a report for the Council meeting if it is held on the second
Wednesday and staff are very keen to have the successful tendered approved prior
to Christmas.
To reduce this gap in meetings three options are put forward for consideration being:
1. Move the December meeting to the third Wednesday of the month and
leaving the January meeting at the fourth Wednesday, giving a six week
break; or
2. Move the December meeting to the third Wednesday of the month and move
the January meeting forward to the third Wednesday giving a five week
break; or
3. Retain the current format of one meeting in December (2nd Wednesday) and
one in January (4th Wednesday) and make changes on an annual basis if
required.
Finally given that the extended break allows staff to address outstanding issues
during the Christmas/New Year period when no meetings are being held and I am
sure the Councillors enjoy the extended break also, it is recommended that option
one above been endorsed.
STAFF RECOMMENDATION
That Council resolves to move the December 2009 meeting to the third
Wednesday of the month and leave the January 2010 meeting at the fourth
Wednesday, giving a six week break.
VOTING REQUIREMENTS
Simple majority
ORDINARY COUNCIL MEETING – (23.09.09) 22
16.1.2 State Government Regional Cabinet Program
REPORTING OFFICER
PF Sheedy – Chief Executive Officer 15.09.09
DISCLOSURE OF INTEREST Nil
OWNER/APPLICANT
Department of Premier and Cabinet
MATTER FOR CONSIDERATION
Identification of issues that can be included on the agenda to discuss with specific
State Government Ministers when the Regional Cabinet meeting is held in Bunbury
on Sunday and Monday 19 and 20 October 2009.
ATTACHMENTS Nil
APPLICANT’S SUBMISSION
The Premier and Ministers will be visiting the Bunbury region on 19 and 20 October
as part of the 2009 Regional Cabinet Program.
On Sunday 19 October, members of Cabinet will travel to Bunbury before meeting
with members of the community at “Meet the Minister” (from 2pm to 4pm).
Official functions, such as the Cabinet meeting, will be held on Monday 20 October
2009. Representatives from your Council will be invited to attend a Parliamentary
reception later that day.
However, if you would like to meet with one of the Ministers on a specific issue, could
you please make your request known and every endeavour will then be made to
include such a meeting in the Ministers’ itinerary.
BACKGROUND
The Regional Cabinet Program was initiated by the previous State government and it
has been continued under the current government.
STATUTORY ENVIRONMENT Nil
POLICY IMPLICATIONS Nil
FINANCIAL IMPLICATIONS
There are no financial implications relevant to this item.
STRATEGIC IMPLICATIONS
Key Focus Area 5 ‘The Infrastructure Experience’ of the Shire’s Strategic Plan
‘Towards 2020 – A Vision for the Shire of Capel 2009 to 2020’ and specifically
Objective 5.2 ‘Engage in high level advocacy with the State Government and liaise
with other infrastructure providers to obtain best possible levels of service to the
community’ is relevant to this item.
CONSULTATION Nil
ORDINARY COUNCIL MEETING – (23.09.09) 23
COMMENT
The Regional Cabinet meetings provide an opportunity for Council to raise issues that
it believes are outstanding, direct with the relevant State Minister. These can be
issues that Council has not been able to get adequate response or satisfaction from
the Minister or his/her relevant state government departments or they can be issues
that have not been adequately addressed previously or will arise in the future such
as budget consideration.
In considering issues to raise they can be relevant just to the Shire of Capel or they
can be of a regional context, but in putting forward issues to discuss we need to be
able to clearly identify what the issues/problems are and what the solution Council is
seeking from the Minister. From a Chief Executive Officer’s perspective the specific
issues that would be worth giving consideration to list for discussion with Ministers
are:
1. The ongoing inability to progress with Education Department of WA the
clearing of trees on the Dalyellup College land adjacent to the Lutheran Ovals
to allow for the expansion of the playing fields.
2. The lack of acquisition of Regional Open Space, as designated under the
Greater Bunbury Regional Scheme, specifically where it relates to beach areas
under private ownership.
3. Ongoing issues of Department of Environment and Conservation requiring
conservation areas (wetlands, remnant vegetation, rare flora etc) to be given
up during subdivisions but then not taking ownership/management
responsibility for them and requesting the local government to accept vesting.
STAFF RECOMMENDATION
That the Chief Executive Officer seek the opportunity to meet with the
relevant State Government Ministers at the Regional Cabinet meeting in
Bunbury on 19/20 October 2009 to discuss the following issues:
1. The ongoing inability to progress with the Education Department of
WA the clearing of trees on the Dalyellup College land adjacent to the
Lutheran Ovals to allow for the expansion of the playing fields;
2. The lack of acquisition of Regional Open Space, as designated under
the Greater Bunbury Regional Scheme, specifically where it relates to
beach areas under private ownership; and
3. Ongoing issues of Department of Environment and Conservation
requiring conservation areas (wetlands, remnant vegetation, rare
flora etc) to be given up during subdivisions but then not taking
ownership/management responsibility for them and requesting the
local government to accept vesting.
VOTING REQUIREMENTS
Simple majority
ORDINARY COUNCIL MEETING – (23.09.09) 24
16.1.3 Councillor Vacancies – Resignation of Councillors
REPORTING OFFICER
PF Sheedy – Chief Executive Officer 16.09.09
DISCLOSURE OF INTEREST Nil
OWNER/APPLICANT
Shire of Capel
MATTER FOR CONSIDERATION
With the resignation of two Councillors, Council needs to determine the date for
holding an extraordinary election and whether it will be an ‘in person’ or postal
election
ATTACHMENTS Nil
APPLICANT’S SUBMISSION Nil
BACKGROUND
Councillors Akl and Fuller Hill tendered their resignation from Council which took
effect on the date it was received by the Chief Executive Officer, being 16 September
2009, creating two Councillor vacancies.
STATUTORY ENVIRONMENT
Local Government Act 1995, section 2.31(4) indicates that the resignation of a
councillor takes effect from the date of delivery of the notice to the Chief Executive
Officer or from a later date specified in the notice.
Local Government Act 1995, section 4.9 in part indicates that:
• An extra ordinary election is to be held on a day fixed by the president in
writing or by the council at a meeting held within one month after the
vacancy occurs.
• The election day fixed for an extraordinary election is to allow enough time for
electoral requirements to comply with, but cannot be later than four months
after the vacancy occurs, unless the Electoral Commissioner approves
otherwise.
Local Government Act 1995, section 4.17(3) indicates that if a councillor’s office
becomes vacant under section 2.32 in a district that has no wards and at least 80%
of the number of offices of member of the council in the district are still filled the
council may, with the approval of the Electoral Commissioner allow (absolute
majority decision required) the vacancy to remain unfilled.
Local Government Act 1995, section 4.20 (1) & (2) in part indicates that the Chief
Executive Officer is the returning officer for a local government election, however a
local government may, having first obtained the written agreement of the person
concerned and the Electoral Commissioner, appoint (by an absolute majority
decision) a person other than the Chief Executive Officer to be the returning officer.
ORDINARY COUNCIL MEETING – (23.09.09) 25
Local Government Act 1995, section 4.20 (4) & (5) in parts indicates that a local
government having first obtained the written agreement of the Electoral
Commissioner, declare (absolute majority decision required) the Electoral
Commissioner to be responsible for the conduct of the election. Such a declaration
has no effect if it is made after the 80th day before an election.
Local Government Act 1995, section 4.37(3) indicates that a new electoral roll need
not be prepared for the election if it is an extraordinary election that is held within
100 days after another election day.
Local Government Act 1995, section 4.61 in part indicates that a local government
may decide (absolute majority decision required) to conduct the election as a postal
election and has no effect if made after the 80th day before election day
POLICY IMPLICATIONS Nil
FINANCIAL IMPLICATIONS
The cost to engage the Electoral Commissioner to conduct a postal voting election
would incur costs of approximately $26,000.
The cost to conduct an election as an in person election with Shire staff running the
election is estimated to be approximately $13,000 (direct costs $8,000 and indirect
$5,000 for Chief Executive Officer & Governance Officer’s time)
The 2009/10 budget includes a provision of $26,000 to conduct the 2009 ordinary
election so any additional election held will result in costs exceeding the budget
allocation by the cost of that election.
If the two Councillor positions are left unfilled it would result in a reduction in elected
member cost of approximately $13,000 per year.
STRATEGIC IMPLICATIONS Nil
CONSULTATION
Any decision not to fill the vacancies will require consultation and approval of the
Electoral Commissioner.
COMMENT
As can be seen from the information provided under the Statutory Environment
heading above, depending on which direction Council decides to pursue, there are a
number of statutory decisions that have to be made quickly. Basically Council has
two options to consider, being:
1. Seek approval not to fill the vacancies and leave them unfilled until October
2011; or
2. Resolve to conduct an extraordinary election, set the date and determine
whether it will be a postal or in person election.
Unfilled Vacancies
The main benefit of proceeding with this position would be financial, in that Council
would not incur the election costs and elected member costs for two councillors.
Whilst the main negatives of this position are considered to be the lack of overall
representation for the community, possible increased workload for remaining
ORDINARY COUNCIL MEETING – (23.09.09) 26
Councillors and the potential for lack of a quorum at council meetings (the meeting
quorum would still be 5).
From reading the Act a decision to leave the positions unfilled until 2011 would not
allow Council to change its mind later on and seek approval to hold an election, say
in 2010.
If Council wished to proceed down this path it is required to seek the approval of the
Electoral Commissioner. However given that Council would not meet the ‘at
least 80% of the number of offices of member of the council in the district
are still filled’ requirement (requires 7.2 Councillors) it is considered
doubtful that the Electoral Commissioner would grant approval to leave the
vacancies unfilled as any decision would be contrary to the Act.
Extraordinary Election
A decision to hold an extraordinary election would result in the benefits and
negatives virtually being reversed to those indicated above in the unfilled vacancy
section.
With the decision to proceed with an extraordinary election there are a number of
statutory decisions that have to be made to comply with the Local Government Act,
as outlined under the Statutory Environment heading above, and to assist Councillors
they are summarised below in the order that decisions need to be made.
Determine the Date of the Election
• This can be made by the Council or the President and if made by Council has
to be within one month of the vacancy occurring (16 October 2009).
