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					                     City of Bunbury




                            18 MAY 2004

                           CONTENTS

                Council Committee Meeting Minutes


Item No                        Subject                         Page
1.     DECLARATION OF OPENING BY THE MAYOR                            1
2.     RECORD OF ATTENDANCE, APOLOGIES AND LEAVE OF ABSENCE           1
3.     RESPONSES TO ‘PUBLIC QUESTIONS’ FROM THE PREVIOUS COUNCIL
       COMMITTEE MEETING (WHERE THEY COULD NOT BE ANSWERED AT
       THAT MEETING)                                            2
4.     PUBLIC QUESTION TIME – AS SPECIFIED UNDER SECTION 5.24 OF THE
       LOCAL GOVERNMENT ACT 1995                                    2
5.     QUESTIONS ON NOTICE FROM MEMBERS OF THE COUNCIL (WITHOUT
       DISCUSSION)                                             2
6.     CONFIRMATION OF PREVIOUS MINUTES                               2
7.     DISCLOSURES OF INTEREST UNDER THE LOCAL GOVERNMENT ACT 19953
8.     ANNOUNCEMENTS BY THE MAYOR (WITHOUT DISCUSSION)                3
9.     CHIEF EXECUTIVE OFFICER REPORTS/DISCUSSION TOPICS              3
10.    RECEPTION OF FORMAL PETITIONS AND MEMORIALS                    3
11.    RECEPTION OF REPORTS AND RECOMMENDATIONS FROM OFFICERS
       AND ADVISORY COMMITTEES                               4
11.1   SPECIAL ELECTORS’ MEETING STRATEGIC PLANNING MATTERS           4
11.2   PROPOSED TWO GROUPED DWELLINGS – REGULARISATION OF FRONT
       SETBACK – LOT 253 (NO. 35) MARLSTON DRIVE, BUNBURY     12
11.3   PROPOSED LEASE OF RESERVE 28408 (LOT 474) BUSSELL HIGHWAY,
       BUNBURY – INTEGRATED WITH TOWN PLANNING SCHEME
       AMENDMENT FOR THE ADJOINING LOT 2 (THIS ITEM WAS LISTED AS ITEM 11.12
       ON THE MEETING AGENDA)                                             23
11.4   BUNBURY CLAY TARGET CLUB INC. - RENEWAL OF DEED OF LEASE (THIS
       ITEM WAS LISTED AS ITEM 11.10 ON THE MEETING AGENDA)        30
11.5   BUILT ENVIRONMENT ADVISORY COMMITTEE – REVIEW OF
       COMMITTEE’S STRUCTURE (THIS ITEM WAS LISTED AS ITEM 11.3 ON THE MEETING
       AGENDA)                                                               35
11.6   2004/2005 WORKS PROGRAM – SPECIAL APPROVAL (THIS ITEM WAS LISTED AS
       ITEM 11.4 ON THE MEETING AGENDA)                                 41
11.7   BUNBURY YOUTH ADVISORY COUNCIL NEW MEMBER NOMINATIONS
       (THIS ITEM WAS LISTED AS ITEM 11.5 ON THE MEETING AGENDA) 44
11.8   REPORT ON STRATEGIC ACTIVITIES FOR PERIOD 1 JULY 2003 TO 31
       MARCH 2004 (THIS ITEM WAS LISTED AS ITEM 11.6 ON THE MEETING AGENDA) 47
11.9   MR BLAIR HOWE – APPLICATION TO LEASE BUNBURY AIRPORT SITE NO.
       31B (THIS ITEM WAS LISTED AS ITEM 11.7 ON THE MEETING AGENDA) 49
11.10 MOORABINDA CROQUET CLUB INC. - RENEWAL OF LEASE (THIS ITEM WAS
      LISTED AS ITEM 11.8 ON THE MEETING AGENDA)                  54
11.11 EXTENSION OF LEASE AREA - BUNBURY & DISTRICTS POWER BOAT
      CLUB INC. (THIS ITEM WAS LISTED AS ITEM 11.9 ON THE MEETING AGENDA) 58
11.12 ACCOUNTS FOR PAYMENT FOR MONTH ENDING 30th APRIL 2004 (THIS ITEM
      WAS LISTED AS ITEM 11.11 ON THE MEETING AGENDA)                63
12.    MOTIONS OF WHICH PRIOR NOTICE HAS BEEN RECEIVED                      64
13.    "URGENT" BUSINESS WITH THE APPROVAL OF THE MAJORITY OF
       MEMBERS PRESENT                                      64
14.    ITEMS TO BE NOTED                                                    64
14.1   ITEMS TO BE NOTED (NO DISCUSSION) AT THE COUNCIL COMMITTEE
       MEETING                                                  64
14.2   ITEMS TO BE NOTED AND ENDORSED (NO DISCUSSION) AT THE
       COUNCIL COMMITTEE MEETING                           64
15.    CONFIDENTIAL BUSINESS AS STIPULATED UNDER SECTION 5.23(2) OF
       THE LOCAL GOVERNMENT ACT 1995                              65
16.    CLOSURE OF MEETING                                                   65
                       GLOSSARY OF ABBREVIATED TERMS

     Term                                          Explanation
1:100              Ratio of 'one in one hundred'
ARI                Annual Recurrence Interval
AHD                Australian Height Datum
BCA                Building Code of Australia
BCCI               Bunbury Chamber of Commerce & Industries
BEAC               Built Environment Advisory Committee
BHRC               Bunbury Regional Art Galleries
BPA                Bunbury Port Authority
BRAG               Bunbury Regional Art Galleries
BREC               Bunbury Regional Entertainment Centre
CBD                Central Business District
CPI                Consumer Price Index
DLI                Department of Land Information
DOLA               Department of Land Administration
DPI                Department for Planning and Infrastructure
DUP                Dual-use Path
EPA                Environmental Protection Authority
FESA               Fire and Emergency Services Authority
FFL                Finished Floor Level
GRV                Gross Rental Value
GST                Goods and Services Tax
IP                 Internet Protocol
IT                 Information Technology
ITC                In Town Centre
LIA                Light Industrial Area
MHDG               Marlston Hill Design Guidelines
MRWA               Main Roads Western Australia
ODP                Outline Development Plan
RDG                Residential Design Guidelines
Residential R15    Town Planning Zone allowing up to 15 residential dwellings per hectare
Residential R20    Town Planning Zone allowing up to 20 residential dwellings per hectare
Residential R40    Town Planning Zone allowing up to 40 residential dwellings per hectare
Residential R60    Town Planning Zone allowing up to 60 residential dwellings per hectare
ROW                Right-of-Way
RSL                Returned Services League
Special Use Zone   To accommodate particular land uses or developments which the local
                   government considers appropriate, but under circumstances where the
                   location of the site and/or the nature of the particular use or development
                   makes it impractical for the use or development to be included within
                   another zone.
SCADA              Supervisory Control and Data Acquisition
SW                 Southwest
SWACC              South Western Area Consultative Committee
SWDC               South West Development Commission
TME                Thompson McRobert Edgeloe
TPS                Town Planning Scheme
VGO                Valuer General's Office
VOIP               Voice-Over Internet Protocol
WALGA              Western Australian Local Government Association
WAPC               Western Australian Planning Commission


                                                                                             Page 1
            COUNCIL (STANDING) COMMITTEE MEETING MINUTES
     Minutes of an Ordinary meeting of the Council (Standing) Committee held in the Municipal
     Chambers, 2 Stephen Street, Bunbury on Tuesday 18 May 2004.

                                              AGENDA
     NOTE: The “Executive Recommendations” contained in this document are not final and are subject to
     adoption, amendment (or otherwise) at the subsequent Council Meeting.

     “All items contained in this document comply with the principles and objectives of the City of Bunbury
     Vision, Mission and Objectives. If any item does not comply with these statements a notation will be
     contained in the body of the item advising this.”



1.   DECLARATION OF OPENING BY THE MAYOR

     The Presiding Member declared the meeting open at 5:35 pm.



2.   RECORD OF ATTENDANCE, APOLOGIES AND LEAVE OF ABSENCE

     Presiding Member                                 His Worship the Mayor, Mr G M Castrilli
     Deputy Presiding Member:                         Deputy Mayor, Cr J Jones (South Ward)
     Members:                                         Cr A Leigh (East Ward)
                                                      Cr T Smith (East Ward)
                                                      Cr R Frisina (East Ward)
                                                      Cr D Smith (South Ward)
                                                      Cr D Wenn (South Ward)
                                                      Cr W Major (West Ward)
                                                      Cr W Lambert (North Ward)
                                                      Cr D Hart (North Ward)
                                                      Cr J Mason (North Ward)
                                                      Cr S Hill (West Ward)

     Council Officers (Non-voting):
     Chief Executive Officer:                         G Trevaskis
     Exec Manager Corporate Services:                 K Weary
     Exec Manager City Life:                          A Blee
     Exec Manager City Development:                   T Brun
     Exec Manager City Services:                      B Lewis
     Senior Planner (Strategic & Environ):            Franco Andreone
     City Engineer:                                   T Naude
     Manager Information Service:                     M Fletcher
     Manager Development Services:                    G Fitzgerald
     Manager Administration and Property              J Beaton
     Services:



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     18 May 2004
     Minutes - Council Committee Meeting
     _________________________________________________________________________________

     Council Officers (Non-voting) cont.:
     Admin. Officer – Corporate Services:              E Allan
     Admin. Officer – Corporate Services:              I Smith

     Others (Non-voting):
     Members of the Public:                            27
     Members of the Press:                             1

     APOLOGIES & LEAVES OF ABSENCE

     Cr G Ghasseb (West Ward) – Leave of Absence



3.   RESPONSES TO ‘PUBLIC QUESTIONS’ FROM THE PREVIOUS COUNCIL
     COMMITTEE MEETING (WHERE THEY COULD NOT BE ANSWERED AT
     THAT MEETING)

     Nil.



4.   PUBLIC QUESTION TIME – AS SPECIFIED UNDER SECTION 5.24 OF THE
     LOCAL GOVERNMENT ACT 1995

     In accordance with Reg. 7(4)(a) of the Local Government (Administration) Regulations 1996, members of
     the public in attendance at the meeting may stand, state aloud their name and address, and ask a question
     in relation to any matter listed on the Council Committee Meeting agenda.

     Nil.



5.   QUESTIONS ON NOTICE FROM MEMBERS OF THE COUNCIL (WITHOUT
     DISCUSSION)

     Nil.



6.   CONFIRMATION OF PREVIOUS MINUTES

     The minutes of the Council (Standing) Committee Meeting held 4 May 2004, have been
     circulated.




                                                                                                     Page 2
      18 May 2004
      Minutes - Council Committee Meeting
      _________________________________________________________________________________


      Committee Decision:                Moved Cr Major                     Seconded Cr Hart

      The minutes of the Council (Standing) Committee Meeting held 4 May 2004, be confirmed
      as a true and accurate record.

                                                                                                       CARRIED
                                                                            12 Votes “For” / Nil Votes “Against”




7.    DISCLOSURES OF INTEREST UNDER THE LOCAL GOVERNMENT ACT 1995

      IMPORTANT: Committee Members are to complete a “Disclosure of Interest” form for each item on the
      agenda in which they wish to disclose an interest, and give the form to the Presiding Member before the meeting
      commences.

      Cr T Smith declared a proximity interest in Item 11.1: Special Electors’ Meeting Strategic
      Planning Matters. Cr Smith advised he would remain in the Chamber to discuss and vote on
      the item.

      Cr Wenn declared a proximity interest in Item 11.6 (previously Item 11.4): 2004/2005 Works
      Program – Special Approval as his daughter lives in Constitution Street.



8.    ANNOUNCEMENTS BY THE MAYOR (WITHOUT DISCUSSION)

      Nil.



9.    CHIEF EXECUTIVE OFFICER REPORTS/DISCUSSION TOPICS

      Nil.



10.   RECEPTION OF FORMAL PETITIONS AND MEMORIALS

      Nil.




                                                                                                           Page 3
       18 May 2004
       Minutes - Council Committee Meeting
       _________________________________________________________________________________


11.    RECEPTION OF REPORTS AND RECOMMENDATIONS FROM OFFICERS AND
       ADVISORY COMMITTEES

11.1   SPECIAL ELECTORS’ MEETING STRATEGIC PLANNING MATTERS

       File Ref:            P07060-05
       Applicant/Proponent: Internal
       Authors:             Gary Fitzgerald, Manager Development Services
                            Franco Andreone, Senior Planner (Strategic & Environment)
       Executive:           Tony Brun, Executive Manager City Development

       Background

       This item was tabled at Council’s Committee meeting held on 6th April 2004. Council
       resolved to defer consideration of this item in order to enable Councillors to examine the
       Ministerial Taskforce’s Report in more detail.

       Council Decision 75/04

       “That item 11.17 on tonight’s agenda be held over to the first committee meeting in May
       2004 so that further discussions can be held for the benefit of the newer members of Council
       regarding the Back Beach Tourist Development Guidelines.”

       On 24 March 2004 a Special Electors’ Meeting was held at the City of Bunbury to discuss
       community concerns about Town Planning issues associated with the Welcome Inn
       redevelopment.

       At the meeting a number of motions were moved by electors, the motions that relate to
       Strategic Planning issues are as follows:

       Motions from the floor

       “Motion 1

       The Bunbury City Council resolve to seek competent independent legal and planning opinion
       on how to change Town Planning Scheme No. 7 so as to provide Council proper control of
       heights and bulk along the coast between Point Casuarina and the southern boundary of the
       City.”

       “Motion 2

       The Bunbury City Council resolve to immediately set up a community based working party,
       that includes the Department of Planning and Infrastructure, in order to produce a strategic
       development plan for the coast between Point Casuarina and the southern boundary of the
       City.”




                                                                                              Page 4
18 May 2004
Minutes - Council Committee Meeting
_________________________________________________________________________________

“Motion 3

Move that:
The Bunbury City Council resolve to place an immediate height restriction of two storeys on
any coastal development between Point Casuarina and the southern boundary of the City
until such time as a strategic plan for coastal development is in place.”

In accordance with part 5.33 of the Local Government Act all decisions made at an electors’
meeting are to be considered by Council. Part 5.33 states:

5.33. (1)      All decisions made at an electors meeting are to be considered at the next
               ordinary council meeting or, if that is not practicable-
               (a)     at the first ordinary council meeting after that meeting; or
               (b)     at a special meeting called for that purpose, whichever happens first.

