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					                                                                                                          UNCONFIRMED
                                                                                                            MINUTES
                                                                                                       “WITHOUT PREJUDICE”
                                                                                                      Minutes are provided on the
                                                                                                      strict understanding that all
                                                                                                      terms     whether    deemed
                                                                                                      expressed or implied do not
                                                                                                      purport    to   record   the
                                                 Shire of Chittering                                  proceedings of Council until
                                                                                                      confirmed by resolution of
                                                                                                      Council.


      Ordinary Council Meeting
                                                 Minutes
                                                Wednesday

                                              16 April 2008
         The Chief Executive Officer recommends that Council confirm these minutes as a true
                    and correct record of proceedings at its next Ordinary meeting.



        ………………………………
        John Merrick J.P.


         These minutes were confirmed by Council as a true and correct record of the Ordinary
                             Council meeting held on 19 March 2008.

        …………………………………..                                                                                       ………………
                Presiding Officer                                                                                    Date



                                                             Disclaimer
The purpose of this Council Meeting is to discuss and, where possible, make resolutions about items appearing on the agenda.

Whilst Council has the power to resolve such items and may in fact, appear to have done so at the meeting, no person should rely on or
act on the basis of such decision or on any advice or information provided by a Member or Officer, or on the content of any discussion
occurring, during the course of the meeting.

Persons should be aware that the provisions of the Local Government Act 1995 (Section 5.25 (e)) establish procedures for revocation or
recision of a Council decision. No person should rely on the decisions made by Council until formal advice of the Council decision is
received by that person.

The Shire of Chittering expressly disclaims liability for any loss or damage suffered by any person as a result of relying on or acting on
the basis of any resolution of Council, or any advice or information provided by a Member or Officer, or the content of any discussion
occurring, during the course of the Council meeting.
                                                         Table of Contents

1.          OPEN MEETING ............................................................................................................... 4
1.1         Members ........................................................................................................................... 4
1.2         Attendance ........................................................................................................................ 4
1.3         Number of People in Gallery Present at Commencement of Meeting................................. 4
1.4         Apologies ........................................................................................................................... 4
1.5         Leave of Absences ............................................................................................................ 4
1.6         Declaration of Financial, Proximity or Impartiality Interest .................................................. 4

2.          PUBLIC QUESTION TIME................................................................................................. 5
2.1         Response to Previous Public Questions Taken on Notice.................................................. 5
2.1.1       Alicia Christy ...................................................................................................................... 5

2.2         Written Questions – Current Agenda ................................................................................. 6

2.3         Verbal Questions – Current Agenda .................................................................................. 6

2.4         Any Other Questions ......................................................................................................... 6
2.4.1       David Milliken, Master Plan - Lot 11 Gray Road, Bindoon .................................................. 6

3.          CONFIRMATION OF MINUTES OF PREVIOUS MEETINGS ............................................ 8
3.1         Ordinary Meeting – 19 March 2008.................................................................................... 8
3.1         Special Meeting – 4 April 2008 .......................................................................................... 8

4.          ANNOUNCEMENT BY PRESIDING MEMBER WITHOUT DISCUSSION ....................... 20

5.          PETITIONS/DEPUTATIONS/PRESENTATIONS/SUBMISSIONS ................................... 20
5.1         Cardno BSD on behalf of Westmore Corporation ............................................................ 20
5.2         Mr Frank Fewster – Questions to Cardno BSD ................................................................ 20
5.3         Petition – Demolition & Recycling Plant, Lot 1920 Great Northern Highway..................... 20

6.          OFFICER‟S REPORT ...................................................................................................... 20
6.1         ENVIRONMENTAL HEALTH OFFICERS ........................................................................ 20
6.2         BUILDING OFFICERS ..................................................................................................... 20

6.3    PLANNING OFFICERS ................................................................................................... 21
6.3.1  Proposed – Subdivision Lots 600 & 601 Wells Glover Road, Bindoon (10.9.4) ................ 21
6.3.2  Amendment to Planning Conditions - Proposed Water Pipe Line, WAMIA, Muchea East
       Road, Muchea (10.9.10 77/08) ........................................................................................ 39
6.3.3  Proposed Road Names – Payne Street Subdivision (12.2.5) ........................................... 48
6.3.4  Proposed Subdivision – Lot 7 Reserve Road, Muchea (10.9.4 WAPC 137128) ............... 52
6.3.5  Proposed Shed at Lot 49 (RN 25) Bagley Street, Muchea (10.9.10 90/08) ...................... 58
6.3.6  Proposed Farmstay Accommodation, Lot 33 (RN 221) Chittering Valley Road, Chittering
       (10.9.10 56/08) ................................................................................................................ 64
6.3.7  Proposed Transport Depot, Part Lot 23 Muchea East Road, Muchea (10.9.10 65/08) ..... 73
6.3.8  Proposed Shed and R-Code Variation at Lot 218 (RN 10) Popple Place, Muchea (10.9.10
       46/08) .............................................................................................................................. 80
6.3.9  Proposed Closure of a Laneway between Archibald and Porter Streets (12.3.2) ............. 85
6.3.10 Proposed Change of Use to Equestrian Centre - Lot 4 (RN 159) Timaru Road, Muchea
       (10.9.10 69/08) ............................................................................................................... 94

Ordinary Council Meeting Minutes – 16 April 2008                                                                                                2
6.3.11 Proposed Class 1 Recycling and Inert Landfill Facility Lot 1920 (RN 4040) Great Northern
       Highway, Chittering (10.9.10 02/08) .............................................................................. 107
6.3.12 Proposed Extractive Industry Lot 83 Great Northern Highway, Chittering (10.9.10 82/08)
       ...................................................................................................................................... 131

6.4         ENGINEERING SERVICES ........................................................................................... 144

6.5         FINANCE, ADMINISTRATION & COMMUNITY SERVICES .......................................... 144
6.5.1       Finance Review Session................................................................................................ 144
6.5.2       Appointment of Auditor – 1 July 2007 to 30 June 2010 .................................................. 184
6.5.3       Sustainability, Strategic Planning, & Possible Changes in Local Government Operations &
            Legislation ( 4.5.3 ) ........................................................................................................ 187
6.5.4       Trails Plan – Master Plan ............................................................................................... 190

6.6         CHIEF EXECUTIVE OFFICER ...................................................................................... 193
6.6.1       Chittering Tourist Association Lease .............................................................................. 193
6.6.2       Perth-Darwin National Highway and Main Roads Structure Plan (12.7.3) ...................... 198

7.          REPORTS OF COMMITTEES ....................................................................................... 204
7.1         Audit Committee ............................................................................................................ 204
7.2         Australia Day Committee ............................................................................................... 211

8.          ELECTED MEMBERS MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN
            ...................................................................................................................................... 217
8.1         Cr Johnston - Community Based task force ................................................................... 217

9.          NEW BUSINESS OF AN URGENT NATURE INTRODUCED BY DECISION OF THE
            MEETING – ELECTED MEMBERS, OFFICERS ........................................................... 218

10.         NEXT MEETING – 21 May 2008 ................................................................................... 218

11.         CONFIDENTIAL ITEMS................................................................................................. 218

12.         CLOSURE ..................................................................................................................... 218




Ordinary Council Meeting Minutes – 16 April 2008                                                                                                   3
                             ORDINARY COUNCIL MEETING

Minutes of the Ordinary meeting of Council to be held in the Council Chambers, Bindoon on
Wednesday, 16 April 2008 commencing at 7:01pm.

1.              OPEN MEETING
1.1             Members
Cr D Gibson, Shire President
Cr J Tomlinson, Deputy Shire President
Cr A Douglas
Cr R Hawes
Cr M Johnston
Cr D Mackie
Cr S L Vallance

1.2             Attendance
Mr J Merrick Chief Executive Officer
Ms D Gobbart, Executive Manager Corporate Services / Deputy Chief Executive Officer
Mr A Awang, Executive Manager Development Services
Mr J Crothers, Executive Manager Strategic and Community Services
Ms N Cocking, Executive Support Officer

1.3              Number of People in Gallery Present at Commencement of Meeting
17

1.4              Apologies
Nil

1.5              Leave of Absences
Nil

1.6               Declaration of Financial, Proximity or Impartiality Interest
Cr Douglas     Agenda Item 6.6.1 - Impartiality Interest, Committee member of Tourism Association
               and long time Volunteer.
Cr Vallance    Agenda Item 6.6.1 - Impartiality Interest, Committee member of Tourism Association
Cr Hawes       Agenda Item 6.3.12 – Financial Interest, Family ownership of extractive industry site
               from where the Shire has extracted raw material.




Ordinary Council Meeting Minutes – 16 April 2008                                                  4
2.             PUBLIC QUESTION TIME

PROCEDURES FOR PUBLIC QUESTION TIME (adopted 25 August)

A complete copy of the Procedure is available on request.

The Council, as required by the Local Government Act, sets aside a period of “Public Question
Time” to enable a member of the public to put to the Council a question concerning the work or any
activity of the Council. Upon receipt of a question from a member of the public, the Shire President
may either answer the questing or direct the question to a Councillor or an Officer to answer.

     1. Public Question Time will be conducted at an Ordinary Meeting of Council immediately
        following Answers to Questions which were Taken on Notice.
     2. Each member of the public asking a question will be initially limited to a maximum time
        allocation of 5 minutes
     3. The Presiding Officer, will in the first instance, give preference to any member of the public
        who has a question relating to the agenda and in the second instance, give preference to
        any member of the public who has lodged a question in writing in accordance with these
        procedures.
     4. If there is time available, at the conclusion of all questions relating to any business listed
        on the agenda, the Presiding Officer will only consider further questions from the public
        concerning the work or any activity of the Shire provided that the question to be placed
        before Council has received in writing by 4.30pm of the Friday prior to the Ordinary
        Meeting of Council.
     5. In the event that written notice of a proposed question which is not related to any of the
        business listed on the agenda for a decision of Council, is not received as set out in these
        procedures, the question shall be taken on notice, and upon the written question being
        placed in writing and lodged with Council, the question and its answer, shall if possible be
        set out in the next agenda of Council and conveyed to the member of the public in writing
        who asked the question.
     6. If any Question requires further research prior to an answer being given, the Presiding
        Officer will indicate that the “Question will be taken on Notice” and a response will be
        forwarded to the member of the public following the research being undertaken.
     7. A summary of the question and the answer will be recorded in the Minutes of the Council
        Meeting at which the question was asked.

2.1             Response to Previous Public Questions Taken on Notice
2.1.1           Alicia Christy
Question
Can Council explain by what power or authority does Council consider it can enter into any
discussion, amendment, or variation of an order made by the State Administrative Tribunal (S.A.T.)

Question
Can Mr Gibson inform the community as to what actions he has personally taken, including all
meetings relating to all orders made by the S.A.T the Section 10.(3) order served by Council 12
August 2005 the Section 214 Directions issued 13 March 2007 by Council. If not why not?

Question
Can Mr Gibson provide a copy of the register of delegations to identify under what power and
authority has he been delegated to carry out the administrative functions of Council Officers?

Question
Can Mr Gibson identify to Council and the community what qualifications he holds in environmental
science and law to entitle him to?
a)    Carry out the administrative functions of Council Officers and /or appoint Consultants, and
Ordinary Council Meeting Minutes – 16 April 2008                                                    5
b)     Disregard the „expert evidence‟ provided to the State Administrative Tribunal which guided
       the S.A.T.‟s determination as to the minimum rehabilitation required on Lot 11?

If not able to identify this, why not?

Answer
The Shire President advises that Council has no authority to vary a State Administrative Tribunal
ruling without reference to it; however as an elected member of Council I have an incumbent duty
to ensure that rate payers are protected from over expenditure of municipal funds for unnecessary
legal expenses and / or undertakings.

I have never assumed an authority outside of that required of an elected member, I‟m aware of my
statutory obligations as an elected member and totally reject the attempted belittlement of that
made by Alicia Christy.

2.2               Written Questions – Current Agenda
Nil

2.3               Verbal Questions – Current Agenda
Nil

2.4               Any Other Questions
2.4.1             David Milliken, Master Plan - Lot 11 Gray Road, Bindoon
Question
Public Open Space (POS) is generally not required in rural–residential subdivisions, as per the
WAPC‟s Development Control Policies which provide the guidelines for subdivision determinations.
Given that the population densities are extremely low, POS areas would be underutilised, and POS
maintenance would become a significant cost burden on the Shire. Further, given that recreational
areas in rural residential subdivisions are within the individual lots due to their large size and the
large lots with building envelopes maintain the rural nature of the area, why does Council seek to
have a proportion of land within rural-residential developments reserved for POS?

Answer
The Shire of Chittering has a total of 1% POS allocated within the shire. The intent is to allocate
POS within the individual subdivision to allocate for future growth and demand for public
community facilities. Council is also working on implementing the Perth Biodiversity Corridor which
will allow the protection of Remnant Vegetation and provide the continuity and linkage with existing
and future POS.

Question
The common requirement for 10% POS urban areas is outlined in the WAPC‟s development
Control policy 2.3 which generally requires 10% POS residential areas. This is calculated in the
basis of 3.36ha of POS being sufficient for 1000 people. At an average density of 30 persons/ha
this equates roughly 10% of subdivisional area. This obviously does not apply to rural and rural-
residential areas where densities are far less, which is reflected by the fact that the
WAPC DC Policies do not require POS in rural residential areas. How has Council come to the
determination that 10% of subdivisional land is appropriate provision rural residential areas?

Answer
The figure is an arbitrary figure and the POS land can also be used for Community Facilities, such
as schools etc, which is currently lacking within the shire, especially with the increasing population.

Question
Development requirements, including the provision of Public Open Space, are determined by the
WAPC during the subdivision approval process, as per the Planning and Development Act 2005.
Ordinary Council Meeting Minutes – 16 April 2008                                                     6
Given that the WAPC‟s Development Control Policies do not require POS in rural residential areas,
it is unlikely that the WAPC would support a 10% POS requirement for a rural residential
subdivision. Council understands this yet is insisting that a 10% POS requirement be applied by
requiring landowners to enter into a legal agreement agreeing to provide it before a rezoning is
even initiated. This totally inappropriate as Council requires landowners to agree to something that
they should not have to provide given the points outlined in questions 1 and 2 above. In effect,
there is little point in having town planning schemes if Local Governments decide that they can
require landowners to agree to anything before a lot can be rezoned. Why does Council feel that it
is appropriate to act in such a manner and require legal agreements before initiating rezoning?

Answer
Currently the Planning framework has not allowed POS to be provided for Rural Residential
subdivisions. The only available avenue that Council has is to enter into a Deed of Agreement with
the land owner prior to initiating any rezoning. Council‟s legal advice is to pursue this avenue.

The Town Planning Scheme also gives the Council the power to enter into an agreement with any
owner, occupier or other person having an interest in land affected by the provisions of the scheme
in respect of a matter pertaining to the scheme.

Question
Given the above will Council reconsider the requirement for the land owners of Lot 11 Gray Road
to enter into a legal agreement before the rezoning can be initiated?

Answer
No

Question
Given the above, will Council review Local Planning Policy 28 with a view to reconsidering the
need to provide POS in Rural Residential areas, the amount of POS to be provided in Rural –
Residential areas, and the requirement for landowners to enter into a legal agreement to provide
10% POS before a rezoning is considered?

Answer
Council is currently in the process of undertaking a scheme amendment to allow for Developer
contributions and the policy will be reviewed upon the outcome of the scheme amendment.




Ordinary Council Meeting Minutes – 16 April 2008                                                  7
3.             CONFIRMATION OF MINUTES OF PREVIOUS MEETINGS
3.1            Ordinary Meeting – 19 March 2008

OFFICER RECOMMENDATION TO BE DEBATED AND RESOLVED BY COUNCIL
―That the minutes of the Ordinary meeting of Council held in the Council Chambers, Bindoon on
Wednesday, 19 March 2008 be confirmed as a true and correct record of proceedings.‖

030408
Moved Cr Douglas / Seconded Cr Johnston
“That the minutes of the Ordinary meeting of Council held in the Council Chambers,
Bindoon on Wednesday, 19 March 2008 be confirmed as a true and correct record of
proceedings.”

                                                                           CARRIED [ 7 – 0 ]

3.1            Special Meeting – 4 April 2008

OFFICER RECOMMENDATION TO BE DEBATED AND RESOLVED BY COUNCIL
―That the minutes of the Special meeting of Council held in the Council Chambers, Bindoon on
Friday, 4 April 2008 be confirmed as a true and correct record of proceedings.‖

040408
Moved Cr Mackie / Seconded Cr Johnston
“That the minutes of the Special meeting of Council held in the Council Chambers, Bindoon
on Friday, 4 April 2008 be confirmed as a true and correct record of proceedings.”

                                                                           CARRIED [ 7 – 0 ]




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4.             ANNOUNCEMENT BY PRESIDING MEMBER WITHOUT DISCUSSION
4.1            Cr Gibson - President
The West Australian Local Government Association has recently completed a draft study on the
systemic sustainability of Local Governments into the future.
This report has been driven to some extent by the forced amalgamations of Council in the Eastern
States, and the plight of some Regional Shires with declining populations.
This Council will be meeting to consider our response to the document, considering our rapid
development and sound financial management.

5.            PETITIONS/DEPUTATIONS/PRESENTATIONS/SUBMISSIONS
5.1           Cardno BSD on behalf of Westmore Corporation
A presentation on the Proposed Class 1 Recycling and Inert Landfill Facility Lot 1920 (RN4040)
Great Northern Highway Chittering, was made to Council.


5.2         Mr Frank Fewster – Questions to Cardno BSD
Question
MRWA prefers that access to the proposed plant is not from Great Northern Highway

Answer
The gravel road would need to be sealed.

Question
When did the existing site become a health and safety issue with the Shire?

Answer
The safety issue is access by the public is easily gained.

5.3           Petition – Demolition & Recycling Plant, Lot 1920 Great Northern Highway
Cr Tomlinson presented to Council a petition and emails of objection that she had received for Item
6.3.11 against the proposal of Proposed Class 1 Recycling and Inert Landfill Facility Lot 1920
(RN4040) Great Northern Highway Chittering.

6.             OFFICER’S REPORT
6.1            ENVIRONMENTAL HEALTH OFFICERS
Nil

6.2            BUILDING OFFICERS
Nil




Ordinary Council Meeting Minutes – 16 April 2008                                                20
6.3             PLANNING OFFICERS
6.3.1           Proposed – Subdivision Lots 600 & 601 Wells Glover Road, Bindoon
                (10.9.4)

REPORT DATE:                                          5 April 2008
LOCATION ADDRESS:                                     Lots 600 (previous Lot 2) and 601 (previous
                                                      Lot 7) Wells Glover Road, Bindoon
APPLICANT                                             SG Anderson, RJ Hobbs, KL Read & KL
                                                      Read
AUTHOR                                                Azhar       Awang,     Executive    Manager
                                                      Development Services
SENIOR OFFICER                                        John Merrick, Chief Executive Officer
DISCLOSURE OF INTEREST                                Nil
APPENDICES                                            1. Locality Plan
                                                      2. Subdivision Plan
                                                      3. Letter from applicants
DOCUMENTS TABLED                                      Nil

Summary:
Council‟s consideration is required for the proposed subdivision of Lots 2 & 7 Wells Glover
Road. The proposal is to realigned the boundary of these lots and no additional lot is created

Background:
Council has received correspondence from the lot owners of the subject properties seeking
Council‟s view for the proposed boundary alignment of the proposed Lots 600 and 601 Wells
Glover Road, Bindoon.

Lot 600 will have an area of 29. 5794 hectares (previously 20.2925 hectares) and Lot 601 will have
an area of 3.6732 hectares (previously 12.955 hectares).

The owners of Lot 7 (new lot 601) in their letter to Council outline the following reasons for the
proposed boundary realignment:

        Existing Lot 7 is no longer financially viable.
        Present owners are retiring and want to pass the family home to the member of the family
        who is working in the mining industry and does not intend to continue with the existing
        intensive farming.
        The family would still like to remain in the district as the first settlers of the Bindoon region
        and to maintain the strong community connection.
        The amalgamation of some of Lot 7 into Lot 2 will increased the viability of Lot 2 which is to
        continue with intensive agriculture production of the land.
        The current lot size of Lot 7 is too small to farm sheep or cattle as a viable operation.

In support of the proposed subdivision, the proposal is to retained the existing remnant vegetation
and protect the existing water course by fencing and undertaking revegetation.

Both of these land owners have agreed to the proposed subdivision and amalgamation.

Both lots will have access to the exiting constructed road.

Consultation:
N/A


Ordinary Council Meeting Minutes – 16 April 2008                                                      21
Statutory Environment:
State: Planning and Development Act 2005

Local: Shire of Chittering Town Planning Scheme No. 6
The zoning of the land is Agricultural Resource”
The objectives of the Agricultural Resource Zoned land are:

To preserve production land suitable for grazing, cropping and intensive horticulture and other
compatible productive rural uses in a sustainable manner;
To protect the landform and landscape values of the district against despoliation and land
degradation;
To encourage intensive agriculture and associated tourist facilities, where appropriate;
To allow for the extraction of basic raw materials where it is environmentally and socially
acceptable.