• The election date cannot be any later than four months after the vacancy
occurs (16 January 2010) unless the Electoral Commissioner approves
otherwise.
• The earliest date that an election can be held, to allow for all statutory
advertising etc, is 12 December 2009.
• An election date has to be within 100 days of another election day to be able
to use the existing role. This would require an election no later than
25 January 2009.
It is not ideal to be holding an election, especially a postal election, towards the
conclusion of the school holidays and it would mean that the election packages would
be delivered over the Christmas/New Year period, potentially further affecting the
participation rate if an ‘in person’ election was held. The Electoral Commission have
suggested Thursday 17 December 2009.
Determine the Method of Election
• The two options are in person or postal election.
• If the decision is a postal election then it has to be conducted by the Electoral
Commissioner and an absolute majority decision of Council is required.
• If it is an in person election the CEO is the returning officer unless the
Electoral Commissioner approves another person.
ORDINARY COUNCIL MEETING – (23.09.09) 27
• Any decision to have a postal election &/or appoint the Electoral
Commissioner as the returning officer have to be made no later than
28 October 2009 if the 16 January 2010 election date was approved.
In considering the two options Council needs to consider issues other than costs and
some of these are that:
• Past postal elections have achieved a 35-40% participation rate whilst in
person is a bit unknown given that we have moved to postal voting since
2001. However, prior to 2001 when the Council had a wards system in place,
25 -35% return was being achieved.
• Given that all recent elections have been postal voting, it could be expected
that there might be a significant drop in participation when compared to the
pre 2001 period.
• A number of polling booths (6 are suggested) would have to be provided on
the election day with appropriate staff engaged.
Finally in considering all the information and options available, assuming that the
Electoral Commissioner would not grant approval to leave the two vacancies unfilled,
that all recent elections have been by postal voting and it is anticipated that an ‘in
person’ election could see a significant drop in participation, it is recommended that
Council seek to hold a postal voting extraordinary election on the 12 or 19 December
2009. Feedback from the Electoral commission on these dates will be sought prior to
next week’s meeting.
STAFF RECOMMENDATION 1
That Council resolves to hold an extraordinary election on Thursday
17 December 2009 to fill the two vacancies expiring on 15 October 2011, as
a result of recent Councillor resignations.
VOTING REQUIREMENTS
Simple majority
STAFF RECOMMENDATION 2
That Council:
1. Declare in accordance with section 4.20(4) of the Local Government Act
1995, the Electoral Commissioner to be responsible for the conduct of
the December 2009 extraordinary election; and
2. Decide, in accordance with section 4.61(2) of the Local Government Act
1995 that the method of conducting the December 2009 extraordinary
election will be as a postal election.
VOTING REQUIREMENTS
Absolute majority
ORDINARY COUNCIL MEETING – (23.09.09) 28
16.2 COMMUNITY SERVICES SECTION
16.2.1 Trails Master Plan
REPORTING OFFICER
M Plume – Manager Community Services 13.09.09
A Ross – Director Corporate & Community Services 13.09.09
DISCLOSURE OF INTEREST Nil
OWNER/APPLICANT
Shire of Capel
MATTER FOR CONSIDERATION
Adoption of the Shire of Capel Trails Master Plan to guide Council’s future direction in
the development of trails infrastructure.
The acceptance of the actions to be undertaken to commence implementation of the
plan.
Adoption of position statements to guide staff in the implementation of the Trails
Master Plan and responding to submissions received during the advertising of the
Plan.
ATTACHMENTS
The Executive Summary from the Trails Master Plan
Plan 1: Existing trails
Plan 2: Proposed trails
APPLICANT’S SUBMISSION
Consultants Transplan Pty Ltd has submitted the final Shire of Capel Trails Master
Plan with the following recommendations to Council:
• Resolve to endorse the Shire of Capel Trails Master Plan and seek to implement
the recommendations contained therein.
• Refer the Trails master Plan to the Department of Environment and Conservation
(DEC) and seek the continued assistance of the DEC with respect to the
development of trails within the Tuart Forest National Park in accordance with
this plan. In particular, the Shire of Capel is advised to seek to have the
proposed trails for the Tuart Forest National Park included within the
Management Plan currently being prepared by the DEC.
• Consider an annual allocation to supplement grants from other sources to
implement the projects contained within the Capel Trails Master Plan.
• Agree to the Project Team remaining in place to oversee the implementation of
the Trails Master Plan.
• Seek funds from other sources and funding programs for the projects contained
within the Shire of Capel Trails Master Plan.
ORDINARY COUNCIL MEETING – (23.09.09) 29
• If external funding can be sourced, make arrangements for a portion of work
time of an officer of the Shire of Capel to be dedicated to trails and
implementation of this Trails Master Plan.
The Trails Master Plan report consists of the following Sections:
Section 1: Project objectives and methodology
Section 2: Consultation
Section 3: Background information
Section 4: Capel trails supply analysis
Section 5: Links between trails – drive trails
Section 6: Proposed trails and costs
Section 7: Capel river canoe trail
Section 8: Implementation program
Section 9: Interpretation and interpretative signage
Section 10: Trail development considerations
Section 11: Trail management and maintenance
Section 12: Resources and funding opportunities
Appendix 1 Trail maintenance plan pro-forma maintenance checklist
Appendix 2 Trail user survey
Appendix 3 Assessment of submissions
Appendix 4 Plans 1-14
The consultant has identified that trails planning and development consists of the
following stages:
• State Regional Trails Master Plan (if exists)
• Preparation of the Local Government Trails Master Plan;
• Individual trail feasibility Study;
• Trail Development Plan;
• Trail Construction; and
• Trail maintenance.
The following principles were utilised for selection of 15 new trail projects:
• Trail demand – the majority of users are seeking short trail opportunities;
• Community and Project Committee input;
• Value for money (recognising that there will be limited budget). Trail projects
should look to provide value for money and a good return on the investment
made by the council and other land managers. A few high quality, well built,
well maintained and well promoted trails highlighting the best features of the
Shire of Capel is preferable to a large number of poor quality trails badly
constructed and not maintained;
• Practicalities of trail development – costs, land tenure and access,
environmental issues, cultural issues, funding possibilities, possible (on-going)
community support and the possibility of opposition, and the safety of users;
• User experience. Trails have to provide a high quality user experience or else
people will not use them or will not come back – word of mouth is a much
stronger advocacy tool than marketing strategies. The trail projects need to
ensure a high level user experience.
• Combined with the field assessment, consideration of the above elements allows
the determination of the specific trail project.
As set out in the Executive Summary the following trails have been identified as
much needed in the community by residents and are not listed in any particular
ORDINARY COUNCIL MEETING – (23.09.09) 30
order. The prioritisation of the trails will be determined each year by staff and will be
dependent on available resources, funding opportunities and how they link with other
shire projects e.g. townscape strategies. It should be noted that it would be possible
to develop more than one trail at any given point in time due to the variance in
requirements and implementation.
The 15 trail projects are:
1 Mallokup Bridge Heritage Trail Design and Development Project – This project
involves designing and constructing a shared use trail/pathway along the levee
bank alongside the Capel River between the historic Mallokup Bridge and the
Peppermint Grove Beach estate.
2 Capel to Peppermint Grove Beach Trail – This project involves designing and
constructing a dual-use trail between the townsite of Capel and the residential
areas at Peppermint Grove Beach, to enable residents of each area to cycle or
walk between the two settlements.
3 Capel to Boyanup Trail (railway reserve) – This project involves designing and
constructing an 18km dual-use trail within the disused railway reserve between
Capel and Boyanup.
4 Capel Heritage Trail (Design and Development Project) – This project involves
developing a new in-town heritage trail in Capel. The proposed heritage trail
would commence from the Capel Community Centre, and use existing footpaths
where available. In-town heritage trails provide a sign posted and interpreted
route to the most significant sites within a town, thereby informing local people
about their history as well as being an interesting activity for visitors to a town
to enjoy.
5 Boyanup Heritage Trail (Design and Development Project) – This project involves
revamping the old in-town heritage trail in Boyanup – making use of much of the
original information prepared in 1994. The proposed (new) heritage trail would
commence from Fettler’s Park and use existing footpaths where available. A
new section of trail will be required along the northern side of the old railway
between South West Highway and the maze crossing of the railway near the
Boyanup Transport Museum. This heritage trail project will include the
construction of a 2.0 km signposted walk trail, with interpretive panels installed
at historically important sites and building.
6 Ironstone Gully Falls (Trail Design and Development Project) – This project
involves designing and constructing a circuit trail through the Ironstone Gully
Falls Reserve, commencing and finishing at the existing parking and picnic area.
The proposed trail would be approximately 1000m long (20-30 minutes
duration). A circuit trail, heavily interpreted, would be a valuable addition to the
suite of trails available to visitors (and local people).
7 Capel Circuit Trail – This project includes two components: a Capel River Walk
Trail along the banks and floodplain of the Capel River between the proposed
new bridge across the river between Barlee Road and Jamieson Road (near the
school) and the drainage reserve at the western end of town near Hannaby Park
with completion of the circuit by including sections of the proposed in-town
heritage trail (which uses existing footpaths of the town) The focus of this
project is to enable local people to access the river, which forms an integral
component of the town. Numerous background documents have pointed to the
desire of local people to access the river to enjoy its beauty.
8 Tuart Forest Heritage Trail – The tuart forest is the Shire of Capel’s greatest
natural asset. This Trails Master Plan seeks to capitalise on its close proximity to
ORDINARY COUNCIL MEETING – (23.09.09) 31
develop a series of trails that will enable local people, and visitors, to make use
of and enjoy the magnificent forest. The proposed heritage trail would
commence at the Ludlow Settlement and travel through the length of the Tuart
Forest to terminate at a proposed recreation site being proposed by the
Department of Environment and Conservation at the historic limekilns site.
9 Ludlow Settlement Heritage Trail – the Settlement has tremendous potential for
a small heavily interpreted circuit trail. The settlement is partly located within
the Shire of Busselton, and party within the Shire of Capel. The settlement
spans two different land tenures (State Forest and an unallocated reserve) and is
managed by the Department of Environment and Conservation. This project will
involve an assessment of the settlement to determine an appropriate route for a
heritage trail and the works required to develop a walk trail.