The issues raised at the meeting relate to specific matters, which were separated into three
different categories; development approval matters, strategic planning; and
administrative/staff issues. The issues addressed within this agenda item relate to the issue of
the strategic planning matters.

To ensure Council is fully briefed in considering the motions moved at the Electors’ Meeting,
in addition to comments provided by staff, Council’s Executive have sought joint comments
from Slee Anderson & Pidgeon and Watts & Woodhouse on the issues that have potential
legal ramifications.

OFFICERS’ COMMENT

To date, the following work has been undertaken by the City of Bunbury in preparing a
Structure Plan for the Back Beach.

In 2001 the City contracted Koltasz Smith Planning Consultants to prepare a discussion paper
including draft design guidelines for potential redevelopment of existing Tourist
accommodation sites along Back Beach (distributed under separate cover).

The discussion paper was advertised for public comment on 8 January 2002 with a total of 32
submissions received (attached at Appendix 1). Given the strategic nature of the Back
Beach and the need for an integrated plan which incorporates coastal protection,
environmental issues, foreshore enhancement, land use planning and design guidelines, the
City of Bunbury decided to prepare a Structure Plan for this area.

In September 2002 the Minister for Planning established a Ministerial Taskforce to
investigate the impact of combining tourist and permanent residential accommodation on
tourist-zoned land.

On 14 April 2003 the City of Bunbury formally sought additional funding for the preparation
of the Back Beach Structure Plan from the Department for Planning and Infrastructure. On 3
June 2003 the DPI confirmed that $20,000 was made available for the City of Bunbury to
conduct the Back Beach Structure Plan.



                                                                                        Page 5
18 May 2004
Minutes - Council Committee Meeting
_________________________________________________________________________________

The Ministerial Taskforce released a report for public comment dated July 2003 entitled
“Investigation of the impact of combining tourist and permanent residential accommodation
on tourist zoned land and the impact of Strata Titling”. The recommendations of this report if
endorsed, in the opinion of the City, could have far reaching impacts on the City of
Bunbury’s coastal land (and in particular the Back Beach area). On the basis that the Back
Beach Structure Plan could not be prepared in isolation of the final outcomes of the
Ministerial Taskforce’s findings, the Department for Planning and Infrastructure advised the
City of Bunbury to defer progression of plans until such time that the Taskforce’s
recommendations had been finalised. A copy of this document will be available at the
Council meeting.

In September 2003 the City of Bunbury attended a workshop in Busselton hosted by the
Ministerial Taskforce. The purpose of the workshop was to summarise the findings of the
Taskforce and to discuss some of the recommendations made in the report. Following the
attendance at the Workshop, the City of Bunbury prepared a detailed written submission to
the Ministerial Taskforce dated 31 October 2003 (copy previously sent to Councillors, one
copy on display at Council Meeting). On 19 December 2003 the Ministerial Taskforce’s
Executive Officer acknowledged receipt of the City of Bunbury’s submission. The
Taskforce’s Executive Officer stated that the Taskforce in finalising its recommendations,
would take the content of the City of Bunbury’s submission into account. On completion of
the review of its recommendation, the Taskforce will submit a final report to the Minister for
Planning and Infrastructure. To date, no final report has been submitted to the Minister for
Planning and Infrastructure.

A letter dated 11 May 2004 from the Department for Planning and Infrastructure is attached
at Appendix 2 confirming the request to defer the consideration of the Back Beach Structure
Plan until certain conditions are met.

In summary the City of Bunbury has done the following to prepare the foundation for the
preparation and finalisation of the Back Beach Structure Plan:

*      Appointed Koltasz Smith to prepare draft design guidelines for the Back Beach;

*      Obtained public comments on the draft design guidelines;

*      Secured joint funding for the preparation of the Back Beach Structure Plan (City of
       Bunbury and Department for Planning and Infrastructure);

*      Prepared a draft brief for consultants to commence with the Back Beach Structure
       Plan;

*      Participated in the Ministerial Taskforce session and submitted preliminary
       commentary in November 2002;

*      Assessed in detail the Ministerial Taskforce’s Report;

*      Attended the workshop in Busselton coordinated by the Ministerial Taskforce;

*      Prepared a detailed submission for the Ministerial Taskforce; and


                                                                                       Page 6
18 May 2004
Minutes - Council Committee Meeting
_________________________________________________________________________________


*      Prepared the City Vision Strategy’s broad outcomes and scope of work and the
       incorporation of the proposed Back Beach Structure Plan into an overall Blueprint
       Plan for the City of Bunbury. It is important that the Back Beach Structure Plan be
       part of this greater City Vision Strategy otherwise the Structure Plan will be prepared
       in isolation and ad hoc planning results – something which the City of Bunbury is
       trying to address via the City Vision Strategy.

COMMENTS FROM WATTS & WOODHOUSE AND SLEE ANDERSON &
PIDGEON

It would be open to the City to seek legal opinion on changes which could be made to Town
Planning Scheme No. 7 to control height and bulk.

Motion 3 seeks to have the City “place an immediate height restriction of 2 storeys on any
coastal development …” A height restriction which has the force of law could only be
introduced by way of a scheme amendment of Town Planning Scheme 7 which introduces
such a restriction.

It may be possible for the City to adopt a planning policy dealing with height but such a
policy would be a guide only and no more than a relevant consideration when determining an
application for planning approval. The existence of such a policy would not detract from the
Council’s obligation to deal with each planning application on its individual merits.


Slee Anderson & Pidgeon were approached for advice and sought specialist advice from
Watts & Woodhouse



EXECUTIVE RECOMMENDATION

1.     Council restates its commitment to fund and progress formulation of the Back Beach
       Development Plan subject to finalisation of the Ministerial Taskforce’s report and
       final recommendations with the intent that the plan:

       1.1    Is approved as a Structure Plan under the provisions of Clause 5.9.13 of Town
              Planning Scheme No. 7 and endorsed by Council and approved by the
              Western Australian Planning Commission.
       1.2    Becomes the basis for a future Scheme Amendment.

2.     Council note comments provided by Slee Anderson & Pidgeon and Watts &
       Woodhouse.




                                                                                       Page 7
18 May 2004
Minutes - Council Committee Meeting
_________________________________________________________________________________


AT THE COMMITTEE MEETING ON 18 MAY 2004:

Cr T Smith declared a proximity interest in Item 11.1: Special Electors’ Meeting Strategic
Planning Matters. Cr Smith chose to remain in the Chamber for the duration of the
discussion and vote on the item.

Mr Paul Benson of Olsen Grove addressed the Committee in favour of the Back Beach
Development Plan. Mr Benson read an excerpt of a letter from Rob Gillies, Chief of Staff for
the Minister, dated 7 April 2004, which stated (in part):

“…to ensure there are appropriate policies and guidelines in the future it is timely for the
Back Beach Structure Plan to be prepared and for the community to be involved. For the
plan to be effective I believe it needs to be acceptable to the community and development
industry. I am confident that the preparation of this plan will include adequate public
consultation and that the Commission will give due regard to the community’s input.”

The Executive Manager City Development advised:

*      The $20,000 was a funding allocation from DPI and the Planning Commission,
       however shortly afterwards there were problems associated with additional
       consultation being needed for the Taskforce and the Minister requested a greater level
       of consultation prior to being considered.

*      Council have been advised that the Taskforce should have recommendations finalised
       shortly.

*      In regard to the letter from the Minister’s Office, it is assumed that the Chief of Staff
       would have spoken to the regional manager who would have advised him that it is
       actually the DPI that has requested the deferral. This is a matter of communication
       between the Minister’s Chief of Staff and the Regional Manager of one of their
       departments.

*      Council cannot impose a planning zone of its own volition, it can only initiate that
       zoning change. That would then need to be put out to consultation, be approved by
       the Planning Commission and then be supported by the Minister. Any immediacy
       would be no quicker than twelve (12) months. Before inclusion of a condition of
       height restriction the Planning Commission would want a structure plan in place prior
       to consideration of any rezoning.

Mr Brendan Kelly of Turner Street addressed the Committee against the Executive
Recommendation.




                                                                                         Page 8
18 May 2004
Minutes - Council Committee Meeting
_________________________________________________________________________________




Cr D Smith moved the following resolution to allow Council to seek legal opinion on
changes which could be made to Town Planning Scheme No. 7 to control height and bulk:

“1.    Council restates its commitment to fund and progress formulation of the Back Beach
       Development Plan in conjunction with finalisation of the Ministerial Taskforce’s
       report and final recommendations with the intent that the plan:

       1.1    Is approved as a Structure Plan under the provisions of Clause 5.9.13 of Town
              Planning Scheme No. 7 and endorsed by Council and approved by the
              Western Australian Planning Commission.

       1.2    Becomes the basis for a future Scheme Amendment.

       1.3    Has the policies to enforce same plan

2.     Council engage Denise McLeod & Associates and/or Freehills as to what changes are
       required to TPS No. 7 and the policies which govern it to enable Council to control
       bulk and height of all buildings within 800 metres of the high water mark.”


In responses to questions from Members the Executive Manager City Development advised:

*      There is a statement under the housing strategy which provides that the intent in
       residential development should be two stories but it is generally a nine (9) metre
       height restriction, including the South Bunbury and Mangles area.

*      Residential Housing is covered under the “R Codes” which is a Planning Commission
       guideline and is enforceable, these are quite specific on where and how the ground
       level is measured, and covers all areas zoned residential.

*      It is possible to create a statement whereby non-residential buildings are forced to
       comply with the same rules as residential in regard to ground levels. There are two
       ways of doing this:

       -      As a Local Planning Policy, however there is a question of ultimate
              enforceability. This can be challenged at the Tribunal.

       -      Through a scheme amendment. If it is a statement in the scheme text it has the
              weight of law behind it.

       The provision of this statement would provide some clarity, as a statement added into
       the current scheme text which would give guidance in the future. The amendment
       would not take affect until it has been through the process and signed off by the
       Minister, which takes approximately twelve (12) months.

*      An omnibus amendment is currently being prepared for TPS No. 7 which picks up
       various anomalies and other changes and improvements which have been determined


                                                                                       Page 9
18 May 2004
Minutes - Council Committee Meeting
_________________________________________________________________________________

       since its gazettal. This could be included in the omnibus amendment. It is possible to
       direct planners to include this amendment.

*      The query with ground level determination falls within the “Special Use Zones”
       where the zone is purely in terms of land use and there are no other conditions.
       Including this clause in the omnibus amendment would say that where a special use
       zone is silent in finding the ground level, the provisions of the R Code apply.

*      The majority of the background work for the Back Beach Development Plan was
       undertaken for the discussion paper. Commitment was originally given to Council
       that the Taskforce would be completed by December 2002 and it was on that basis
       that City originally agreed to participate. It is now two years later and it is not due to
       the City.

*      Costs involved with the Committee Recommendation would be approximately
       $10,000 to $50,000 (however this would be confirmed by the next meeting).

*      The Minister is aware of Council’s concerns in terms of delays. Council supported
       three (3) rezonings which the Minister has refused whilst awaiting the outcomes of
       the Taskforce.

*      The area covered under Point 2 of the Committee recommendation will effectively
       result in a citywide policy being introduced. It is normal procedure to get opinions
       and legal advice in the introduction of a policy such as this. Once the legal advice has
       been received and the policy determined, it will still require approval by Council, the
       WAPC and the Minister.

*      Possible costings would be sought for presentation to the full Council meeting
       scheduled for 25 May 2004.

In response to questions from members the Chief Executive Officer advised:

*      That if the costs associated with part 2 of the Committee Recommendation are
       foreseen as being greater than $50,000 the tender process would need to be followed.

*      A budget amendment would need to be made to allow for provision of funding.

The Presiding Member requested that the Executive Director City Development provide
costings associated with part 2 of the Committee Recommendation to the Council Meeting
scheduled for 25 May 2004.


Committee Recommendation:             Moved Cr D Smith        Seconded Cr Major

1.     Council restates its commitment to fund and progress formulation of the Back
       Beach Development Plan in conjunction with finalisation of the Ministerial
       Taskforce’s report and final recommendations with the intent that the plan:




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      18 May 2004
      Minutes - Council Committee Meeting
      _________________________________________________________________________________

             1.1    Is approved as a Structure Plan under the provisions of Clause 5.9.13 of
                    Town Planning Scheme No. 7 and endorsed by Council and approved by the
                    Western Australian Planning Commission.

             1.2    Becomes the basis for a future Scheme Amendment.

             1.3    Has the policies to enforce same plan

                                                                                      CARRIED
                                                                  11 Votes “For” / 1 Vote “Against”

      Committee Recommendation:           Moved Cr D Smith     Seconded Cr Major

      2.     Council engage Denise McLeod & Associates and/or Freehills as to what changes
             are required to TPS No. 7 and the policies which govern it to enable Council to
             control bulk and height of all buildings within 800 metres of the high water mark.

                                                                                      CARRIED
                                                                  11 Votes “For” / 1 Vote “Against”


Note: The Committee amended the Executive Recommendation to allow for legal advice on the
      introduction of policies to enable Council to control bulk and height of buildings.




                                                                                         Page 11
       18 May 2004
       Minutes - Council Committee Meeting
       _________________________________________________________________________________


11.2   PROPOSED TWO GROUPED DWELLINGS – REGULARISATION OF FRONT
       SETBACK – LOT 253 (NO. 35) MARLSTON DRIVE, BUNBURY

       File Ref:                P12442
       Applicant/Proponent:     Wayne Alexander
       Author:                  Sam McNeilly, Senior Planner
       Executive:               Tony Brun, Executive Manager City Development

       Summary

       Council Decided (113/04) at its meeting held 11 May 2004 to consider revoking Council
       Decision 73/04 made 30 March 2004 however the revocation motion was tied six (6) votes
       for, six (6) votes against, as the Mayor was unable to use his casting vote, therefore not
       achieving the “Absolute Majority Vote” as required by Regulation 10 of the Local
       Government (Administration) Regulations 1996. Accordingly Part 3 of the
       Executive/Committee Recommendation, dealing with the new proposal, could not be
       considered and the former Decision (73/04) of 30 March 2004 remained.

       Standing Order 16.3 states (in part):

       “Should the Mayor or Presiding Member not wish to cast a second vote (or where an
       equality of votes remains for whatever reason), the item is to automatically be included on
       the agenda for the next meeting of the Council or Committee. Additional comments from
       Officers are to be supplied at the next meeting only if lack of information was deemed
       responsible by the Mayor/Presiding member for the equality of the votes.”