The subject land falls within the Landscape Protection Areas. Under Part 6 – Special Control
Areas, clause 6.2.2 of the Scheme specifies the purpose of the Landscape Protection Areas as
follows:

6.2.2 Purpose
       (a) To secure the areas delineated on the Scheme Map from undue subdivision and
            development that would detract from the landscape value of the rural environment;
       (b) To conserve and enhance the character of the significant landscape area; and
       (c) To ensure land use and developments are compatible with the landscape values.

Policy Implications:
Nil

Financial Implications:
Nil

Strategic Implications:
Shire of Chittering Local Planning Strategy 2001 - 2015
In clause 9.6 of the Local Planning Strategy, the strategies and actions for the subdivision of
Agricultural Resources zoned land will only be supported where:

The usable or tillable land area is 25 ha or more. Such areas not included in such calculation
comprise, land of substantial remnant vegetation; land required for rehabilitation such as along
streamlines and prominent ridge lines, areas of rock or other soils not appropriate for horticulture,
land gradients exceeding 15%;

Require land to be appropriately rezoned prior to the Shire supporting subdivision and
development for intensive agriculture (to ensure consistency with the requirements of Statement of
Planning Policy No. 2.5;

The proposed lots must be demonstrated to be of a sufficient size to be environmentally and
economically sustainable in the long term as an agricultural enterprise;

Each lot must contain sufficient usable/tillable land of ‗High‘ to ‗Very High‘ capability for intensive
agriculture and be suited to the intended intensive agricultural purpose (an absolute minimum area
of 25ha may be suggested, however the Shire and the Commission should be guided by advice
from the Department of Agriculture);

Clarify that each lot must have a proven sustainable water supply (in terms of both quality and
quantity) for domestic, fire management, agricultural/irrigation purposes and environmental uses.
Ordinary Council Meeting Minutes – 16 April 2008                                                    22
Voting Requirement:
Absolute Majority Required: No

Site Inspection:
Site inspection undertaken: Yes

Triple Bottom Line Assessment:
Economic Implications:
The applicants indicated that the subject land (existing Lot 7) is no longer viable for what they are
operating at the moment and is looking for an alternative option as the owner still favoured the site
as their main residence. The option to subdivide the lot will allow the adjoining owner to expand on
their agriculture activity (existing Lot 2) making the lot more viable.

Social Implications:
There are no perceived social implications, which would result from approval of this application.

Environmental Implications:
The area falls within the Special Control Areas – Landscape Protection area which requires the
owner to protect and enhance the landscaped area

Comment:
The proposal is to realign the property boundary of the two lots and no additional lot is to be
created from this subdivision. The proposed Lots 600 & 601 would still retain the current access
points, which is via Wells Glover Road.

The proposal also allows the Brockman River to be under the single ownership (Lot 600) and the
owner will be undertaking revegetation as well as fencing the Brockman river area.

Currently the existing two lots do not meet the minimum area of 25 hectares. The proposed
subdivision will allow one of the lots (Lot 600) to satisfy the minimum lot requirement.

Lot 601 will have an area of 3.6732 hectares which is below the minimum lot area for “Agriculture
Resource” zoned land. The intent is to create Lot 601 as a homestead for residential and
agricultural lifestyle.

The State Planning Policy – Development Control Policy 3.4 (DC 3.4) – Subdivision of Rural land
which has been recently adopted by the Western Australian Planning Commission in January
2008. Under section 4.9 – Homestead Lots which is defined as:

―A small lot generally ranging from 1-4 hectares in size, which is excised from a larger farm holding
for a separate occupation, such as by a retiring farmer wishing to remain in an existing dwelling.‖

According to DC 3.4 Homestead lots may be created to enable an existing house on a farm to
continue to be occupied provided that:

       The land is in the Wheatbelt agriculture policy area;
       The population in the locality is declining or relatively static;
       The homestead lot has an area between 1-4 hectares, or up to 20 hectares where it is
       desirable to respond to the landform or to include existing outbuildings or water sources;
       The homestead lot fronts a constructed public road;
       The homestead lot contains an existing residence; and
       A homestead lot has not been excised from the farm in the past.


Ordinary Council Meeting Minutes – 16 April 2008                                                    23
The proposal also provided an environmental management where the existing Brockman River is
now under the one ownership which will allow a better management plan of the river area.

Although Lot 601 does not meet the minimum lot size for the Agricultural Resource zoned land, the
proposed subdivision allows a more viable and a better management to the existing agricultural
activity for the adjoining property through amalgamation of additional land, protection of the
Brockman River under the one ownership and maintaining the lifestyle of the area.

The proposed subdivision is also not creating an additional lot.

It is therefore recommended that Council supports the proposed subdivision and advises the
applicant to submit a formal subdivision application through the Western Australian Planning
Commission (WAPC).

OFFICER RECOMMENDATION TO BE DEBATED AND RESOLVED BY COUNCIL
―That the applicant be advised that the proposed subdivision for the boundary alignment of Lots
600 and 601 Wells Glover Road, Bindoon be supported subject to the following conditions:
1. Submission of a formal subdivision plan through a licensed surveyor to be made to the
    Western Australian Planning Commission for its consideration;
2. Clarify that each lot must have a proven sustainable water supply (in terms of both quality and
    quantity) for domestic, fire management, agricultural/irrigation purposes and environmental
    uses;
3. Revegetation to be undertaken as per the application and shall be of local indigenous species
    to the satisfaction of the Chief Executive Officer;
4. Fencing of the Brockman River to restrict livestock within this area;
5. The land being filled and/or drained at the subdivider‘s cost to the satisfaction of the Western
    Australian Planning Commission;
6. Rural numbering for all new lots at a cost to the proponent of $27.50 per new lot created;
7. Suitable arrangements being made with the Local Government for the provision of vehicular
    crossover(s) to service the lot(s) shown on the approved plan of subdivision;
8. All buildings having the necessary clearance from the new boundaries as required by Town
    Planning Scheme No.6 and the Local Planning Policy No 18 – Setbacks;
9. No clearing of remnant vegetation is permitted other than for the purpose of building envelope
    and fire breaks;
10. Provision and implementation of a Fire Management Plan in accordance with Council‘s Local
    Planning Policy No 21.‖

050408
Moved Cr Douglas / Seconded Cr Tomlinson
“That the applicant be advised that the proposed subdivision for the boundary alignment
of Lots 600 and 601 Wells Glover Road, Bindoon be supported subject to the following
conditions:
1. Submission of a formal subdivision plan through a licensed surveyor to be made to the
    Western Australian Planning Commission for its consideration;
2. Clarify that each lot must have a proven sustainable water supply (in terms of both
    quality and quantity) for domestic, fire management, agricultural/irrigation purposes
    and environmental uses;
3. Revegetation to be undertaken as per the application and shall be of local indigenous
    species to the satisfaction of the Chief Executive Officer;
4. Fencing of the Brockman River to restrict livestock within this area;
5. The land being filled and/or drained at the subdivider‟s cost to the satisfaction of the
    Western Australian Planning Commission;
6. Rural numbering for all new lots at a cost to the proponent of $27.50 per new lot
    created;
7. Suitable arrangements being made with the Local Government for the provision of
Ordinary Council Meeting Minutes – 16 April 2008                                                 24
    vehicular crossover(s) to service the lot(s) shown on the approved plan of subdivision;
8. All buildings having the necessary clearance from the new boundaries as required by
    Town Planning Scheme No.6 and the Local Planning Policy No 18 – Setbacks;
9. No clearing of remnant vegetation is permitted other than for the purpose of building
    envelope and fire breaks;
10. Provision and implementation of a Fire Management Plan in accordance with Council‟s
    Local Planning Policy No 21.”
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6.3.2      Amendment to Planning Conditions - Proposed Water Pipe Line, WAMIA,
           Muchea East Road, Muchea (10.9.10 77/08)
REPORT DATE:                              4 April 2008
LOCATION ADDRESS:                         Lots 12 & 13 Muchea East Road, Muchea
APPLICANT                                 WAMIA
AUTHOR                                    Azhar       Awang,    Executive     Manager
                                          Development Services
SENIOR OFFICER                            John Merrick, Chief Executive Officer
DISCLOSURE OF INTEREST                    Nil
APPENDICES                                1. Locality Plan
                                          2. Site Plan
                                          3. Letter from Applicant
DOCUMENTS TABLED                          Nil

Summary:
Council‟s consideration is required in regards to the proposed amendment to the Planning
Approval for the water pipe crossing from Lot M1456 to Lots 12 & 13 (WAMIA site) Muchea East
Road, Muchea. The applicant has submitted a letter seeking Council to amend condition 1 of the
Planning Approval to change the time period from 30 May 2008 to 31 January 2009 to allow for
the use of water for the entire construction stage of the Livestock Centre.

Background:
The matter was previously considered by Council at its meeting held on 19 March 2008. Council at
that meeting resolved as follows:

―That the applicant be advise that the proposed underground water pipeline on Muchea East Road
from Lot M1456 to Lots 12 & 13 Muchea East Road, Muchea is supported subject to the following
conditions:
  1. The proposal is for a short term period until 30 May 2008 and after such time all pipeline and
     any structures shall be removed and the site rehabilitate to its current status;
  2. The approval is to assist WAMIA in addressing the dust issues and the water is to be used for
     compaction and dust suppression from the WAMIA site;
  3. The applicant is to make good any damages to the road pavement when undertaking works to
     the satisfaction of the Chief Executive Officer at no cost to Council;
  4. The applicant indemnifies the Shire against any claims, demands or proceedings arising from
     or associated with the installation and use of the water pipeline.

Advice Notes:
1. Penalties for breach of Planning approval are described under Section 218 of the Planning
    and Development Act 2005;
2. The Applicant have the right of review to the State Administrative Tribunal should they be
    aggrieved by Council‘s decision. Such an appeal should be lodged within twenty-eight (28)
    days of Council‘s decision.‖

Council has received a letter from WAMIA seeking to amend the time period as stipulated in
condition 1 of the Planning Approval from 30 May 2008 to 31 January 2009 for the construction
stage of the Livestock Centre in order to control the dust issue.

Consultation:
N/A

Statutory Environment:
State: Town Planning and Development Act 2005

Local: Shire of Chittering Town Planning Scheme No. 6
Ordinary Council Meeting Minutes – 16 April 2008                                                39
   Use and Development of Local Reserve
   A person must not –
           (a) Use a Local Reserve; or
           (b) Commence or carry out any development on a Local Reserve,
   Without first having obtained planning approval under Part 9 of the Scheme
   In determining an application for Planning Approval the Local Government is to have regard to:
           (a) the matters set out in Clause 10.2; and
           (b) the ultimate purpose intended for the Reserve.
   In the case of land reserved for the purpose of a public authority, the Local Government is to
   consult with that authority before determining an application for Planning Approval.

9.1 Form of Application
9.1.1 An application for Approval for one or more of the following:
(a) a use or commencement of development on Local Reserve under clause 3.4:
is, subject to clause 9.1.2, to be made in the form prescribed in Schedule Seven (7) and is to be
signed by the owner, and accompanied by such plans and other information as is required under
the Scheme.

10.2 Matters to be considered by Local Government
The Local Government in considering an application for Planning Approval, is to have due regard
to such of the following matters as are in the opinion of the Local Government relevant to the use
or development the subject of the applications –

(a) the aims and provisions of the Scheme;
(b) the requirements of orderly and proper planning including any relevant proposed new district
planning scheme or amendment, which has been granted consent for public submissions to be
sought;
(c) any approved Statement of Planning Policy of the Commission;
(d) any approved environmental protection policy under the Environmental Protection Act 1986;
(e) any relevant policy or strategy of the Commission and any relevant policy adopted by the
Government of the State;
(f) any Local Planning Policy adopted by the Local Government under clause 2.4, any heritage
policy statement for a designated heritage area adopted under clause 7.2.2, and any other plan or
guideline adopted by the Local Government under the Scheme;
(g) the aims and objectives of Catchment Management Plans and Principles for the Scheme Area;
(h) In the case of land reserved under the Scheme, the ultimate purpose intended for the reserve;
(i) the conservation of any place that has been registered in the Register of Places within the
meaning of the Heritage Act of Western Australia 1990, or which is included in the Heritage List
under clause 7.1, and the effect of the proposal on the character or appearance of a heritage area;
(j) the compatibility of a use or development within its setting taking into consideration any Special
Control Area.
(k) any social issues that have an effect on the amenity of the locality;
(l) the cultural significance of any place or area affected by the development;
(m) the likely effect of the proposal on the natural environment and any means that are proposed to
protect or to mitigate impacts on the natural environment;
(n) whether the land to which the application relates is unsuitable for the proposal by reason of it
being, or being likely to be, subject to flooding, tidal inundation, subsidence, landslip, bush fire or
any other risk;
(o) the preservation of the amenity of the locality;
(p) the relationship of the proposal to development on adjoining land or on other land in the locality
including but not limited to, the likely effect of the height, bulk, scale, orientation and appearance of
the proposal;
(q) whether the proposed means of access to and egress from the site are adequate and whether
adequate provision has been made for the loading, unloading, manoeuvring and parking of
vehicles;
Ordinary Council Meeting Minutes – 16 April 2008                                                     40
(r) the amount of traffic likely to be generated by the proposal, particularly in relation to the capacity
of the road system in the locality and the probable effect on traffic flow and safety;
(s) whether public transport services are necessary and, if so, whether they are available and
adequate for the proposal;
(t) whether the public utility services are available and adequate for the proposal. This includes
existing facilities and those planned for construction to meet the needs of the proposal and future
servicing requirements of the Scheme Area.
(u) Whether adequate provision has been made for access for pedestrians and cyclists (including
end of trip storage, toilet and shower facilities);
(v) whether adequate provisions have been made for access by disabled persons;
(w) whether adequate provision has been made for the landscaping of the land to which the
application relates and whether any trees or other vegetation on the land should be preserved;
(x) whether the proposal is likely to cause soil erosion or land degradation;
(y) the potential loss of any community service or benefit resulting from the Planning Approval;
(z) any relevant submissions received on the application;
(aa) the comments or submissions received from any authority consulted under clause 10.1.1;
(bb) any other planning consideration the Local Government considers relevant.

The Local Government (uniform local provisions) Regulations 1996 include the following reference
to structures in road reserves:

17. Private works on, over, or under public places — Sch. 9.1 cl. 8
(1) A person who constructs anything on, over, or under a public thoroughfare or other public
     place that is local government property without first obtaining written permission from the local
     government commits an offence.
(2) A local government may —
     (a) grant permission to construct anything on, over, or under a public thoroughfare or other
         public place that is local government property; and
     (b) impose conditions in respect of the permission, which may include a condition imposing a
         charge for any damage to the public thoroughfare or public place resulting from the
         construction.
(3) It is a condition of the permission that the ordinary and reasonable use of the public
    thoroughfare or public place for the purpose to which it is dedicated is not to be permanently or
    unreasonably obstructed.
(4) A person who fails to comply with a condition of the permission commits an offence.
(5) A person who constructs anything in accordance with permission under this section is required
    to —
    (a) maintain it; and
    (b) obtain from an insurance company approved by the local government an insurance policy,
         in the joint names of the local government and the person, indemnifying the local
         government against any claim for damages which may arise in, or out of, its construction,
         maintenance or use.
(6) A person who fails to comply with subregulation (5) commits an offence.
(7) The penalty for an offence under subregulation (1), (4), or (6) is $1,000.

Policy Implications:
Local Planning Policy No 31 - Structures in Road Reserve.

4.     Objectives
The objectives of this policy are:
      To ensure road reserves are maintained free of obstructions and available for their intended
      purpose.
To maintain the rural character of the Shire.

5.     POLICY STATEMENT
Ordinary Council Meeting Minutes – 16 April 2008                                                       41
5.1 A person who constructs anything on, over, or under a public thoroughfare or other public
    place that is local government property without first obtaining written permission from the
    Shire commits an offence.
5.2 Mail boxes are to be erected on private property and not within road reserves.
5.3 Council will not support within any road reserve any bores or private utility infrastructure,
    including pipelines.
5.4 It is Council‘s intention to amend the Scheme Map to show local road reserves.

Financial Implications:
Nil

Strategic Implications:
Nil

Voting Requirement:
Absolute Majority Required: No

Site Inspection:
Site inspection undertaken: Yes

Triple Bottom Line Assessment:
Economic Implications:
There may be economic implication as a result of this application due to possible damages to the
Muchea East Road.

Social Implications:
There are no perceived social implications, which would result from approval of this application.

Environmental Implications:
There may be some environmental implications as a result of approval of this application due to
quality of water and possible contamination from one site (Midland Brick) to another (WAMIA).

Comment:
The proposed extension to the time period of Condition 1 from 30 May 2008 to 31 January 2009
for the underground water pipeline across Muchea East Road would not be an issue as this will
allow the contractors to access the water for the construction of the Livestock in order to reduce
the dust issue.

It is recommended that Council amends Condition 1 of the Planning Approval by amending the
time period from 30 May 2008 to 31 January 2009.




Ordinary Council Meeting Minutes – 16 April 2008                                                    42
OFFICER RECOMMENDATION TO BE DEBATED AND RESOLVED BY COUNCIL
―In accordance with the Administration Regulation 10(1)(b) Council considers amending
resolution number 240308 of the Ordinary Council Meeting of 19 March 2008.‖

―In accordance with the Administration Regulation 10(1)(b) Council amends resolution number
240308 of the Ordinary Council Meeting of 19 March 2008 by varying the time frame of condition
1 from 30 May 2008 to 31 January 2009.‖

060408
Moved Cr Johnston / Seconded Cr Vallance
“In accordance with the Administration Regulation 10(1)(b) Council considers amending
resolution number 240308 of the Ordinary Council Meeting of 19 March 2008.”

“In accordance with the Administration Regulation 10(1)(b) Council amends resolution
number 240308 of the Ordinary Council Meeting of 19 March 2008 by varying the time
frame of condition 1 from 30 May 2008 to 31 January 2009.”

                                                                             CARRIED [ 7 – 0 ]




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6.3.3           Proposed Road Names – Payne Street Subdivision (12.2.5)

REPORT DATE:                                        4 April 2008
LOCATION ADDRESS:                                   Lot 1924 Payne Street, Muchea
APPLICANT                                           Anglo Estates Pty Ltd
AUTHOR                                              Azhar      Awang,     Executive     Manager
                                                    Development Services
SENIOR OFFICER                                      John Merrick, Chief Executive Officer
DISCLOSURE OF INTEREST                              Nil.
APPENDICES                                          1. Locality Plan
                                                    2. Subdivision Plan
DOCUMENTS TABLED                                    Nil

Summary:
Council‟s consideration is required in regards to the proposed street names for the subdivision
at Lot 1924 Payne Street, Muchea.

Background:
The matter was previously considered by Council at its meeting held on 15 August 2007. Council
at that meeting resolved as follows:

200807
Moved Cr Rutherford / Seconded Cr Vallance
―That Council recommend to the Geographic Names Committee that the following new road names
in the Payne Street Estate be endorsed as Haslam, Kendall and Van Ooran.‖

The Geographic names Committee has indicated that it requires a subdivision plan showing the
road names on the approved subdivision plan. The Geographic Names Committee also indicated
that the subdivision requires an additional street name to be allocated to the subdivision.”

Consultation:
N/A

Statutory Environment:
Land Administration Act 1997 – clause 26 (2) (2)
The Minister may by order –
(a) constitute land districts and townsites;
(b) define and redefine the boundaries of, name, rename and cancel the names of, and, subject to
    this section, abolish land districts and townsites; and
(c) name, rename and cancel the name of any topographical feature, road or reserve.

The Geographic Names Committee undertakes this task on behalf of the Hon. Minister.

Local Government (Miscellaneous Provisions) Act 1960 – Section 295 (3) (b) refers to the naming
of a road.

Policy Implications:
Council has no policy on the selection of road names other than relying on the Department of Land
Information Guidelines.

Financial Implications:
The cost of installing the new road signs is the responsibility of the developer.

Strategic Implications:
Nil
Ordinary Council Meeting Minutes – 16 April 2008                                                  48
Voting Requirement:
Absolute Majority Required: No

Site Inspection:
Site inspection undertaken: Yes

Triple Bottom Line Assessment:
Economic Implications:
Nil

Social Implications:
Nil

Environmental Implications:
Nil

Comment:
The names suggested follow the existing theme for the subdivision which is Councillor‟s names.

The Geographic Names Committee indicated that a name of a living person is not suitable for road
names.

It is recommended that O‟Neil Close be nominated as the additional road name for the Payne
Street Estate subdivision.