10 Capel River Canoe Trail – The Capel River provides an opportunity for a water-
based trail (or canoe trail) taking users to various historic and natural sites along
the river, between the river mouth and Capel Vale Winery. The project is based
around the installation of a number of floating interpretive panels at historic
locations along the river.
11 Capel to Bunbury Links – Though not a trial in its truest sense, this project seeks
to complete several strategically important missing links in the route that could
be traversed by cyclists and walkers between Bunbury and Busselton, via Capel
12 Capel to Ludlow Rail Trail – The railway line between Capel and (the former)
Ludlow station has been closed and disused for many years. Disused railways
make excellent multi-use trails and there are now dozens of rail-trails in
operation around Australia, including the extremely popular Mundaring Railway
reserve Heritage Trail. The project will involve an assessment of the corridor to
determine works required to convert the railway formation into a trail suitable
for cyclists (on mountain bikes) walkers and horse riders.
13 Existing Trails Upgrading Program – Most trails assessed during the preparation
of the Plan were inadequate in some respect (inadequate signage; overgrown
vegetation; erosion; lack of trailside furniture; poor mapping etc). All trails
inspected required some degree of improvement. This project will see
enhancement made to the following trails:
a. Preston River Ramble
b. Joshua Brook Circuit
c. Tuart Walk
d. Dalyellup Bushland Trail
e. Dalyellup Lake Circuit
f. Munda Biddi Trail
The range of improvements required on the existing trails would include:
a. Promotional signage
b. Interpretation (both at trailhead, and along the trail)
c. On-trail directional signage and warning signage
d. Trail surfacing improvements
e. Additional trail clearing and trail realignment
f. Infrastructure / amenities (seats, tables, shelters etc)
14 Drive Trails Project – Recognising the geographically dispersed nature of the
attractions of any Shire, this Trails Master Plan proposed two drive trails that will
take future visitors to a wide range of attractions throughout the Shire and in
particular to the existing and proposed (non motorised) trails of the municipality.
ORDINARY COUNCIL MEETING – (23.09.09) 32
15 Capel Single Track Project – this involves utilising a disused sand quarry on the
edge of Capel for a single track off-road mountain biking course for young
people.
BACKGROUND
Both the Shire’s Strategic Plan 2003-2007 and the Shire’s Sport and Recreation
Strategic Plan 2005-2015 identified the need to develop a Trails Master Plan. In
March 2008 an application was submitted to LotteryWest & Department of Sport and
Recreation to engage a consultant to develop a Trails Master Plan for the Shire. This
application was successful and in September 2008 a request for quotation was sent
to six consultants. Three quotes were received, and in October 2008 Transplan Pty
Ltd was engaged to carry out the work.
A project team of shire staff was formed and this team has worked closely with the
consultant in the development of the plan. Development of the plan has involved a
community consultation process which included articles in the Capel Snippets, a
survey, a public meeting and the call for public comment once the plan was in draft
form.
STATUTORY ENVIRONMENT
Local Government Act 1995
Land Administration Act 1997
POLICY IMPLICATIONS Nil
FINANCIAL IMPLICATIONS
Should Council adopt the Trails Master Plan, implementation of the plan will incur
detailed planning, construction and promotional costs. The consultant has provided
broad estimated costs of development for each trail project.
The report has estimated that an initial 5 year implementation program for the
projects would require capital expenditure of $2,759,790 (not including ongoing
maintenance costs) and an additional $55,000 to market and promote the trails.
Although the consultant has also indicated that implementation could be over a
shorter term if project management and funding was available or alternatively over a
longer time frame of say 10 years providing funding is available. The consultant’s
advice on the implementation time frame has been influenced by significant
government funding being available at the time of drafting the report.
The consultant’s costing and suggested implementation time frame is set out in the
table below.
ORDINARY COUNCIL MEETING – (23.09.09) 33
Trail Estimated Suggested
Costs ex GST Implementation
Year 1-5
Mallokup Bridge Heritage Trail 91,170 1
Capel to Peppermint Grove Beach Trail 900,100 1
Capel to Boyanup (Railway Reserve) 551,870 2
Capel Heritage Trail 39,450 2
Boyanup Heritage Trail 37,950 2
Ironstone Gully Falls 23,050 3
Capel Circuit Trail 142,850 3
Tuart Forest heritage Trail 195,200 3
Ludlow Settlement Heritage Trail 40,500 3
Capel River canoe Trail 28,000 3
Capel to Bunbury Links 477,600 4/5
Capel to Ludlow Rail Trail 10,000 4
Existing Trail Upgrade Program 43,350 1
Drive Trails Project 159,700 5
Capel Single Track project 19,000 3
Total Cost not including GST $2,759,790
Marketing & Promotion Plan 55,000
Total Cost $2,814,790
The consultant has identified a comprehensive list of grant funding opportunities
which would form a significant means of financing the development of new and
upgrading of existing trails. Cost sharing with other government authorities and
opportunities to seek contributions from land developers will also need to be explored
on a case by case basis.
Although substantial grant funding would be sought, it is unlikely that the total
implementation of the plan will be achievable in five (5) years and the costs of
implementing it within this time frame would have an impact upon future year’s
budgets and would be difficult to accommodate, particularly with other competing
demands as the Shire grows. Nevertheless there is a need to address community
needs and expectations, and to continue the momentum of this project it is essential
some priority projects be identified and progressed, and that Council attempt to
continue this momentum on an annual basis.
It is also to be noted that the development of trails will have ongoing management
and maintenance costs which will need to be costed out with the detailed planning
undertaken for each trail.
STRATEGIC IMPLICATIONS
Shire of Capel Strategic Plan 2003-2007
Core Business Area 1: Infrastructure
Objective: Provide and improve sustainable infrastructure to service the changing
needs of the community. Sustainable infrastructure includes pathways and cycle
ways.
ORDINARY COUNCIL MEETING – (23.09.09) 34
Strategy 1: Plan the provision and maintenance of safe and efficient transport
systems. Action 1.9 required the development of a strategy for recreation
walking/riding trails and exploring of funding alternatives to assist funding the
strategy.
Shire of Capel Strategic Plan 2009 – 2020
The Community Experience
Objectives of this key focus area include:
2.1 To provide recreational opportunities for our community.
2.3 To encourage, facilitate and support local community spirit and cohesiveness.
Strategy C2 of this focus area intends to assist in achieving objective 2.1 by planning
to meet the recreational needs of the community by implementing the
recommendations of the Sport and Recreation Strategic Plan (2005-2015). Strategy
C5 promotes that Council will assist to develop links with volunteer community
groups and this may be achieved where opportunities arise for the community to
become involved in the development, use and maintenance of trails. Strategy C6
involves planning for the health of the community and this will be satisfied by the
eventual development of the trails for recreational and exercise benefits.
The Economic Experience
Objectives of this key focus area include:
4.3 Encourage Business development opportunities in the Shire.
4.4 To provide opportunities to take advantage of the Shire’s location.
Strategy Ec2 of this focus area involves encouragement of business development in
the Shire and Strategy Ec3 is intended to facilitate opportunities for economic
development. It is well known that the development of trails can potentially
influence increased tourism and encourage the development of holiday
accommodation along trail routes
The Infrastructure Experience
An objective of this key focus area is to:
5.1 maintain and improve sustainable infrastructure to meet community needs.
Strategy I3 of this focus area intends to plan for and maintain a network of shared
use paths, cycle ways and trails and an action which follows with this is that Council
shall develop and implement a recreational walking/riding trails strategy.
Shire of Capel Sport and Recreation Strategic Plan 2005 – 2015
Key Objective 3: Facility Development, Management and Maintenance – A range of
quality recreation facilities are developed, managed and maintained by working with
partners in the public, volunteer and commercial sectors. Strategy 3.13 requires
that Council undertake a trails inventory and develop a strategic plan for new trails
across the Shire.
Capel Townsite Strategy – July 2008
Strategy: Community Facilities and Recreation
Action: Continue to implement the individual components of the Shire of Capel Sport
and Recreation Strategic Plan 2005-2015 as it relates to the Capel Town.
ORDINARY COUNCIL MEETING – (23.09.09) 35
Strategy: Economy and Employment
Action: Promote and develop strategies to increase tourist visitors to Capel with an
emphasis on heritage and cultural values and facilitate where required the provision
of tourist accommodation within the town.
Action: Develop a heritage based tourist ‘brand’ for Capel (in association with
Boyanup)
Strategy: Environmental Values
Action: Improve public access along the Capel River and the connection between
town and the river via development of a river foreshore master plan to enable
creation of walking trails, boardwalks and viewing platforms with these to be
incorporated into foreshore management plans.
Action; ensure that access along the Capel River is linked to major pedestrian
accessways within the Capel Townsite.
Strategy: Transport and Access
Action: prepare a transport study for the Capel Townsite with the broad objective or
reducing motor vehicle dependence which will incorporate a revised dual use path
strategy that includes a system along the Capel River foreshore and the railway
reserve.
Boyanup Townsite Strategy – Draft February 2009
Strategy: Community Facilities and Recreation
Action: Continue to implement the individual components of the Shire of Capel Sport
and Recreation Strategic Plan 2005-2015 as it relates to the Boyanup Town.
Strategy: Economy and Employment
Action: Promote and develop strategies to increase tourist visitors to Boyanup with
an emphasis on heritage and cultural values and facilitate where required the
provision of tourist accommodation within the town.
Action: Develop a heritage based tourist ‘brand’ for Boyanup (in association with
Capel).
Strategy: Environmental Values
Action: Improve public access along the Preston River and the connection between
town and the river via development of a river foreshore master plan to enable
creation of walking trails, boardwalks and viewing platforms with these to be
incorporated into foreshore management plans.
Action; ensure that access along the Preston River is linked to major pedestrian
accessways within the Capel Townsite.
Strategy: Transport and Access
Action: Prepare a transport study for the Boyanup Townsite with the broad objective
or reducing motor vehicle dependence which will incorporate a revised dual use path
strategy that includes a system along the Preston River foreshore and railway
reserves.