       In accordance with Standing Order 16.3 this item has been included on the agenda for this
       round of meetings.

       The City has received a formal request (letter dated 19 April 2004) for reconsideration of a
       development application for two grouped dwellings on Lot 253 corner Marlston Drive and
       Haydock Street. The proponent has requested the application be re-assessed with specific
       reference to Haydock Street. A location plan is attached at Appendix 3.

       Council considered the application from the proponent for two grouped dwellings on Lot 253
       Marlston Drive at its meeting on 30 March 2004, where it decided not to grant approval to
       reduce the Marlston Drive setback below 4 metres as indicated in the Marlston Hill Stage 3
       Design Guidelines and to require a 3 metre setback to Haydock Street. A copy of the site
       plan is attached at Appendix 4.

       Whereas the setbacks to Marlston Drive (and the truncation) are clearly defined in the
       Marlston Hill Policy document, the policy allows flexibility of consideration of setbacks for
       Haydock Street i.e., reference to the Residential Planning Codes 2002 (essentially down to
       1.5 metres).

       A level of misinterpretation occurred when the matter was first considered (in terms of
       requiring a 3 metre setback for Haydock Street) in that it was believed the proposed
       development was to be in an “established area”. Council’s Residential Development Design


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Guidelines policy states that, “in established areas, the primary street building setback to the
street shall be a 6m setback (average) with a minimum of 3 metres…”. On closer analysis,
Development Services officers are of the view (notwithstanding that a substantial part of the
Marlston Hill neighbourhood has been completed) the block is not in fact, in an established
area in terms of the precise meaning of the word “established” in the policy document.

Furthermore, it is noted that the development application submitted on 30 March 2004 was
considered as having two primary streets which is not consistent with the Marlston Hill Stage
3 Design Guidelines.

If these basic facts are accepted then it is reasonable to assume that the matter should be re-
considered by Council.

The proponent, in his submission, has also listed a number of examples where a reduced
setback has been granted in what appears to be relatively identical circumstances. Essentially
the proponent is correct in terms of there having been some level of dispensation regarding
past decision making concerning front setbacks.

Background

Mr Alexander’s letter to Council (dated 19 April 2004) is quoted verbatim as follows.

“I am writing to ask that Council reconsider the development application for lot 253
Marlston Drive. Most importantly the 3m setback on the secondary street, which affects my
balconies and porticos. From reading the planning guidelines I believe there is minimal if no
effect on the streetscape, and there are a large number of relaxed setbacks already granted
by Council which have greater effect on the streetscape two of which are on my street.

I was advised that Council refused my application to maintain uniformity and consistency.

Please find below addressees of relevant properties that appear to have reduced setbacks to
primary, secondary streets and also to truncations in Marlston Hill. They are as follows:

33 Marlston Drive
Lot 297 Marlston Drive
17 Marlston Drive
2 Whale View
10 Whale View
15 Whale View
13 Whale View
16 Baudin Tce.
1 The Strand
7 The Strand
31 Marlston Drive
11 The Strand (Cnr. Samuel Wright)
1, 5 & 7 Whale View
17 Samuel Wright
8 Samuel Wright (Cnr. Lumper St) ”



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Council considered the matter at its meeting on 30 March 2004 where it resolved as follows:

Council Decision 73/04 - 30 March 2004

Council, under by virtue of the powers conferred upon it in that behalf of the Town Planning
and Development Act 1928 (as amended) hereby resolves not to approve the proposed two
grouped dwellings development at Lot 253 Marlston Drive for the following reasons:

1.     The proposal is inconsistent with the City’s Local Planning Policy Marlston Hill
       (Stage 3) Design Guidelines with respect to street setback requirement (4m
       minimum).

2.     The proposal does not comply with the City’s Local Planning Policy – ‘Design
       Guidelines for Residential Development’ in relation to Secondary Street setback (3m
       minimum).

3.     Approval of the proposed two grouped dwellings at Lot 253 Marlston Drive with
       reduced street setbacks will have a precedent effect hence compromising the
       application of Marlston Hill (Stage 3) Design Guidelines.

Proposal

The proponent requests Council to allow a 1.5 metre setback to Haydock Street.

The development format is best appreciated by reference to the submitted drawings. The
development consists of a proposal to construct a two-storey grouped dwelling. The
architecture is contemporary in nature and is not dissimilar to the majority of residential
developments in the Marlston Hill Stage 3 area.

The core issue is that, as the Council Decision of the 30 March 2004 stands, the applicant is
bound to provide a three (3) metre setback to Haydock Street and that this would essentially
preclude his being able to build a balcony at first floor level and the porticos at ground floor
level, as originally designed. This would essentially result in the applicant having to
substantially redesign his development.

The following criteria are considered to be relevant in terms of properly considering the
matter.

Provisions of the current Town Planning Scheme (TPS 7)

The land is currently zoned Residential R60 and is located within an area subject of the
provisions of the Marlston Hill Stage 3 Design Guidelines.

The proposed development complies with the core provisions of the current Town Planning
Scheme (TPS 7) in respect of land use.




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Provisions of the Marlston Hill Stage 3 Design Guidelines

The key point in respect of the submission by the proponent is that the Marlston Hill Design
Guidelines ("MHDG") Stage 3 specify a four (4) metre front setback to Marlston Drive and
the truncation area (see plan attached at Appendix 4). No setback is specified for the other
(secondary) frontage to Haydock Street.

The MHDG state that “where no setback is specified, refer to the R-Codes. (Cl. 3.4)”

Provisions of the Residential Design Codes 2002

The Residential Design Codes ("RDC") 2002 make provision for approving the proposal to
allow a secondary street setback at 1.5 metres as shown underlined in the extract of clause
3.2.1 below:

Clause 3.2.1 (under Streetscape) refers to the setback of buildings generally and states:

“... in the case of areas coded R15 or higher, where:

-      a grouped dwelling has its main frontage to a secondary street;

-      a single house results from subdivision of an original corner lot and has its frontage
       to the original secondary street; or,

-      a single house or grouped dwelling has its main frontage to a communal street, right-
       of-way or shared pedestrian or vehicle access way,

the street setback may be reduced to a 2.5m, or 1.5m to a porch verandah , balcony or the
equivalent;….”

Reference to Past Decision-Making

Past decision-making whilst not necessarily binding on Council in its consideration of this
matter, does to an extent provide a basis for future decision-making in terms of consistency.

The applicant, in his submission, has provided a list of fifteen (15) properties that he believes
supports his case. Development Services officers have reviewed the list and reduced it to
nine (9) properties (to arrive at an 'apple for apple' comparison) based on two criteria:

1.     Being in an R60 zone, and;
2.     Being on a corner lot.

All other lots listed by the proponent are normal frontage lots or are located within an R20
zone.

An analysis by Development Services of the properties points to the fact that, in the majority
of such cases, the applicant was allowed a level of dispensation regarding the secondary
street setbacks. The most recent, and most relevant, example is that of Lot 297 (No. 1)



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Baudin Terrace (see plan attached at Appendix 5) - in this case the applicant was permitted
to have a 1.5 metre setback (as is requested by the applicant in the case under consideration).

On balance, it is considered that it would be reasonable and in order for Council to grant its
approval to allow the setback to the secondary street to be 1.5 metres for the following
reasons:

a)     In that such a determination would be consistent with past decision-making by
       Council over the past few years;

b)     In that whereas the MHDG provides specifically that the Marlston Drive setback
       should be 4 metres, there is no specific requirement for the secondary street (Haydock
       Street) and that reference can be made to the RDC;

c)     Council has the power to make such a determination and to grant planning approval in
       this regard;

d)     In that it is considered that there was a level of misinterpretation in respect of
       determining that the Marlston Hill Stage 3 area is at this point in time an “established”
       area in terms of the Policy document titled “Residential Development Design
       Guidelines” and accordingly, there is no specific basis for requiring a 3 metre setback
       to Haydock Street. One could therefore rely on reference to the RDC to allow a
       setback at 1.5 metres; and,

e)     Whilst Council’s determination should be made free from any consideration to the
       possibility of an appeal to the Planning Appeals Tribunal, the point is made that
       should Council refuse to grant planning approval in this instance and should the
       applicant determine to appeal to the Tribunal, it is considered that the likelihood of
       such an appeal being upheld would be relatively high.

Strategic Outcomes

Council’s 2002-2007 Strategic Plan states that the City of Bunbury is to (as a core mission)
promote a safe and attractive City for the community and visitors through the implementation
of appropriate policies, local laws and legislation.

It is considered that the broad direction of the 2002-2007 Strategic Plan would not be
compromised by approving the proposed development.

Community Consultation

Specific community consultation was not required from a statutory perspective in respect of
the subject application.

Councillor/Officer Consultation

The matter has been broadly canvassed at staff level with a view to gaining maximum input
into the decision-making process.



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Analysis of Financial and Budget Implications

Currently there are no known adverse financial or Municipal Budget implications

Environmental Issues

There are no known environmental issues relating to the proposed development

Employment Outcome

The employment outcome would be positive. Any construction associated with the proposed
development would result in the further underpinning of job opportunities in the Bunbury
region.

Council Policy Compliance

The proposal is subject of two Local Planning Policies namely Marlston Hill (Stage 3)
Design Guidelines and Design Guidelines for Residential Development. Officially, it is
considered that the proposed development would be consistent with both policies so long as
the front setback from Marlston Drive and the truncation are retained at 4 metres.

Legislative Compliance

Legislative requirements relating to the Local Government Act 1995 or any other Act, Local
Law, or Regulations have been complied with in the processes leading up to the finalisation
of this report.

Delegation of Authority

The applicant has specifically requested that Council reconsider its prior decision on the
matter.

Relevant Precedents

The list of properties given by the applicant provides, to some extent, a level of argument in
terms of precedent as mentioned earlier in this report.

Possible Options

Option 1

Per the Executive Recommendation.

Option 2

Council reiterates its decision of 30 March 2004.




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Should Council determine not to grant planning approval specifically in terms of the request
to reduce the front setback to 1.5 metres from Haydock Street, a possible format for such a
determination would read as follows:

"Council, under by virtue of the powers conferred upon it in that behalf of the Town Planning
and Development Act 1928 (as amended) hereby resolves not to approve the proposed two
grouped dwellings development at Lot 253 Marlston Drive for the following reasons:

1.     The proposal is inconsistent with the City’s Local Planning Policy Marlston Hill
       (Stage 3) Design Guidelines with respect to street setback requirement (i.e., 4 metre
       minimum).

2.     The proposal does not comply with the City’s Local Planning Policy – ‘Design
       Guidelines for Residential Development’ in relation to Secondary Street setback
       (3 metre minimum).

3.     Approval of the proposed two grouped dwellings at Lot 253 Marlston Drive with
       reduced street setbacks will have a precedent effect hence compromising the future
       application of Marlston Hill (Stage 3) Design Guidelines."

Conclusion

It is considered that it would be in order for Council to support the applicant’s request for a
setback for the secondary street at 1.5 metres. Such a determination is considered to be
soundly based in light of past decision-making and in that the Marlston Hill Stage 3 Design
Guidelines make specific provision for allowing secondary street setbacks (where the
building fronts a secondary street) to be 1.5 metres and in light of the provisions of the
Residential Design Codes. Arguably in terms of making the best economic use of land, the
rationale for this provision is to ensure that developers of corner lots are not penalised by
having to provide two significant setbacks thereby reducing the amount of developable land.


AT THE COMMITTEE MEETING ON 18 MAY 2004:

Mr Neil Botica spoke on behalf of the Applicant/Proponent and outlined the history of the
proposal. He spoke in favour of the Executive Recommendation.

The Executive Recommendations became the Committee Recommendations as follows:


Executive/Committee Recommendation:           Moved Cr Hill          Seconded Cr Hart

PART 1

Pursuant to Section 5.25 of the Local Government Act 1995 and 10(1)(b) of the Local
Government (Administration) Regulations 1996, Council consider revoking Council
Decision 73/04 made at its meeting held on 30 March 2004, which reads as follows:




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"Council, under by virtue of the powers conferred upon it in that behalf of the Town
Planning and Development Act 1928 (as amended) hereby resolves not to approve the
proposed two grouped dwellings development at Lot 253 Marlston Drive for the following
reasons:

1.     The proposal is inconsistent with the City’s Local Planning Policy Marlston Hill
       (Stage 3) Design Guidelines with respect to street setback requirement (4m
       minimum).

2.     The proposal does not comply with the City’s Local Planning Policy – ‘Design
       Guidelines for Residential Development’ in relation to Secondary Street setback
       (3m minimum).

3.     Approval of the proposed two grouped dwellings at Lot 253 Marlston Drive with
       reduced street setbacks will have a precedent effect hence compromising the
       application of Marlston Hill (Stage 3) Design Guidelines."

                                                                                 CARRIED
                                                          12 Votes “For” / Nil Votes “Against”

                         ABSOLUTE MAJORITY OBTAINED

Note: Reg. 10(1)(a) of the Local Government (Administration) Regulations 1996, requires
that the above Motion be passed by an absolute majority of members of the Council inclusive
of the mover, as “an attempt to revoke or change the decision had been made within the
previous 3 months but had failed”.


Executive/Committee Recommendation:        Moved Cr Hill          Seconded Cr Jones

PART 2

Council revoke Council Decision 73/04 made at its meeting held on 30 March 2004, which
reads as follows:

"Council, under by virtue of the powers conferred upon it in that behalf of the Town
Planning and Development Act 1928 (as amended) hereby resolves not to approve the
proposed two grouped dwellings development at Lot 253 Marlston Drive for the following
reasons:

1.     The proposal is inconsistent with the City’s Local Planning Policy Marlston Hill
       (Stage 3) Design Guidelines with respect to street setback requirement (4m
       minimum).

2.     The proposal does not comply with the City’s Local Planning Policy – ‘Design
       Guidelines for Residential Development’ in relation to Secondary Street setback
       (3m minimum).




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3.     Approval of the proposed two grouped dwellings at Lot 253 Marlston Drive with
       reduced street setbacks will have a precedent effect hence compromising the
       application of Marlston Hill (Stage 3) Design Guidelines."