OFFICER RECOMMENDATION TO BE DEBATED AND RESOLVED BY COUNCIL
―That Council:
  1. recommend to the Geographic Names Committee that the following additional road name in
     the Payne Street Estate be endorsed as O‘Neil Close; and
  2. endorse the location of the road names as per the attached approved subdivision plan dated
     24 April 2007.‖

070408
Councillor Motion
Moved Cr Tomlinson / Seconded Cr Mackie
 “That Council:
   1. recommend to the Geographic Names Committee that the following additional road
       name in the Payne Street Estate be endorsed as Fraser Street; and
   2. endorse the location of the road names as per the attached approved subdivision
       plan dated 24 April 2007.”
                                                                        CARRIED [ 7 – 0 ]




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6.3.4           Proposed Subdivision – Lot 7 Reserve Road, Muchea (10.9.4 WAPC 137128)

REPORT DATE:                                       5 April 2008
LOCATION ADDRESS:                                  Lot 7 Reserve Road, Muchea
APPLICANT                                          CP Young & JL Young
AUTHOR                                             Azhar      Awang,     Executive     Manager
                                                   Development Services
SENIOR OFFICER                                     John Merrick, Chief Executive Officer
DISCLOSURE OF INTEREST                             Nil
APPENDICES                                         1. Locality Plan
                                                   2. Subdivision Plan
DOCUMENTS TABLED                                   Nil

Summary:
Council‟s consideration is required in regard to the proposed Subdivision Plan at Lot 7 Reserve
Road, Muchea to allow for the creation of two (2) super lots.

Background:
Council has received a Subdivision Application from Western Australian Planning Commission
(WAPC) as part of the referral process for subdivision from Taylor Burrell Barnett Planning
Consultants on behalf of the land owners for the proposed subdivision of Lot 7 Reserve Road,
Muchea.

The proposal is to subdivide the existing property into 2 super lots with lot sizes between 40 and
58.5 hectares. Lot 7 has a total area of approximately 98.5 hectares.

The application has also been referred to the Department of Environment and Conservation,
Department of Industry and Resources, Western Power, Water Corporation and the Local
Government Authority. The Commission has 90 days to assess the application and Council has 42
days to make comments to the Commission.

The applicant has also submitted a Development Plan for the subdivision of both lots which will be
considered at the next Council meeting. The proposed subdivision will not have an impact on the
overall subdivision of both lots.

Consultation:
N/A.

Statutory Environment:
State: Planning and Development Act 2005

Local: Shire of Chittering Town Planning Scheme No. 6
Clause 5.8.1 of Town Planning Scheme No. 6 requires that:

―Subdivision shall be generally in accordance with a Development Plan or any subsequent
variation approved by the Council‖.

The Development Plan for both lots will be tabled at the next Council meeting.

The Subject land is zoned "Rural Residential". The objectives of this zoned land are:
To designate areas where rural residential developments can be accommodated without detriment
to the environment or the rural character of the area.
To meet the demand for a rural lifestyle on small lots, generally in excess of 5,000m².
To maintain and enhance the rural character and amenity of the locality.

Ordinary Council Meeting Minutes – 16 April 2008                                               52
Policy Implications:
Nil

Financial Implications:
Nil

Strategic Implications:
Shire of Chittering Local Planning Strategy 2001-2015

The strategies and actions for Rural Residential are:
       To contain the spread of rural residential development and contain it within specific areas
       which do not detract from the overall rural character of the Shire, and which do not result in
       the loss of productive land or impact on the natural environment;
       To stage development in a cohesive manner in predetermined locations best fitting the
       landform and environmental constraints;
       To require the provision of adequate services including a cohesive road pattern and the
       provision of scheme water supply to sustain those rural residential communities;
       To provide a focus for the rural residential communities for essential and community
       cohesion and provision of human services;
       To limit the rezoning of land for rural residential to specified locations in the southern part of
       the Shire and around Bindoon, in a staged manner and as associated with provision of
       essential services;
       To provide for a range of lot sizes in the rural residential areas, appropriate to the level of
       services and landform constraints and opportunities, to satisfy the various requirements of
       the residents;

Voting Requirement:
Absolute Majority Required: No

Site Inspection:
Site inspection undertaken: Yes

Triple Bottom Line Assessment:
Economic Implications:
Further Subdivision of the property will generate building activity and new residents will contribute
to the local economy.

Social Implications:
New residents will contribute to the local Community. The ability for the developer to provide
reticulated water to the area.

Environmental Implications:
The proposed subdivision will not have an environmental implication.

Comment:
The subject land is zoned “Rural Residential”.

The proposal is to create 2 super lots which satisfy the minimum lot size of 2 hectares per lot. The
proposal is to subdivide these two lots in stages which will also include the provision of reticulated
water as part of an extension to Lot 2 Reserve Road which has been approved by Council and the
Western Australian Planning Commission.

As this is for the subdivision of 2 super lots and that the applicant has submitted a development
plan for the overall area, it is recommended that the proposed subdivision be supported.

Ordinary Council Meeting Minutes – 16 April 2008                                                     53
OFFICER RECOMENDATION TO BE DEBATED AND RESOLVED BY COUNCIL
―That Council advises the Western Australian Planning Commission of Council‘s support for the
proposed subdivision (WAPC 137128) for the creation of 2 super lots at Lot 7 Reserve Road,
Muchea subject to the following conditions:
   1. Further creation of additional lots will require a Development Plan for Council‘s
       consideration;
   2. Sealed roads of the subdivision being connected to a sealed road of the locality,
       constructed and drained at the subdivider‘s expense;
   3. Provision of a 40m wide as the major strategic road linkage, in accordance with Local
       Planning Policy No. 16 Roads and Drainage;
   4. All internal road shall be 30m wide in accordance with Local Planning Policy No 16 Roads
       and Drainage;
   5. The land being filled and/or drained at the subdivider‘s cost to the satisfaction of the
       Western Australian Planning Commission;
   6. Provision and implementation of a Fire Management Plan in accordance with Council‘s
       Local Planning Policy No 21 – Fire Management Plan;
   7. Strategic firebreaks being reserved as public purposes and constructed to the satisfaction
       of the Western Australian Planning Commission;
   8. Such easements and/or reserves necessary for drainage and fire fighting purposes being
       granted free of cost to the Local Government;
   9. Suitable arrangements being made with the Local Government for the provision of
       vehicular crossover(s) to service the lot(s) shown on the approved plan of subdivision;
   10. Rural renumbering for all new lots at a cost to the proponent of $27.50 per new lot
       created;
   11. A section 70A notification on all Certificates of Title as follows:
     ―Purchasers of this title are advised of the existence of the Development and Fire
     Management Plans.‖‖

080408
Moved Cr Johnston / Seconded Cr Mackie
“That Council advises the Western Australian Planning Commission of Council‟s support
for the proposed subdivision (WAPC 137128) for the creation of 2 super lots at Lot 7
Reserve Road, Muchea subject to the following conditions:
 1. Further creation of additional lots will require a Development Plan for Council‟s
     consideration;
 2. Sealed roads of the subdivision being connected to a sealed road of the locality,
     constructed and drained at the subdivider‟s expense;
 3. Provision of a 40m wide as the major strategic road linkage, in accordance with Local
     Planning Policy No. 16 Roads and Drainage;
 4. All internal road shall be 30m wide in accordance with Local Planning Policy No 16
     Roads and Drainage;
 5. The land being filled and/or drained at the subdivider‟s cost to the satisfaction of the
     Western Australian Planning Commission;
 6. Provision and implementation of a Fire Management Plan in accordance with
     Council‟s Local Planning Policy No 21 – Fire Management Plan;
 7. Strategic firebreaks being reserved as public purposes and constructed to the
     satisfaction of the Western Australian Planning Commission;
 8. Such easements and/or reserves necessary for drainage and fire fighting purposes
     being granted free of cost to the Local Government;
 9. Suitable arrangements being made with the Local Government for the provision of
     vehicular crossover(s) to service the lot(s) shown on the approved plan of
     subdivision;
 10. Rural renumbering for all new lots at a cost to the proponent of $27.50 per new lot
     created;
Ordinary Council Meeting Minutes – 16 April 2008                                              54
11. A section 70A notification on all Certificates of Title as follows:
    “Purchasers of this title are advised of the existence of the Development and Fire
    Management Plans.””
                                                                        CARRIED [ 7 – 0 ]




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6.3.5         Proposed Shed at Lot 49 (RN 25) Bagley Street, Muchea (10.9.10 90/08)

REPORT DATE:                                       3 April 2008
LOCATION ADDRESS:                                  Lot 49 (RN 25) Bagley Street, Muchea
APPLICANT                                          Outdoor World on behalf of K & R Macey
AUTHOR                                             Adam Majid, Planning Assistant
SENIOR OFFICER                                     Azhar      Awang,      Executive   Manager
                                                   Development Services
DISCLOSURE OF INTEREST                             Nil
APPENDICES                                         1. Locality Plan
                                                   2. Site Plan
                                                   3. Engineering Details
DOCUMENTS TABLED                                   Nil

Summary:
Council‟s consideration is required for a proposed shed at lot 49 Bagley Street, Muchea.

Background:
Council has received an application from Outdoor World on behalf of the property owners K & R
Macey for a shed with a total floor area of 115.5m². The property falls within the Muchea Townsite
zone and additionally has an R-Coding of R2.5.

The application requires Council approval as it does not conform to the Residential Design Codes
with regard to allowable area in square metres for outbuildings.

Consultation:
N/A

Statutory Environment:
State: Planning and Development Act 2005

Statement of Planning Policy 3.1: Residential Design Codes (R-Codes)
The zoning of the lot under the Residential Design Codes is R2.5.

3.10.1 Outbuildings
A1 Outbuildings that:
   III. Do not exceed 60m² in area or 10 per cent in aggregate of the site area, whichever is
        lesser.

Table 1: General Site Requirements
Under this table of the R-Codes, it states for all land zoned R2.5 that the minimum setbacks are:
Primary Street : 15 metres
Secondary Street: 7.5 metres
Other/rear: 7.5 metres

Local: Shire of Chittering Town Planning Scheme No. 6

The Zoning of the land is „Townsite‟
The objectives of Townsite Zoned land are:

To provide for a range of compatible uses within the Bindoon and Muchea townsites to provide for
a high range of services, residential types, community and recreational facilities in a village with
rural character;

To prohibit land uses which may adversely effect the living and visual amenity of the location;
Ordinary Council Meeting Minutes – 16 April 2008                                                    58
To provide for the protection of the natural environment;

To protect or enhance any local reserves.

Policy Implications:
Nil

Financial Implications:
Nil

Strategic Implications:
Nil

Voting Requirement:
Absolute Majority Required: No

Site Inspection:
Site inspection undertaken: Yes

Triple Bottom Line Assessment:
Economic Implications:
There are no perceived economic implications, which would result from approval of this application.

Social Implications:
There are no perceived social implications, which would result from approval of this application.

Environmental Implications:
There are no perceived environmental implications, which would result from approval of this
application.

Comment:
Although R-Codes have been applied to some parts of the Muchea Townsite zone, the minimum
stipulated lots size for such an R-Coding is 4,000m²; of which Lot 49 Bagley Street is a part of and
this minimum area is still conducive to allowing for a shed greater than 60m². Additionally, the
Chittering area is still classified as a rural Shire and every effort should be made to allow for a
range of compatible uses, as stated in the objectives for Townsite zones. Such compatible uses
include the ability of being able to satisfactorily cater for a shed greater than 60m² in an area given
an R-Coding.

The proposed shed complies with the required setback requirements as determined by the R-
Codes.

It is recommended that this shed be approved subject to conditions.




Ordinary Council Meeting Minutes – 16 April 2008                                                    59
OFFICER RECOMMENDATION TO BE DEBATED AND RESOLVED BY COUNCIL
―That Planning Approval is granted for the proposed shed at Lot 49 (RN 25) Bagley Street,
Muchea, subject to the following conditions:
  1. The shed is not to be used for commercial purposes;
  2. The proposed shed is for storage purposes only and not for residential habitation;
  3. Building materials shall be non-reflective.

Advice Note
 1. This approval does not constitute a building licence;
 2. If the development the subject of this approval is not substantially commenced within a
    period of 2 years, or such other period as specified in the approval after the date of the
    determination, the approval shall lapse and be of no further effect;
 3. Where an approval has so lapsed, no development shall be carried out without the further
    approval of the local government having first been sought and obtained.
 4. The Applicant has a right of appeal to the State Administrative Tribunal should the applicant
    be aggrieved by Council‘s decision. Such an appeal should be lodged to the State
    Administrative Tribunal Office within twenty-eight (28) days of Council‘s decision.‖


090408
Moved Cr Tomlinson / Seconded Cr Douglas
“That Planning Approval is granted for the proposed shed at Lot 49 (RN 25) Bagley Street,
Muchea, subject to the following conditions:
   1. The shed is not to be used for commercial purposes;
   2. The proposed shed is for storage purposes only and not for residential habitation;
   3. Building materials shall be non-reflective.

Advice Note
   1. This approval does not constitute a building licence;
   2. If the development the subject of this approval is not substantially commenced
      within a period of 2 years, or such other period as specified in the approval after the
      date of the determination, the approval shall lapse and be of no further effect;
   3. Where an approval has so lapsed, no development shall be carried out without the
      further approval of the local government having first been sought and obtained.
   4. The Applicant has a right of appeal to the State Administrative Tribunal should the
      applicant be aggrieved by Council‟s decision. Such an appeal should be lodged to
      the State Administrative Tribunal Office within twenty-eight (28) days of Council‟s
      decision.”
                                                                           CARRIED [ 7 – 0 ]




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6.3.6           Proposed Farmstay Accommodation, Lot 33 (RN 221) Chittering Valley
                Road, Chittering (10.9.10 56/08)

REPORT DATE:                                       3 April 2008
LOCATION ADDRESS:                                  Lot 33 (RN 221) Chittering Valley Road,
                                                   Chittering
APPLICANT                                          d4 Designs on behalf of M & K Meinck
AUTHOR                                             Adam Majid, Planning Assistant
SENIOR OFFICER                                     Azhar      Awang,      Executive   Manager
                                                   Development Services
DISCLOSURE OF INTEREST                             Nil
APPENDICES                                         1. Locality Plan
                                                   2. Letter of Application
                                                   3. Site Plan
                                                   4. Carriage Details
DOCUMENTS TABLED                                   Nil

Summary:
Council‟s consideration is required for an application received from d4 Designs, on behalf of the
owners M & K Meinck of Lot 33 Chittering Valley Road, for the purposes of proposed Farmstay
Accommodation.

Background:
Council has received an application from d4 Designs proposing to convert and renovate two (2) rail
carriages into additional Farmstay Accommodation as an addition to the existing meditation retreat.
The retreat is fully equipped with consult rooms for meditation, and has a full supply of personal
amenities including toilets and showers.

The proposal is to divide the carriages into individual rooms. Carriage number one is to have five
(5) individual rooms, and carriage number two is to have 4 individual rooms. Both carriages will
have new doors and windows, internal cladding and finishes, electrical supply and smoke detectors
added to them. There is no mention of plumbing facilities, in particular toilets.

Consultation:
Nil

Statutory Environment:
State: Planning and Development Act 2005

Local: Shire of Chittering Town Planning Scheme No 6.

The zoning of the land is “Agricultural Resource”. The objectives of the zone are:

4.2.3.1 Objectives:
To preserve productive land suitable for grazing, cropping and intensive horticulture and other
compatible productive rural uses in a sustainable manner;
To protect the landform and landscape values of the district against despoliation and land
degradation;
To encourage intensive agriculture and associated tourist facilities, where appropriate;
To allow for the extraction of basic raw materials where it is environmentally and socially
acceptable.

The proposed land use definition is defined in the scheme as being:

―Farmstay       is development designed for short term detached tourism accommodation units,
Ordinary Council Meeting Minutes – 16 April 2008                                                64
               which may be fully self contained or not, and which are generally of single storey or
               split level construction and have a character not dissimilar to farm dwellings or
               cabins and may be limited to 6 per lot.‖

This particular use is a “D” use under the scheme which means:

―the use is not permitted unless the Local Government has exercised its discretion by granting
Planning Approval.‖

Policy Implications:
Local Planning Policy Number 4 – Rural Tourist Accommodation

4. OBJECTIVES

    The objectives of this policy are:

    To facilitate a range of accommodation in rural areas that showcases and complements the
    attributes of the Shire.

    To provide for tourist accommodation in the rural areas of the Shire in a manner that does not
    conflict with existing or potential agricultural, pastoral, horticultural, viticultural or rural
    residential pursuits.

    To acknowledge tourism as an appropriate source of employment and income, to contribute to
    the prosperity of the Shire.

5. POLICY STATEMENT

        5.1    Application Requirements
               Further to the standard application requirements specified in Part 9 of TPS No. 6, an
               applicant for rural tourist accommodation is to provide the following additional
               information:
        a)     distances and sightlines to adjoining dwellings;
        b)     relevant details on any adjoining farm or other activities;
        c)     views;
        d)     location of services;
        e)     a 3 dimensional drawing of the proposed buildings to be constructed;
        f)     any licence or approval required by any statutory agency.

        5.2    Advertising of Application
        a)     All applications for rural tourist accommodation are to be advertised in accord with
               Section 9.4 of TPS No. 6;
        b)     Council is to seek the views of relevant Government agencies, as appropriate;
        c)     Any application for a proposal abutting a highway reserve is to be referred to Main
               Roads Western Australia.

       5.3     Preferred Development
       Council prefers development that:
       a) provides some on-site activity or feature of interest to tourists;
       b) is low profile, both physically and in setting, and is designed to be in harmony with
           existing buildings and character;
       c) provides an eco-tourism or agro-tourism experience;
       d) is not situated in a visually significant location, such as on a ridge or along an
           unscreened section of regional or tourist road;
       e) does not involve major disturbance of remnant bushland or natural areas
Ordinary Council Meeting Minutes – 16 April 2008                                                  65
       5.4     General Requirements
       a) In the Agricultural Resource Zone the minimum lot size for rural tourist accommodation
           is 20ha and the maximum density is one suite for each two hectares, in addition to
           caretaker accommodation;
       b) In Rural Residential Zones the minimum lot size for rural tourist accommodation is 2ha
           and the maximum density is one suite per hectare, in addition to caretaker
           accommodation.

        5.5     Setbacks
        Rural tourist accommodation is to comply with building setbacks specified in the Scheme
        and Local Planning Policy No. 18.

        5.6    Subdivision
        Subdivision applications arising from the establishment of rural tourist accommodation will
        not be supported by Council.

Financial Implications:
Nil

Strategic Implications:
Nil

Voting Requirement:
Absolute Majority Required: No

Site Inspection:
Site inspection undertaken: Yes

Triple Bottom Line Assessment:
Economic Implications:
There are no perceived economic implications, which would result from approval of this application.

Social Implications:
There are no perceived social implications, which would result from approval of this application.

Environmental Implications:
There are no perceived environmental implications, which would result from approval of this
application.

Comment:
Lot 33 is currently in use as a Meditation Retreat and an addition such as Farmstay
Accommodation would be a beneficial addition to the retreat. The proposal generally complies with
the Local Planning Policy Number 4 with regard to lot size, setbacks and preferred development.
The policy outlines that advertisement should be sought, however, the scheme labels the use as a
„D‟ use therefore it is recommended that the advertising be waived.

The proposal is recycling old rail carriages which would provide character in itself; furthermore, the
aesthetic impact of such a proposal on the property is very minimal.

The main concern for the proposal is the lack of services provided to the proposed carriages, in
particular the provision of toilets. Such an issue can be addressed with planning conditions.

It is recommended that council support the application.

Ordinary Council Meeting Minutes – 16 April 2008                                                    66
OFFICER RECOMMENDATION TO BE DEBATED AND RESOLVED BY COUNCIL
―That Council grants Planning Approval for the proposed Farmstay Accommodation at Lot 33 (RN
221) Chittering Valley Road, Chittering subject to the following conditions:
  1. All buildings and structures shall be within the setback requirements;
  2. Provision of direct toilet facilities to each individual proposed carriage to the satisfaction of
     Councils Environmental Health Officer;
  3. Accommodation is limited to those attending to the existing meditation retreat facility;
  4. Satisfactory arrangements for the provision of on site parking in accordance with Shire of
     Chittering Local Planning Policy Number 13 – Car parking.

Advice Notes:
 1. This approval does not constitute a building licence;
 2. If the development the subject of this approval is not substantially commenced within a
    period of 2 years, or such other period as specified in the approval after the date of the
    determination, the approval shall lapse and be of no further effect;
 3. Where an approval has so lapsed, no development shall be carried out without the further
    approval of the local government having first been sought and obtained.
 4. The Applicant has a right of appeal to the State Administrative Tribunal should the applicant
    be aggrieved by Council‘s decision. Such an appeal should be lodged to the State
    Administrative Tribunal Office within twenty-eight (28) days of Council‘s decision.‖

100408
Moved Cr Douglas / Seconded Cr Johnston
“That Council grants Planning Approval for the proposed Farmstay Accommodation at
Lot 33 (RN 221) Chittering Valley Road, Chittering subject to the following conditions:
 1. All buildings and structures shall be within the setback requirements;
 2. Provision of direct toilet facilities to each individual proposed carriage to the
    satisfaction of Councils Environmental Health Officer;
 3. Accommodation is limited to those attending to the existing meditation retreat facility;
 4. Satisfactory arrangements for the provision of on site parking in accordance with
    Shire of Chittering Local Planning Policy Number 13 – Car parking.