CONSULTATION
November 08 – a user survey was undertaken to determine existing usage of trails
and community needs
December 08 – a public meeting was held to also determine community needs and
views.
July 09 – The draft Trails Master Plan was advertised for public comment and
13 submissions were received. The submissions were in the main positive and
supportive of the plan proposals and some modifications were undertaken to the final
ORDINARY COUNCIL MEETING – (23.09.09) 36
report however there were several matters raised by submitters which Council should
note. Whilst responses to these issues have been addressed in the master plan by
both the consultant and the project team, further comments will be provided within
this report. Issues/matters to note are as follows:
• Horse trails. There were several submissions received identifying concern that
the current recreational horse riding undertaken within the Tuart Forest may be
lost with the Department of Environment and Conservations current development
of management plans for the National Parks.
• Closure of road reserves through the tuart forest. Two submissions were of the
view that Council should not agree to closure of road reserves.
• Development of trails should include stakeholders such as the LCDC.
• Two submissions were received from mountain biking enthusiasts however the
scoping of the needs of this recreational use indicated that it is a specialised
activity which is beyond the intent of the trails plan and is likely to be a facility
that has regional user needs.
• A submission was received from a motor bike (trail bike) enthusiast who
recognised that this use was outside the intent of the trails plan however wanted
Council to note the demands of this user group.
• Concern that specialist input may not be utilised in the preparation of heritage
interpretation within trails.
• Several submissions indicated a desire for picnic tables and benches, seats,
BBQ’s along trails.
• Suggestion that trail links from Capel to Bunbury need to be suitable for road
bikes and sections of road will need widening for safety of users.
• Suggestion that consideration needs to be given to re-opening of the trails within
the Capel Wetlands Centre.
• Consideration needs to be given to affected private land owners who adjoin trails
such as with the Capel Canoe Trail.
COMMENT
The following extracts from the consultant’s report are provided to give Council some
direction on the intent of the study:
The definition of a trail adopted for the purpose of the study was “a recreation trail is
a corridor, route or pathway for recreational purposes such as walking, mountain
biking or recreational horse riding – which passes through or has a strong connection
with the natural environment, open spaces and cultural heritage.”
“The purpose of the Trails Master Plan study was to produce conceptual plans that
identify existing trails and assist in forward planning for the provision of new trails.
The report has therefore detailed existing trails and potential new trails, detailed
management and maintenance requirements of existing trails and the construction
and infrastructure development of new trails.”
“The development of the Trails Master Plan will provide the framework to direct the
planning of the trails in the shire to ensure they are well planned, managed,
resourced, promoted and maintained and where practical, linked to external trail
networks and wider regional trails.”
ORDINARY COUNCIL MEETING – (23.09.09) 37
In terms of progressing the Plan, the Project Committee believe that due to capacity
constraints, new trails will generally be designed in the first year and constructed in
the second year.
In considering the adoption of the Trails Master Plan and associated
recommendations there are a number significant matters which Council should give
regard to and where appropriate provide decisions where they will relate to the
future implementation and development of the plan.
Strategic Planning
It will be noted from the Strategic Implications Section of this report that the
preparation of the Trails Master Plan was initially undertaken to satisfy the Strategies
and required Actions of the overall Shire Strategic Plan of 2003-2007 however the
completion of this study will also equally satisfy the Strategies and Actions of
Council’s recently adopted Strategic Plan 2009-2020. Specifically the plan achieves
the following outcomes:
• Plans for infrastructure to service the changing needs of the community;
• Identifies a strategy to provide recreation walking/riding trails ;and
• Identifies funding alternatives to assist in the development of the strategy.
Adoption of the Master Plan will not however on its own achieve the outcomes of the
Strategic Plan as Council needs to make a financial commitment to the
implementation of the plan by initial construction and future maintenance of the
proposed trails. This implementation will assist to achieve the many other objectives
of the Strategic Plan such as:
• Maximising recreational opportunities for the community;
• Assisting to provide economic opportunities through tourism;
• Provide an opportunity to develop community volunteerism and ethos; and
• Achieving healthier communities.
Apart from the importance of this plan to the overall Shire Strategic Planning
directions it can be seen that this plan has provided links to other Council strategic
documents and management plans and it is considered critical that the
implementation of this plan and the other plans be undertaken in a coordinated
manner. The Trails Master Plan in some respects is considered to be a key document
that will influence the outcome of the other related documents. Other related
documents being:
• The Sport and Recreation Strategic Plan (2005-2015);
• Heritage interpretation Plan 2007
• Municipal Inventory of Heritage Places 1999
• Capel Townsite Strategy 2008
• Draft Boyanup Townsite Strategy 2009
• Draft Peppermint Grove Beach Coastal Management Plan 2009
Land Tenure
It is to be noted that the proposed trails are located over a range of different land
tenures which range from:
ORDINARY COUNCIL MEETING – (23.09.09) 38
• Road reserves – containing constructed formations and currently in use by
motorised vehicles;
• Road reserves – undeveloped;
• National Parks;
• Crown Reserves – other;
• Foreshore Reserves – rivers;
• Railway Reserves;
• On the Capel River;
• Freehold land which will be the subject of future acquisition as crown reserves
(Greater Bunbury Region scheme or by subdivision processes);and
• Freehold land – not subject to future reservation.
Given this range of tenure ,the implementation of the trails in some instances will not
only require progress in other strategic planning documents/projects but also will be
dependent on appropriate land tenure being in place to allow the development of the
trail to proceed. Forward or advanced planning to resolve tenure issues will need to
be undertaken well ahead of the intended planning for the construction of some trails
to ensure timely delivery of the trail.
The following are examples of some of the tenure constraints to delivery of some of
the proposed trails:
• National Parks – The proposed Tuart Forest Heritage Trail and Ludlow
Settlement Heritage Trail are trails located on land under the Management of
the Department of Environment and Conservation(DEC) and therefore any
development of these trails is dependent on agreement with the DEC. It is
understood that the DEC are currently embarking on the preparation of
management plans for the National Parks and it is therefore important that
Council inform the DEC of Council’s adopted Master Plan as soon as possible.
Similarly sections of the Capel to Bunbury trail link adjoin National Parks or
pass through environmentally sensitive areas and the DEC need to be informed
of these proposals. Due to the need to consult with the DEC there is not likely
to be any short term opportunities to develop these trails.
• Railway reserves – The railway reserves are currently managed by the Public
Transport Authority and are subject to consideration of State Government
policies relating to the intent to retain future transport corridors. It is also
noted that Council’s strategic planning documents for Capel and Boyanup towns
have actions promoting the use of the reserves for continued rail use and
recreational use. Council should make it known to all relevant government
authorities of its desire to ensure the railway reservations are retained for
recreational trail link purposes and coupled with this should be requests for
advice on the medium to long term intent of the government to utilise the
railway reserves. Due to the need for this government advice there is not likely
to be any short term opportunities to develop the Ludlow to Capel Trail or the
Capel to Boyanup Trail.
• Road reserves – Generally trails located within road reserves will be the easiest
to develop in terms of reduced land tenure issues. The Capel and Boyanup
Heritage Trails will be within road reserves as will the Drive trails. It is to be
noted that the Capel to Bunbury trail will be dependent on the use of
ORDINARY COUNCIL MEETING – (23.09.09) 39
unconstructed road reserves and when the trail enters the South Dalyellup
locality there may be environmental approvals required and early determination
of this should be sought from the DEC and any urban planning of South
Dalyellup should retain options for this trail in the event difficulties are
experienced with obtaining environmental approvals within road reserves. It is
also noted that a significant link for the Capel to Peppermint Grove Beach Trail
requires the development of a trail within an unconstructed road reserve
(known as the Avenue) that passes through the National Park. There is
currently some pressure to close this road reserve to stop motorised vehicle
access. The loss of Council control over this road reserve may be detrimental
to the achievement of a strategic link to Peppermint Grove Beach and Council
should refuse to agree to any permanent closure of the road. Opportunities to
undertake temporary road closure prohibiting motorised vehicle use or change
of the road reserve to another form of reservation which retains recreational
use should be explored.
• Crown reserves – Development of new trails within crown reserves or
upgrading of existing trails within crown reserves will in some cases be
dependent on a change of the reserve purpose and determining in the first
instance that an existing trail is contained within a reserve and that Council has
the required Management Order to allow it to develop trails and expend funds
on the reserve or an agreement reached with other agencies or stakeholders for
development of a trail. For example in respect to the Capel Single Track Trail
Project this is a disused sand quarry currently being rehabilitated by the Capel
LCDC. The site also has a contaminated site classification due to old building
rubble onsite. Discussions with relevant Shire staff indicate it would be possible
for a joint approach (Capel LCDC and Community) to rehabilitation and track
development on this reserve however the purpose of the reserve would require
changing from sand quarry to some other classification. If this project is to
proceed early discussions and planning should take place with the LCDC. The
Mallokup Bridge Heritage Trail project which will link the Mallokup Bridge to
Peppermint Grove Beach along the Capel River is dependent on agreement
being reached with the Water Corporation to allow public access along the
foreshore reserve which is under its care and control. Staff have already
requested agreement from the Water Corporation as part of the Heritage
Interpretation Project and the Peppermint Grove Beach Foreshore Management
Plan investigations. The Ironstone Gully Falls reserve is under the management
of the Shire of Capel for the purpose of recreation and tenure is not seen as a
problem, however given the natural vegetation existing in this reserve a flora
survey could be required over two spring seasons to determine the location of
flora and establish the most suitable location for the new walk trail. It is
apparent in respect to the Preston River Ramble existing walk trail that
confirmation of the land tenure upon which the trail is located must first be
established before expending any funds on upgrading and maintenance.
Sections of the Ramble are known to be on private land. It is not known at this
stage what is involved in obtaining relevant management approvals to develop
a canoe trail on the Capel River.
• Freehold land – the Capel Circuit Trail at this point in time would substantially
be dependent on the agreement of private land owners to undertake
development. In the future portions of this land would in part become Crown
land under the Greater Bunbury Region Scheme or through the subdivision
process. Some land may remain in private ownership and require
establishment of agreements to allow public access. It is not practical at this
time to pursue development of this trail. Staff are also sourcing comment from
local indigenous groups to determine any objections to the development of the
trail.