                                                                                CARRIED
                                                         12 Votes “For” / Nil Votes “Against”

                        ABSOLUTE MAJORITY OBTAINED

Note: The above Motion will require an Absolute Majority Vote at the Council Meeting


Executive/Committee Recommendation:       Moved Cr Hill          Seconded Cr Hart

PART 3

Council, under and by virtue of the powers conferred upon it in that behalf by the Town
Planning and Development Act 1928 (as amended) hereby resolves to approve the proposed
two grouped dwellings development at Lot 253 Marlston Drive subject to the following
conditions:

1.     Use and Development

       1.1    The premises being used in accordance with the definition of ‘Grouped
              Dwelling’ contained under the Residential Design Codes as adopted by the
              City’s Town Planning Scheme No.7 unless otherwise approved by Council.

       1.2    All development approval shall be in accordance with the approved
              development plans, which form part of this Planning Approval.

       1.3    This approval shall expire unless the works hereby authorised have been
              commenced within twelve months and completed within two years of the
              date of issue, or within any extended period for which Council has granted
              written consent. Any application for such consent must be made within one
              month of the date of expiry of the approval.

       1.4    Balcony to Unit 2 overlooking Lot 252 to be screened in accordance with
              Clause 3.8.1 (Visual Privacy) of the Residential Design Codes (2002)

       1.5    The setback to Marlston Drive is to be a minimum of 4 metres pursuant to
              Council’s policy document titled “Marlston Hill Stage 3 Design Guidelines”.

       1.6    The setback to Haydock St. is to be a minimum of 1.5 metres pursuant to the
              provisions of the Residential Design Codes 2002 (Cl. 3.2.1).

2.     Drainage and Road Requirements

       2.1    The access way(s), parking areas(s), turning area(s) shall be constructed,
              kerbed, formed, graded, drained, line marked and finished with a sealed or


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                 paved surface or equivalent by the developer to an approved design to
                 satisfaction of the City Engineer. Once constructed, the access way(s),
                 parking area(s) and turning area(s) shall be maintained at all times to the
                 satisfaction of the City Engineer. (Advice Note: Design and construction
                 standards shall be in accordance with the relevant standards including
                 Australian Standards, Austroads, Aus Spec, City of Bunbury Engineering
                 Design and Construction Standards, City of Bunbury Standard Drawings
                 and other relevant standards).

       2.2       The applicant to construct and maintain vehicle crossovers to the
                 development. Existing crossovers not required for the proposed
                 development shall be closed; the verge made good and kerbing constructed
                 where applicable by the developer, immediately upon completion of the
                 building. Advice Note: Crossovers shall be in accordance with Council’s
                 Standard Drawings MISC–01-03; MISC-01-04; MISC-01-05 or approved
                 alternative design (standard drawing is dependent on construction method).

       2.3       Crossovers shall not exceed maximum grades without written approval from
                 the City Engineer. Clear pedestrian access to the road reserve shall be
                 maintained, free of trip hazards. Crossover rebate (where applicable) will
                 only apply where construction has occurred in accordance with standard
                 drawings.

       2.4       The applicant shall dispose of stormwater onsite. Detailed plans and
                 specifications relating to the disposal of stormwater and groundwater for the
                 development being submitted to the satisfaction of the City Engineer prior to
                 the issuance of a building licence. (Advice Note: The applicant to provide
                 for 1m3 of storage for stormwater for each 65m2 of impervious area,
                 including parking, driveways, other paved and sealed areas and roof areas.)

3.     Health

       The property shall be connected to the Water Corporation sewer.


Guidance Notes

a)     This is not a Building Licence. This development is subject to a building licence approval – an
       application shall be made with Council’s Building Services prior to commencement of works on-site.

b)     All documentation submitted with the application shall be in accordance with the Building Regulations
       1989 and the Building Code of Australia 1996 – Volume 2, including in particular, detailed plans and
       specifications for the site works (including finished ground and floor levels), storm water and roof run-
       off disposal, existing easements, cross-over and parking areas (including pavement type), to the
       satisfaction of Council.

c)     The Application is subject to the Plans and Specifications being in accordance with the Subdivision
       Requirements (Design Guidelines) as set out in the conditions of the sale of the land.

d)     The Plans and Specifications must be submitted to the Water Corporation for approval.




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e)    A Geotechnical Site Report covering the whole site, must be prepared in accordance with AS 2870, by
      a Practising Structural Engineer on behalf of the applicant and must be submitted to ascertain the soil
      type and classification and is required prior to the issue of the Building Licence.

f)    Applicants are reminded of their obligation to ensure that all sand drift, waste, building materials and
      equipment are contained within the boundaries of the site during the construction period.

g)    Retaining wall(s) are to be constructed for earth banks caused by any required filling or excavation of
      the site and the retained area(s) must be landscaped.


h)    Aqwest Headworks Fees will be assessed on application for a building licence.

i)    Aqwest’s policy on water supply connections to multi-residential properties will apply to this
      development.


                                                                                                  CARRIED
                                                                         9 Votes “For” / 3 Votes “Against”




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11.3   PROPOSED LEASE OF RESERVE 28408 (LOT 474) BUSSELL HIGHWAY,
       BUNBURY – INTEGRATED WITH TOWN PLANNING SCHEME AMENDMENT
       FOR THE ADJOINING LOT 2 (THIS ITEM WAS LISTED AS ITEM 11.12 ON THE MEETING
       AGENDA)

       File Ref:            P1266-02
       Applicant/Proponent: Thompson McRobert Edgeloe (on behalf of the proponents M Fagan
                            and R Jones)
       Author:              John Beaton, Manager Administration and Property Services
       Executive:           Ken Weary, Executive Manager Corporate Services

       Summary

       This report deals with the proposal to lease Reserve 28408 (Lot 474) Bussell Highway,
       Bunbury to M Fagan and R Jones as part of the proponent’s integrated redevelopment on the
       adjoining Lot 2. The Reserve will be used for car parking and landscaping purposes. The
       provision for car parking on the Reserve are in addition to the car parking requirements
       stipulated in the Development Condition for Lot 2.

       Thompson McRobert Edgeloe (“TME”) on behalf of the proponents M Fagan and R Jones
       has previously submitted a Town Planning Scheme No. 7 amendment application requesting:

       a)     Council allow a modification to the current list of permitted uses and development
              conditions under the “Special Use” zone (to accommodate Motor Vehicle Sales and
              Report Outlet) which currently applies to Lot 2; and

       b)     Council support the assignment of an existing lease agreement between Council and
              Forrest Drive-In Pty Ltd (former owner of Lot 2) over the adjoining Reserve 28408
              Lot 474.

       A copy of the site plan is attached at Appendix 11.

       At its meetings held 23 September 2003 (273/03) and 3 February 2004 (12/04) Council
       considered the application and extracts of Council’s decisions are as follows:

       Council agrees to enter into negotiations to assign the lease from Forrest Drive-in Theatre Pty
       Ltd to any future owners and enter into a new lease with the proponent over Reserve 28408
       Bussell Highway on the following conditions:

       Council Decision 273/03

       “1.    The term of the lease be for twenty one (21) years in accordance with the terms and
              conditions contained in this report.

       2.     The approval of the Minister for Lands.




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3.     The intention to assign the lease and enter into a new lease be advertised pursuant to
       Section 3.58(3) and (4) of the Local Government Act 1995 as follows:

       3.1    By state-wide public notice in The West Australian.

       3.2    Locally by providing notice on the Public Notice Board at the City's
              Administration Centre, Central Library and Withers Library.

4.     At the close of the public submission period the proposal to lease be referred back to
       Council for a final decision.”

Council Decision 12/04

“Council, under and by virtue of the powers conferred upon it in that behalf of the Town
Planning and Development Act 1928 (as amended), hereby resolves to:

1.     Note the submissions received.

2.     Adopt Town Planning Scheme No. 7 Amendment 7 for final approval with
       modifications as follows:

       2.1    Modify Schedule 2 – Special Use 35 (Lot 2 Bussell Highway) of the Scheme
              Text to include an additional ‘Special Use’ being Motor Vehicle Sales and
              Repair Outlet.

       2.2    Modify Schedule 2 – Special Use 35 (Lot 2 Bussell Highway) of the Scheme
              Text to amend the Development Conditions as follows:

              "All development in the “Special Use-Commercial Residential Development”
              zone shall be in accordance with a comprehensive development plan approved
              by Council or any approved variations thereto which addresses the following
              requirements:

              Access and egress
              Pedestrian access and movement
              Vehicular access and movement
              Building Height and Scale
              Landscaping and aesthetic treatment of Lot 2 and adjoining Reserves to
              ensure the highest standard of development occurs commensurate to site being
              the southern entry to Bunbury
              Car Parking
              Public Transport
              Integration with adjoining residential areas
              Integration with adjoining Reserve (Reserve 28408) as determined under the
              lease agreement between the City and the owner."

3.     The supplementary Concept Development Plan to be considered as only indicative
       and not endorsed as part of this proposal, as the entire site has not been properly
       assessed for Mixed Development as specified under the City’s Commercial strategy.


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       (Note: The Concept Plan is to be amended to denote proposed development on the
       caravan site and Reserve 23839 as indicative only).

4.     Access from/to Adam Road is not permitted for traffic safety reasons. Any future
       development proposal for Lot 2 Bussell Highway should seek alternative access to the
       site. (Note: The Concept Plan is to be amended accordingly).

5.     Ethnographic and archaeological surveys of the area to be conducted by suitably
       qualified consultants prior to works commencing on-site in order to determine
       whether or not the site is of Aboriginal Heritage significance. (Note: The applicant is
       advised to liaise with the Department of Indigenous Affairs).

6.     Advise the submitters of Council’s decision.”

Background

Following the adoption of the Town Planning Scheme No. 7 Amendment the proposal to
enter into a lease was advertised inviting public submissions. Two objecting submissions
were received at the close of the submission period on 7 April 2004. The Schedule of
Submissions is attached at Appendix 12.

The key points raised, identifies the need to retain the paperbark trees, forms the view that the
Reserve would be best managed by the community as the southern entry statement to the City
and a long-term lease would be detrimental to the land and the proponent is positioned
purchase the reserve.

It is the view of the City’s Executive that the concerns expressed in the submission are
adequately addressed in the Development Conditions, which states:

“Landscaping and aesthetic treatment of Lot 2 and adjoining Reserve to ensure the highest
standard of development occurs commensurate to site being the southern entry to Bunbury.”

Proposed Lease Details

Commencement Date:              1 June 2004
Term:                           Twenty-one (21) years
Expiry Date:                    31 May 2025
Land Rental:                    $7,800 plus GST based on the Valuer General’s valuation with
                                the Lessee responsible for all outgoings.
Rent Review:                    To be conducted every third anniversary date during the term.
Land Status:                    Bunbury Lot 474 on Land Administration Diagram 83477 the
                                subject of Reserve 28408 and being the whole of the land
                                comprised in Crown Land Record Vol 3007 Fol 607 with the
                                power to lease for a term of up to twenty-one (21) years.
Management Order                Parking (Public Car Parking)
Purpose:
Permitted Use:                  Parking
Zoning:                         Parks and Recreation



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Proposed Lease Details (cont.)

Area:                            8,172m2
Insurance:                       Lessee to provide general insurance for contents and
                                 equipment and provide public risk insurance of $10M.
Preparation of Lease Costs:      $500 includes documentation, registration, advertising and
                                 valuations.

The proponent has requested the Lease contain the clause that if during the term of the lease
Reserve 28408 becomes available to purchase, they be given first right of refusal to purchase.

City’s Executive are currently investigating a Commercial Strategy for the area, including
Reserve 28408. If the Reserve is offered to the market the proponent’s interest will be
subject of separate consideration by Council at the appropriate time.

Other terms and conditions will be in keeping with other commercial lease agreements.

City’s Executive and the proponents have mutually agreed on the terms and conditions.

Strategic and/or Regional Outcomes

Strategic Outcomes

The proposal endorses the City’s Strategic Direction 2(b) that provides direction to “Promote
leasing of Council controlled land”.

The proposal also complies with the City’s Commercial Strategy for the precinct.

Regional Outcomes

The proposal demonstrates the willingness of the proponent to invest and sustain business
growth to the economy of the city.

Community Consultation

The proposal to enter into the Lease was advertised in “The West Australian” newspaper on
23 March 2004, City Update Column of the Bunbury Mail on 24 March 2004, on the City’s
Internet and was displayed on the public notice boards at the Administrative Centre, Central
Library and Withers Library.

Councillor/Officer Consultation

Council has considered the proposed redevelopment of Lot 2 and the assignment of the Lease
over 28408 (Lot 474) at its meetings held 23 September 2003 and 3 February 2004.




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Analysis of Financial and Budget Implications

The Annual Lease rental has been assessed by the Valuer General’s office and preparation of
the Lease document fees have been calculated in accordance with Council’s adopted fees and
charges for the 2003/2004 financial year.

Economic, Social, Environmental and Heritage Issues

Economic Issues

The proposed development sustains the economic growth and employment opportunities for
the City.

Environmental Issues

The Reserve is undeveloped and has been used for car parking purposes since 1980.

Any development of the land must meet the Development Conditions contained in this report.

Heritage Issues

There are no known heritage issues relative to the proposal.

Council Policy Compliance

It is considered that all Council Policies have been assessed in terms of the proposal to Lease.

Legislative Compliance

The Intention to Lease Reserve 28408 (Lot 474) was advertised for a period of fourteen (14)
days in accordance with Section 3.58(3) and (4) of the Local Government Act 1995 and
described in the Community Consultation section of this report.

Delegation of Authority

Delegation C7 for the Register of Delegations permits the Chief Executive Officer to
negotiate the terms of Lease. Any objective submissions received during the public
submission period, are required to be referred back to Council for final decision.

Relevant Precedents

Since 1980, Reserve 28408 has been leased for the purpose of car parking. The site is
undeveloped and the proposal to upgrade the land with car parking and landscaping will
benefit the amenity of the area in accordance with the Development Conditions integrated
with the adjoining Lot 2.




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Options

Option 1: Per the Executive Recommendation.

Option 2: Council not support the proposal to grant the Lease.

Conclusion

At its meeting held on 3 February 2004 Council agreed to adopt Town Planning Scheme No.
7 Amendment No. 7 for final approval over Lot 2 Bussell Highway to include an additional
“Special use” category for “Motor Vehicle Sales and Repair Outlet”. The adoption includes
the Integration of Lot 2 with the adjoining Reserve 28408 by virtue of a Lease Agreement.
The proposed development over Lot 2 and Reserve 28408 requires the proponents to comply
with Development Conditions included in this report.