Advice Notes:
 1. This approval does not constitute a building licence;
 2. If the development the subject of this approval is not substantially commenced within
    a period of 2 years, or such other period as specified in the approval after the date of
    the determination, the approval shall lapse and be of no further effect;
 3. Where an approval has so lapsed, no development shall be carried out without the
    further approval of the local government having first been sought and obtained.
 4. The Applicant has a right of appeal to the State Administrative Tribunal should the
    applicant be aggrieved by Council‟s decision. Such an appeal should be lodged to the
    State Administrative Tribunal Office within twenty-eight (28) days of Council‟s
    decision.”
                                                                           CARRIED [ 7 – 0 ]




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Appendix 1




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Appendix 2




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Appendix 3




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Appendix 4




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Ordinary Council Meeting Minutes – 16 April 2008   72
6.3.7          Proposed Transport Depot, Part Lot 23 Muchea East Road, Muchea
               (10.9.10 65/08)

REPORT DATE:                                       3 April 2008
LOCATION ADDRESS:                                  Part Lot 23 Muchea East Road, Muchea
APPLICANT                                          Crossley Contracting
AUTHOR                                             Adam Majid, Planning Assistant
SENIOR OFFICER                                     Azhar      Awang,      Executive  Manager
                                                   Development Services
DISCLOSURE OF INTEREST                             Nil
APPENDICES                                         1. Locality Plan
                                                   2. Letter of Application
                                                   3. Site Plan
DOCUMENTS TABLED                                   Nil

Summary:
Council‟s consideration is required for a proposed Transport Depot and associated shed at Part
Lot 23 Muchea East Road, Muchea.

Background:
Council has received an application from Crossley Contracting requesting to operate a Transport
Depot from their lot on Muchea East Road; the application also includes the construction of a shed
to be used as part of the Transport Depot.

Currently the site is used for the cultivation of grapes used in the production of wine by the Nesci
family. It is proposed that the majority of the vines would be maintained for the use as a buffer
between the transport depot and surrounding neighbours.

The proposal is to accommodate four (4) prime movers currently operated by Crossley Contractors
for the transport of grain, fertilizers and mineral sands between Kwinana and rural areas up to and
including the Moora region. As mentioned, the application also includes a proposed shed which
once completed, would be used for the storage of equipment associated with the transport depot,
and the maintenance of vehicles. The size of the proposed shed 40 metres by 20 metres giving a
total area of 800m², the height is six (6) metres.

The applicant has stated that the general hours of expected movement of vehicles (if any) from site
would be between the hours of six (6) am through to eight (8) pm.

Consultation:
As part of the advertising process required under Town Planning Scheme number 6 clause 9.4, a
letter was sent to all adjoining land owners requesting feedback regarding the proposal.

Only one response was received which was in support of the proposal.

Statutory Environment:
State: Planning and Development Act 2005

Local: Shire of Chittering Town Planning Scheme No 6.

The zoning of the land is “Agricultural Resource”. The objectives of the zone are:

4.2.3.1 Objectives:
To preserve productive land suitable for grazing, cropping and intensive horticulture and other
compatible productive rural uses in a sustainable manner;
To protect the landform and landscape values of the district against despoliation and land
Ordinary Council Meeting Minutes – 16 April 2008                                                 73
degradation;
To encourage intensive agriculture and associated tourist facilities, where appropriate;
To allow for the extraction of basic raw materials where it is environmentally and socially
acceptable.

The proposed land use definition is defined in the scheme as being:

Transport Depot     means premises used for the garaging of two (2) or more motor vehicles, used
                    or intended to be used for carrying of goods or persons for hire or reward, or for
                    the transfer of goods or persons, and includes maintenance and repair of the
                    vehicles, used but not for other vehicles.

This particular use is an “A” use under the scheme which means:
that the use is not permitted unless the Local Government has exercised its discretion by granting
Planning Approval after giving special notice in accordance with clause 9.4.

Policy Implications:
Nil

Financial Implications:
Nil

Strategic Implications:
The proposal falls under the proposed Employment Node as identified in the Shire of Chittering
Local Planning Strategy. Such a use would be complimentary to the proposed Node.

Voting Requirement:
Absolute Majority Required: No

Site Inspection:
Site inspection undertaken: Yes

Triple Bottom Line Assessment:
Economic Implications:
There are no perceived economic implications which would result from approval of this application.

Social Implications:
Given the type of proposal, there may be on going complaints about noise from the residents
located on the southern side of Muchea East Road. It is suggested that this be monitored and any
complaints received as a result of the approval of the application be acted upon directly with the
applicant.

Environmental Implications:
There are no perceived environmental implications which would result from approval of this
application.

Comment:
Part Lot 23 is in an ideal situation to support such a proposal given that it is located within the
proposed Employment Node as depicted in the Local Planning Strategy. Coupled with this is the
fact that Muchea East Road is subject to an intense upgrade as part of the WAMIA sale yards,
such an upgrade would be conducive to supporting the size of trucks currently used by Crossley
Contractors.

The proposal has shown that it conforms to the objectives of both the zoning of the land and the
use definition as prescribed under Town Planning Scheme number 6. Furthermore, the proposed
Ordinary Council Meeting Minutes – 16 April 2008                                                   74
site plan shows that the proposed shed conforms to all council regulations with regards to setbacks
from boundaries.

The hours of operation of operation may cause some concern to the land owners and residents on
the south side of Muchea East Road. Retrospectively, this will only be exacerbated when the Sale
Yards begin operation.

Given the complimentary nature of the proposal to the strategic employment node, and the
proposed upgrade of Muchea East Road, it is recommended that the proposal be given full
support.

OFFICER RECOMMENDATION TO BE DEBATED AND RESOLVED BY COUNCIL
―That Council grants Planning Approval for the proposed Transport Depot and Shed at Part Lot 23
Muchea East Road, Muchea, subject to the following conditions:
  1. There is to be no more than four (4) prime movers on site at any one time;
  2. Turn around and Hard Stand areas to be adequately sealed to minimise the impact of dust
      on surrounding properties;
  3. The provision of oil traps and sufficient bunding of servicing areas within the shed, as well as
      the provision of wash down facilities, to minimise the impact of any spills resulting from the
      on-site servicing of vehicles and equipment;
  4. Provision of satisfactory screening along the property boundaries to act as a buffer between
      the proposed Transport Depot and surrounding properties;
  5. The proposed shed is for storage and servicing and is not to be used for residential
      habitation;
  6. Roofing of the proposed shed is to be non-reflective in accordance with the Special Control
      Area known as ‗Military Considerations‘;
  7. Storage of any products being transported is not permitted anywhere on site;
  8. Any further developments on site shall be the subject of subsequent planning
      applications/approvals;
  9. The hours of operation shall be limited to 0700 hours and 1600 hours, six days a week
      excluding Sundays; and
  10. The development shall comply with the Noise Regulations 1997.

Advice Notes:
 1. This approval does not constitute a building licence.
 2. If the development the subject of this approval is not substantially commenced within a
     period of 2 years, or such other period as specified in the approval after the date of the
     determination, the approval shall lapse and be of no further effect.
 3. Where an approval has so lapsed, no development shall be carried out without the further
     approval of the local government having first been sought and obtained.
 4. The Applicant has a right of appeal to the State Administrative Tribunal should the applicant
     be aggrieved by Council‘s decision. Such an appeal should be lodged to the State
     Administrative Tribunal Office within twenty-eight (28) days of Council‘s decision.‖

Amendment
110408
Moved Cr Johnston / Seconded Cr Hawes
Cr Johnston Seconder Cr Hawes
“That Council amend condition 9 to read;
9. The hours of operation shall be limited to 0600 hours and 2000 hours, six days a week
   excluding Sundays; and”
                                                                       CARRIED [ 7 – 0 ]

The Presiding Member then put the amended motion

Ordinary Council Meeting Minutes – 16 April 2008                                                   75
120408
Moved Cr Tomlinson / Seconded Cr Douglas
“That Council grants Planning Approval for the proposed Transport Depot and Shed at
Part Lot 23 Muchea East Road, Muchea, subject to the following conditions:
 1. There is to be no more than four (4) prime movers on site at any one time;
 2. Turn around and Hard Stand areas to be adequately sealed to minimise the impact of
     dust on surrounding properties;
 3. The provision of oil traps and sufficient bunding of servicing areas within the shed,
     as well as the provision of wash down facilities, to minimise the impact of any spills
     resulting from the on-site servicing of vehicles and equipment;
 4. Provision of satisfactory screening along the property boundaries to act as a buffer
     between the proposed Transport Depot and surrounding properties;
 5. The proposed shed is for storage and servicing and is not to be used for residential
     habitation;
 6. Roofing of the proposed shed is to be non-reflective in accordance with the Special
     Control Area known as „Military Considerations‟;
 7. Storage of any products being transported is not permitted anywhere on site;
 8. Any further developments on site shall be the subject of subsequent planning
     applications/approvals;
 9. The hours of operation shall be limited to 0600 hours and 2000 hours, six days a week
     excluding Sundays; and
 10. The development shall comply with the Noise Regulations 1997.

Advice Notes:
 1. This approval does not constitute a building licence.
 2. If the development the subject of this approval is not substantially commenced within
    a period of 2 years, or such other period as specified in the approval after the date of
    the determination, the approval shall lapse and be of no further effect.
 3. Where an approval has so lapsed, no development shall be carried out without the
    further approval of the local government having first been sought and obtained.
 4. The Applicant has a right of appeal to the State Administrative Tribunal should the
    applicant be aggrieved by Council‟s decision. Such an appeal should be lodged to
    the State Administrative Tribunal Office within twenty-eight (28) days of Council‟s
    decision.”
                                                                          CARRIED [ 7 – 0 ]




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Appendix 1




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Appendix 2




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Appendix 3




Ordinary Council Meeting Minutes – 16 April 2008   79
6.3.8          Proposed Shed and R-Code Variation at Lot 218 (RN 10) Popple Place,
               Muchea (10.9.10 46/08)

REPORT DATE:                                       3 April 2008
LOCATION ADDRESS:                                  Lot 218 (RN 10) Popple Place, Muchea
APPLICANT                                          Mr Troy Foot
AUTHOR                                             Adam Majid, Planning Assistant
SENIOR OFFICER                                     Azhar      Awang,    Executive     Manager
                                                   Development Services
DISCLOSURE OF INTEREST                             Nil
APPENDICES                                         1. Locality Plan
                                                   2. Site Plan
DOCUMENTS TABLED                                   Nil

Summary:
An application for an „R-Code‟ variation has been received for a reduced setback to a proposed
shed at Lot 218 (RN 10) Popple Place, Muchea.

Background:
Council has received an application for a proposed shed at the above mentioned property. The
application also proposes a variation to the setback requirements, that variation being 1.2 metres
from the boundary, as prescribed by the Residential Design Codes (R-Codes). In addition to the
variation of setback, the shed also contravenes the R-Codes by being greater than 60m², namely a
total area of 98m².

The proposed location of the shed is as a direct result of the siting of the existing dwelling in the
middle of the property, furthermore the smaller nature of the block (4,000m²) also makes it more
difficult when proposing to develop on such blocks.

The applicant also made clear (verbally) that the neighbouring property has a varied setback for a
shed, the setback achieved on this neighbouring property is three (3) metres.

Consultation:
Section 2.5.1 of the R-Codes requires neighbour consultation where the exercise of discretion by
Council for an R-Code variation is required.

Section 2.5.2 of the R-Codes outlines that consultation can be done by the applicant, or the
Council.
Consultation with the adjoining land owner was carried out by council staff, there was no response.

Statutory Environment:
State: Planning and Development Act 2005

Statement of Planning Policy 3.1: Residential Design Codes (R-Codes)
The zoning of the lot under the Residential Design Codes is R2.5.

3.10.1 Outbuildings
A1 Outbuildings that:
   IV. Do not exceed 60m² in area or 10 per cent in aggregate of the site area, whichever is
       lesser.

Table 1: General Site Requirements
Under this table of the R-Codes, it states for all land zoned R2.5 that the minimum setbacks are:
Primary Street : 15 metres
Secondary Street: 7.5 metres
Ordinary Council Meeting Minutes – 16 April 2008                                                    80
Other/rear: 7.5 metres

Local: Shire of Chittering Town Planning Scheme No. 6

The Zoning of the land is „Townsite‟
The objectives of Townsite Zoned land are:

To provide for a range of compatible uses within the Bindoon and Muchea townsites to provide for
a high range of services, residential types, community and recreational facilities in a village with
rural character;

To prohibit land uses which may adversely effect the living and visual amenity of the location;

To provide for the protection of the natural environment;

To protect or enhance any local reserves.

Policy Implications:


Financial Implications:
Nil

Strategic Implications:
Nil

Voting Requirement:
Absolute Majority Required: No

Site Inspection:
Site inspection undertaken: Yes

Triple Bottom Line Assessment:
Economic Implications:
There are no perceived economic implications, which would result from approval of this application.

Social Implications:
There are no perceived social implications, which would result from approval of this application.

Environmental Implications:
There are no perceived environmental implications, which would result from approval of this
application.

Comment:
Although R-Codes have been applied to some parts of the Muchea Townsite zone, the minimum
stipulated lots size for such an R-Coding is 4,000m²; of which Lot 218 Popple Place is a part of and
this minimum area is still conducive to allowing for a shed greater than 60m². Additionally, the
Chittering area is still classified as a rural Shire and every effort should be made to allow for a
range of compatible uses, as stated in the objectives for Townsite zones. Such compatible uses
include the ability of being able to satisfactorily cater for a shed greater than 60m² in an area given
an R-Coding.

With regard to the setback variation, it is duly noted that the existing dwelling location makes it
difficult to adequately place proposed/future developments on the lot in a way that the lot can be
used to its full potential. Also, with reference to the existing variation on the neighbouring property,
Ordinary Council Meeting Minutes – 16 April 2008                                                    81
it is understandable that the application for variation has been made.
The proposed 1.2 metre setback is of concern when relating it to the neighbouring property which
was consulted with and no reply received, and also with regard to fire management. In light of the
existing variation on the neighbouring property, every effort should be made so that there is
consistency with council decisions. It is therefore recommended that council will support a variation
of no less than three (3) metres, thereby achieving consistency.

OFFICER RECOMMENDATION TO BE DEBATED AND RESOLVED BY COUNCIL
―That Planning Approval is granted for the proposed shed and R-Code variation at Lot 218 (RN
10) Popple Place, Muchea, subject to the following conditions:
  1. The proposed shed is not to be used for commercial purposes;
  2. The proposed shed is for storage purposes only and not for residential habitation;
  3. Building materials shall be non-reflective;
  4. The proposed shed is to be setback no less than three (3) metres from the boundary.
Advice Note
  1. This approval does not constitute a building licence.
  2. If the development the subject of this approval is not substantially commenced within a
     period of 2 years, or such other period as specified in the approval after the date of the
     determination, the approval shall lapse and be of no further effect.
  3. Where an approval has so lapsed, no development shall be carried out without the further
     approval of the local government having first been sought and obtained.
  4. The Applicant has a right of appeal to the State Administrative Tribunal should the applicant
     be aggrieved by Council‘s decision. Such an appeal should be lodged to the State
     Administrative Tribunal Office within twenty-eight (28) days of Council‘s decision.‖

Amendment
130408
Moved Cr Tomlinson / Seconded Cr Mackie
“That condition 5 be added;
5.     That the development not infringe on any drainage line that may exist.”

                                                                                CARRIED [ 7 – 0 ]
The Presiding Member then put the amended motion

140408
Moved Cr Douglas / Seconded Cr Vallance
 “That Planning Approval is granted for the proposed shed and R-Code variation at Lot 218
(RN 10) Popple Place, Muchea, subject to the following conditions:
  1. The proposed shed is not to be used for commercial purposes;
  2. The proposed shed is for storage purposes only and not for residential habitation;
  3. Building materials shall be non-reflective;
  4. The proposed shed is to be setback no less than three (3) metres from the boundary.
  5. That the development not infringe on any drainage line that may exist.
Advice Note
  1. This approval does not constitute a building licence.
  2. If the development the subject of this approval is not substantially commenced within
     a period of 2 years, or such other period as specified in the approval after the date of
     the determination, the approval shall lapse and be of no further effect.
  3. Where an approval has so lapsed, no development shall be carried out without the
     further approval of the local government having first been sought and obtained.
  4. The Applicant has a right of appeal to the State Administrative Tribunal should the
     applicant be aggrieved by Council‟s decision. Such an appeal should be lodged to the
     State Administrative Tribunal Office within twenty-eight (28) days of Council‟s
     decision.”
                                                                            CARRIED [ 7 – 0 ]
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Appendix 1




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Appendix 2




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6.3.9          Proposed Closure of a Laneway between Archibald and Porter Streets
               (12.3.2)

REPORT DATE:                                       02 April 2008
LOCATION ADDRESS:                                  Archibald and Porter Streets
APPLICANT                                          Ann & Alec Evans
AUTHOR                                             Keith Burgemeister, Senior Planning Officer
SENIOR OFFICER                                     Azhar      Awang,     Executive     Manager
                                                   Development Services
DISCLOSURE OF INTEREST                             Nil
APPENDICES                                         1. Locality Plan
                                                   2. Laneway closure report
                                                   3. LLP No. 2 Muchea Village Figure 7
DOCUMENTS TABLED                                   Nil

Summary:
Council decision to initiate the laneway (under width road or ROW) closure was made on the 19
March 2008. The current resolution lacks the necessary detail for a laneway closure to
proceed.

Background:
A request for Laneway Closure made by Ann & Alec Evans owners of Lot 30, Archibald Street was
presented to Council on 19 March 2008, whereby Council resolved as follows: -

―As there has been no objections to the proposed Laneway Closure between Archibald and Porter
Streets Muchea, Council shall forward a copy of the Closure Report to DPI for comment after
which Council shall consider a resolution to proceed with the laneway closure”.

In later discussions with Executive Manager Development Services it was suggested that if the
Department of PIanning and Infrastructure (DPI) had no comment to make then the closure could
proceed without the matter being referred back to Council. The officer from DPI explained that
road closure proposals would need to be sent via DPI‟s office in Midland. To check on these
details the Council officer was referred onto the Regional Manager Wheatbelt Region (Midland DPI
office).

The Midland DPI office recommends that on the assumption that the land is Crown land rather than
as private land, the dealing is a road closure and more accurately described as Rights of Way, the
resolution be changed to a road closure request where the resolution clearly spells out what‟s to
happen with the lots abutting the laneway hence the need for this report.

The rear laneway serves no useful purpose to the members of the community and in particular to
Ann & Alec Evans who have maintained a portion of the laneway for the past 37 years. They have
requested first option of acquiring the land adjacent to their property. The land is Crown Land and
when the lane is officially closed DPI as a representative of the Crown as owner of the land will
negotiate the disposal with the adjoining owners.

Many of the roads in Muchea are unformed. Porter and Smith Streets are no exception with
McKenzie Street a no through road ending at Porter Street. Subdivision potential is limited
throughout Muchea due to pre-existing environmental and infrastructure constraints.

The closure report has been prepared in accordance with the Western Australian Planning
Commission‟s Planning Bulletin No. 57 dealing with the closure of pedestrian access ways
although as it now transpires this was not required as this land is a dedicated road rather than a
PAW.

Ordinary Council Meeting Minutes – 16 April 2008                                                85
Consultation:
The proposal has been referred to five (5) affected land owners. The closing date for any
submissions was 28 February 2008.

Four submissions were received from Water Corporation, Alinta Gas, Western Power and Telstra
with one submission from a member of the public. A summary of the submissions are attached.

Statutory Environment:
Local: Shire of Chittering Town Planning Scheme No 6

The laneway between Archibald and Porter Streets is zoned “Townsite”. The objectives of this
zone are:

4.2.1 Townsite
4.2.1.1 Objectives:
To provide for a range of compatible uses within the Bindoon and Muchea townsites to provide for
a high range of services, residential types, community and recreational facilities in a village with a
rural character;
To prohibit land uses which may adversely effect the living and visual amenity of the location;
To provide for the protection of the natural environment;
To protect or enhance any local reserves.