ORDINARY COUNCIL MEETING – (23.09.09) 40
Other Issues and Challenges
In addition to the issues of land tenure outlined above the development of a
proposed trail will entail other challenges such as the following:
• Existing land uses such as with farmers grazing unconstructed road reserves.
Determination of boundaries and fencing would be required.
• Extensive consultation with land owners and government agencies.
• Establishing agreements with service authorities to ensure that utilities will not
be indiscriminately located on affected reserves.
• The need to survey land prior to construction to determine flora, fauna and
heritage values.
• The need for engineering design before construction.
• The establishment of a management/maintenance plan for each trail.
• The promotion and public relations programme that will be vital during all stages
of the development and at the completion of each trail.
Regional Opportunities and Benefits for Trails
Council should note that there may be opportunities to jointly work with other
government authorities in the development of regional trail routes and links.
For example the Shire of Busselton in August adopted a ‘rails to trails’ policy. The
Shire recognised that the 92km of former and disused railways in its district had
significant heritage, environmental and recreational value and should be managed
for a strategic purpose of non motorised transport corridors. Reports to the Council
recognised that this rail-trail network might ultimately extend from Boyanup to the
Busselton jetty, from the Busselton jetty to Flinders Bay (Augusta), from Wonnerup
Beach to Nannup and from Quindalup Beach to Metricup. The Council of the Shire of
Busselton adopted a policy which included the objective to promote, develop and
manage (where capable) recreational trails for non motorised transport in rail
reserves and to work openly with neighbouring local governments, land owners and
government agencies towards achieving a regional trails scheme of world class
standard. To achieve this, the rail corridor must be retained as Crown ownership.
It is also known that the Augusta Margaret River Shire have been involved in
undertaking ‘rails for trails’ projects for a number of years.
It is also interesting to note that three local authorities in Victoria (Mitchell Shire
Council, Murrindindi Shire Council and Mansfield Shire Council) have jointly
developed a Concept Plan and Business Plan to develop a rail trail as a major tourism
product for the wider region. It is understood the shires have subsequently secured
substantial government funding to implement the Business Plan.
Constructed, maintained and promoted correctly, this regional trails scheme may
prove to be a major attraction to visitors and tourists to the region looking for hiking,
cycling, heritage, environmental and adventure experiences.
Council should agree to take a similar stance and be open to discussions with
government authorities in the development of regional trail links and should seek to
preserve Crown ownership of land suited to trails use.
ORDINARY COUNCIL MEETING – (23.09.09) 41
Costs and Funding
As detailed in the Financial Implications section of the report, the Consultant has
provided broad cost estimates of each trails project and the details are therefore
subject to confirmation at the design stage. The cost details for each proposed
upgraded or new trail however provide a sufficient basis upon which to estimate
budget and grant application needed for the design stage.
The consultant has also indentified a comprehensive list of funding programs that
could be applied for in respect to the various components of developing a trail. It is
apparent that if all the components of the various trails are to be developed it would
be strategic to break the specific trail project up in a way that allows for funding to
be sourced from a variety of grant applications. For example, the Mallokup Bridge to
Peppermint Grove Beach trail incorporates heritage interpretation, the recreational
use of the trail itself, environmental interpretation and is also incorporated into the
Peppermint Grove Beach Foreshore Management Plan which will create its own
funding opportunities. Also stake holders like the Water Corporation could be invited
to contribute and participate in interpretative displays. In implementation of the
Master plan, staff will maximise grant funding where possible. When determined,
necessary funding would also need to be sourced to employ a project manager.
Maintenance has not been costed in the Master plan however it is intended that this
cost will be worked out as part of the detailed planning of each trail and will be
dependent on materials used in any infrastructure constructed e.g. path material and
whether facilities like seats, BBQ area, parking area and interpretative signage is
used. The consultant has provided a recommended management process for
maintenance purposes. It should also be noted that opportunities should be
explored in the future for the use of community volunteers in maintenance activities.
Trails like the Cape to Cape walk in the Shires of Busselton and Augusta - Margaret
River and the Bibbulmun trail from Kalumunda to Albany are successfully maintained
with support from community volunteers. Engaging of the community in this Plan
will also assist to achieve the objectives of Council’s strategic document as it relates
to encouraging volunteerism and developing community ethos.
Apart from the development/construction and upgrading of the trails, it would be
essential to prepare a marketing and promotion strategy. It would not be necessary
to commence development of this component of the project until at least existing
paths have been upgraded but none the less it is a cost to be taken into account.
Priorities
As mentioned previously in order for the objectives of Council’s Strategic Plans to be
realised a commitment to the implementation of the proposed trails is required. The
view of the project team is that to achieve this, the planning and development of the
proposed trails will need to be prioritised.
In considering priorities there are some significant limitations in immediately
proceeding with some of the new trails (and upgrading the existing Preston River
Ramble), in particular due to land tenure issues. There are also staff resource
limitations due to project pressures from Royalty for Regions commitments and staff
vacancies and this is likely to be the case for the next 12 months. Given these
limitations there are a reduced number of projects that can be agreed to at this time
as priorities to commence investigations and detailed planning. The following two
tables therefore identify a list of trail projects that could commence in 2010/2011
and be progressed over 1-4 financial years.
ORDINARY COUNCIL MEETING – (23.09.09) 42
Trail upgrades
Trail Works Estimate cost $
Tuart Walk Dalyellup promotional sign 500
Bushland Path Dalyellup promotional sign 500
Dalyellup Lake Circuit promotional sign 500
Munda Biddi trail Spurr signage to Boyanup 500
Preston River Ramble Tenure survey and maintenance 3000
Boyanup survey
Preston River Ramble Trails upgrade (subject to outcome 26,000
Boyanup of tenure survey)
Joshua Brook Circuit Promotion signage, tenure, car 15,450
Boyanup parking
New Trail project options
Trail Estimated cost $
Mallokup Bridge to Peppermint Grove Beach Heritage trail 91,170
(subject to agreement of water Corporation and Council
adoption of foreshore management plan)
Capel Heritage Trail 39,450
Boyanup Heritage Trail 37,950
Iron Stone Gully Falls 23,050
Capel Single Track Project 19,000
Capel River Canoe Trail 28,000
It is therefore recommended that Council adopt the following projects for detailed
planning/costing for consideration in the 2010/2011 budget:
• Upgrading of all existing trails as discussed above except for the Joshua Brook
Circuit as this trail is well developed and required signage would be considered in
the following financial year. It is to be noted that the Preston River Ramble
upgrade will still be dependent upon the outcomes of the tenure survey. This
trail is however in need of maintenance for pedestrian usability and should have
some priority.
• New Trail Mallokup Bridge to Peppermint Grove Beach Heritage trail (which is
subject to Water Corporation agreement) as it has a range of opportunities for
grant funding. The trail is currently used by Peppermint Grove Beach residents
in an undeveloped form and requires attention to avoid further damage to the
dune system and regulate public access on Water Corporation land;
• Ironstone Gully flora survey and determination of location of new walk trail;
• Capel single track project as there is an opportunity to jointly develop this in
conjunction with the Capel LCDC and local youth, and seek combined funding for
the rehabilitation and recreation development of the reserve;
ORDINARY COUNCIL MEETING – (23.09.09) 43
• Capel River Canoe Trail as there is an opportunity to jointly develop this with the
Capel Apex Club and build upon the success of the inaugural Capel Descent held
in 2009; and
• Preparation of a publicity program will commence with staff identifying the needs
and means of promotion. External costs for design and printing of publicity
material will be incurred once the publicity strategies have been determined.
STAFF RECOMMENDATION 1
That Council endorses the Shire of Capel Trails Master Plan (August 2009)
prepared by Transplan Pty Ltd and adopts the following recommendations
contained therein:
• To refer the Trails Master Plan to the Department of Environment and
Conservation(DEC) and seek the continued assistance of the DEC with
respect to the development of trails within the Tuart Forest national
Park in accordance with this plan. To seek to have the proposed trails
for the Tuart Forest National Park included within the Management Plan
currently being prepared by the DEC.
• Consider an annual allocation to supplement grants from other sources
to implement the projects contained within the Capel Trails Master Plan.
• Agree to the Project Team remaining in place to oversee the
implementation of the Trails Master Plan.
• Seek funds from other sources and funding programs for the projects
contained within the Shire of Capel Trails Master Plan.
• If external funding can be sourced, make arrangements for a portion of
work time of an officer of the Shire of Capel to be dedicated to trails and
implementation of this Trails Master Plan.
VOTING REQUIREMENTS
Simple majority
STAFF RECOMMENDATION 2
That Council resolves to progress the following trail projects during the four
financial years from 2010/2011 to 2013/2014 by allowing staff to
commence detailed planning, submit proposals for budget consideration
and source funding opportunities:
• Existing trails upgrading program
• Mallokup Bridge Heritage Trail
• Capel Heritage Trail
• Boyanup Heritage Trail
• Ironstone Gully Falls
• Capel Single Track Project
• Capel River Canoe Trial
VOTING REQUIREMENTS
Simple majority
ORDINARY COUNCIL MEETING – (23.09.09) 44
STAFF RECOMMENDATION 3
That Council consider progressing the other trail projects contained in the
Trails Master Plan on a project by project basis as resources and funding
become available from the 2014/2015 financial year onwards.
VOTING REQUIREMENTS
Simple majority
STAFF RECOMMENDATION 4
That Council:
1 Endorse staff consulting and investigating with state government
authorities to determine requirements that need to be satisfied to
achieve the proposals of the Trails Master Plan;
2 Be open to discussions with the Shire of Busselton in investigating the
implications of providing regional ‘rail-trail’ linkages;
3 Supports the retention of Crown land (rail and road reserves) in State
ownership where there is a need to retain such reserves to achieve the
proposed trails of the Trails Master Plan; and
4 Does not support the permanent closure of the section of road known as
the ‘Avenue’ if it results in the loss of a possible recreational trail link to
Peppermint Grove Beach.
VOTING REQUIREMENTS
Simple majority
STAFF RECOMMENDATION 5
That Council:
1 Advise the Department of Environment and Conservation that it has
received several submissions raising concern over the potential loss of
recreational horse riding activities in the Tuart Forest National Park and
that Council supports the retention of horse riding activities within this
forest where such activities can be appropriately managed.