The proposal to enter into a Lease Agreement provides:

1.     The City meets its responsibilities for the management, care and control of Reserve
       28408 for “Car Parking”.

2.     The proponent with the opportunity to develop Lot 2 on the reliance on the utilisation
       of Reserve 28408.

3.     The Terms and Conditions of the Lease have been mutually agreed by the City’s
       Executive and the proponents.


AT THE COMMITTEE MEETING ON 18 MAY 2004:

John Vukevich of Rand Court addressed the Committee and spoke against the Executive
Recommendation.

Ms Christie Millar of TME, on behalf of Messrs Fagan and Jones, was in attendance to
answer any questions from Councillors.

The Manager Administration and Property Services advised:

*      Car parking on the Reserve 28408 is restricted to public car parking only. The display
       or marketing of motor vehicles will not be permitted.

*      The proposal does not contradict the Management Order permitted use for parking
       and recreation.

*      The item is not involved with the development over Reserve 23839 and is referred to
       as being part of a commercial concept plan north of the St John Ambulance premises.

*      The proponent is required to provide a landscaping plan for Council’s consideration
       and accept the responsibilities for the upgrade and maintenance of the reserve during
       the term of the lease.


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The Presiding Member requested that the information regarding the possibility of signage and
the proposed entry statement be made available for the Council Meeting scheduled for 25
May 2004.

The Executive Recommendation became the Committee Recommendation as follows:


Executive/Committee Recommendation:         Moved Cr Hart         Seconded Cr Major

1.     Council agrees to grant a Lease to M Fagan and R Jones over Reserve 28408 (Lot
       474) Bussell Highway, Bunbury for a period of twenty-one (21) years in accordance
       with the conditions contained in this report.

2.     Obtain the approval of the Minister for Lands.

3.     Advise the submitters of Council’s decision.

                                                                                 CARRIED
                                                             11 Votes “For” / 1 Vote “Against”




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11.4   BUNBURY CLAY TARGET CLUB INC. - RENEWAL OF DEED OF LEASE (THIS
       ITEM WAS LISTED AS ITEM 11.10 ON THE MEETING AGENDA)

       File Ref:                F00040
       Applicant/Proponent:     Bunbury Clay Target Club Inc.
       Author:                  John Beaton, Manager Administration & Property Services
       Executive:               Ken Weary, Executive Manager Corporate Services

       Summary

       An application has been received from Bunbury Clay Target Club Inc. seeking Council
       consideration to extend the Club's lease over portion of Bunbury Endowment Reserve 670
       from 11 May 2004 to 30 June 2006. The “Holding Over” clause of the lease has been
       exercised while negotiations to extend the lease were mutually agreed.

       The extended term was determined according to the requirements of the adjacent Bunbury
       Airport's "Bunbury Airport Strategic Directions Plan 2000-2010" (adopted by Council at its
       meeting on 5 December 2000) and keeps in unison the common expiry date with Leases at
       the Bunbury Airport.

       The Club's existing location restricts the long-term development of the airport and an
       alternative site for the Clay Target Club Inc. needs to be found. The Bunbury Airport
       Strategic Directions Plan 2000-2010 identified the need for additional land to accommodate
       future expansion of the runway and hangar space.

       Background

       Bunbury Clay Target Club Inc. has held the lease over portion of Bunbury Endowment
       Reserve No. 670, South Western Highway since 14 May 1986. The Club acknowledges the
       impact the Bunbury Airport has on the current site.

       The land is held by the City of Bunbury on Certificate of Title Volume 3099 Folio 939
       (Bunbury Lots 640 and 641 on Land Administration Diagrams 84810 and 84811). A site
       plan is attached at Appendix 10.

       At the Council Meeting on 27 February 2001, it was decided to renew the lease to 10 May
       2004 subject to the Club making satisfactory progress to permanently relocate. The City's
       Executive and representatives of the Club have investigated a number of locations with
       surrounding local authorities, state authorities and private landowners without success. It is
       proposed therefore, that investigations be allowed to continue until 30 June 2006.

       Current Lease Details

       Original Lease Commencement:         11 May 1986
       Current Lease Commencement:          11 May 2001 (due to expire 10 May 2004)
       Term of Current Lease:               Three (3) years
       Lease Expiry Date:                   10 May 2004
       Rental:                              $407.65 per annum


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Permitted Use:                       Club rooms, caretaker's hut and clay target shooting area
Lease Area:                          1,280 sq.m
Payment of Outgoings and GST:        Responsibility of the Lessee
Insurance Requirements:              The Lessee is required to hold public liability cover for
                                     claims up to five million dollars ($5,000,000) and
                                     general insurance cover.

Proposed Extension to Lease Details

Commencement Date:                   11 May 2004
Term/Expiry Date:                    30 June 2006
Rental:                              $500.00 per annum
Permitted Use:                       Clubrooms, Caretakers Hut and Clay Target Shooting
                                     Area
Lease Area:                          $1,280m2
Outgoings:                           Responsibility of Lessee.
Insurances:                          Lessee to hold public liability cover for claims up to five
                                     million dollars ($5,000,000) and general insurance cover.
Special Conditions:                  The Club will use its best endeavours to find a suitable
                                     site to relocate by 30 June 2006.
Preparation of Lease:                $500 includes documentation, registration, advertising
                                     and valuation assessment.

The current lease rental of $407.65 per annum has been indexed by CPI during the term of
the Lease. The Valuer General has assessed the current market rental at $1,350 per annum.

A review of the Bunbury Clay Target Club Inc. Financial Statements indicates that the Club
operates on a modest budget and would find difficulty in meeting a substantial rent increase
plus costs in addition to raising sufficient funds to relocate. The Club is seeking Council’s
consideration to increase the rental in the first year to $500.00 and $600.00 in the second year
to 30 June 2006. The Club has 40 Members and is experiencing difficulty in raising
additional income to meet operational costs including increased insurance premiums. The
Club has been self sufficient in maintaining road access to the venue, construction and
upgrade of facilities and grounds. The Club states it makes significant contributions to
charities including Royal Flying Doctor Service and other non-for-profit organisations. The
Club is proud of its achievements and will continue to promote Bunbury through its network
of other Clubs and Associations.

Strategic and/or Regional Outcomes

The proposal endorses strategic directions contained in the City's Strategic Plan 2002-2007 as
follows:

-      "Review the Bunbury Airport in terms of services, location and identify suitable
       relocation alternatives which provide a better integration with road and rail
       infrastructure", and;




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-      strategic direction 2(b) that provides direction to, "promote leasing of Council-
       controlled land to sporting and community organisations".

Community Consultation

Subject to Council approval, the proposal to renew the lease (as recommended) must be
advertised for public information with an associated submission period of fourteen (14) days.

Councillor/Officer Consultation

Members of the City's Executive and Councillor Ghasseb met with representatives of the
Bunbury Clay Target Club Inc. Subsequent to the meeting, the City's Executive and the
Club's Board mutually agreed on the terms and conditions of the proposed lease.

Analysis of Financial and Budget Implications

The Valuer General has assessed the market annual land lease rental at $1,350 per annum
with the Lessee responsible for all outgoings.

It is proposed to increase the rental over the next two years as specified in this report, in light
of the Club acknowledging the need to relocate and will continue to find a suitable location
by 30 June 2006.

Economic, Social, Environmental and Heritage Issues

Economic Issues

The Bunbury Clay Target Club Inc. has 40 members. It holds various fixtures and major
events during the year that attract a number of visitors to Bunbury.

Social Issues

The Bunbury Clay Target Club Inc. provides a venue for like-minded enthusiasts to meet and
enjoy the sport of clay target shooting.

Environmental Issues

The activities of the Bunbury Clay Target Club Inc. do not conflict with the immediate
amenity of the area. However, should the Bunbury Airport extend its runway and/or increase
the number of hangars in accordance with the Bunbury Airport Strategic Directions Plan
2000-2010 then the area currently leased by the Club will no longer be available.

Heritage Issues

There are no known heritage issues relative to the land in question or the proposal to extend
the lease.




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Council Policy Compliance

There are no Council policies pertaining to leases and permitted use of a lease area.

Legislative Compliance

The intention to lease Council land will be advertised for a period of fourteen (14) days
pursuant to Section 3.58(3) and (4) of the Local Government Act 1995.

Delegation of Authority

Under delegation 2.5 in Section 6 "Operations" of the City's Delegations Register adopted by
Council on 26 August 2003 (and pursuant to the provisions of Section 5.42 of the Local
Government Act 1995) the Chief Executive Officer is delegated authority to negotiate the
terms and conditions of property leases on the condition that settled terms and conditions are
presented to the Council for endorsement.

Relevant Precedents

Since 1986, the Council has mutually agreed to enter into lease agreements with the Bunbury
Clay Target Club Inc.

Options

Option 1: Per the Executive Recommendation.

Option 2: Council does not support the application by the Bunbury Clay Target Club Inc. to
          renew its lease with the City of Bunbury over portion of Bunbury Endowment
          Reserve 670.

Conclusion

The Bunbury Clay Target Club Inc. has held the lease over portion of Bunbury Endowment
Reserve 670, South Western Highway since 1986. The Club is prepared to enter into a
renewal of the lease on the following basis:

1.     The Club is given security of tenure over the lease area until 30 June 2006.

2.     Renewal of the lease (and extension of the expiry date) will give the Club sufficient
       time to continue its investigations into an alternative suitable site.

3.     The City meets its obligations relevant to the management, care and control of
       Bunbury Endowment Reserve 670 during the extended lease term, by utilising the
       area for recreation.




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AT THE COMMITTEE MEETING ON 18 MAY 2004:

Cr Wenn left the meeting at 7:11 pm.

Mr Ross Sylvester was in attendance to answer any questions from Councillors.

The Executive Recommendation became the Committee Recommendation as follows:


Executive/Committee Recommendation:        Moved Cr Major         Seconded Cr T Smith

Council agrees to grant the Bunbury Clay Target Club Inc. a renewal of its lease over
portion of Bunbury Endowment Reserve 670, South Western Highway, Bunbury on the
following conditions:

1.     The term of the renewed lease to expire on 30 June 2006.

2.     The terms and conditions of the renewed lease to be in accordance with the report
       to Council on this issue.

3.     The intention to lease portion of Bunbury Endowment Reserve 670 be advertised
       pursuant to Section 3.58(3) and (4) of the Local Government Act 1995, as follows:

       3.1    Statewide public notice in The West Australian newspaper.

       3.2    Local public notice via the City Update column in the Bunbury Mail
              newspaper.

4.     Should no objecting submissions be received, the Chief Executive be authorised to
       proceed with the Assignment of Lease.

                                                                                CARRIED
                                                         11 Votes “For” / Nil Votes “Against”

Cr Wenn returned to the meeting chamber at 7.13 pm.




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11.5   BUILT ENVIRONMENT ADVISORY COMMITTEE –                   REVIEW OF
       COMMITTEE’S STRUCTURE (THIS ITEM WAS LISTED AS ITEM 11.3 ON THE MEETING
       AGENDA)

       File Ref:            A01290-03
       Applicant/Proponent: Built Environment Advisory Committee
       Author:              Franco Andreone, Senior Planner (Strategic & Environment)
       Executive:           Tony Brun, Executive Manager City Development

       Summary

       In the interest of improving the efficiency and focus of the Built Environment Advisory
       Committee (BEAC) and to bring the it in line with the structures of Council’s other Advisory
       Committee’s a review of its current structures has been undertaken. This review has been
       discussed with BEAC at their meeting held 29 April 2004. Bi-annual reviews of Advisory
       Committees are also required to coincide with the election of new Councillors. Given that
       BEAC has absorbed a number of Steering Committees (in 2002) this bi-annual review was
       postponed.

       Background

       On 3 September 2002 Council resolved to amalgamate the Bunbury Northern Entry
       Statement Steering Committee and Townscape Committee as part of the Built Environment
       Advisory Committee (Council Decision 240/02, 3 September 2002). On 3 December 2002
       Council resolved to increase the community membership of the Built Environment Advisory
       Committee from eight (8) to a maximum of twelve (12). Community representatives were
       nominated on the BEAC Committee (Council Decision 307/02, 3 December 2002).

       Since this amalgamation, membership of BEAC has not been reviewed. The usual period for
       membership renewal should have been in May 2003, however the existing structure and
       Committee was maintained with the purpose of developing new terms of reference. This has
       now been completed and endorsed by Council (16th December 2003) and it is appropriate to
       accordingly review the Committee to ensure that effective committee management occurs.

       There are three flagship Advisory Committees to the City of Bunbury: the Built Environment
       Advisory Committee dealing with planning and infrastructure issues; the Economic
       Development Advisory Committee dealing with economic development; and the newly
       formed Bunbury Environment and Sustainability Advisory Committee dealing with
       environmental and sustainability issues.

       On the 16 December 2003, the amended BEAC Terms of References were adopted and
       approved by Council. The Terms of References were debated in detail but the structures of
       the Committee and related membership were not examined. This item is presented to enable
       BEAC’s structures to be reviewed and brought in line with Council’s other two Advisory
       Committees. It is important to note from the outset that the City of Bunbury acknowledges
       the valuable contribution that every past member has made, and the suggestion to restructure
       the membership of the Committee is to bring it in line with Council’s other Advisory
       Committees.


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Proposal

At the Built Environment Advisory Committee Meeting held 29 April 2004, the Committee’s
Executive Officer tabled structural review for debate and discussion. The following structure
was recommended:

i)     Up to a maximum of six (6) community members

ii)    Two Councillors

iii)   Executive Manager City Development (or his delegate) – Ex-Officio

iv)    Two Ex-Officio members comprising the regional manager or delegated
       representative from the following State Government agencies:

       *      Department for Planning and Infrastructure
       *      South West Development Commission

Furthermore, it was recommended that all current membership be vacated and community
membership be publicly advertised (given that BEAC membership has not been publicly
advertised for a number of years, exceeding the standard requirement of 2 years).

At the meeting held on 29 April 2004, BEAC debated the review and resolved the following:

The Built Environment Advisory Committee endorse the proposed new structure and
membership for the Built Environment Advisory Committee subject to:

*      Community membership on BEAC be increased from 6 to 8 members;

*      50% of community members to be elected for a two-year period whilst the remaining
       50% membership be elected on an annual basis. This is to ensure some form of
       continuity in BEAC’s structures.