The procedure for closing a road dealt with under Section 58 of the Land Administration Act 1997
states:
58.     Closure of Roads
        (1) When a local government wishes a road in its district to be closed permanently, the
            local government may, subject to subsection (3), request the Minister to close the road.
        (2) When a local government resolves to make a request under subsection (1), the local
            government must in accordance with the regulations prepare and deliver the request to
            the Minister.
        (3) A local government must not resolve to make a request under subsection (1) until a
            period of 35 days has elapsed from the publication in a newspaper circulating in its
            district of notice of motion for that resolution, and the local government has considered
            any objections made to it within that period concerning the proposals set out in that
            notice.
        (4) On receiving a request delivered to him or her under subsection (2), the Minister may, if
            he or she is satisfied that the relevant local government has complied with the
            requirements of subsections (2) and (3) —
            (a) by order grant the request;
            (b) direct the relevant local government to reconsider the request, having regard to
                 such matters as he or she thinks fit to mention in that direction; or
            (c) refuse the request.
        (5) If the Minister grants a request under subsection (4) —
            (a) the road concerned is closed on and from the day on which the relevant order is
                 registered; and
            (b) any rights suspended under section 55(3)(a) cease to be so suspended.
       (6) When a road is closed under this section, the land comprising the former road —
            (a) becomes unallocated Crown land; or
            (b) if a lease continues to subsist in that land by virtue of section 57(2), remains
                Crown land.
The Land Administration Regulations 1998 further explains the requirements of the Act as follows:

9.     Preparation and delivery by local government of request to close a road permanently

Ordinary Council Meeting Minutes – 16 April 2008                                                   86
       For the purposes of preparing and delivering under section 58(2) of the Act a request to the
       Minister to close a road permanently, a local government must include with the request —
          (a)    written confirmation that the local government has resolved to make the request,
                 details of the date when the relevant resolution was passed and any other
                 information relating to that resolution that the Minister may require;
          (b)    sketch plans showing the location of the road and the proposed future disposition
                 of the land comprising the road after it has been closed;
          (c)    copies of any submissions relating to the request that, after complying with the
                 requirement to publish the relevant notice of motion under section 58(3) of the Act,
                 the local government has received, and the local government‘s comments on
                 those submissions;
          (d)    a copy of the relevant notice of motion referred to in paragraph (c);
          (e)    any other information the local government considers relevant to the Minister‘s
                 consideration of the request; and
          (f)    written confirmation that the local government has complied with section 58(2) and
                 (3) of the Act.

Policy Implications:
Planning Bulletin No. 57 “Closure if Pedestrian Access Ways – Planning Considerations” describes
the approval process for closure of Pedestrian Access Ways (PAWS) and Closure Report format.

Under Appendix 3: Summarized Approval Process for the Closure of Pedestrian Access Ways
(PAWs) the process for closing a laneway is as follows:

   1. LG receives request to close PAW;
   2. LG agrees to initiate preparation of closure report;
   3. LG canvass views of adjoining landowners;
   4. LG considers alternatives to PAW closure;
   5. LG advertises proposed closure for public comment;
   6. LG provides closure report to public authorities for comment;
   7. LG revises closure report;
   8. LG provides amended closure report to DPI for comment;
   9. DPI provides comment to LG;
   10. LG considers resolution to proceed;
   11. LG further updates closure report;
   12. LG submits closure report to DOLA;
   13. DOLA assesses purchase arrangements;
   14. DOLA submits Form 1A to Commission to amalgamate land into adjoining lots;
   15. Commission refers appllcation to affected public authorities;
   16. Commission approves application to close PAW and advises DOLA;
   17. Commission endorses Diagram of Survey; and
   18. DOLA arranges for closure and disposal of PAW.

The lots abutting the laneway between Archibald and Porter Streets are also subject to Local
Planning Policy No.2 Muchea Village.

2.5 Health Issues

    Most domiciles in Muchea depend upon shallow bores, which are often located close to the
    septic system disposal areas, for their domestic water needs.
    The higher the density of development the more the health risks will increase. This is the
    reason that in the late 1990‘s the Shire Council and various government authorities placed an
Ordinary Council Meeting Minutes – 16 April 2008                                                   87
    embargo on subdivisions and development until such time as proper services like scheme
    water and reticulated sewerage was provided.
    This Local Planning Policy will support limited subdivision and development where adequate
    provisions are made to ensure safety for future residents from further health risk.

4.5 Precinct 3 – Central Precinct

Objective – To retain the village atmosphere of this core part of the village with the concentration of
community and recreational activities in Archibald Street.

Policies –
     To not support any additional subdivision of the land until such time as full servicing can be
     provided;
     To improve the central recreation complex by the use of Dear Street Road Reserve as
     recreational land to allow for the expansion of the sports field and car parking;
     To promote the recognition and protection of the places of heritage value as included in the
     Municipal Directory;
     To maintain the residential character of the precinct by the prohibition of incompatible land
     uses.

4.6 Precinct 4 – Conservation Area

Objective – To retain the land in its natural state as an important part of the bio system of the local
drainage system.

Policies –
     To prohibit any clearing or access to the CALM and Shire reserves excepting for fire control
     measures;
     To amalgamate the six unrequired residential sized lots into a single reserve vested in the
     Shire for conservation purposes.

Financial Implications:
Nil

Strategic Implications:
Nil

Voting Requirement:
Absolute Majority Required:
No:

Site Inspection:
Yes

Triple Bottom Line Assessment:
Economic Implications:
There are no perceived economic implications, which would result from approval of this application.

Social Implications:
There are no perceived social implications, which would result from approval of this application.

Environmental Implications:
The amalgamation of the six parcels of unallocated crown land would result in the Wetland
Reserve identified under Local Planning Policy No. 2 Muchea Village Figure 7.

Ordinary Council Meeting Minutes – 16 April 2008                                                    88
Comment:
The laneway closure was advertised in the Advocate, 24 January 2008 and public authorities
notified. Completion of steps 1-7 of the “Summarized Approval Process for the Closure of
Pedestrian Access Ways (PAWs) can be considered together to fast track what is a straight
forward laneway closure.

At present the two lots, one on either side of the laneway facing Archibald Street has a house. The
six lots behind are unallocated crown land with five under the control of Landgate and the sixth lot,
Lot 35 owned by the Shire of Chittering. Both Smith and Porter Streets including the laneway are
unformed and visible with the exception of the 3 remaining laneways in Muchea, one to the north
and other east that are fenced off and invisible to the naked eye. Two of the laneways abut
Reserves with one reserved as a School Site, the other (adjacent to Muchea South Road) a
Wetland Reserve.

Local Planning Policy No. 2 Muchea Village does not support increased density of the Central
Precinct affecting 4 lots abutting Archibald Street without full servicing. The six lots below (at
present unallocated crown land) are to be retained as wetland. The situation is unlikely to change
due to the environmental constraints that this area faces.

Access is well served by the existing street network with the former laneway (night carts lane) in
excess of the areas needs. The laneway from Porter Street is invisible and covered in wetland
vegetation up to the rear of the 2 houses abutting Archibald Street.

The Laneway Closure request by Ann & Alec Evans is therefore supported by Council.




Ordinary Council Meeting Minutes – 16 April 2008                                                  89
OFFICER RECOMMENDATION TO BE RESOLVED AND DEBATED BY COUNCIL
1 In accordance with the Administration Regulation 10 (1)(b) Council consider amending
   resolution 160308 of the Ordinary Council Meeting of 19 March 2008.
2 In accordance with the Administration Regulation 10 (1)(b) Council amends resolution number
   160308 of the Ordinary Council Meeting of 19 March 2008 as follows:

    a)   That the Council having complied with section 58 and Regulation 9 of the Land
        Administration Act 1997 requests that the Minister for Lands close the portion of
        underwidth road being between Archibald and Porter Streets, Muchea;
    b) That the portion of closed road adjoining private freehold land be amalgamated with those
        lots on a 50/50 basis with costs being borne by the adjoining owners;
    c) That the remaining portion of the ROW be amalgamated with the six unallocated Crown
        Land lots and the composite are to be reserved for ―wetland protection‖ with the Council
        accepting a Management Order under the Land Administration Act 1997 in respect of the
        reserve.‖

150408
Moved Cr Johnston / Seconded Cr Douglas
1 In accordance with the Administration Regulation 10 (1)(b) Council consider amending
    resolution 160308 of the Ordinary Council Meeting of 19 March 2008.
2 In accordance with the Administration Regulation 10 (1)(b) Council amends resolution
   number 160308 of the Ordinary Council Meeting of 19 March 2008 as follows:

    a) That the Council having complied with section 58 and Regulation 9 of the Land
       Administration Act 1997 requests that the Minister for Lands close the portion of
       underwidth road being between Archibald and Porter Streets, Muchea;
    b) That the portion of closed road adjoining private freehold land be amalgamated
       with those lots on a 50/50 basis with costs being borne by the adjoining owners;
    c) That the remaining portion of the ROW be amalgamated with the six unallocated
        Crown Land lots and the composite are to be reserved for “wetland protection”
        with the Council accepting a Management Order under the Land Administration
        Act 1997 in respect of the reserve.”

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Appendix 1




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Appendix 2




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Appendix 3




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6.3.10         Proposed Change of Use to Equestrian Centre - Lot 4 (RN 159) Timaru
               Road, Muchea (10.9.10 69/08)

REPORT DATE:                                       27 March 2008
LOCATION ADDRESS:                                  Lot 4 (RN 159) Timaru Road
APPLICANT                                          Jacqueline Van Rensburg
AUTHOR                                             Keith Burgemeister, Senior Planning Officer
SENIOR OFFICER                                     Azhar      Awang,     Executive    Manager
                                                   Development Services
DISCLOSURE OF INTEREST                             Nil
APPENDICES                                         1. Locality Plan
                                                   2. Site Plan
DOCUMENTS TABLED                                   Nil

Summary:
Council‟s consideration is required in regards to the proposed Equestrian Centre at Lot 4 Timaru
Road, Bindoon. The size of the property is 10.51ha.

Background:
Council has received a Planning Application from Jacqueline Van Rensburg in regard to a
proposed Muchea Equestrian Centre (Riding School) at Lot 4 Timaru Road, Muchea.

Access is from Brand Highway onto Timaru Road then down a gravel driveway to a parking area
between the house and the shed.

The applicant proposes a small riding school to cater for private lessons both for adults and
children. Two light horses and six ponies will be kept within the 9 paddocks shown of which 5
ponies will be used in lessons. One of the additional two paddocks wholly contains the residence,
outbuildings and parking area with a proposed exercise area to the south-west. A round holding
yard with 6 holding pens behind the house, each 3m x 3m with a roof and enclosed on one side
will be the marshalling point for horses to be used prior to riding lessons.

The lesson area will have an 18m round yard for beginners and private lessons, a 45m x 25m
dressage arena and a 60 x 40m exercise area. Seventy percent of the riders will be beginners
restricted to within the lesson arena and round yard with the more experienced riders able to use
the exercise area.

Services will be provided both on the property and off the property depending on distance. Riding
lessons will be given to beginners (6 yrs and older), lead lessons (3-6yrs), including group lessons
and semi-private lessons for casual riders (2 people only). Experienced riders can also participate
in bush riding of no more than 3 riders at a time.

Lessons will be conducted 6 days a week, Monday to Wednesday and Fridays in 1 hour time slots
starting from 4.00pm with the last class ending at 7.00pm. A total of 5 riders may participate,
average 12 per day for a total of 48 riders. On Saturdays and Sundays, lesson times will start a
9.00am finishing at 12.00pm for an average of 24 riders each weekend. Numbers attending
classes will initially be well below the numbers given above.

During school holidays day camps/clinics including jumping/dressage workshops will also be
conducted from 9.00am to 5.00pm. The numbers will be kept to 5 per lesson or to eight if the
students bring their own horse/pony and are experienced in riding. Agistment may be offered to
students who bring their own horses with a small show on the last day of school holiday camps.

The applicant plans to conduct all lessons to ensure a high level of safety with riding helmets
required to be worn or available for purchase. Volunteers will assist in the watering and feeding of
Ordinary Council Meeting Minutes – 16 April 2008                                                 94
the ponies and getting the ponies ready.

The droppings from the marshalling yard and arena will be removed daily after each lesson and
raked into the vegetable garden and paddocks. Droppings are rapidly incorporated into the soils
due to an abundance of dung beetles on the property.

The applicants have also indicated the neighbours are aware of her proposal having spoken with a
number of them prior to submitting an application with Council.

Consultation:
The proposal has been referred to five (5) affected land owners and one to the Ellen Brockman
Integrated Catchment Group. The closing date for any submissions was 28 March 2008.

No objections were received with the Ellen Brockman Integrated Catchment Group advising the
following:

The soil types on this property are Yanga 6X, Yanga 9X and Bassendean sand J.
(The soil landscape and associated information for the soil types are attached)

       The size of the property is 10ha;
       Each of these soil types has a stocking rate of 6DSE (van Gool et al, 2000);
       Three light horses (450Kg) is 10 DSE x 3 = 30 DSE;
       Six ponies (250Kg) is 5 DSE x 6 = 30 DSE;

The property can sustain 60 DSE.
The proposed number of animals totals 50 DSE.

One other received from the public on 28 March 2008, supported the neighbours application for a
riding school as they reside at Lot 3, the closest and the property most likely to be affected. The
letter states that they have no objections to the proposal and provided the following comments

―We enjoy good relations with our neighbours, who have kept us fully informed of their plans. We
admire their industry and wish them every success in their venture and encourage Council to do
the same.‖

Statutory Environment:
Local: Shire of Chittering Town Planning Scheme No 6

Lot 4 (RN 159) Timaru Road is zoned “Agricultural Resource”. The objectives of this zone are:

4.2.3 Agricultural Resource Zone
4.2.3.1 Objectives:
To preserve productive land suitable for grazing, cropping and intensive horticulture and other
compatible productive rural uses in a sustainable manner;
To protect the landform and landscape values of the district against despoliation and land
degradation;
To encourage intensive agriculture and associated tourist facilities, where appropriate;
To allow for the extraction of basic raw materials where it is environmentally and socially
acceptable.

The horse riding school falls within the definition of “Equestrian Centre” which:

―means a premises used for the showing, competition or training of horses and includes a riding
school.‖

Ordinary Council Meeting Minutes – 16 April 2008                                                95
Such use is classified as a “D-Use”, which:

―means the use is not permitted unless the Local Government has exercised its discretion by
granting Planning Approval.‖

6.3 Water Prone Area – Ellen Brook Palusplain
6.3.1 Land subject to Inundation or flooding are delineated on the Scheme Map. Planning Approval
      is required for any development within the Special Control Area.
6.3.2 Purpose
 a. To manage development in areas where there is high risk of inundation so as to protect
      people and property from undue damage and where there is a potential risk to human health.
 b. To preclude development and the use of land which may increase the amount of nutrients
      from entering the surface and/or sub-surface water systems.
 c. To ensure that wetland environmental values and ecological integrity are preserved and
      mentioned.

Policy Implications:
The use of the land is also subject to Local Planning Policy No. 24 Stocking Rates and Keeping of
Animals.

3. Background
Whatever the cause, guidelines on stocking rates and land management for the keeping of animals
are desirable to prevent environmental degradation. There is no intention to interfere with normal
agricultural practices. Stocking rates that are specified for small lots can be increased in individual
cases where management plans are prepared. It is possible to temporarily accommodate young
and old animals, whose impacts are generally less, above and beyond specified stocking rates,
within the specified policy.

This policy interprets the requirements of the scheme and has been created to help farmers; the
Council, developers and land owners achieve the sustainable keeping of stock and other animals
in a manner that preserves the rural character of the Shire.

4. Objectives
The objectives of this policy are:
To encourage sustainable agriculture;
To accommodate animals commensurate with the carrying capacity of the land;
To protect the natural vegetation and water quality;
To lessen the likelihood of soil erosion and land degradation; and
To maintain the rural character of the Shire.

5. POLICY STATEMENT
5.1 General requirements
    In all zones:
    a) planning consent is required for the keeping of any animal in any zone, unless exempted
         (see below);
    b) planning consent is required for horse arenas, which are located on previously cleared
         areas and satisfy the setback requirements of Local Planning Policy no. 18;

Schedule 2:
Species         Average Annual DSE Rating          No. of animals permitted at 5DSE per hectare on
                                                    a cleared 2 ha site without a management plan
                                                    (to be taken to the nearest whole number for
                                                    each property).

Horse                     10                                           1
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Horse or pony
14 hands & under          6                                           1.66
Horse, miniature          2                                           5

With a property management plan at a stocking rate of 10 dry sheep per hectare, the following
could be accommodated on a previously cleared two hectare site.

2 large horses, or
3 ponies.‖

Financial Implications:
Nil

Strategic Implications:
Nil

Voting Requirement:
Absolute Majority Required:
No:

Site Inspection:
Yes

Triple Bottom Line Assessment:
Economic Implications:
The proposal will create opportunities for volunteers to gain work experience in horse husbandry.

Social Implications:
There are no perceived social implications, which would result from approval of this application.

Environmental Implications:
There are no perceived environmental implications, which would result from approval of this
application.

Comment:
Access
The applicant‟s proposal is to use Timaru Road prior to gaining access onto Brand Highway. A
sufficient area between the house and the shed has been set aside for car parking.

Stocking Rates
The property can sustain 50 DSE. The proposed number of animals totals 50 DSE. The proposal
to keep 2 light horses and 6 ponies is sustainable and complies with the Local Planning No. 24.

Fencing
Further to the site visit on the above property dated 2 April 2008, the owner has erected fences
around the lesson and round yard arena. Fencing on the property boundaries and fences dividing
the 9 paddocks already exist which complies with Local Planning Policy No. 22 Fences.

Tree guards
One condition usually imposed for livestock requires that all trees with a diameter greater than
50mm are to be fitted with approved guards to prevent damage by livestock. With scattered large
trees greater than 1m diameter, horses which graze on only grass do not touch the trees or eat the
bark. On this basis, trees guards are unnecessary and are not required.

Setbacks
Ordinary Council Meeting Minutes – 16 April 2008                                                    97
The horse arena includes the lesson and round arena. The proposed setback of approximately
40m from the western boundary is consistent with Local Planning Policy No. 18 where the use in
an Agricultural Resource zone can be supported by Council.

OFFICER RECOMMENDATION TO BE DEBATED AND RESOLVED BY COUNCIL
―That Council approves the proposed Equestrian Centre at Lot 4 (RN 159) Timaru Road, Muchea
subject to the following conditions:
  a) If a stable/s or an increase in the number of horses are proposed a property management
     plan must accompany any new application;
  b) Land shall be managed in a sustainable manner and where in the opinion of Council at its
     absolute discretion land or vegetation is considered degraded or animals are causing a
     nuisance, the landowner or occupier may be ordered to reduce the number of animals on the
     lot and/or undertake other remedial action as is considered appropriate;
  c) Prior to first intake of students to the riding school the Applicant shall submit to the Council
     evidence of currency of public liability insurance for the business;
  d) Manure shall be collected daily from the lesson/round arena and marshalling yards, in
     accordance with the Shire‘s Health Local Laws, and disposed of to the satisfaction of the
     Chief Executive Officer;
  e) If the development, the subject of this approval, is not substantially commenced within a
     period of two years from the date of the approval, the approval shall lapse and be of no
     further effect. Where an approval has lapsed, no further development shall be carried out
     without the further approval of Council having first been sought and obtained;
  f) Breach of conditions may result in cancellation of this approval;
  g) A maximum of 50 Dry Sheep Equivalent (DSE) is permitted on the property;
  h) Submission of a Fire Management Plan in accordance with the Local Planning Policy No. 21.

Advice Notes
1. The applicant should refer to the publication on Environmental Guidelines for Horse Facilities
   and Activities, published by the Water and Rivers Commission, 2002.
2. The applicant is encouraged to contact the Department of Water‘s Swan Avon Region office
   to discuss water management options.
3. Should an applicant be aggrieved by a decision of Council, the State Administrative Tribunal
   can be requested to review the decision. Such a request should be lodged within twenty-eight
   (28) days of Council‘s decision.‖

160408
Moved Cr Tomlinson / Seconded Cr Douglas
“That Council approves the proposed Equestrian Centre at Lot 4 (RN 159) Timaru Road,
Muchea subject to the following conditions:
 a) If a stable/s or an increase in the number of horses are proposed a property
    management plan must accompany any new application;
 b) Land shall be managed in a sustainable manner and where in the opinion of Council
    at its absolute discretion land or vegetation is considered degraded or animals are
    causing a nuisance, the landowner or occupier may be ordered to reduce the number
    of animals on the lot and/or undertake other remedial action as is considered
    appropriate;
 c) Prior to first intake of students to the riding school the Applicant shall submit to the
    Council evidence of currency of public liability insurance for the business;
 d) Manure shall be collected daily from the lesson/round arena and marshalling yards, in
    accordance with the Shire‟s Health Local Laws, and disposed of to the satisfaction of
    the Chief Executive Officer;
 e) If the development, the subject of this approval, is not substantially commenced
    within a period of two years from the date of the approval, the approval shall lapse
    and be of no further effect. Where an approval has lapsed, no further development
    shall be carried out without the further approval of Council having first been sought
Ordinary Council Meeting Minutes – 16 April 2008                                                   98
     and obtained;
 f) Breach of conditions may result in cancellation of this approval;
 g) A maximum of 50 Dry Sheep Equivalent (DSE) is permitted on the property;
 h) Submission of a Fire Management Plan in accordance with the Local Planning Policy
     No. 21.

Advice Notes
 1. The applicant should refer to the publication on Environmental Guidelines for Horse
    Facilities and Activities, published by the Water and Rivers Commission, 2002.
 2. The applicant is encouraged to contact the Department of Water‟s Swan Avon Region
    office to discuss water management options.
 3. Should an applicant be aggrieved by a decision of Council, the State Administrative
    Tribunal can be requested to review the decision. Such a request should be lodged
    within twenty-eight (28) days of Council‟s decision.”