2 Advise the submitters of mountain biking activities and trail bike
activities that whilst Council does not oppose the development of such a
facility it considers its Trail Master Plan satisfactorily provides for cycling
activities and that if they require specialised facilities they should
collectively apply for and obtain funding to investigate the demand for a
regional facility and identify options (not necessarily within the Shire of
Capel) for the location of such a facility, should justifiable demand be
proven.
VOTING REQUIREMENTS
Simple majority
ATTACHMENT TO ITEM 16.2.1
ATTACHMENT TO ITEM 16.2.1
ATTACHMENT TO ITEM 16.2.1
ATTACHMENT TO ITEM 16.2.1
ATTACHMENT TO ITEM 16.2.1
ATTACHMENT TO ITEM 16.2.1
ATTACHMENT TO ITEM 16.2.1
ATTACHMENT TO ITEM 16.2.1
ATTACHMENT TO ITEM 16.2.1
ATTACHMENT TO ITEM 16.2.1
ATTACHMENT TO ITEM 16.2.1
ORDINARY COUNCIL MEETING – (23.09.09) 45
16.3 FINANCE AND RATING SECTION
16.3.1 Accounts Due and Submitted for Authorisation
REPORTING OFFICER
NI Cain – Finance Officer 15.09.09
A Ross – Director Corporate & Community Services 15.09.09
DISCLOSURE OF INTEREST Nil
OWNER/APPLICANT Nil
MATTER FOR CONSIDERATION
Adoption of accounts to be paid.
ATTACHMENTS Nil
APPLICANT’S SUBMISSION Nil
BACKGROUND
Accounts for payment are required to be submitted each month for authorisation.
STATUTORY ENVIRONMENT
Local Government (Financial Management) Regulations 1996 (Reg 13(2)).
POLICY IMPLICATIONS Nil
FINANCIAL IMPLICATIONS
Payment from Council’s Municipal Fund.
STRATEGIC IMPLICATIONS Nil
CONSULTATION Nil
COMMENT
Accounts due and submitted for authorisation are as follows:
Chq/EFT Name Description Amount
EFT5070 A & L Printers Fire Notices - Printing 3206.00
EFT5071 SAI Global Limited Standards Download 73.58
EFT5072 John Anderson Electrician Various Electrical Repairs 1600.82
EFT5073 Australia Day Council of WA Membership Renewal 321.00
EFT5074 Ag South Herbicide 175.00
EFT5075 ARRB Transport Research Local Roads Manual 214.50
EFT5076 Alphawest Services Pty Ltd Cabling & IT Equipment 2326.50
EFT5077 Bunbury Machinery Replacement Parts 384.25
EFT5078 Bunbury Mower Service Repairs to Mowers 313.00
EFT5079 Bell Fire Equipment Recharge Fire Extinguisher 215.05
EFT5080 Busselton Toyota Service Vehicle 166.05
EFT5081 Autogroup Service Vehicle 1421.25
EFT5082 Bunbury Toyota Service Vehicle 269.26
ORDINARY COUNCIL MEETING – (23.09.09) 46
EFT5083 Benson's Chainsaw Centre Repairs Chainsaw 429.85
EFT5084 Bunnings Hardware Purchases 607.54
EFT5085 Autosmart WA South West Tar Remover 143.00
EFT5086 Boyanup Auto Repairs Replacement Parts 497.75
EFT5087 Bunbury Towing Towing 453.42
EFT5088 Corporate Express Bunbury Stationery 845.18
EFT5089 Capel Hardware Hardware Supplies 1052.15
EFT5090 Cemeteries & Crematoria Membership 09/10 100.00
Assoc of WA
EFT5091 Coastal Hire Hire W/C Capel Tip 171.91
EFT5092 Cellarbrations at Capel Council Refreshments 35.99
EFT5093 Centrecare Corporate Consultancy Services 1012.00
EFT5094 Carbone Bros Pty Ltd Sand 820.80
EFT5095 CJD Equipment Pty Ltd Service Loader 2140.86
EFT5096 Des Air Airconditioner Repairs 3773.00
EFT5097 Delron Cleaning Cleaning Dalyellup 2843.78
Community Centre
EFT5098 Department of Premier Health & Cemeteries Act 488.04
EFT5099 Eaton Hardware Hardware Supplies 838.45
EFT5100 Erg Electrics Repair Light Pole 350.92
EFT5101 Farmco Boyanup Hardware Supplies 37.78
EFT5102 Fits Training Service Chainsaw Training 1250.00
EFT5103 FESA ESL Quarter 1 09/10 81643.22
EFT5104 Fennessy's Service Vehicles 1038.74
EFT5105 Frontline Safety & Training Training 140.00
Services
EFT5106 Geovet Capel Dog Sterilisation 264.80
EFT5107 Geographe Civil Kent Road Repairs 2557.50
EFT5108 Geographe Vignerons GVA Map Listing 1020.00
Association
EFT5109 Hallmark Editions 10 Job Advert Pack 1925.00
EFT5110 Harradine & Associates Dog Sterilisation 400.00
EFT5111 Hanson Construction 4 Loads Rip Rap 2298.97
Materials Pty Ltd
EFT5112 Hallmark Conferences Summit Attendance 950.00
EFT5113 Higgins Coatings P/L Building Maintenance - 32894.14
Painting
EFT5114 Institute of Public Works Seminar Road Safety 1485.00
Engineering Australia
EFT5115 Imagetec Riso Black Ink 149.60
EFT5116 Jetline Corporation P/L Footpath & Pram Ramp 1705.00
EFT5117 Green Recycling Kerbside Recycling 15175.08
EFT5118 State Library of WA Lost/Damaged Library Book 42.90
EFT5119 Western Australian Local Advertising & Conference 11834.86
Government Association Registrations
EFT5120 LGNET Advertising Vacancy 396.00
EFT5121 Living Springs Bottled Water 521.00
EFT5122 Landgate Interim Valuations & Land 2640.79
Enquiries
EFT5123 Nightguard Security Service Security Patrol 678.44
EFT5124 Ocean Forest Lutheran Reimburse Oval Costs 2032.85
College Inc
EFT5125 Opus International Roman Update & New 693.00
Consultants (Pca) Ltd Roads
EFT5126 Protector Alsafe Revolving Lamp 126.58
EFT5127 Pioneer Road Services Premix 1692.24
EFT5128 Prestige Products-Busselton Cleaning Products 1312.85
ORDINARY COUNCIL MEETING – (23.09.09) 47
EFT5129 Perth Management Services Monthly Rental, Rates & 3385.38
Water costs
EFT5130 Pacific Biologics Prolink Buckets 3377.44
EFT5131 Rural Press Regional Media Advertising 132.00
EFT5132 Records Maintenance & Records Maintenance 454.12
Storage
EFT5133 Southern Irrigation & Repair Gelorup Standpipe 1850.00
Pumping Pty Ltd
EFT5134 Capel Fresh IGA Refreshments 113.97
EFT5135 Southern Lock & Safe Padlocks, Keys & Repairs 667.56
EFT5136 Toms Garden Machinery Replacement Parts 489.20
EFT5137 Totally Workwear HACC Uniforms 608.32
EFT5138 Tradelink Plumbing Supplies Replacement Cistern 648.42
EFT5139 Tracplus Pty Ltd Supply & Fit Tyres Isuzu 596.00
EFT5140 Veolia Environmental Street Sweeping 2522.30
Services
EFT5141 Vern McKay LG Services Consultancy Services 6600.00
EFT5142 Work Clobber Bunbury Staff Uniform 1280.48
EFT5143 WA Library Supplies Library Supplies 213.75
EFT5144 Wren Oil Pump Out Oil Storage Unit 275.00
EFT5145 Yakka Pty Ltd Uniform - T Trigg 28.38
43225 Paul Bridges Interpretation Plan 5290.00
43226 Bunbury City Maintenance Repairs To Shutter PGBCC 209.00
43227 Dardanup Heritage Park 50NF Programme 693.00
43228 Department of Housing Purchase Equity In Capel 60000.00
Aged Housing
43229 Mercure Hotel Accommodation, Meals & 3158.50
Expenses LG Week
43230 National Trust Of Australia 50NF Wonnerup House 87.00
43231 South West Games Grant 2010 Games 1100.00
Management Committee
43232 Windscreens O'Brien Replace Windscreen 441.71
43233 Local Government Training Registration 525.00
Compliance Inc
288943.77
OUTSTANDING CREDITORS AS AT 31 August 2009 $116501.62
CERTIFICATE OF CHIEF EXECUTIVE OFFICER
This schedule of accounts to be passed for payment, covering vouchers as detailed
above which was submitted to each member of Council on have been checked and
are fully supported by vouchers and invoices which are submitted herewith and
which have been duly certified as to the receipt of goods and services and as to
prices, computations, and costings and the amounts shown are due for payment.
CHIEF EXECUTIVE OFFICER
ORDINARY COUNCIL MEETING – (23.09.09) 48
STAFF RECOMMENDATION
That the Schedule of Accounts covering vouchers EFT5070 to EFT5145 and
43225 to 43233, a total of $288943.77, be authorised for payment.
VOTING REQUIREMENTS
Simple majority
ORDINARY COUNCIL MEETING – (23.09.09) 49
16.3.2 Accounts Paid During the Month of August 2009
REPORTING OFFICER
NI Cain – Finance Officer 15.09.09
A Ross – Director Corporate & Community Services 15.09.09
DISCLOSURE OF INTEREST Nil
OWNER/APPLICANT Nil
MATTER FOR CONSIDERATION
Authorisation of accounts paid during the month.
ATTACHMENTS Nil
APPLICANT’S SUBMISSION Nil
BACKGROUND
Accounts paid are required to be submitted each month.
STATUTORY ENVIRONMENT
Local Government (Financial Management) Regulations 1996 (Reg 13(1)) requires
that where the Chief Executive Officer has delegated power to make payments from
the Municipal or Trust funds a list of accounts paid is to be prepared each month.
POLICY IMPLICATIONS Nil
FINANCIAL IMPLICATIONS
Payment from Council’s Municipal Fund.