Strategic and/or Regional Outcomes

BEAC is a Committee appointed by the Bunbury City Council and reports directly to
Council. The role and function of this Committee has been included in the Council’s 2002-
2007 Strategic Plan under the ”Urban Renewal & Development” priority. The Executive
Recommendation has therefore taken Council’s 2002-2007 Strategic Plan into account.

Community Consultation

There has been no direct consultation with the community with regards to the amendments
proposed. The amendments are minor and will not alter the core function of the Committee
in any way and will not negatively impact on the community. Once Council endorses the
review of BEAC’s structures, all current community members will vacate their position and
BEAC’s community membership positions will be advertised.



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Councillor/Officer Consultation

Consultation has taken place with Councillors Warren Lambert and Ray Frisina (who are
Council’s representatives on the Committee). Further consultation has also taken place with
the Executive Manager City Development and all other BEAC members. The matter has also
been canvassed at staff level.

Analysis of Financial and Budget Implications

This item does not have any impact on the current budget and there are no financial
implications associated with endorsing the revised committee structure.

Economic, Social, Environmental and Heritage Issues

As this proposal relates specifically to administrative matters, no direct negative economic,
social, and environmental or heritage impacts are identified. It is envisaged that the revised
committee structure will provide a significant contribution to further promoting a triple
bottom line approach within the City's planning and management framework.

Council Policy Compliance

There is no Council policy relevant to this matter.

Legislative Compliance

Under the provisions of Sections 5.8 and 5.10 of the Local Government Act 1995, the
formation of a new advisory committee (or amendment to the Terms of Reference or
membership) requires an ‘Absolute Majority Vote’ of Council.

Delegation of Authority

The Chief Executive Officer does not have the delegated authority of the Council to endorse
a new Committee and Terms of Reference.

Relevant Precedents

Council has previously considered amendments to Council appointed Committees, the most
recent being the Bunbury Environment and Sustainability Advisory Committee (formerly
known as the Bunbury Coastal and Foreshore Management Advisory Committee) who
amended its Terms of Reference and Structures on 24 February 2004.

Options

Option 1:      As per Executive Recommendation.

Option 2:      As per the Built Environment Advisory Committee’s recommendation being:

            “1.    Council endorse and approve the following membership composition of
                   the Built Environment Advisory Committee:


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                    a)     Chairman: Councillor ___________

                    b)     Deputy Chairman: Councillor ___________

                    c)     Up to Eight (8) community members.

                    d)     The Executive Manager City Development (or his delegate) – Ex-
                           Officio

                    e)     Two Ex-Officio members comprising the regional manager or
                           delegated representative from the following State Government
                           agencies:

                           i)      Department for Planning and Infrastructure
                           ii)     South West Development Commission

            2.      Council advertise for nominations to fill the positions of community
                    members on the Built Environment Advisory Committee. Names and
                    details of selected candidates to be submitted to a future meeting of the
                    Council for formal appointment to the committee.

            3.      Fifty percent (50%) of newly elected community members will be elected
                    for a two-year period whilst the balance of the community members be
                    elected for one year in order to ensure continuity and sound decision
                    making in BEAC.”

Option 3: 1.        Council does not approve and endorse the proposed new Built
                    Environment Advisory Committee structure.

            2.      Council advises the Built Environment Advisory Committee of its
                    decision.

Conclusion

Option 1 is recommended to Council, as it will enable the new Committee to operate with a
more effective, updated, and strategically focused structure. The proposed structure will be
in line with Council’s other Advisory Committees.


EXECUTIVE RECOMMENDATION

1.     Council endorse and approve the following membership composition of the
Built Environment Advisory Committee’s:

       a)        Chairman: Councillor ___________

       b)        Deputy Chairman: Councillor ___________



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       c)      Up to Six (6) community members.

       d)      The Executive Manager City Development (or his delegate) – Ex-Officio

       e)      Two Ex-Officio members comprising the regional manager or delegated
               representative from the following State Government agencies:

               i)     Department for Planning and Infrastructure
               ii)    South West Development Commission

2.     Council advises the Built Environment Advisory Committee of its decision, thanking
       existing members for their valuable contribution that they have made and encourage
       existing members to re-nominate for membership on the new Committee.

3.     Council advertise for nominations to fill the positions of up to six (6) community
       members on the Built Environment Advisory Committee. Names and details of
       selected candidates to be submitted to a future meeting of the Council for formal
       appointment to the committee.


AT THE COMMITTEE MEETING ON 18 MAY 2004:

Councillors currently representative on the Built Environment Advisory Committee
explained the BEAC recommendation and the differences between that and the Executive
Recommendation.

At this time it was determined that Councillors should be appointed to the relevant positions
on the Committee and that a proxy should be appointed.


Committee Recommendation:            Moved Cr Lambert               Seconded Cr D Frisina

1.     Council endorse and approve the following membership composition of the Built
       Environment Advisory Committee:

       a)      Chairman: __________

       b)      Deputy Chairman: __________

       c)      Up to Eight (8) community members.

       d)      The Executive Manager City Development (or his delegate) – Ex-Officio

       e)      Two Ex-Officio members comprising the regional manager or delegated
               representative from the following State Government agencies:

               i)     Department for Planning and Infrastructure
               ii)    South West Development Commission



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       2.     Council advertise for nominations to fill the positions of community members on
              the Built Environment Advisory Committee. Names and details of selected
              candidates to be submitted to a future meeting of the Council for formal
              appointment to the committee.

       3.     Fifty percent (50%) of newly elected community members will be elected for a two-
              year period whilst the balance of the community members be elected in the first
              instance for one year and then every two years in order to ensure continuity and
              sound decision making in BEAC.

                                                                                      CARRIED
                                                               12 Votes “For” / Nil Votes “Against”

       NOTE: AT THE COUNCIL MEETING AN ABSOLUTE MAJORITY VOTE WILL
       BE REQUIRED


       Committee Recommendation:          Moved Cr Hart                Seconded Cr D Smith

       That the Chairman and Deputy Chairman positions be filled by Cr Lambert and Cr
       Frisina.

                                                                                      CARRIED
                                                               12 Votes “For” / Nil Votes “Against”

       NOTE: AT THE COUNCIL MEETING AN ABSOLUTE MAJORITY VOTE WILL
       BE REQUIRED


       Committee Recommendation:          Moved Cr Hart                Seconded Cr Major

       1.     (f)    Proxy for the Chairman and Deputy Chairman: Cr D Smith

                                                                                      CARRIED
                                                               12 Votes “For” / Nil Votes “Against”

       NOTE: AT THE COUNCIL MEETING AN ABSOLUTE MAJORITY VOTE WILL
       BE REQUIRED


Note: The Committee chose Option 2 as it felt the recommendation from the Built Environment
      Advisory Committee were more appropriate, and amended part 3 to allow for two-year terms
      for all members with 50% of the members being up for election each year. It also took the
      opportunity to appoint Councillor representatives and a proxy.




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11.6   2004/2005 WORKS PROGRAM – SPECIAL APPROVAL (THIS ITEM WAS LISTED AS ITEM
       11.4 ON THE MEETING AGENDA)

       File Ref:            R731
       Applicant/Proponent: Internal Report
       Author:              Brian Lewis, Executive Manager City Services
       Executive:           Brian Lewis, Executive Manager City Services

       Summary

       The report seeks Council’s approval to commence projects scheduled for completion during
       the 2004/2005 financial year.

       Background

       The 2003/2004 Works Program is on schedule to be completed in June/July 2004. The City’s
       proposed 2004/2005 budget will not be approved before July 2004. Should there be delays
       with the budget approval and/or start dates for remaining projects, the commencement of the
       2004/2005 Works Program will not proceed.

       Without an approved Works Program, operational staff will be directed to undertake
       maintenance works and although this can be supported for a short period, extended periods of
       maintenance operations could prematurely deplete maintenance funding.

       Two projects have been identified that have been designed and are ready for commencement.
       They are:

       1.     Spencer Street roadworks between Constitution Street and Clarke Street, in
              accordance with City of Bunbury Drawing 1-2002-004 attached at Appendix 6.

       2.     Sandridge Road footpath replacement between Picton Road and Fairway Court, in
              accordance with City of Bunbury Standard Path design.

       Strategic and/or Regional Outcomes

       The 2004/2005 Works Program conforms with the City’s 2002 – 2007 Strategic Plan to,
       “maintain and enhance the City’s roads, drains and footpath networks.”

       Community Consultation

       Community consultation will be undertaken with residents within the vicinity of the projects.

       Councillor/Officer Consultation

       The works have been designed in accordance with submissions received from community
       consultation, Manager Parks and Recreation and the City Engineer.




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Analysis of Financial and Budget Implications

The Spencer Street roadworks are listed for construction during the 2004/2005 financial year
and a budget allocation of $200,000 has been made.

The Sandridge Road footpath is also listed for completion in the 2004/2005 financial year and
a budget allocation of $65,000 has been made.

Economic, Social, Environmental and Heritage Issues

There are no known environmental issues associated with the proposal.

Council Policy Compliance

The proposal does not contravene Council policy.

Legislative Compliance

The 2004/2005 budget has not been approved by Council, therefore prior to work
commencing approval to expend budget funds must be received.

Delegation of Authority

The City has not delegated its authority in this instance.

Relevant Precedents

Council has previously approved construction of projects where the budget for the project
was imminent.

Options

Option 1: To approve the Executive Recommendation.

            Comment: To ensure the bulk of the Works Program is progressed and
                     completed this financial year, Council’s approval is sought.

Option 2: Not to approve the Executive Recommendation until the 2004/2005 budget has
          been adopted by Council.

            Comment: This is not recommended by the Executive.

Conclusion

To ensure the City’s operational staff can undertake construction projects it is necessary for
Council to approve projects that have been scheduled for completion during the 2004/2005
financial year.



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AT THE COMMITTEE MEETING ON 18 MAY 2004:

Cr Wenn declared a proximity interest in Item 11.4: 2004/2005 Works Program – Special
Approval as his daughter lives in Constitution Street. He left the meeting at 7:20 pm for the
duration of discussion and the vote on the item.

The Executive Recommendation became the Committee Recommendation as follows:


Committee Recommendation:            Moved Cr Jones                Seconded Cr Hart

That Council approves the undertaking the following works:

1.     Spencer Street roadworks between Constitution Street and Clarke Street, in
       accordance with City of Bunbury Drawing 1-2002-004 attached at Appendix 6.

2.     Sandridge Road footpath replacement between Picton Road and Fairway Court, in
       accordance with City of Bunbury Standard Path design.

                                                                                  CARRIED
                                                           11 Votes “For” / Nil Votes “Against”

Cr Wenn returned to the meeting chamber at 7.21 pm.




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11.7   BUNBURY YOUTH ADVISORY COUNCIL NEW MEMBER NOMINATIONS (THIS
       ITEM WAS LISTED AS ITEM 11.5 ON THE MEETING AGENDA)

       File Ref:            A773
       Applicant/Proponent: Bunbury Youth Advisory Council
       Author:              Kirsty Shalders, Youth Development Officer
       Executive:           Anthony Blee, Executive Manager City Life

       Summary

       Several nominations have been received from young community members to fill existing
       vacancies on the Bunbury Youth Advisory Council.

       Background

       There are currently a number of vacancies on the Bunbury Youth Advisory Council. The
       Youth Development Officer approached local schools, educational institutions and youth
       services/networks to recruit new members for the vacancies on the Bunbury Youth Advisory
       Committee.

       Nominations have been received from the following young community members:

       *      William Weaver (Bunbury Cathedral Grammar)

       *      Jessica Russell (South West College of TAFE)

       *      Charne’-Lee Clifford (South West College of TAFE)

       *      Felicity Island (Community Volunteer)

       *      Keaton Wider (Newton Moore Senior High School)

       *      Alina Dmitrieva (Bunbury Senior High School)

       *      Khrystyne Fiorentino (Bunbury Senior High School)

       The Bunbury Youth Advisory Council is appointed by Council with the following terms of
       reference:

       *      Identify youth issues;

       *      Encourage Council to act on issues pertaining to youth in the Greater Bunbury area;

       *      Advise Council on policies promoting Council services that are responsive to youth
              needs;

       *      Provide advice to Council on youth issues as requested from Council;



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*      Solicit response from youth on youth issues;

*      Provide comment on youth projects; and

*      Receive feedback from Council and community

The Bunbury Youth Advisory Council is encouraged by the City of Bunbury as a resource in
the process of contemplating projects or implementing strategies involving youth. Each year
the members undertake one or two projects for the benefit of young people in the community.

Strategic and/or Regional Outcomes

The proposal is consistent with strategic directions of having “Bunbury as a recognised place
to live, work and invest and diverse arts, cultural, recreational and leisure opportunities”.

Community Consultation

The Committee vacancies were advertised in Local High Schools, Educational Institutions
and Youth Services/networks.

Councillor/Officer Consultation

The proposal has the support of Cr Lambert who is the Presiding Member of the Bunbury
Youth Advisory Council. Cr Ghasseb and Cr Leigh are also members of the committee.

Analysis of Financial and Budget Implications

This proposal will have no financial or budget implications.

Economic, Social, Environmental and Heritage Issues

The proposal will have no impact on economic, social, environment or heritage issues.

Council Policy Compliance

The proposal does not contravene any Council policy.

Legislative Compliance

The proposal does not contravene any legislation. It complies with the requirement of section
5.8 of the Local Government Act.

Delegation of Authority

Nil

Relevant Precedents

The Bunbury Youth Advisory Council is a Council appointed committee.


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Options

Option 1: Council agrees to appoint William Weaver, Jessica Russell, Charne’-Lee Clifford,
          Felicity Island, Keaton Widmer, Alina Dmitrieva and Khrystyne Fiorentino to the
          Bunbury Youth Advisory Council.

Option 2: Council does not agree to appoint William Weaver, Jessica Russell, Charne’-Lee
          Clifford, Felicity Island, Keaton Widmer, Alina Dmitrieva and Khrystyne
          Fiorentino to the Bunbury Youth Advisory Council.

Conclusion

It is necessary to fill the existing vacancies on the Bunbury Youth Advisory Council to
ensure that the committee has the resources to complete current youth based initiatives for
2004 and run two youth based activities within Bunbury.