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6.3.11         Proposed Class 1 Recycling and Inert Landfill Facility Lot 1920 (RN 4040)
               Great Northern Highway, Chittering (10.9.10 02/08)

REPORT DATE:                                         25 March 2008
LOCATION ADDRESS:                                    Lot 1920 Great Northern Highway
APPLICANT                                            Cardno BSD
AUTHOR                                               Keith Burgemeister, Senior Planning Officer
SENIOR OFFICER                                       Azhar      Awang,    Executive     Manager
                                                     Development Services
DISCLOSURE OF INTEREST                               Nil
APPENDICES                                           1. Locality Plan
                                                     2. Site Plan
                                                     3. Table of Submissions
DOCUMENTS TABLED                                     Details of Proposal

Summary:
Council‟s consideration is required for an application from Cardno BSD on behalf of Westmore
Corporation to carry out a Class 1 recycling and inert landfill activity at Lot 1920 Great Northern
Highway, Muchea.

Background:
A Planning Application has been received by Council dated 19 December 2007 from Cardno BSD
to establish a Class 1 recycling and inert landfill facility at Lot 1920 Great Northern Highway,
Muchea.

A Class 1 landfill is an unlined landfill designed to accept inert wastes only. The materials being
non-biodegradable or chemically reactive produce no leachate. As the current void is a clay pit,
the clay material will act as the containment agent.

The landfill facility is to be confined to the current mining void (surface area 2ha, average depth
10m, depth to ground water 30m) left behind by previous mining operations. The area immediately
west of the mining void has been divided into material acceptance (5,000m2), material sorting
(3,000m2) and material crushing and storage (5,000m2).

A site office and workshop of approximately 300m2 will be located along the gravel access track
200m prior to the material acceptance area. The site office will comprise basic kitchenette and
toilet facilities along with office space. Six to eight car parking bays will also be provided. Lastly, a
three sided machinery shed will also be provided.

At the Jandakot site, waste accepted is separated into putrescible, green waste, metals and C&D
material. There are also specialist collection services for asbestos on-site. The C&D material
collected at the Jandakot site will then be transported to the Muchea Site for recovery and further
treatment. The material mainly consists of inert materials including bricks, concrete, reinforced
concrete, tiles, used sand, gravels and clays. In addition, a significant quantity of timber, low
quantities of green waste, mattresses and carpets will be mixed in with the inert materials.

DEC Landfill Waste Classification and Waste Definitions 1996 defines timber etc above as
putrescible waste. To ensure compliance, these materials cannot enter the inert landfill on-site. All
timber materials will be extracted from the waste body and stockpiled along the edge of material
acceptance area for removal to the Eastern Metropolitan Regional Council (EMRC) untreated
timber recycling facility in Hazelmere for recovery. Also separated from the waste body will be
quantities of treated timber, mattresses, carpets and some green waste. Putrescible waste will be
removed within 24 hours and taken to the EMRC Red Hill (Class III) land fill site.

Within the material sorting area the „clean‟ inert material is further sorted and separated to create
Ordinary Council Meeting Minutes – 16 April 2008                                                    107
stockpiles of concrete, brick tile and gravel materials. These stockpiles will provide feedstock to
the crushing process. The crushing process will produce uniform aggregates of varying materials
to be sold as sub road base, drainage aggregates and fill. Crushed materials not utilized as
recycled building products will be land filled to maximize use of void space.

Sand is cleaned and screened to produce uniform sized fractions. Bricks may be crushed and
screened to produce an aggregate or cleaned to be recycled as whole bricks. Metal, wood and
plastic can also be recovered in the process.

The Muchea site will receive approximately 500m3 of C&D materials daily with an annual waste
throughput of 156,000m3. A maximum of 20 vehicle movements is anticipated based upon the
following breakdown:

    8-12 truck movements (both inbound and outbound);
    4 staff movement (2 staff inbound and outbound);
    4 subcontractor and/or visitor movements as above.

The main transportation route will be along Great Northern Highway.

Water for dust suppression measures will be sourced from the mining void and surface water run-
off. Prior to dewatering the pit, the water will be tested then pumped to an existing sedimentation
pond enlarged from 1.5 million litres to 2 million litres capacity immediately west of the current
stockpile. During winter, surface water will be diverted to holding ponds contained in the mining
void, through the construction of batters which will be emptied periodically into the sedimentation
pond. The sedimentation pond will only be used for short term storage for discharge through the
sprinkler system. Some water will be stored in a tank for use as dust suppressants supplemented
through groundwater from an approved bore.

Westmore proposes to use a total of 15,000 litres of water per day for use on-site. Based on
operations being conducted for 6 days per week, 48 weeks a year this equates to approximately
4.32 megalitres annually. In the event additional water supplies are required, Westmore will
investigate options for sourcing the required volume. Where this involves installation of a bore,
appropriate approvals will be sought from the Department of Water (DoW).

Dust will be controlled in the following ways:

    Covering all trucks/containers transported to site;
    Selective timing of crushing, stockpiling and landfill with activities suspended during severe
    windy conditions;
    Watering tractor to keep dust down on all site activity and gravel access;
    Watering of inert material and recycled product stockpiles and material prior to landfill using
    sprinklers and water tractor;
    Sprinkler system to mobile crusher
    Establish and maintain screening vegetation surrounding the landfill activity.

As for noise, EPA guidelines recommend a 150m buffer for a Class 1 inert landfill and a 1km buffer
from a crushing facility. The nearest residence is approximately 1.2 km away. The proponent
does not intend to acquire land to enforce this as the land up to a kilometre away is wholly
contained within the existing Basic Raw Materials Buffer. Midland Brick has an approved
subdivision approximately 800m from the site with additional uses such as caravan park with
chalets (lodged 6.02.08) 1km away on Lot 12 in the valley hidden away behind a ridge.

Existing perimeter fences are in place and locked gates provided which will be maintained by the
applicant. Westmore proposes to increase security by undertaking additional fencing along the
northern boundary to prevent illegal dumping with fencing and security measures reviewed
Ordinary Council Meeting Minutes – 16 April 2008                                              108
periodically.

Native vegetation local to the area will be planted on the northern and eastern boundaries to
screen the facility and facilitate habitat regeneration. The mining void when filled is to be capped
with 50cm of clay material from the existing clay stockpile resulting in original site contours being
reinstated. The topsoil mixed with the clay material will provide the growing medium for natives.

The applicant has also proposed the landfill site will be operational for 10 years.

Consultation:
The proposal has been referred to affected land owners within a 2km radius of the proposed site
and a further nine (9) to government agencies. The closing date for any submissions was 13
February 2008.

Five submissions were received from Department of Environment, Ellen Brockman Integrated
Management Catchment Group, Water Corporation, Environmental Protection Authority, WAMIA
and Main Roads WA, 15 submissions were received from nearby residents. A summary of the
submissions are attached in the Table of Submissions including a petition.

Late submissions were received after the closing date from a nearby resident, EPA, WAMIA and
Main Roads WA with DJ Baum and WAMIA not inside the 2km radius.

Statutory Environment:
State: Planning and Development Act 2005

Local: Shire of Chittering Town Planning Scheme No. 6
The zoning of the land is “Agricultural Resource”. The proposed use is defined as “Landfill/Refuse
Centre” which means:

―means premises used in the disposal, storage and recycling of waste material.‖

Such use is classified as an “A” use within “Agricultural Resource” zoned land. This means that the
use is not permitted unless the Local Government has exercised its discretion by granting Planning
Approval after giving special notice in accordance with clause 9.4.

Clause 9.4 of the Scheme states as follows:

9.4 Advertising of Applications

9.4.1 Where an application is made for Planning Approval to commence a use or commence or
carryout development, which involves a use, which is-
       (a) an ―A‖ use as referred to in clause 4.3.2; or
       (b) a use not listed in the Zoning,
the Local Government is not to grant approval to that application unless notice is first given in
accordance with the provisions of sub-clause 9.4.3.

9.4.2 Despite clause 9.4.1, where application is made for a purpose other than a purpose referred
to in that clause, the Local Government may require notice to be given in accordance with clause
Clause 9.4 of the Scheme, states that the Local Government is not to grant approval to the
application unless notice is first given in accordance with the provisions of sub-clause 9.4.3.

Sub-clause 9.4.3 states:

The Local Government may give notice or require the applicant to give notice or decide to
give notice of an application for Planning Approval in one or more of the following ways -
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(a)     notice of the proposed use or development served on nearby owners and occupiers who,
        in the opinion of the Local Government, are likely to be affected by the granting of Planning
        Approval, stating that submissions may be made to the Local Government by a specified
        date not less than fourteen days from the day the notice is served;
(b)     notice of the proposed use or development to be published in a newspaper circulating in
        the Scheme Area stating that submissions may be made to the Local Government by a
        specified day being not less than fourteen days from the day the notice is published;
(c)     a sign or signs displaying notice of the proposed use or development to be erected in a
        conspicuous position on the land for a period of not less than 14 days from the day the
        notice is erected.

After the advertising period, Council shall consider and determine the application.

The objectives of Agricultural Resource Zone land are:

To preserve productive land suitable for grazing, cropping and intensive horticulture and other
compatible productive rural uses in a sustainable manner;
To protect the landform and landscape values of the district against despoliation and land
degradation;
To encourage intensive agriculture and associated tourist facilities where appropriate;
To allow for the extraction of basic raw materials where it is environmentally and socially
acceptable.

The subject land falls within the following Special Control Areas:

6.2 Landscape Protection Area

6.2.1 The Landscape Protection Areas are delineated on the Scheme Map. Planning Approval is
required for any development within the Special Control Area.

6.2.2 Purpose

       (a) To secure the areas delineated on the Scheme Map from undue subdivision and
           development that would detract from the landscape value of the rural environment;
       (b) To conserve and enhance the character of the significant landscape area; and
       (c) To ensure land use and developments are compatible with the landscape values.

Clause 6.2.4 Planning Requirements and clause 6.2.5 Relevant Considerations relate to Local
Government not supporting a dwelling or outbuilding on any ridgeline or removal of any natural
vegetation. All landfill activity is in a cleared area east, well away from the southwestern portion of
Lot 1920, affected by the Landscape Protection Area.

6.4 Basic Raw Materials

6.4.2 Purpose – to secure known basic raw materials resources, and protect future resources.

6.4.3 Planning requirements – Planning approval is required to extend a dwelling or other building
       within the Buffer Area.
       No new dwellings shall be approved within this buffer area

6.4.4 Whether development in the buffer area will affect future Extractive Industry operations.

5.16 Basic Raw Materials

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(a) Extraction of essential materials for roads and construction are to be permitted in areas where
    they will not adversely affect living environments, the landscape quality or contribute to land
    degradation problems during and after operations;
(b) Extraction of basic raw materials within the rural zones is to be managed in accordance with
    best industry practices including consideration of end use and rehabilitation at time of
    decommission;
(c) Appropriate buffer areas are to be applied to protect both the extractive operations as well as
    the living or agricultural environment in nearby areas;
(d) Council will not support development within those buffer areas, which may be detrimental to the
    efficiency of the industries. This is to protect the basic raw materials precincts from
    development that may compromise its operations..

Historic clay mining operation has ceased, which resulted in the mining void. The majority of the
site‟s basic raw material has been utilized and the proposed landfill will result in rehabilitating the
mining void and surrounds. The Class I landfill facility within the buffer will have no detrimental
impacts upon extraction of raw materials, and this together with the rehabilitation of the mining void
helps achieves objectives b) and d) of the site‟s Special Control objectives.

6.6 Land Refuse

6.6.1 Purpose – To establish buffer areas around established Land Refuse Centres, so that
               development does not encroach within the buffer area.

6.6.2 Planning requirements – Planning Approval is required to extend a dwelling or other building
      within the Buffer.
      No new dwellings shall be approved within the designated buffer area.

6.6.3 The Local Government may refer any Application for Planning Approval or any amendment to
      vary a Special Control Area boundary to any relevant authority or community organization.

Policy Implications:
Statement of Planning Policy No 2.4 – Basic Raw Materials.

The objectives of the Policy are:

       To identify the location and extent of known basic raw material resources;
       To protect Priority Resource locations, key extraction areas and extraction areas from being
       developed for incompatible land uses which could limit future exploitation;
       To ensure that the use and development of land for the extraction of basic raw materials
       does not adversely affect the environment or amenity in the locality of the operation during
       or after extraction;
       To provide a consistent planning approval process for extractive industry proposals
       including the early consideration of sequential land uses.

Under the Shire of Chittering Local Planning Policy No 26 definitions the following terms have been
defined;

―Local Waste‖ means waste products generated within the Shire of Chittering,
―Waste Products‖ means biosolids, household, industrial, agricultural and nuclear wastes.

The proposed inert landfill facility is a Class I type facility that does not accept any of the materials
above. Applying Clause 5.5 is discretionary as most of material bought on-site can be recycled
and once the void is filled can be built upon.

The objectives of the Policy are:
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To reduce waste generation, in line with Government policies;
To adopt a safe and convenient local waste collection, transport and disposal methods;
To minimize the social, environmental and economic costs of waste management to Shire
residents;
To exclude the Shire as a dumping ground for waste generated outside the Shire of Chittering

Disposal within the Shire of wastes produced outside the Shire of Chittering

5.5 There shall be no disposal within the Shire of waste products generated outside the Shire or
    any rezoning in TPS No. 6 to permit such an activity, provided that nothing shall prevent the
    Council working with adjoining Local Governments to jointly address waste management
    issues.

In accepting waste from outside the shire, putrescible material will be separated and taken off-site
to either the Eastern Metropolitan Region Council‟s timber recycling facility at Hazelmere with other
putrescible material being buried at Red Hills Class III Landfill site

Local Planning Policy No 16 – Roads & Drainage
       5.3    Road Access
       5.3.1 Every property is entitled to one access where it adjoins a public road, provided that:
              a)    access is to be located considering safety factors, to the satisfaction of the
                    Council;
              b)    access to any Highway and the Bindoon-Moora Road is to be to the
                    satisfaction of Main Roads Western Australia;
              c)    where the property adjoins more than one road, access is to be to the road of
                    lesser importance;
              d)    additional access points may be granted at the discretion of the Council;
       5.3.2 All crossovers are to be constructed in accordance with Council‘s specifications;
       5.3.3 Where a property does not have access to a public road, it is the responsibility of
              the landowner to negotiate a right of access with adjoining owners.

       5.6 Contributions for Construction

       5.6.1 Council may request contributions for construction to upgrade existing roads,
             drainage and street furniture as a condition of approval of adjoining applications for:
             a) subdivisions, when any additional lots are created;
             b) development, other than single dwellings and outbuildings;
       5.6.2 Contributions by developers and subdividers for access roads are to be sufficient to
             construct a 7.0m wide two-coat seal road, supporting foundations, road furniture and
             drainage within the lot and across the frontage of the lot;
       5.6.3 If the development/subdivision is located some distance along an unsealed road or
             unmade road the developer will be required to contribute to connect the road
             construction to a sealed road of the locality;
       5.6.4 Neighbouring land owners are not obliged to contribute unless they receive a benefit
             through future development/subdivision.

       5.6 Construction Standards

       Road, drainage and street furniture construction standards are as specified in Schedule 1
       Subdivisional Development Requirements and shall be to the satisfaction of the Chief
       Executive Officer.

       5.7 Road Setbacks
       Setbacks adjoining roads are as specified in Local Planning Policy No. 18.
Ordinary Council Meeting Minutes – 16 April 2008                                                112
Financial Implications:
Nil

Strategic Implications:
Shire of Chittering Local Planning Strategy

10.3 Basic Raw Materials Extraction Areas
The intent is:

    To provide appropriate buffer areas in accordance with State Government and local policies
    and legislation to both protect the workings of extractive industry sites and protect any
    residences, agricultural development and tourism from adverse effects of noise and dust
    emissions;
    Not to support new development within any identified buffer areas which may be detrimental to
    the efficiency of the industries and the issues of basic raw material requirements at the local ,
    regional and State levels;
    In relation to Greenfield site applications for extractive industries, to protect existing residences
    and approved developments by ensuring that all buffer areas are designated so as not to
    encroach detrimentally on existing authorised developments.

10.5 Land Refuse (Sites)

    There are three waste management sites in the Shire – Bindoon on Crest Hill Road, Muchea
    on Wandena Road and the Wannamal site.
    Both sites require buffer areas to provide adequate setbacks because of dust and odour
    problems.

In both cases there is a shared buffer with nearby extractive industries.

Voting Requirement:
Absolute Majority Required:
No

Site Inspection:
On the 8 April 2008 a tour of related sites was undertaken in Perth which all councillors were
invited. The first stop was at the C&D Recycling facility in Hazelmere, followed by the Jandakot
Waste Transfer Station where the putrescible material is separated then transported to the Moltoni
Inert (Class I Landfill) in Spearwood. The last also a Class 1 inert Landfill operated by the City of
Fremantle has been partially rehabilitated with the fill west of the site supporting residential uses.
After luncheon at the Esplanade Hotel, Fremantle the tour ended with a site visit of the Muchea
site.

Representatives from Cardno BSD, Westmore Corporation and Bin hire were in attendance in
addition to the Shire President, Executive Manager Development Services and Senior Planner. In
addition, one councillor met the bus at the Hazelmere facility departing after lunch on other
business elsewhere.

The Shire‟s Executive Manager Engineering Services and Works supervisor were in attendance at
the Muchea site.

Triple Bottom Line Assessment:
Economic Implications:
The proposal will maintain employment in the area up to 2-3 staff based on-site to manage day-to
day operations. Subcontractors may also be required on site in addition to truck drivers trucking
Ordinary Council Meeting Minutes – 16 April 2008                                             113
inert materials to the site and putrescible waste/recycled crushed material off-site.

Social Implications:
The social implication that would result from approval of this application will see an increase in
traffic movements on or off-site from Great Northern Highway, the perceived noise and dust
generated from the operation.

Environmental Implications:
There are some environmental implications such as groundwater water quality, soil health and
erosion that can lead to further degradation of the landscape and waterways. However, approval
of this application would result in less inert material ending up as landfill.

Comment:
Operation
In support of the application the applicant has provided an Environmental Assessment &
Management Plan for the property. The report looked at the project description in terms of how the
materials transported to the Muchea Landfill site are to be unloaded, separated and sorted before
crushing. The report also includes transport, the equipment used in the project, workforce, dust
suppression and the safety aspect of the project. The report also addresses the environmental
impacts and the management of the landfill activity such as surrounding land use buffer, flora and
fauna, ground water management, surface and operational water management, traffic, noise, dust,
asbestos management, odour, visual amenity, security and the rehabilitation of the site.

It is noted that the hours of operation is from 6.00am to 4.00pm Monday to Saturday inclusive
excluding public holidays where the applicant has indicated that there will be a total of 8-12 trucks
per day operating from the site.

Submissions
The main issues raised against the landfill operation were level of noise and dust, water retention
and use, safeguards against asbestos including traffic, affect on property values, precedent, and
visual impact/amenity. Given the degree and extent of the objections each will be raised and
discussed in turn.

Dust and Noise
The applicant in his application stated that water will be used as a dust suppressant on the access
track, stockpiles, land filling activity and crushing. The applicant indicated that trucks would be
covered and restricted to a 20km/hr speed limit on-site, with a water tractor to be used for wetting
the access track, stockpiles and land filling operations. Similarly, a sprinkler system on building
stockpiles and inside the crusher is proposed. Lastly, a shelter belt of trees and shrubs to the
north and east of the work area would further reduce dust.

Noises from the crusher were the other issues raised in the submissions. The Environmental
Protection Authority (EPA) Guidance Statement No. 3 (Separation Distances between Industrial
and Sensitive Land Uses recommend sensitive uses from a landfill and crushing facility should be
at least 150m and 1,000m respectively. At present, no dwelling is located inside this buffer.

Water Retention and Use
In the initial stages, water will be sourced from an existing mining void. During winter additional
water will be collected and emptied when required into the sedimentation pond supplemented with
groundwater extraction. An estimated 15,000 litres of water per day will be required for use onsite.
Based on operations being conducted 6 days a week 4.32 megalitres will be required annually. If
the 1.2km access track was sealed approximately 400,000L of water would be conserved.

Safeguards Against Asbestos
Out of 15 submissions received eight (8) opposed it on Environmental Health grounds due to an
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asbestos risk. Westmore also has a zero tolerance to acceptance of asbestos at their Jandakot
Waste Transfer Station. Any loads found to contain asbestos are reloaded back onto the truck for
removal off-site. In addition, the 5% allowance for putrescible waste in inert waste is now 0.5 % by
weight (2005 Review of Waste Classification and Waste Definitions 1996 as amended).

Traffic
The issues of increased traffic were raised in the submissions. The Landfill facility will lead to 8-12
truck movements (inbound and outbound) and 8 smaller vehicles for a total of 20 movements a day
between the hours of 6.00am and 4.00pm, six days a week with access from Great Northern
Highway. Main Roads WA is concerned but may permit access provided additional justification is
provided.

Property Values
A number of objectors have raised the possibility of the negative impact on investment in the area,
and the concurrent lowering of land values, as being reasons for objecting to the proposed
development.