STRATEGIC IMPLICATIONS Nil
CONSULTATION Nil
COMMENT
Payments made during the month of August 2009 are as follows:
Chq/EFT Name Description Amount
21 BCITF July 2009 Levy Payment 17946.68
22 Builders Registration Board July 2009 Levy Payment 2546.00
23 Shire of Capel July 09 Commission 717.20
EFT4833 Glen Bishop Reimburse Costs - Training 336.20
EFT4834 Sandra Box Sports Participation Scheme 150.00
EFT4835 Colroys Country Kitchen Catering 600.00
EFT4836 Dale Alcock Homes Verge Deposit Refunds 1000.00
EFT4837 JN & JL Donald Crossover Contribution 300.00
EFT4838 Ecomax Installations Pty Ltd Refund Septic Fee 97.00
EFT4839 Kleenheat Gas Gas Bottle 56.01
EFT4840 Lampo Repair Depot Roof 302.50
EFT4841 Learning Centre Link Seminar Registration 66.00
EFT4842 LGIS Workcare Scheme Workers Compensation 61814.50
ORDINARY COUNCIL MEETING – (23.09.09) 50
EFT4843 Ocean Forest Lutheran Major Community Grant 14282.00
College Inc
EFT4844 SOS Office Equipment Meterbilling 2841.58
EFT4845 SW Precision Print With Compliment Slips & 1053.00
Envelopes
EFT4846 Shaddicks Lawyers Legal Costs 440.00
EFT4847 Tangent Nominees Pty Ltd Verge Deposit Refund 500.00
EFT4848 Thompson Consulting Plantation Rd - Survey & 583.00
Surveyors Repeg
EFT4849 T & P Design Design Services 2233.00
EFT4850 Ventura Homes Verge Deposit Refunds 1000.00
EFT4851 Haulaway Recyclers Mulching Greenwaste 24926.00
EFT4852 Green Recycling Kerbside Pickup 22125.96
EFT4853 Westnet Pty Ltd Dalyellup Library ADSL 74.95
EFT4854 Westnet Pty Ltd Capel & Boyanup ADSL 210.38
EFT4855 Accessible Transit Specialists Fit Step & Hand Rail 1023.00
EFT4856 Advanced Spatial Autocad Licence & 7733.00
Technologies Pty Ltd Subscription
EFT4857 ANZ Business Banking Loan 59 Payment 11168.02
EFT4858 Badgers Embroidery Embroidery Rangers 33.00
EFT4859 Bunbury Plumbing Services Pump Out Grease Trap 128.43
EFT4860 Courier Australia Courier Fees 13.48
EFT4861 Cleanaway Kerbside Waste Collection 39188.16
EFT4862 Custom Service Leasing Ltd Fuel 2378.45
EFT4863 Farmco Boyanup Hardware Items 26.71
EFT4864 Golden West Plumbing & Repairs - Dalyellup Toilet 154.00
Drainage Block
EFT4865 Hendry Group BCA Illustrated Volumes 275.00
EFT4866 Hills Panel Repair Insurance Excess 1000.00
EFT4867 HTFU Industries Pty Ltd Survey Pegs 715.00
EFT4868 Jamic Engineering Design & Install 10 Grates 1430.00
EFT4869 Jackson McDonald Lawyers Legal Fees - Recycling 3244.45
EFT4870 LGIS Insurance Broking Motor Vehicle Premium Adj 2119.10
EFT4871 Marks Window Cleaning & Window Cleaning Dalyellup 1070.00
Maintenance Community Centre
EFT4872 Overacre Contract Mowing Mowing POS at PGB 275.00
and Landscaping
EFT4873 Prestige Products-Busselton Cleaning Products 577.50
EFT4874 Michelle Plume Reimburse Cost of 41.50
Refreshments
EFT4875 Porter Ceilings Repair Ceiling Dalyellup 369.40
Community Centre
EFT4876 South West Tree Safe Tree Pruning 3245.00
EFT4877 Scott Park Homes Verge Deposit Refund 500.00
EFT4878 SOS Office Equipment Meter Billing 973.42
EFT4879 SW Precision Print Envelopes 480.00
EFT4880 South West Truck Shop Service Grader 2864.14
EFT4881 Transpacific Waste Disposal of Domestic Refuse 13841.73
Management
EFT4882 Traffic Management SW Traffic Management Bridge St 297.00
EFT4883 Ventura Homes Verge Deposit Refunds 1000.00
EFT4884 Vasse Civil & Drainage Bridge Street Drainage 109625.00
EFT4885 WA Country Builders Verge Deposit Refunds 1400.00
EFT4886 WA Treasury Corporation Loan 61 Payment 19469.46
EFT4887 C Wilson-Fisher Reimburse Cost of Fuel 50.00
EFT4888 - Eft4949 See Council Agenda 26 August 2009
EFT4950 Cable West Electrical Pty Ltd Progress Claim 5 - Shire Oval 27821.30
Lighting
ORDINARY COUNCIL MEETING – (23.09.09) 51
EFT4951 Bunbury Army Surplus Waders 89.95
EFT4952 Aged & Community Services Membership Fees 640.42
EFT4953 Bunbury Windscreen Service Supply & Fit Glass to Door of 401.50
Cab
EFT4954 Boyanup Hall Advisory Hall Cleaning/Floor Polishing 210.00
Committee
EFT4955 Autogroup (Bunbury Replace & Fit Battery 204.85
Mitsubishi)
EFT4956 BOC Limited Dry Ice, Microguard, 160.11
Respirator
EFT4957 Boyanup Primary School P & Hall Bond Refund 150.00
C Association
EFT4958 Courier Australia Courier Fees 26.95
EFT4959 Capel Transport Delivery of Larvaecide 92.84
EFT4960 CoastSwap Annual Donation - Project 1650.00
Officer
EFT4961 Gelorup Community Management Fee 105.00
Management Committee
EFT4962 Dale Alcock Homes Verge Deposit Refunds 2000.00
EFT4963 Andrew Dykstra TP Assessment Services 3100.50
EFT4964 Dapco Tyres & Wheel Alignment 314.05
EFT4965 Downunder Lawnmowing Mini Digger Operator 300.00
Service
EFT4966 Nichelle Dobrich Police Clearance Refund 51.00
EFT4967 Easifleet Management Lease Payment - Suzuki 739.74
EFT4968 Alison Evans WALGA Course - Preparing 189.00
Minutes & Agendas
EFT4969 Go West Tours 50NF Day Trip 1518.00
EFT4970 Gresleyabas Infant Health Centre 4747.60
EFT4971 Jamic Engineering Install Drain Covers Dalyellup 1045.00
EFT4972 Kelyn Training Services Training - A Coulson 390.00
EFT4973 Bronwyn Keown Police Clearance Fees Refund 51.00
EFT4974 Landscape Development Maintenance - Dalyellup 6768.49
EFT4975 Lampo Repair Guttering Shire Office 374.00
EFT4976 Margie's Alfresco Catering 50.00
EFT4977 Ocean Forest Lutheran Donation Japan Trip 900.00
College Inc
EFT4978 Pepperwood Estate Council Refreshments 160.00
EFT4979 Planscape Consultancy Services 2006.00
EFT4980 South West Tree Safe Remove Trees Capel 4400.00
Cemetery
EFT4981 Scott Park Homes Verge Deposit Refund 500.00
EFT4982 South West Rubber Stamps Stationery - Annual Dinner 155.15
EFT4983 SW Precision Print Letterheads & Envelopes - 633.00
Bush Fire Order
EFT4984 Steann Pty Ltd Kerbside Hardwaste 20093.57
Collection
EFT4985 South West Mapping Stage 3 Rural Numbering 1185.30
Services
EFT4986 Christine Scott Travel Reimbursement For 45.82
Respite Service
EFT4987 Tangent Nominees Pty Ltd Verge Deposit Refund 1000.00
EFT4988 Transpacific Waste Disposal of Domestic Refuse 11138.03
Management
EFT4989 Ventura Homes Verge Deposit Refund 500.00
EFT4990 WA Country Builders Verge Deposit Refunds 2500.00
EFT4991 Bunbury Windscreen Service Supply & Fit Windscreen 1240.80
EFT4992 Cardno BSD Pty Ltd Capel Drainage Study 2065.25
ORDINARY COUNCIL MEETING – (23.09.09) 52
EFT4993 Courier Australia Courier Fees 58.42
EFT4994 Paul Sheedy Membership IPAA 148.44
EFT4995 Capel Concrete Company Hire of Excavator 264.00
EFT4996 Day-Timer Pty Ltd Diary 2010 - CEO 73.90
EFT4997 Dale Alcock Homes Verge Deposit Refund 1000.00
EFT4998 Andrew Dykstra TP Assessment Services 3150.00
EFT4999 Dalyellup Beach Cricket Club Hall Bond Refund 150.00
EFT5000 Lisa Dent Refreshments for Training 79.21
EFT5001 Downunder Lawnmowing Mini Digger Hire 300.00
Service
EFT5002 Golden West Plumbing & Repairs Toilets Dalyellup 973.50
Drainage
EFT5003 Go West Tours Inzone Movie Trip 429.00
EFT5004 Sue Hall Refund of Inzone Expenses 212.00
EFT5005 A Ingram Accommodation Perth 125.00
Exchanges
EFT5006 Insight CCS Pty Ltd Call Centre Charges 180.29
EFT5007 Jamic Engineering Sign Frame 698.50
EFT5008 Kleenheat Gas Bulk LPG 190.38
EFT5009 Local Health Authorities Food Sampling Assessment 2484.90
Analytical Committee
EFT5010 Capel Blue Flower Arrangements 60.00
EFT5012 Local Government Managers Staff Memberships 301.00
Australia
EFT5013 Margie's Alfresco Catering 510.00
EFT5014 Nightguard Security Service Security Patrols & Alarm 1014.27
Pty Ltd Responses
EFT5015 Slee Anderson & Pidgeon Legal Fees 3780.44
EFT5016 South West Tree Safe Tree Pruning 440.00
EFT5017 Seek Job Vacancy Advertising 847.00
EFT5018 Total Telephone Repairs 543.95
EFT5019 Traffic Management SW Traffic Cone Hire 16.50
EFT5020 Ventura Homes Verge Deposit Refund 500.00
EFT5021 Child Support Agency Payroll Deductions 976.28
EFT5022 Evans Family Superannuation Contributions 377.38
Superannuation Fund
EFT5023 Caltex Australia Fuel 10313.24
EFT5024 Caltex Australia Fuel 1863.59
EFT5025 Alleasing Pty Ltd Lease of Lanier 792.30
EFT5026 Alleasing Pty Ltd Lease of Lanier 329.23
43115 Pacific Magazines Magazine Subscription 107.95
43116 Police Licensing Firearms Licence 96.00
43117 Australian Institute of Seminar Registration 175.00