AT THE COMMITTEE MEETING ON 18 MAY 2004:

The Executive Recommendation became the Committee Recommendation as follows:


Executive/Committee Recommendation:          Moved Cr Hart          Seconded Cr D Smith

Council agrees to appoint William Weaver, Jessica Russell, Charne’-Lee Clifford, Felicity
Island, Keaton Widmer, Khrystyne Fiorentino and Alina Dmitrieva to the Bunbury Youth
Advisory Council.
                                                                              CARRIED
                                                            12 Votes “For” / Nil Votes “Against”




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11.8   REPORT ON STRATEGIC ACTIVITIES FOR PERIOD 1 JULY 2003 TO 31
       MARCH 2004 (THIS ITEM WAS LISTED AS ITEM 11.6 ON THE MEETING AGENDA)

       File Ref:            A00836
       Applicant/Proponent: Internal Report
       Author:              Jack Dyson – Senior Administration Officer
       Executive:           Ken Weary, Executive Manager Corporate Services

       A report on strategic activities covering the City’s operations, for the nine (9) month period 1
       July 2003 to 31 March 2004, is circulated under separate cover.

       The report lists progress on individual goals and strategies linked to the City’s Strategic Plan
       2002-2007, the Principal Plan of Activities and the Annual Budget. It will be further
       enhanced as a measure of achievement against the Strategic Plan.

       The report reflects the four heading in the Strategic Plan, as follows:

       1.     Live, Work, Play and Invest

              Bunbury will have the best quality lifestyle for all its residents. This will be achieved
              in collaboration with the State and Federal Governments.

       2.     The City and the Region

              Bunbury is recognised as a well-managed City with strong cooperation between
              community, business, industry and government; and is the regional capital of the
              South West.

       3.     Infrastructure and Built Environment

              Bunbury will have a functional and accessible built environment and integrated,
              effective and well-maintained infrastructure to meet the needs of economic growth
              and community access.

       4.     Service Delivery

              The City of Bunbury will provide services, including asset management, waste
              management collection and infrastructure that effectively meets customer needs and
              expectations.

       Any queries members may have with regard to items listed in the report are to be directed to
       the responsible Executive Sponsor identified in the report.

       AT THE COMMITTEE MEETING ON 18 MAY 2004:

       The Executive Recommendation became the Committee Recommendation as follows:




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Executive/Committee Recommendation:        Moved Cr Hill         Seconded Cr Hart
The Strategic Report for the period 1 July 2003 to 31 March 2004 be received.
                                                                                CARRIED
                                                         12 Votes “For” / Nil Votes “Against”




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11.9   MR BLAIR HOWE – APPLICATION TO LEASE BUNBURY AIRPORT SITE NO.
       31B (THIS ITEM WAS LISTED AS ITEM 11.7 ON THE MEETING AGENDA)

       File Ref:            F00080-17
       Applicant/Proponent: Mr Blair Howe
       Author:              John Beaton, Manager Administration & Property Services
       Executive:           Ken Weary, Executive Manager Corporate Services

       Summary

       An application has been received from Mr Blair Howe seeking Council’s consideration to
       grant a lease over Bunbury Airport Site 31B from 1 July 2004 to 30 June 2006 with a further
       five (5) year option. The proponent’s intention is to extend the Bunbury Flying School
       operations from the adjoining lease sites. The proposed lease site is identified as “Site 31B”
       on the plan attached at 7.

       Background

       The Lessee holds the lease over adjoining Sites No. 33 C and D (225m2) and Site No. 31
       (112.5m2) to establish the Bunbury Flying School.

       The land is held by the City of Bunbury under Management Order Crown Land Record
       3040/63 (Crown Land Title Volume 3007, Folio 583) Reserve 27686, Lot 455 South Western
       Highway, Bunbury for the purpose of an “Aerodrome” with the power to lease for a term of
       up to twenty-one (21) years.

       The term has been determined in accordance with the Bunbury Airport Strategic Plan
       Directions 2000-2010 requirement for all leases at the airport to have corresponding expiry
       dates, terms and conditions.

       Proposed Lease Details

       Details in relation to the status of the site and proposed Lease details are as follows:

       Commencement Date:            1 July 2004
       Term:                         Two (2) years with a further five (5) year option
       Expiry Date:                  30 June 2006 (with an option to 2011)
       Rental:                       $460.95 per annum (calculated at $2.95 per m2 x
                                     156.25m2) and increased in line with Council’s
                                     Commercial and Industrial Municipal Rate.
       Improvement Levy:             $187.50 (calculated at $0.60 per m2 x 156.25m2) upfront
                                     payment to 30 June 2006.
       Administration Fee:           $26.80 per annum
       Rent Review:                  Annually in accordance with Council’s Commercial and
                                     Industrial Municipal Rate.
       Permitted Use:                Flight School/Classroom/Flight Simulation
       Lease Area:                   156.25m2 (12.5 x 12.5m)



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Outgoings:                  Responsibility of the Lessee.
Insurance:                  Lessee to maintain Public Risk Insurance and General
                            Insurance on the building. Public Liability to be set at
                            $5(M).
Preparation of Lease:       $500 includes documentation; registration and
                            advertising

The City’s Executive and Mr Blair Howe have mutually agreed on the terms and conditions
of the lease.

Strategic and/or Regional Outcomes

Strategic Outcomes

The proposal complies with Council’s 2002-2007 Strategic Plan through Strategic Direction
2(b) that provides direction to “Promote leasing of Council controlled land to sporting and
community organisations”.

The proposal also complies with the Bunbury Airport Strategic Directions Plan 2000-2010.

Regional Outcomes

The Bunbury Flying School promotes opportunities to interested persons from the Greater
Bunbury Region to attend the flying school.

Community Consultation

The proposal to grant the Lease must be advertised and requires a public submission period
of fourteen (14) days.

Councillor/Officer Consultation

Council Officers have held discussions with Mr Blair Howe and have mutually agreed on the
terms and conditions of the renewal of the Lease.

Analysis of Financial and Budget Implications

The annual lease rental and administration fee have been calculated in accordance with
Council’s adopted fees and charges for the 2003/2004 financial year.

Economic, Social, Environmental and Heritage Issues

Economic Issues

The Bunbury Flying School has already provided local employment and has the potential to
provide further employment opportunities.




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Social Issues

The Bunbury Flying School provides an avenue where like-minded people seeking flight
training can liaise.

Environmental Issues
The application does not conflict with the “Bunbury Airport Location Analysis Study City of
Bunbury/DPI” compiled by Connell Wagner Pty Ltd in April 2004.

Heritage Issues

There are no known heritage issues relative to the proposal.

Council Policy Compliance

It is considered that all Council policies have been adequately assessed in terms of the
proposed Lease and permitted use.

Legislative Compliance

The intention to Lease will be advertised for a period of fourteen (14) days in accordance
with Section 3.58 (3) and (4) of the Local Government Act 1995.

Delegation of Authority

Delegation C7 in the Register of Delegations permits the Chief Executive Officer to negotiate
the terms of the Lease. It is proposed that subject to no objecting submissions being received,
the Chief Executive Officer proceed with preparation of the Lease.

Relevant Precedents

Council currently leases thirty-two (32) hangar site leases at the Bunbury Airport.

Mr Howe currently holds: the lease over Bunbury Airport Site No. 20 at the Bunbury Airport
for the purpose of storing his aircraft; the leases over Bunbury Airport Site No’s. 33 C and D
for the purpose of Flying School Office and Ablutions, and the lease over Bunbury Airport
Site No. 31 for the purpose of a flight simulator.

Options

Option 1:       Per the Executive Recommendation.
Option 2:       Council not support Mr Blair Howe’s proposal to Lease Bunbury Airport Site
                No. 31B, Reserve 27686, Lot 455 South Western Highway, Bunbury.




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Conclusion

Mr Blair Howe is seeking to extend his lease holdings to extend the Bunbury Flying School
operations on Bunbury Airport Site No. 31B with the expiry date of the initial term to
coincide with the expiry date of the leases for Bunbury Airport Site No’s 33 C and D and 31.

The proposal to enter into a renewal of the Lease meets the following objectives.

1.      The City will meet its responsibilities for the management, care and control of
        Reserve 27686, Lot 455 South Western Highway, Bunbury for the benefit of an
        “Airport”.

2.      Mr Blair Howe will be provided with security of tenure and protection of current
        assets in conjunction with the ability to expand his business.

     3. The terms and conditions of the Lease have been mutually agreed to by the City’s
        Executives and Mr Blair Howe.


AT THE COMMITTEE MEETING ON 18 MAY 2004:

The Executive Recommendation became the Committee Recommendation as follows:


Executive/Committee Recommendation:          Moved Cr Jones         Seconded Cr Hart

1.      Council agree to grant a lease over Bunbury Airport Site No. 31B, Reserve 27686,
        Lot 455 South Western Highway, Bunbury to Mr Blair Howe for a two (2) year
        term with an option to renew for a further five (5) years in accordance with the
        terms and conditions specified in the report.

2.      The intention Lease be advertised pursuant to Section 3.58(3) and (4) of the Local
        Government Act 1995, as follows:

        2.1    By statewide public notice in The West Australian.

        2.2    Locally by providing notice on the Public Notice Board at the City’s
               Administration Centre, Central Library and Withers Library.

3.      Approval for the Lease be sought from the Minister for Lands.

4.      Subject to no objecting submissions being received, the Chief Executive Officer be
        authorised to proceed with the renewal of the Deed of Lease.

                                                                                    CARRIED
                                                              11 Votes “For” / 1 Vote “Against”




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      18 May 2004
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      _________________________________________________________________________________

Note: Cr Major requested that his vote “against” the above Committee Recommendation, be
      recorded.




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11.10 MOORABINDA CROQUET CLUB INC. - RENEWAL OF LEASE (THIS ITEM WAS
     LISTED AS ITEM 11.8 ON THE MEETING AGENDA)

     File Ref:                      F00034
     Applicant/Proponent:           Moorabinda Croquet Club Inc.
     Author:                        John Beaton, Manager Administration & Property Services
     Executive:                     Ken Weary, Executive Manager Corporate Services

     Summary

     An application has been received from the Moorabinda Croquet Club Inc. ("the Lessee")
     seeking Council’s consideration to renew the Deed of Lease over Portion Reserve 30601
     “Hay Park”, Lot 944 Parade Road, Bunbury for the purpose of Clubrooms and Lawn Courts
     for a ten (10) year period with the option to renew for a further five (5) year period.

     Background

     The Lessee has held the Lease over an 11,120m2 portion of Hay Park (outlined on the site
     plan attached at Appendix 8), Reserve 30601 “Hay Park”, Lot 944 Parade Road, Bunbury
     since 11 June 1979.

     The Land held by the City of Bunbury by virtue of Management Order Crown Land Record
     1902/67 for the purposes of “Recreation” with the power to lease for a term of up to twenty-
     one (21) years.

     The current lease is due to expire on 10 June 2004.

     Current Lease Details

     Details in relation to the status of the property and the current lease are as follows:

     Original Lease Commenced:       11 June 1979
     Current Lease Commenced:        11 June 1994
     Term of Current Lease:          Ten (10) years.
     Expiry Date:                    10 June 2004
     Rental:                         $258.65 per annum
     Rent Review:                    Increased by CPI during the term
     Permitted Use:                  Croquet Clubrooms and Lawn Courts
     Land Area:                      11,120 m2 (Clubrooms and five (5) lawn courts)
     Outgoings:                      Responsibility of the Lessee.
     Insurance:                      Lessee to maintain Public Risk Insurance and General
                                     Insurance on the building. Public Liability to be set at $5(M).
     Maintenance to Lawn             Responsibility of the Lessee
     Courts:




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Lease Renewal Details

Commencement Date:           11 June 2004
Term:                        Ten (10) years with an option to renew for a further five (5)
                             years
Expiry Date:                 10 June 2014 (with an option to 2019)
Rental:                      $450 per annum indexed to CPI
Rent Review:                 Every three (3) years
Permitted Use:               Croquet Clubrooms and Lawn Courts
Land Area:                   11,120 m2 (includes 5 lawn courts)
Outgoings:                   Responsibility of the Lessee
Insurance:                   Lessee to maintain Public Risk Insurance and General
                             Insurance on the building. Public Liability to be set at $5(M)
Preparation and Registration $500 includes documentation, registration, advertising and
of Lease Documents:          valuation assessment.
Maintenance to Lawn          Responsibility of the Lessee
Courts:

City’s Executive and representatives of Moorabinda Croquet Club Inc. have mutually agreed
on all other Terms and Conditions.

Strategic and/or Regional Outcomes

Strategic Outcomes

The proposal complies with Council’s 2002-2007 Strategic Plan through Strategic Direction
2(b) that provides direction to “Promote leasing of Council controlled land to Sporting and
Community Organisations”.

Regional Outcomes

The Bunbury Central Croquet Club Inc. promotes opportunities to interested persons from the
Greater Bunbury Region to participate in the game of croquet.

Community Consultation

The proposal to grant the lease renewal must be advertised and requires a public submission
period of fourteen (14) days.

Councillor/Officer Consultation

Council Officers have held discussions with representatives of the Moorabinda Croquet Club
to mutually agree on the terms and conditions of the new lease.




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Analysis of Financial and Budget Implications

The annual lease rental has been assessed by the Valuer General’s Office and administration
fees have been calculated in accordance with Council’s adopted fees and charges for the
2003/2004 financial year.

Economic, Social, Environmental and Heritage Issues

Economic Issues

The Moorabinda Croquet Club Inc. has twenty-nine (29) members and hold various fixtures
and major events during the year which attract a number of visitors to Bunbury.

Social Issues

The Moorabinda Croquet Club Inc. provides a venue where like-minded people can meet to
play croquet.

Environmental Issues

The activities of the Lessee will not conflict with the amenity of the area.

Heritage Issues

There are no known heritage issues relative to the proposal.

Council Policy Compliance

It is considered that all Council policies have been adequately assessed in terms of the
proposed Lease and permitted use.

Legislative Compliance

The intention to Lease will be advertised for a period of fourteen (14) days in accordance
with Section 3.58 (3) and (4) of the Local Government Act 1995.

Delegation of Authority

Delegation C7 in the Register of Delegations permits the Chief Executive Officer to negotiate
the terms of the Lease. It is proposed that subject to no objecting submissions being received,
the Chief Executive Officer proceed with preparation of the Lease.

Relevant Precedents

The Moorabinda Croquet Club has leased the premises since 1979. The City last renewed the
Club's lease in 1994.