Precedent
The subject land is zoned Agricultural Resource and also lies within Council‟s Special Control Area
– Basic Raw Materials. In this zone a Landfill/Refuse Centre is listed as an “A” use requiring
advertising prior to consideration by Council. Council‟s Local Planning Policy 26 Waste
Management for disposal within the Shire of wastes produced outside the Shire clause 5.5 states:

―There shall be no disposal within the Shire of waste products generated outside the Shire or any
rezoning in TPS No. 6 to permit such activity, provided that nothing shall prevent the Council
working with adjoining Local Governments to jointly address waste management issues.‖

The above policy can be discretionary as the material concerned is inert and is not part of
Council‟s definition of waste.

The Class 1 inert landfill facility recycles C & D material resulting in less material ending up in
landfill. A significant quantity of crushed material will be recycled for road base, drainage
aggregates and fill. No putrescible material will end up as landfill. After 10 years the landfill site
will be capped with clay from the stockpiles and replanted to local species.

Visual Impact/Amenity
Most of the objections related to amenity of the area being affected such as visual impact of the
proposal. Predominantly, intact vegetation is at the front of the lot within Council‟s Special Control
Area – Landcape Protection Zone. The field of operations is in the eastern half largely denuded of
trees.

Conclusion
On the basis of the above, crushing is integral to the recycling of material for road base and fill and
at the end of the 10 year period the site will revert to its original condition. Having the access track
sealed provides a future benefit to the community when the lot and the lots surrounding it are
subdivided.

A copy of the Management Plan report has been provided to the Ellen Brockman Integrated
Catchment Group for comments resulting in the Group providing general comment only. The
Environmental Protection Authority has not required a formal assessment of the proposal and has
provided comment in the form of three (3) advice notes.

The area has been identified as being within the “Special Control Area – Basic Raw Materials”, a
use which is consistent with the intent and objectives of the use of the land and therefore should
be supported by Council.
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OFFICER RECOMMENDATION TO BE RESOLVED AND DEBATED BY COUNCIL
―That Council grants planning approval for the proposed Class 1 recycling and inert landfill facility
at Lot 1920 Great Northern Highway, Chittering subject to the following conditions:
    1. This planning consent shall be for a period of ten (10) years from the date of issue;
    2. Crushing shall be restricted to between 08:00hours and 16:00hours with no crushing
        permitted on Saturdays or on windy days;
    3. The amount of putrescible waste in inert material transported to Muchea is to be 0.5% (by
        weight) in accordance with the amendments made to the Department of Environment and
        Conservation (DEC) Landfill Waste Classification and Waste Definition 1996;
    4. No putrescible waste is to be in material buried in the mining void. All putrescible material
        is to be taken off-site and buried at Red Hill or Hazelmere Landfill sites;
    5. No asbestos is permitted on-site;
    6. Noise modeling of the crusher is to be undertaken within three months of the crusher
        being in operation and prepared by a suitably qualified acoustic engineer or consultancy;
    7. A Fire Management Plan is to prepared to the satisfaction of the Chief Executive Officer in
        accordance with Local Planning Policy No. 21;
    8. A Refuelling Management Plan is to be prepared to the satisfaction of Council.
        Incorporating:
       a. all on-site fuel storage and refuelling to take place within a lined and bunded area;
       b. any fuel leakages or spills to be cleaned up within 24 hours;
       c. As part of the close-out plan, contaminated soil is to be disposed of to the satisfaction
            of the Chief Executive Officer.
    9. The entire site being fenced off with security measures in place to prevent illegal dumping
        of waste;
    10. Within nine months of the date of this planning consent, screen landscaping belts of local
        species 10m wide shall be installed at the northern and eastern boundaries;
    11. All stormwater shall be retained on site;
    12. Within three months the proponent shall submit to Council evidence of currency of public
        liability insurance for the landfill operations. The issue of approval shall not, in any way
        render the Shire of Chittering liable for damage or injury of any kind to any member of the
        public; such liability shall be the sole responsibility of the applicant;
    13. A Rehabilitation Plan (also referred to as a close plan) shall be submitted and approved by
        Council prior to the cessation of landfill activity incorporating:
        a.      state of end use;
        b.      final contouring plan, rehabilitation and land management;
        c.      measures for compaction of fill;
        d.      revegetation and landscaping.
    14. A restricted vehicle access permit for road trains is to be applied and granted from Main
        Roads WA prior to using the site;
    15. Site access shall be to Great Northern Highway, to the satisfaction and approval of Main
        Roads Western Australia;
    16. Appropriate dust suppression measures shall be taken at all times where any operation on
        site is likely to generate a dust nuisance to nearby residents to the satisfaction of the Chief
        Executive Officer;
    17. All vehicles loads entering and leaving the site shall be covered to prevent the spread of
        material;
    18. Internal access road shall be constructed and sealed to a 7m wide standard that
        minimizes dust emission from machinery and traffic, to the satisfaction of Council;
    19. The operations including the crusher shall comply with the requirements of the
        Environmental Protection (Noise) Regulations 1997 in respect to noise;
    20. The development shall comply with the provisions of Council‘s Town Planning Scheme
        No. 6, Health Act 1911, Building Code of Australia and any other relevant Acts,
        Regulations and Council Policies, except were varied by this approval;
    21. Crushing for the Landfill shall not occur in the following areas:
        a.      within 250m at any point along the Wandena Road lot boundary;
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       b.     within 40 metres of any designated water course;
       c.     within 1km of any house.
   22. Rehabilitation of each pit shall include surface water control measures to capture and hold
       the water until transferred to the sedimentation pond;
   23. Any amendments or variations to the rehabilitation or land management plan associated
       with the landfill operations shall be approved in writing by the Chief Executive Officer;
   24. The Applicant may be required to enter into an agreement with Council in relation to any
       condition/conditions;
   25. An annual report shall be submitted to the Council that includes:
       a.     the progress of the landfill activity;
       b.     surface water capture and reuse;
       c.     progress of landfill/recycling;
       d.     contingency actions and outcomes; and
       e.     community complaints and responses.
   26. If the development, the subject of this approval, is not substantially commenced within a
       period of 12 months from the sate of approval, the approval shall lapse and be of no
       further effect. Where an approval has lapsed, no further development shall be carried out
       without the further approval of Council having first been sought and obtained;
   27. Breach of conditions may result in cancellation of this approval.

Advice Notes:
1. The project may require Works Approval and/or licence from the Department of Environment &
    Conservation.
2. Construction is not to commence until Works Approval is issued and approval from other
    agencies has been obtained
3. If the proposal involves construction of a wastewater treatment plant, approval is required from
    the Executive Director Public Health, via the local authority.
4. Any buildings, machinery shed, fuel facilities or transportable buildings on site are to be the
    subject of a separate application for planning consent and,if required, a building licence.
5. If any trees require removal The Department of Environment may require a permit for the
    clearing of native vegetation prior to commencement of work on site.
6. Officers from Chittering Landcare Centre are available to assist the Applicant with respect to,
    catchment, drainage, plant selection, landscape and rehabilitation matters.
7. Should an applicant be aggrieved by a decision of Council, the State Administrative Tribunal
    can be requested to review the decision. Such a request should be lodged within twenty-eight
    (28) days of Council‘s decision.‖

170408
Moved Cr Tomlinson / Seconded Cr Vallance
“That the Staff recommendation be rejected and that Council refuse the planning approval
fort he proposed Class 1 recycling and inert landfill facility at Lot 1920 Greta Northern
Highway, Chittering for the following reasons:
1. The proposal is inconsistent with Council‟s Local Planning Policy No. 26 – Waste
    Management, section 5.5 stating that:
    “There shall be no processing and/or disposal within the Shire of waste products
    generated outside the Shire or any rezoning in TPS No. 6 to permit such activity,
    provided that nothing shall prevent the Council working with adjoining Local
    Governments to jointly address waste management issues.”
2. The proposal would have an adverse impact to the surrounding amenity due to the
    noise and dust issues generated from the proposed operation.
3. The number of submissions received during the advertising period objecting to the
    proposal from the surrounding land owners.
4. The possible contamination of ground water associated with the proposed operation.
5. The proposal is not consistent with the objectives of Agricultural Resource zoned land
    as specified in Shire of Chittering Town Planning Scheme.
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6. The buffer requirement required for this proposal cannot be contained within the
   subject land.
7. The proposal may result in the disposal of asbestos and other contaminated materials
   from building sites in to the Shire of Chittering.
                                                                        CARRIED [ 6 – 1 ]




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Cr Hawes declared a Financial Interest in Item 6.3.12 and left the Chambers at 7.45pm, the door
was closed.
6.3.12       Proposed Extractive Industry Lot 83 Great Northern Highway, Chittering
             (10.9.10 82/08)

REPORT DATE:                                       28 March 2008
LOCATION ADDRESS:                                  Lot 83 Great Northern Highway
APPLICANT                                          Austral Brick
AUTHOR                                             Keith Burgemeister, Senior Planning Officer
SENIOR OFFICER                                     Azhar      Awang,     Executive    Manager
                                                   Development Services
DISCLOSURE OF INTEREST                             Nil
APPENDICES                                         1. Locality Plan
                                                   2. Site Plan
DOCUMENTS TABLED                                   Nil

Summary:
Council‟s consideration is required for an application for extractive industry from Austral Bricks to
extract clay north of Pit 2A at Lot 83 Great Northern Highway, Chittering.

Background:
A Planning Application has been received by Council dated 07 March 2008 from Austral Brick to
extend clay operations north of Pit 2A currently being rehabilitated and opening up a new pit (Pit 3
of 3.07ha, 934m south from an acid soak) at Lot 83 Great Northern Highway, Chittering.

Approval for an excavation licence to extract clay on the abovementioned lot was given on the 10
April 2003 for a term of 5 years. The initial planning application proposed that clay resources were
to be exploited from Pit 1 first and rehabilitated before moving onto Pit 2 adjacent to Blue Plains
Road. This was changed when the Bristile operations trading as Metro Brick was asked to start on
Pit 2 first due to residences nearby. Hence, to maintain consistency with planning condition 6
Variation to Planning Consent – Extension of Excavation Area & Compensating Basin, Pit 2 was
renamed Pit 1. In accordance with Council‟s resolution of the 10 March 2004, Condition 6 states:

―Pit No 1 shall be the first excavation and shall be fully completed and decommissioned within 12
calendar months and the surrounds of any permanent dam or lake, re-vegetated at the first winter
period following this period.‖

The current application proposes to continue clay operations by extending pit operations north of
Pit (2A) then moving on to Pit 3. The clay resource from these pits is expected to last for a further
5 years.

If material taken in the first campaign exhausts material in Pit 2B and Pit 3 the operations would be
completed in 2008/2009. If not, time taken to excavate Pit 2B will be 3 months in 2008/2009
followed by a two month campaign in 2010/2011 to fully excavate Pit 3.

Clay will be excavated using scrapers and bulldozers and stockpiled west of the pits screened from
Great Northern Highway and surrounding properties by mature plantings. Excavation and
stockpiling takes place for approximately eight weeks every two years over summer. The pits
excavated to a depth of 8m will generally follow the pit outline as indicated (although this may vary
slightly.

Overburden, consisting of sand with lateritic clays will be removed and used in the construction of
a bund wall during excavation and prior to rehabilitation. Water captured in Pit 2A will be directed
towards the settling pond west of the stockpile prior to release towards the existing drainage line.
Hence, water quality is expected to be maintained once the water leaves the site.
Ordinary Council Meeting Minutes – 16 April 2008                                                131
The nearest external residence to the operation is 600m from the proposed pits.

The main transportation route will be Great Northern Highway with all trucks covered by tarpaulins
prior to leaving the site. Internal access roads are watered down during earthworks and cartage.
Public access to the site is restricted with road signage alerting road users to trucks entering and
exiting the site.

Rehabilitation and re-vegetation occurring on Pit 1 will continue on Pit 2A and thereafter on Pit 2B.
At the end of the operations three dams will remain with Pit 3 filled in and replanted to trees and
pasture in numbers higher than currently exist.

The applicant has also proposed for the extractive industry licence for a period of five (5) years.

Consultation:
The proposal has been referred to twelve (12) affected land owners and a further six (6)
government agencies. The closing date for any submissions was 4 April 2008.

None of the four (4) submissions that were received from Western Power, Water Corporation, Main
Roads and the Department of Environment & Conservation had any objection.

One further submission was received from the Roberts Day Group dated 3rd April 2008 on behalf of
Aspen Group for consideration by Council which states:

―…our client is pursuing development opportunities on Lots M2091 and 9500 Great Northern
Highway which is adjacent to the west of the subject site. Whilst still in the early planning phases,
the Shire has indicated in-principle support for a ‗new town‘ proposal on this land.

…There are two key concerns about this proposal.

Firstly,…Pit 3 is located approximately 400m from out clients landholdings, therefore the mining
activities could potentially prevent development approvals being granted on the portion of the land
within this buffer area.

Secondly, there is potential for the mining activities to impact on the amenity of the proposed ‗new
town‘ development. This could occur as a result of noise, dust and additional traffic associated
with the mining activities.

To overcome these potential issues, we suggest adding the following conditions to the approval:

   1. Approval limited to 3 years

According to discussions with the Shire, the applicant has advised that it anticipates the mining
activities to be completed by 2011. Should the applicant wish to extend the approval for clay
extraction beyond 2011, the development timeframes for the proposed ‗new town‘ will be clearly
established at this time for Council to take into consideration.

   2. Requirements for more stringent noise attenuation measures, visual screening and dust
      suppression upon approval of a Structure Plan or rezoning in Lots M2091 and 9500.

This would ensure that the amenity of our clients land is adequately protected should the mining
activities overlap…add no extra burden to the applicant if it completes the mining within the
envisaged 3 year timeframe and/or our client‘s development timeframes are extended.‖

Statutory Environment:
Ordinary Council Meeting Minutes – 16 April 2008                                                  132
State: Planning and Development Act 2005

Local: Shire of Chittering Town Planning Scheme No. 6
The zoning of the land is “Agricultural Resource”. The proposed use is defined as “Extractive
Industry” which means:

― an industry which involves the extraction, quarrying or removal of sand, gravel, clay, hard rock,
stone or similar material from the land and includes the treatment and storage of those materials,
or the manufacture of products from those materials on, or adjacent to, the land from which the
materials are extracted, but does not include industry-mining.‖

Such use is classified as an “A” use within “Agricultural Resource” zoned land. This means that the
use is not permitted unless the Local Government has exercised its discretion by granting Planning
Approval after giving special notice in accordance with clause 9.4.

Clause 9.4 of the Scheme states as follows:

9.4 Advertising of Applications

9.4.1 Where an application is made for Planning Approval to commence a use or commence or
carryout development, which involves a use, which is-
       (a) an ―A‖ use as referred to in clause 4.3.2; or
       (b) a use not listed in the Zoning,
the Local Government is not to grant approval to that application unless notice is first given in
accordance with the provisions of sub-clause 9.4.3.

9.4.2 Despite clause 9.4.1, where application is made for a purpose other than a purpose referred
to in that clause, the Local Government may require notice to be given in accordance with clause
Clause 9.4 of the Scheme, states that the Local Government is not to grant approval to the
application unless notice is first given in accordance with the provisions of sub-clause 9.4.3.

Sub-clause 9.4.3 states:

The Local Government may give notice or require the applicant to give notice or decide to
give notice of an application for Planning Approval in one or more of the following ways-

(a)     notice of the proposed use or development served on nearby owners and occupiers who,
        in the opinion of the Local Government, are likely to be affected by the granting of Planning
        Approval, stating that submissions may be made to the Local Government by a specified
        date not less than fourteen days from the day the notice is served;
(b)     notice of the proposed use or development to be published in a newspaper circulating in
        the Scheme Area stating that submissions may be made to the Local Government by a
        specified day being not less than fourteen days from the day the notice is published;
(c)     a sign or signs displaying notice of the proposed use or development to be erected in a
        conspicuous position on the land for a period of not less than 14 days from the day the
        notice is erected.

After the advertising period, Council shall consider and determine the application.

The objectives of Agricultural Resource Zone land are:

To preserve productive land suitable for grazing, cropping and intensive horticulture and other
compatible productive rural uses in a sustainable manner;
To protect the landform and landscape values of the district against despoliation and land
degradation;
Ordinary Council Meeting Minutes – 16 April 2008                                                133
To encourage intensive agriculture and associated tourist facilities where appropriate;
To allow for the extraction of basic raw materials where it is environmentally and socially
acceptable.

The subject land falls within the following Special Control Areas:

6.4 Basic Raw Materials

6.4.2 Purpose – to secure known basic raw materials resources, and protect future resources.

6.4.3 Planning requirements – Planning approval is required to extend a dwelling or other building
within the Buffer Area.
No new dwellings shall be approved within this buffer area

6.4.4 Whether development in the buffer area will affect future Extractive Industry operations.

5.16 Basic Raw Materials

(a) Extraction of essential materials for roads and construction are to be permitted in areas where
    they will not adversely affect living environments, the landscape quality or contribute to land
    degradation problems during and after operations;
(b) Extraction of basic raw materials within the rural zones is to be managed in accordance with
    best industry practices including consideration of end use and rehabilitation at time of
    decommission;
(c) Appropriate buffer areas are to be applied to protect both the extractive operations as well as
    the living or agricultural environment in nearby areas;
(d) Council will not support development within those buffer areas, which may be detrimental to the
    efficiency of the industries. This is to protect the basic raw materials precincts from
    development that may compromise its operations.

Policy Implications:
Statement of Planning Policy No 2.4 – Basic Raw Materials.

The objectives of the Policy are:

       To identify the location and extent of known basic raw material resources;
       To protect Priority Resource locations, key extraction areas and extraction areas from being
       developed for incompatible land uses which could limit future exploitation;
       To ensure that the use and development of land for the extraction of basic raw materials
       does not adversely affect the environment or amenity in the locality of the operation during
       or after extraction;
       To provide a consistent planning approval process fro extractive industry proposals
       including the early consideration of sequential land uses.

The objectives of the Shire of Chittering Local Planning Policy No. 10 Basic Raw Materials and
Extractive Industry is as follows:

To facilitate extraction of the Shire‘s basic raw materials using best practice;
To provide guidance for the preparation of applications for extractive industry proposals and an
indication of conditions likely to be applied to approved proposals;
To ensure that the use and development of land for extraction of basic raw materials does not
adversely affect the environment or amenity in the locality of the operation during or after
extraction; and
To maintain the rural character of the Shire and minimize the loss of prime agricultural land.

Ordinary Council Meeting Minutes – 16 April 2008                                                  134
Financial Implications:
Nil

Strategic Implications:
Shire of Chittering Local Planning Strategy

10.3 Basic Raw Materials Extraction Areas
The intent is:

    To provide appropriate buffer areas in accordance with State Government and local policies
    and legislation to both protect the workings of extractive industry sites and protect any
    residences, agricultural development and tourism from adverse effects of noise and dust
    emissions;
    Not to support new development within any identified buffer areas which may be detrimental to
    the efficiency of the industries and the issues of basic raw material requirements at the local ,
    regional and State levels;
    In relation to Greenfield site applications for extractive industries, to protect existing residences
    and approved developments by ensuring that all buffer areas are designated so as not to
    encroach detrimentally on existing authorised developments.

Voting Requirement:
Absolute Majority Required:
No

Site Inspection:
Yes

Triple Bottom Line Assessment:
Economic Implications:
The proposal will maintain employment in the area for truck drivers trucking clay from site.
Extracting the resource will be beneficial to the applicant and the State.

Social Implications:
The social implication that would result from approval of this application will see no change in traffic
movements on or off-site.

Environmental Implications:
Rehabilitation plans apply and extend to this application. The settling pond west of the stockpile
will arrest any excess overland flow in a significant storm event. This is a precautionary measure
to prevent stormwater reaching the highway reserve.

Comment:
Area
The area of the subject lot is approximately 309ha. The area that will be opened up for further clay
extraction is 7.12ha to which is added 4.99ha of Pit 2A for a total consideration of 12.11ha. A bank
guarantee from NAB Capital of $36,330.00 expiring on 30 January 2020 provides sufficient cover
in accordance with Basic Raw Materials and Extractive Industries LLP No. 10.

Operation
The remaining pits will have a life of 5 years depending on market demands for the products and
the excavation campaign decided upon. During loading and carting approximately 70-80
combined truck movements is anticipated per day. The carting regime will vary depending on the
weather and demand for a particular type of clay. A typical carting campaign is usually 2-5 days
with several weeks of no activity between each carting regime.

Ordinary Council Meeting Minutes – 16 April 2008                                                    135
The hours of operation will be from 0600hrs - 1800hrs from Monday to Friday and from 0730hrs -
1700hrs on Saturdays and Public Holidays.

No permanent structures will be situated on-site. The equipment will be brought in on a seasonal
basis includes scrapers, a bulldozer, a front-end loader, a water cart, a grader and a portable hut
for site worker amenity. This equipment is removed at the end of each extraction cycle.

Annual Reporting
Austral Bricks has agreed to install 2 water monitoring bores one upslope of Pit 2B and the second
down slope of Pit 2A (where the drainage line exits the property). These results are expected in
the 2009 reporting season.

As the area has been identified as being within the “Agricultural Resource” zone which allows for
extraction of raw materials, consistent with the intent and objectives of the use of the land and
therefore should be supported by Council.