Building Surveyors
43118 Courtney Barton Sports Participation Scheme 150.00
43119 Shire of Capel Local Govt Week Expenses 300.00
43120 Capel Medical Centre Pre-Employment Medical 88.00
43121 RE & R Mcconchie Crossover Contribution 300.00
43122 T & K Payne Verge Deposit Refund 500.00
43123 Planet Footprint Planet Footprint Scorekeeping 3135.00
Service 2009/10 Subscription
43124 RH & ME Rubidge Crossover Contribution 300.00
43125 Synergy Electricity 2005.93
43126 John Vanderwerff Refund Fees Paid in Error 89.96
43127 G & V Willis 50NF Computer Classes 385.00
43128 Shire of Capel Crossover Contribution paid 300.00
to Outstanding Rates
43129 Australia Post Postage for Month 2766.62
ORDINARY COUNCIL MEETING – (23.09.09) 53
43130 Gelorup Bushfire Brigade Donation Protective Burn 872.73
Fees
43131 City of Bunbury Graffiti Removal 425.70
43132 TM & JA Brockman TMP Tuart Drive 150.00
Contractors
43133 Capel Newsagency Milk 125.00
43134 Capel Bushfire Brigade Donation Protective Burn 134.09
Fees
43135 Shire of Capel Conference Exp - Councillors 617.90
43136 Content Living Verge Deposit Refund 500.00
43137 City of Canning Lost Book 39.60
43138 Elgin Bushfire Brigade Donation Protective Burn 779.09
Fees
43139 Fajardo Pty Ltd Crossover Contribution 300.00
43140 J & S Grobler Crossover Contribution 300.00
43141 Hydrojet Graffiti Remover 198.00
43142 Property Council of Australia SW Chapter Lunch 99.00
43143 Diane Pope Hall Bond Refund 100.00
43144 Synergy Electricity 12261.60
43145 Scott Spencer Crossover Contribution 300.00
43146 Glen Strindberg Crossover Contribution 300.00
43147 Telstra Corporation Ltd Rent & Calls 2155.38
43148 Tara Homes Verge Deposit Refund 400.00
43149 S Tarbotton & M Weaver Crossover Contribution 300.00
43150 Veritas Homes WA Pty Ltd Verge Deposit Refund 500.00
43151 Water Corporation Water Usage 563.10
43152 -43157 See Council Agenda 26 August 2009
43158 Auslec Fluro’s 348.93
43159 City of Bunbury SWLGEMA Membership 477.00
43160 Content Living Verge Deposit Refund 1300.00
43161 Stephen Doe Crossover Contribution 300.00
43162 Department of Planning & Registration Renewals 616.70
Infrastructure
43163 R Fischer & J Fitzpatrick Crossover Contribution 300.00
43164 Australian Taxation Office BAS 33972.00
43165 GCS Hire - Bunbury Mini Digger & Truck Hire 773.94
43166 Aimee Harris Sports Participation Scheme 150.00
43167 Mr Peter Kerr Verge Deposit Refund 400.00
43168 Officeworks Bunbury Wireless Mouse 39.00
43169 3 Australia Fire Service Call Outs 91.63
43170 G Parahi & M Akuhata Crossover Contribution 300.00
43171 Staley Food & Packaging Netting 71.50
43172 Telstra Corporation Ltd Rent & Calls 743.58
43174 Thrifty Car Rental Car Rental 277.86
43175 Windscreens O'Brien Replace Windscreen 350.00
43176 Jenelle Warner Refund Hall Bond 150.00
43177 S Biggs & K Pember Crossover Contribution 300.00
43178 Bunbury Settlement Svcs Rates Refund 298.41
43179 Capel Country Club Insurance Payout 2100.00
43180 Capel Pharmacy Specimen Jars 29.90
43181 Capel Medical Centre Reimburse Cost of Medical 176.00
43182 Patricia Horton Hall Bond Refund 100.00
43183 Stephen J Magill Verge Deposit Refund 500.00
43184 G Norton & M Sugiura Crossover Contribution 300.00
43185 Petstock Bunbury Halters & Lead Ropes 39.60
43186 Marshall Roberts Sports Participation Scheme 300.00
43187 Synergy Electricity 1539.70
ORDINARY COUNCIL MEETING – (23.09.09) 54
43188 Telstra Corporation Ltd Rent & Calls 1092.21
43189 Kyle Tosana Sports Participation Scheme 300.00
43190 KE Wilson Rates Refund 694.38
43191 Australian Services Union Payroll Deductions 37.80
43192 Australian Workers Union Payroll Deductions 324.00
43193 Shire of Capel Payroll Deductions 2131.08
43194 Shire of Payroll Deductions 150.00
Donnybrook/Balingup
43195 LGRCEU Payroll Deductions 131.20
43196 Shire of Murray Payroll Deductions 60.00
43197 WALGS Plan Superannuation Contributions 50507.71
651702.63
05.08.09 SHIRE OF CAPEL PAYROLL PAYMENTS $111,803.23
19.08.09 SHIRE OF CAPEL PAYROLL PAYMENTS $113,859.66
$225,662.89
5.08.09 TRANSFER TO MUNICIPAL ACCOUNT $200,000.00
20.08.09 TRANSFER FROM MUNICIPAL ACCOUNT $135,000.00
24.08.09 TRANSFER FROM MUNICIPAL ACCOUNT $215,000.00
27.08.09 TRANSFER FROM MUNICIPAL ACCOUNT $225,000.00
$775,000.000
CERTIFICATE OF CHIEF EXECUTIVE OFFICER
This schedule of accounts to be passed for payment, covering vouchers as detailed
above which was submitted to each member of Council on 23 September 2009 have
been checked and are fully supported by vouchers and invoices which are submitted
herewith and which have been duly certified as to the receipt of goods and services
and as to prices, computations, and costings and the amounts shown are due for
payment.
CHIEF EXECUTIVE OFFICER
ORDINARY COUNCIL MEETING – (23.09.09) 55
STAFF RECOMMENDATION
That:
1 The Schedule of Accounts covering vouchers 21 to 23, EFT4833 to
EFT4887, EFT4950 to EFT5026, 43115 to 43151 and 43158 to 43197
totalling $651702.63 paid during the month of August 2009 be received;
2 Payroll payments for the month of August 2009, totalling $225,662.89
be received; and
3 Transfers to and from investments as listed, be received.
VOTING REQUIREMENTS
Simple majority
ORDINARY COUNCIL MEETING – (23.09.09) 56
16.3.3 Discretionary Donation – Children’s Leukaemia and Cancer Research
Foundation
REPORTING OFFICER
A Ross – Director Corporate and Community Services 10.09.09
DISCLOSURE OF INTEREST Nil
OWNER/APPLICANT
South West Rotary Clubs
MATTER FOR CONSIDERATION
Possible donation to the Children’s Leukaemia and Cancer Research Foundation.
ATTACHMENTS Nil
APPLICANT’S SUBMISSION
An e-mail with a letter attached has been received from the Rotary Club advising
that the South West Rotary Clubs are organising an event to raise funds for the
Children’s Leukaemia and Cancer Research Foundation. The event of 400 kilometres
from Monday 26 October to Friday 31 October 2009 is a 5 day bicycle ride through
the South West, commencing from Mandurah and ending in Augusta. The group of
20 bike riders and support crew are expected to arrive at the Capel Information Bay
site around noon on Thursday 29 October 2009 and lunch is planned to be supplied
by Capel River Estate (Snottygobble wines). The organising committee invite the
Shire to have a representative(s) on site to greet the group and provide a donation.
BACKGROUND
Council has supported this event since 2003/04 and most recently provided a
donation of $200.00 for last year’s event (minute reference OC0811, 13/08/08).
STATUTORY ENVIRONMENT
Section 6.8 of the Local Government Act 1995 requires a local government not incur
any expenditure that is not included in its budget.
POLICY IMPLICATIONS
Policy 11.1 Donations to Charitable Organisations is not applicable.
FINANCIAL IMPLICATIONS
A total budget of $1,500.00 has been allowed for discretionary donations within
Account 102220, Donations. At this stage two donations totalling $1,100.00 have
been approved for payment. Therefore a balance of $400.00 remains available to be
allocated.
STRATEGIC IMPLICATIONS
Strategic Plan 2009 – 2020 includes the following strategy which has some
relevance:
ORDINARY COUNCIL MEETING – (23.09.09) 57
• Community strategy of developing links with our volunteer community
groups.
CONSULTATION Nil
COMMENT
In past years Council has considered that a donation was appropriate as the group
stops in Capel for lunch. The amount of the donation that has previously been
agreed has been $200.00 and the cheque has been presented by the Shire President,
Chief Executive Officer or an officer representing the CEO.
It is proposed the same amount be donated this year.
STAFF RECOMMENDATION
That Council approve a donation of $200.00 to the Children’s Leukaemia and
Cancer Research Foundation.
VOTING REQUIREMENTS
Simple majority
ORDINARY COUNCIL MEETING – (23.09.09) 58
16.4 COMMUNITY RANGER SERVICES
17 NEW BUSINESS OF AN URGENT NATURE
18 PUBLIC QUESTION TIME
19 MOTIONS WITHOUT NOTICE (ABSOLUTE MAJORITY BY COUNCIL)
20 NOTICES OF MOTION FOR CONSIDERATION AT THE NEXT ORDINARY
MEETING OF THE COUNCIL
21 ITEMS FOR CONSIDERATION BEHIND CLOSED DOORS
22 MEETING CLOSURE
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