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Options

Option 1:     Per the Executive Recommendation.

Option 2:     Council not support the Moorabinda Croquet Club Inc.’s proposal to renew its
              lease over Portion of Reserve 30601, Lot 944 Parade Road, Bunbury.

Conclusion

The Moorabinda Central Croquet Club Inc. has held the Lease over Portion of Reserve
30601, Lot 944 Parade Road, Bunbury since 1979. The proposal to enter into a renewal of
the Lease provides:

1.     The City meets its responsibilities for the management, care and control of Portion of
       Reserve 30601, Lot 944 Parade Road, Bunbury by utilising the land for recreation.

2.     Moorabinda Croquet Club Inc. with security of tenure and protection of its assets.

3.     The terms and conditions of the renewal of the Lease have been mutually agreed by
       the City’s Executives and representatives of the Moorabinda Croquet Club Inc.

AT THE COMMITTEE MEETING ON 18 MAY 2004:

The Executive Recommendation became the Committee Recommendation as follows:

Executive/Committee Recommendation:         Moved Cr Hill          Seconded Cr Major

1.     Council agree to grant a lease over Portion of Reserve 30601, Lot 944 Parade Road,
       Bunbury to the Moorabinda Croquet Club Inc. for a ten (10) year term with an
       option to renew for a further five (5) years in accordance with the terms and
       conditions specified in the report.

2.     Rental be $450 per annum indexed to CPI.

3.     The intention to Lease be advertised pursuant to Section 3.58 (3) and (4) of the
       Local Government Act 1995, as follows:

       3.1    By statewide public notice in The West Australian.

       3.2    Locally by providing notice on the Public Notice Board at the City’s
              Administration Centre, Central Library and Withers Library.

4.     Approval for the Lease be sought from the Minister for Lands.

5.     Subject to no objecting submissions being received, the Chief Executive Officer be
       authorised to proceed with the renewal of the Deed of Lease.

                                                                                  CARRIED
                                                           12 Votes “For” / Nil Votes “Against”



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11.11 EXTENSION OF LEASE AREA - BUNBURY & DISTRICTS POWER BOAT CLUB
      INC. (THIS ITEM WAS LISTED AS ITEM 11.9 ON THE MEETING AGENDA)

     File Ref:                F00022-02
     Applicant/Proponent:     Bunbury & Districts Power Boat Club Inc.
     Author:                  John Beaton, Manager Administration & Property Services
     Executive:               Ken Weary, Executive Manager Corporate Services

     Summary

     The Bunbury & Districts Power Boat Club Inc. (“Lessee”) is seeking Council’s consideration
     to extend its lease to include the balance of the grassed area to the south of its premises
     adjoining the Koombana Inlet wall. The land is located on part of Reserve 33620 (a Crown
     Reserve vested in the City of Bunbury). A location map is attached at Appendix 9.

     Background

     Reserve 33620 is a Crown Reserve located on Lot 748 Koombana Drive. The City of
     Bunbury has the power to lease the whole or portion of the reserve for a term up to 21 years.
     Vesting Order 3356/973 issued to the City on 18 August 1995, allows the reserve to be used
     for the purpose of "Recreation, Launching Ramp and Parking".

     The Lessee holds the Lease over a portion of Reserve 33620 to the year 2016.

     The Lessee has applied to extend its existing lease to include a further 260m2 of the Reserve.
     Subject to Council approval the Lease will extend the Club's premises up to and abutting the
     inlet wall of Koombana Bay Inlet thereby precluding public access along that portion of the
     waterfront. The subject land is not used by the public due to the restricted access. The public
     currently traverse the leased area immediately in front of the southern outlook of the club’s
     premises. An aerial photograph showing the location of the demised premises in relation to a
     current access, proposed extended Lease area, alternate public access, parking and boat
     launching/washdown facilities located on Reserve 33620 is attached at Appendix 9.

     The proposal does not adversely affect the City’s Three Water’s Strategy.

     Closure of the public access along the grassed area abutting the inlet wall would address the
     "duty of care" in accordance with Council’s holding of the Management Order and eliminate
     the need for pedestrians to cross the adjacent boat launching area, use the lower steps leading
     from the grassed area onto the boat launching ramp which are often submerged at high tide
     and pose a further public safety hazard. The inlet wall along the edge of the proposed lease is
     fenced however represents a 1.5 metre drop to water level. There is no beach along this
     portion of the reserve but does include a storm water drain inlet to the east and the boat
     launch ramp to the west. This infrastructure does little to encourage public use of this portion
     of the waterfront with safety.

     The whole of the grassed area has been provided by the Club including reticulation and
     ongoing maintenance.



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Guidance has been sought from the Department of Planning & Infrastructure which advises
that it may allow for public access to be denied to the waterfront along the subject portion of
Reserve 33620, provided public consultation is carried out and the Department is supplied
with evidence that the public has no major objections to the proposal.

Current Lease Details

Original Lease                15 March 1980
Commencement:
Current Lease                 15 March 1995
Commencement:
Term of Current Lease:        Twenty-one (21) years
Lease Expiry Date             14 March 2016
Rental:                       $7,718.04 (60% Market Lease Rental in recognition of
                              the Volunteer Sea Search & Rescue Service during the
                              term of the Lease).
Permitted Use:                Clubrooms
Lease Area:                   1,242m2
Payment of Outgoings and      Responsibility of Lessee
GST:
Insurance Requirements:       Lessee to provide general insurance for contents and
                              equipment and provide public risk insurance of $5
                              million ($5,000,000).

Proposed Variation to Lease Details

Lease Area:                   1502m2
Rental:                       $900 based on 60% Valuer General’s unimproved
                              assessment and in situ with current Lease rental
                              assessment.

Strategic and/or Regional Outcomes

The Executive Recommendation complies with the City's Strategic Plan 2002-2007 as
follows:

-      Strategic Direction 1 titled 'Live, Work, Play and Invest in a Secure Environment':
       Goal 3, Strategy (c) reads, "Coordinate and promote community safety initiatives."

-      Strategic Direction 2 titled 'The City and the Region': Goal 2, Strategy (b) reads,
       "Promote leasing of Council controlled land to sporting and community
       organisations."

Community Consultation

Subject to Council’s consent the proposal to extend the Lease (as recommended) must be
advertised for public information with an associated submission period of fourteen (14) days.
The site will be signposted advising the general public of the intention.



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As stated above, the Department of Planning & Infrastructure has been consulted and may
allow for public access to be denied to the waterfront along the subject portion of Reserve
33620, provided public consultation is carried out and the Department is supplied with
evidence that the public has no major objections to the proposal.

Councillor/Officer Consultation

Council Officers have held discussions with the Lessee and the Department for Planning and
Infrastructure and have mutually agreed on the process and the terms and conditions of the
Extension of Lease.

Analysis of Financial and Budget Implications

Annual lease rental from the Lessee is $6,240. The additional 260m2 of the grassed area, has
been assessed by the Valuer General's Office at $900 (60% of the market lease rental in
recognition of the Volunteer Sea Search and Rescue Service).

Costs associated with advertising, preparing and lodging the variation to the existing lease
document are the responsibility of the Lessee.

Economic, Social, Environmental and Heritage Issues

Economic

The Lessee provides a community service through the Volunteer Sea Search and Rescue
Service and to Marine dealers in the Greater Bunbury Region.

Social

Altering the public walkway to divert the public around the front of the Lessee premises, will
ensure that the City complies with its "Duty of Care" in reducing public safety risks i.e.,
diverting the route of the existing walkway will ensure walkers do not have to negotiate
slippery steps at the rear of the premises or cross through boat launch/landing operations and
stormwater drainage pipes.

Environmental

There will be no impact on the natural environment or built environment as a result of the
proposal to lease the additional grassed portion of Reserve 33620 to the Lessee. The subject
area is already grassed and fenced by the Club and there is no 'beach' along the portion of the
inlet wall.

Heritage Issues

There are no known heritage issues associated with the proposal.

Council Policy Compliance

There is no Council policy relative to this issue.


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Legislative Compliance

The intention to Lease will be advertised for a period of fourteen (14) days in accordance
with Section 3.58 (3) and (4) of the Local Government Act 1995.

Delegation of Authority

Delegation C7 in the Register of Delegations permits the Chief Executive Officer to negotiate
the terms of the Lease. It is proposed that subject to no objecting submissions being received,
the Chief Executive Officer proceed with the preparation of the Lease.

Relevant Precedents

There is no recent precedent in which an applicant has requested to vary and extend its lease
area over a Crown Reserve.

Options

1.     Grant the applicant's request subject to subsequent approval by the Department of
       Planning & Infrastructure (per the Executive Recommendation).

2.     Refuse the applicant's request.

Conclusion

The Bunbury and Districts Power Boat Club Inc. has held the lease over Portion of Reserve
33620 (Lot 748) Koombana Drive since 1980. The Club is prepared to accept the
responsibilities for the extended lease area on the following basis:

1.     The Club is given Security of Tenure over the area to 14 March 1026 to coincide with
       the current lease.

2.     The Club accepts responsibility for the maintenance of the area and indemnifies the
       City from any claim or action resulting from the extended area.

3.     The City meets its obligations relevant to the management, care and control of
       Reserve 33620 during the extended term by utilising the area for “Recreation,
       Launching Ramp and Parking”.


EXECUTIVE RECOMMENDATION

1.     Council agree to grant a Variation to Lease over Portion of Reserve 33620 (Lot 748)
       Koombana Drive (260m2) to the Bunbury Power Boat Club Inc. being the extended
       grassed area abutting the Koombana Inlet wall for the unexpired current Lease term to
       14 March 2016 in accordance with the terms and conditions specified in the report.




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2.     The intention to Lease be advertised pursuant to Section 3.58 (3) and (4) of the Local
       Government Act 1995, as follows:

       2.1     By statewide public notice in The West Australian.

       2.2     Locally by providing notice on the Public Notice Board at the City’s
               Administration Centre, Central Library and Withers Library.

3.     Approval for the Lease be sought from the Minister for Lands.

4.     Subject to no objecting submissions being received, the Chief Executive Officer be
       authorised to proceed with the renewal of the Deed of Lease.


AT THE COMMITTEE MEETING ON 18 MAY 2004:

A Memorandum had been distributed to Councillors by the Manager Administration and
Property Services advising that the Commodore of the Bunbury & Districts Power Boat Club
and the City’s Executive had mutually agreed to seek Council’s consideration to defer the
Club’s request for extension of its lease to include a strip of grassed area that runs adjacent to
the Koombana Inlet seawall. It was proposed to hold further discussions with the club over
public access to the foreshore precinct.

His Worship the Mayor advised that the matter was being deferred to allow further
discussions.




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     _________________________________________________________________________________


11.12 ACCOUNTS FOR PAYMENT FOR MONTH ENDING 30th APRIL 2004 (THIS ITEM
     WAS LISTED AS ITEM 11.11 ON THE MEETING AGENDA)

     File Ref:            F83
     Applicant/Proponent: N/A
     Author:              David Ransom, City Accountant
     Executive:           Executive Manager Corporate Services

     A summary of the City of Bunbury Accounts for Payment covering the period 1st to 30th of
     April 2004, has been issued to members under separate cover.

     AT THE COMMITTEE MEETING ON 18 MAY 2004:

     The Executive Recommendation became the Committee Recommendation as follows:


     Executive/Committee Recommendation:         Moved Cr Jones        Seconded Cr Major

     The following schedules of Accounts for Payment for the period 1st to 30th of April 2004, be
     endorsed:

     1.     Municipal Account Fund 1 direct payments totalling $1,708,963.16

     2.     Advance Account Fund 2 cheque payments totalling $441,811.83

     3.     Visitor Information Centre Trust Account Fund 4 payments totalling $14,809.60

     4.     Trust Account Fund 5 cheque payments totalling $30,288.12

     5.     Bunbury-Harvey Regional Council Municipal Account Fund 1 direct payments
            totalling $49,968.06

     6.     Bunbury-Harvey Regional Council Advance Account Fund 4 cheque payments
            totalling $49,968.06

                                                                                      CARRIED
                                                               12 Votes “For” / Nil Votes “Against”




                                                                                         Page 63
       18 May 2004
       Minutes - Council Committee Meeting
       _________________________________________________________________________________


12.    MOTIONS OF WHICH PRIOR NOTICE HAS BEEN RECEIVED

       Nil.



13.    "URGENT" BUSINESS WITH THE APPROVAL OF THE MAJORITY OF
       MEMBERS PRESENT

       NOTE: In accordance with Standing Order 5.1.13, the parameter to be used for determining whether an
       item can be considered as 'Urgent Business' is: "Can it wait until the next meeting?".




14.    ITEMS TO BE NOTED

14.1   ITEMS TO BE NOTED (NO DISCUSSION) AT THE COUNCIL COMMITTEE
       MEETING

       AT THE COMMITTEE MEETING ON 18 MAY 2004:

       The Executive Recommendation became the Committee Recommendation as follows:

       Executive/Committee Recommendation:            Moved Cr Mason          Seconded Cr Wenn

       The following items subject of a report circulated to Members under separate cover, are
       noted for information only:

       1.     Community Access Committee Meeting Minutes 8 April 2004
              Author:     Domenic Marzano, Social Planner
              File:       A1145
                                                                                              CARRIED
                                                                      12 Votes “For” / Nil Votes “Against”



14.2   ITEMS TO BE NOTED AND ENDORSED (NO DISCUSSION) AT THE COUNCIL
       COMMITTEE MEETING

       Nil.




                                                                                                Page 64
      18 May 2004
      Minutes - Council Committee Meeting
      _________________________________________________________________________________


15.   CONFIDENTIAL BUSINESS AS STIPULATED UNDER SECTION 5.23(2) OF THE
      LOCAL GOVERNMENT ACT 1995

      NOTE: Pursuant to Standing Order 15.10, the following Procedural Motion needs to be moved if there are
      items to be discussed under this heading: "The meeting exclude members of the public to permit Confidential
      Business (as defined by the Local Government Act 1995) to be discussed."




16.   CLOSURE OF MEETING

      There being no further business, the Presiding Member declared the meeting closed at 7:22
      pm.

                                                   --------------------

      CONFIRMED this day 1 June 2004 to be a true and correct record of the proceedings of the
      City of Bunbury (Standing) Committee Meeting held 18 May 2004.




                                                                                                         Page 65

				
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