OFFICER RECOMMENDATION TO BE DEBATED AND RESOLVED BY COUNCIL
―That Council:
1 grants planning approval for the proposed extractive industry (Clay) at Lot 83 Great Northern
    Highway, Chittering subject to the following conditions:
   a) This planning consent shall be for a period of three (3) years from the date of issue until
       the 30 June in the year specified as the year of expiration. The proponent may apply for
       an extension of the approval for a further period of up to five (5) years. This application is
       to be made no later than three (3) months prior to the expiry of the current consent
   b) The extractive Industry licence shall apply for a period of three (3) years from the date of
       issue until the 30 June in the year specified as the year of expiration. The proponent may
       apply for an extension of the licence for two further periods of up to two (2) years each.
       Each of these applications is to be made no later than three (3) months prior to the expiry
       of the current licence;
   c) All excavation areas shall strictly comply with any buffer areas designated by any statutory
       authority;
   d) Prior to the issue of an excavation licence a Fire Management Plan is to be prepared to
       the satisfaction of the Chief Executive Officer in accordance with Local Planning Policy
       No. 21;
   e) Prior to the issue of an excavation licence a Refuelling Management Plan is to be
       prepared to the satisfaction of the Council, incorporating:
        i). all on-site fuel storage and refuelling to take place within a lined and bunded area;
        ii). any fuel leakages or spills to be cleaned up within 24 hours;
        iii). as part of the close-out plan, contaminated soil to be disposed of to the satisfaction of
              the Chief Executive Officer.
   f) Prior to the issue of an excavation licence the Applicant shall submit to the Council
       evidence of currency of public liability insurance for the excavation works. The issue of
       the approval shall not, in any way, render the Shire of Chittering liable for damage or injury
       of any kind to any member of the public; such liability shall be the sole responsibility of the
       Applicant. The Applicant shall ensure that he/she and/or the excavating contractor and/or
       transportation contractor hold sufficient public liability insurance cover for any claim
       against them;
   g) Prior to commencement of work on each stage a Soil and Water Monitoring Program,
       including methodology, periodic sampling and analysis by an independent laboratory (to
       be included in the Annual Report) shall be submitted and approved by Council in
       consultation with the Department of Environment incorporating:
       i). Monitoring of removed material, irrespective of whether the excavation area is within a
               location identified as ‗high risk‘ of containing acid sulphate soil material or there is an
               approved ASSMP;
       ii). Monitoring of water quality retained within on-site excavations; and
Ordinary Council Meeting Minutes – 16 April 2008                                                      136
        iii). Montoring of water quality from piezometers.
   h)   Top soil from the excavated areas shall be stockpiled and used where applicable in the
        rehabilitation process;
   i)   All stormwater shall be retained on-site;
   j)   Appropriate dust suppression measures being taken at all times where any operation on
        the site is likely to generate a dust nuisance to nearby residents to the satisfaction of
        Council's Engineering Services and Environmental Health Services;
   k)   Prior to clay transport, water shall be applied to all loads and covered to eliminate dust
        generation during transit;
   l)   Ongoing maintenance of the access road is required that minimizes dust emission from
        machinery and traffic to the satisfaction of Council;
   m)   The operations to comply with the requirements of the Environmental Protection (Noise)
        Regulations 1997 in respect to noise but, not withstanding, the operations to have due
        regard to the health and amenity of any person in the vicinity;
   n)   The development shall comply with the provisions of Council's Town Planning Scheme
        No.6, By-law Relating to Extractive Industries, Health Act 1911, Building Code of Australia
        and any other relevant Acts, Regulations, Local Laws and Council Policies, except where
        varied by this approval;
   o)   Site access shall be to Great Northern Highway for collection and removal of extractive
        materials to the satisfaction and approval of Main Roads Western Australia;
   p)   A maximum of seventy (70) trucks a day is permitted in the operation;
   q)   The hours of operation shall be limited to 0600hrs to 1800hrs Monday to Friday and
        0730hrs to 1700hrs Saturday but not Sunday or on Public Holidays.
        Any proposed operation outside of this time period will require written permission from
        Council;
   r)   Excavation for the extractive industry shall not occur in the following areas:
        i). Within 100 metres of a boundary of any land not owned by the proponent or planning
              consent holder;
        ii). Within 20 metres of any land affected by a registered grant of easement; and
        iii). Within 40 metres of any designated water course;
        iv). Below the level of the winter groundwater table.
   s)   An annual report will be submitted to the Council that includes:
        i). the progress of excavation;
        ii). depth to groundwater from each pit floor;
        iii). Monitoring program results and findings;
        iv). progress of rehabilitation;
        v). contingency actions and outcomes;
        vi). Community complaints and responses.
   t)   Upon decommissioning of each pit, rehabilitation shall take place in accordance with the
        approved Excavation and Final Conformation plans using the stockpiled topsoil and
        replanting of appropriate local native species as recommended by the Local Chittering
        Landcare Coordinator;
   u)   Rehabilitation of the pit to include surface water control measures on all pit faces to
        prevent gully erosion and final batters to be graded to provide safe entry and exit slopes
        should access to standing water within the pit be required or accidentally occur. All dams
        to be filled in as part of the rehabilitation of the site to the satisfaction of the Chief
        Executive Officer;
   v)   Materials imported for rehabilitation or other purposes shall be certified free of dieback or
        other plant diseases;
   w)   Any amendments or variations to the excavation or final conformation plan associated with
        the excavation must be approved in writing by Council;
   x)   The Applicant may be required to enter into an agreement with Council in relation to any
        condition/conditions;
   y)   If the development, the subject of this approval, is not substantially commenced within a
        period of twelve months from the date of the approval, the approval shall lapse and be of
Ordinary Council Meeting Minutes – 16 April 2008                                                 137
       no further effect. Where an approval has lapsed, no further development shall be carried
       out without the further approval of the Chief Executive Officer having first been sought and
       obtained;
   z) Development shall generally occur in accordance with Excavation Plan and Final
       Confirmation Plan submitted with the application for planning approval (Planning
       Application No.82/08);
   aa) Breach of conditions may result in cancellation of this approval;
2    delegates authority to the Chief Executive Officer to issue an Excavation Licence for
  operations at Lot 83 Great Northern Highway, Chittering in accordance with the planning
  consent specified in 1. above, on satisfaction of conditions d, e, and f.

Advice Notes:
1. This approval does not constitute an excavation licence.
2. Any fuel facilities or transportable buildings on site are to be the subject of a separate
   application for planning consent and, if required, a building licence.
3. The Department of Environment and Conservation may require a Works Approval prior to
   commencement of work on site.
4. The Department of Environment and Conservation may require a permit for the clearing of
   native vegetation prior to commencement of work on site.
5. Officers from Chittering Landcare Centre are available to assist the Applicant with respect to
   dieback control, catchment, drainage, plant selection, landscape and rehabilitation matters.
6. The Applicant is referred to the following publications:
   a. Water Quality Protection Note – Extractive Industries, Water and Rivers Commission,
       February 1999;
   b. Water Quality Protection Note – Temporary Above Ground Fuel Storage in Public Drinking
       Water Source Areas, Water and Rivers Commission, October 1998;
   c. Water Quality Protection Note – Contaminant Spills – Emergency Response, Department
       of Water, February 2006;
   d. Water Quality Protection Note – Extractive Industries within Public Drinking Water source
       Areas, Water and Rivers Commission, July 2000;
   e. Water Quality Protection Guidelines No.6, Mining and Mineral Processing - Minesite
       Stormwater, Water and Rivers Commission, 2000,
   f. Environmental Code of Practice – Extractive Industries, Department of Environmental
       Protection, 1990;
   g. Environmental Management of Quarries: Development, Operation and Rehabilitation,
       department of minerals and Energy, 1991;
   h. Local Planning Policy No. 21 – Fire management Plans, Shire of Chittering, November
       2005, as amended.
7. Should an Applicant be aggrieved by a decision of Council, the State Administrative Tribunal
   can be requested to review the decision. Such a request should be lodged within twenty-eight
   (28) days of Council‘s decision.‖

Councillor Motion
Moved Cr Johnston / Seconded Cr Tomlinson
―That the item lay on the table‖

Motion withdrawn with the consent of Council

Amendment
180408
Moved Cr Tomlinson / Seconded Cr Mackie
“That Council inform the proponents of the New Town proposal and advise that the life
span of the operations of the northern operations may be affected by future stringent
noise attenuation conditions.”
                                                                         CARRIED [ 6 – 0 ]
Ordinary Council Meeting Minutes – 16 April 2008                                               138
190408
Amendment
Moved Cr Tomlinson / Seconded Cr Mackie
“That Council Amend condition 1q to read;
   q) The hours of operation shall be limited to 0600hrs to 1800hrs Monday to Friday,
       Saturday, Sunday and Public Holidays will not be permitted.
                                                                        CARRIED [ 5 – 1 ]

The Presiding Member then put the amended motion

200408
Moved Cr Douglas / Seconded Cr Vallance
“That Council:
1. grants planning approval for the proposed extractive industry (Clay) at Lot 83 Great
   Northern Highway, Chittering subject to the following conditions:
   a) This planning consent shall be for a period of three (3) years from the date of issue
       until the 30 June in the year specified as the year of expiration. The proponent may
       apply for an extension of the approval for a further period of up to five (5) years.
       This application is to be made no later than three (3) months prior to the expiry of
       the current consent
   b) The extractive Industry licence shall apply for a period of three (3) years from the
       date of issue until the 30 June in the year specified as the year of expiration. The
       proponent may apply for an extension of the licence for two further periods of up to
       two (2) years each. Each of these applications is to be made no later than three (3)
       months prior to the expiry of the current licence;
   c) All excavation areas shall strictly comply with any buffer areas designated by any
       statutory authority;
   d) Prior to the issue of an excavation licence a Fire Management Plan is to be prepared
       to the satisfaction of the Chief Executive Officer in accordance with Local Planning
       Policy No. 21;
   e) Prior to the issue of an excavation licence a Refuelling Management Plan is to be
       prepared to the satisfaction of the Council, incorporating:
        i). All on-site fuel storage and refuelling to take place within a lined and bunded
              area;
        ii). Any fuel leakages or spills to be cleaned up within 24 hours;
        iii). As part of the close-out plan, contaminated soil to be disposed of to the
              satisfaction of the Chief Executive Officer.
   f) Prior to the issue of an excavation licence the Applicant shall submit to the Council
       evidence of currency of public liability insurance for the excavation works. The
       issue of the approval shall not, in any way, render the Shire of Chittering liable for
       damage or injury of any kind to any member of the public; such liability shall be the
       sole responsibility of the Applicant. The Applicant shall ensure that he/she and/or
       the excavating contractor and/or transportation contractor hold sufficient public
       liability insurance cover for any claim against them;
   g) Prior to commencement of work on each stage a Soil and Water Monitoring
       Program, including methodology, periodic sampling and analysis by an
       independent laboratory (to be included in the Annual Report) shall be submitted
       and approved by Council in consultation with the Department of Environment
       incorporating:
      i). Monitoring of removed material, irrespective of whether the excavation area is
              within a location identified as „high risk‟ of containing acid sulphate soil
              material or there is an approved ASSMP;
      ii). Monitoring of water quality retained within on-site excavations; and
      iii). Montoring of water quality from piezometers.
   h) Top soil from the excavated areas shall be stockpiled and used where applicable in
Ordinary Council Meeting Minutes – 16 April 2008                                          139
        the rehabilitation process;
   i)   All stormwater shall be retained on-site;
   j)   Appropriate dust suppression measures being taken at all times where any
        operation on the site is likely to generate a dust nuisance to nearby residents to the
        satisfaction of Council‟s Engineering Services and Environmental Health Services;
   k)   Prior to clay transport, water shall be applied to all loads and covered to eliminate
        dust generation during transit;
   l)   Ongoing maintenance of the access road is required that minimizes dust emission
        from machinery and traffic to the satisfaction of Council;
   m)   The operations to comply with the requirements of the Environmental Protection
        (Noise) Regulations 1997 in respect to noise but, not withstanding, the operations
        to have due regard to the health and amenity of any person in the vicinity;
   n)   The development shall comply with the provisions of Council‟s Town Planning
        Scheme No.6, By-law Relating to Extractive Industries, Health Act 1911, Building
        Code of Australia and any other relevant Acts, Regulations, Local Laws and
        Council Policies, except where varied by this approval;
   o)   Site access shall be to Great Northern Highway for collection and removal of
        extractive materials to the satisfaction and approval of Main Roads Western
        Australia;
   p)   A maximum of seventy (70) trucks a day is permitted in the operation;
   q)   The hours of operation shall be limited to 0600hrs to 1800hrs Monday to Friday
        Saturday, Sunday and Public Holidays will not be permitted;
   r)   Excavation for the extractive industry shall not occur in the following areas:
        i).    Within 100 metres of a boundary of any land not owned by the proponent or
              planning consent holder;
        ii). Within 20 metres of any land affected by a registered grant of easement; and
        iii). Within 40 metres of any designated water course;
        iv). Below the level of the winter groundwater table.
   s)   An annual report will be submitted to the Council that includes:
        i). The progress of excavation;
        ii). Depth to groundwater from each pit floor;
        iii). Monitoring program results and findings;
        iv). Progress of rehabilitation;
        v). contingency actions and outcomes;
        vi). Community complaints and responses.
   t)   Upon decommissioning of each pit, rehabilitation shall take place in accordance
        with the approved Excavation and Final Conformation plans using the stockpiled
        topsoil and replanting of appropriate local native species as recommended by the
        Local Chittering Landcare Coordinator;
   u)   Rehabilitation of the pit to include surface water control measures on all pit faces to
        prevent gully erosion and final batters to be graded to provide safe entry and exit
        slopes should access to standing water within the pit be required or accidentally
        occur. All dams to be filled in as part of the rehabilitation of the site to the
        satisfaction of the Chief Executive Officer;
   v)   Materials imported for rehabilitation or other purposes shall be certified free of
        dieback or other plant diseases;
   w)   Any amendments or variations to the excavation or final conformation plan
        associated with the excavation must be approved in writing by Council;
   x)   The Applicant may be required to enter into an agreement with Council in relation to
        any condition/conditions;
   y)   If the development, the subject of this approval, is not substantially commenced
        within a period of twelve months from the date of the approval, the approval shall
        lapse and be of no further effect. Where an approval has lapsed, no further
        development shall be carried out without the further approval of the Chief Executive
        Officer having first been sought and obtained;
Ordinary Council Meeting Minutes – 16 April 2008                                            140
   z) Development shall generally occur in accordance with Excavation Plan and Final
       Confirmation Plan submitted with the application for planning approval (Planning
       Application No.82/08);
   aa) Breach of conditions may result in cancellation of this approval;

2 delegates authority to the Chief Executive Officer to issue an Excavation Licence for
  operations at Lot 83 Great Northern Highway, Chittering in accordance with the
  planning consent specified in 1. above, on satisfaction of conditions d, e, and f.

Advice Notes:
1. This approval does not constitute an excavation licence.
2. Any fuel facilities or transportable buildings on site are to be the subject of a separate
   application for planning consent and, if required, a building licence.
3. The Department of Environment and Conservation may require a Works Approval prior
   to commencement of work on site.
4. The Department of Environment and Conservation may require a permit for the clearing
   of native vegetation prior to commencement of work on site.
5. Officers from Chittering Landcare Centre are available to assist the Applicant with
   respect to dieback control, catchment, drainage, plant selection, landscape and
   rehabilitation matters.
6. The Applicant is referred to the following publications:
   a. Water Quality Protection Note – Extractive Industries, Water and Rivers
       Commission, February 1999;
   b. Water Quality Protection Note – Temporary Above Ground Fuel Storage in Public
       Drinking Water Source Areas, Water and Rivers Commission, October 1998;
   c. Water Quality Protection Note – Contaminant Spills – Emergency Response,
       Department of Water, February 2006;
   d. Water Quality Protection Note – Extractive Industries within Public Drinking Water
       source Areas, Water and Rivers Commission, July 2000;
   e. Water Quality Protection Guidelines No.6, Mining and Mineral Processing – Minesite
       Stormwater, Water and Rivers Commission, 2000,
   f. Environmental Code of Practice – Extractive Industries, Department of
       Environmental Protection, 1990;
   g. Environmental Management of Quarries: Development, Operation and
       Rehabilitation, department of minerals and Energy, 1991;
   h. Local Planning Policy No. 21 – Fire management Plans, Shire of Chittering,
       November 2005, as amended.
7. Should an Applicant be aggrieved by a decision of Council, the State Administrative
    Tribunal can be requested to review the decision. Such a request should be lodged
    within twenty-eight (28) days of Council‟s decision.
8. That Council inform the proponents of the New Town proposal and advise that the life
    span of the operations of the northern operations may be affected by future stringent
    noise attenuation conditions.”
                                                                           CARRIED [ 6 – 0 ]




Ordinary Council Meeting Minutes – 16 April 2008                                          141
Appendix 1




Ordinary Council Meeting Minutes – 16 April 2008   142
Appendix 2




Ordinary Council Meeting Minutes – 16 April 2008   143
Cr Hawes returned to the Chambers at 7.58pm, the door was opened.

6.4             ENGINEERING SERVICES
Nil

6.5             FINANCE, ADMINISTRATION & COMMUNITY SERVICES
6.5.1           Finance Review Session

REPORT DATE:                                       8 April 2008
LOCATION ADDRESS:                                  Shire of Chittering
APPLICANT                                          N/A
AUTHOR                                             Denise Gobbart, Executive Manager
                                                   Corporate Services
SENIOR OFFICER                                     John Merrick, Chief Executive Officer
DISCLOSURE OF INTEREST                             No
APPENDICES                                         1. List of Accounts Paid – 29 February 2008
                                                   2. Bank Reconciliation – 29 February 2008
                                                   3. Statement of Financial Activity – 29
                                                      February 2008
DOCUMENTS TABLED                                   Nil

Summary:
The Bank Reconciliation together with the List of Accounts Paid for the period ending 29
February 2008, and the Statement of Financial Activity for the period ending 29 February 2008
are presented for Council‟s information.

Background:
N/A

Consultation:
N/A

Statutory Environment:
Local Government Act 1995 and Local Government (Financial Management) Regulations 1996

Policy Implications:
N/A

Financial Implications:
N/A

Strategic Implications:
N/A

Voting Requirement:
Absolute Majority Required: No

Site Inspection:
Site Inspection Undertaken: Not applicable

Triple Bottom Line Assessment:
Economic Implications:
N/A

Social Implications:
Ordinary Council Meeting Minutes – 16 April 2008                                           144
N/A

Environmental Implications:
N/A

Comment:
Council is requested to endorse the following vouchers as paid;
Trust Vouchers 86-87 totalling $220.00 and Municipal Vouchers 11829 – 11862, EFT1465 –
EFT1545, PR1115, PR1120, PR1130, PR1129 and PR1131 totalling $317,012.34.

Council is requested to receive the financial reports as attached.

OFFICER RECOMMENDATION TO BE DEBATED AND RESOLVED BY COUNCIL
"That Council:
1. endorse the list of Trust Fund Vouchers 86-87 totalling $220.00 and Municipal Fund Vouchers
    11829 – 11862, EFT1465 – EFT1545, PR1115, PR1120, PR1130, PR1129 and PR1131
    totalling $317,012.34, as paid;
2. receive the Bank Reconciliation for the period ending 29 February 2008 as presented;
3. receive the Statement of Financial Activity for the period ending 29 February 2008.‖

210408
Moved Cr Hawes / Seconded Cr Johnston
"That Council:
1. endorse the list of Trust Fund Vouchers 86-87 totalling $220.00 and Municipal Fund
    Vouchers 11829 – 11862, EFT1465 – EFT1545, PR1115, PR1120, PR1130, PR1129 and
    PR1131 totalling $317,012.34, as paid;
2. receive the Bank Reconciliation for the period ending 29 February 2008 as presented;
3. receive the Statement of Financial Activity for the period ending 29 February 2008.”

                                                                            CARRIED [ 7 – 0 ]




Ordinary Council Meeting Minutes – 16 April 2008                                          145
Appendix 1




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Appendix 2




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Appendix 3




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6.5.2            Appointment of Auditor – 1 July 2007 to 30 June 2010

REPORT DATE:                                       1 April 2008
LOCATION ADDRESS:
APPLICANT
AUTHOR                                             Denise    Gobbart,    Executive     Manager
                                                   Corporate Services
SENIOR OFFICER                                     John Merrick, Chief Executive Officer
DISCLOSURE OF INTEREST                             Nil
APPENDICES                                         Nil
DOCUMENTS TABLED                                   Quotations Received

Summary:
The following item was presented to the Audit Committee of Council on Friday 4 April 2008;
Council endorsement of the Committee resolution is required.

Background:
Mr David Tomasi, UNY Haines Norton has been the Councils appointed auditor since 1 July 2004.

The current 3-year contract with Mr Tomasi expired at the conclusion of the audit for the financial
year ending 30 June 2007.

Although the Local Government Act 1995 allows Council to appoint auditors for a period of five
years staff believe that, with the growth and development that this Council faces during this period,
such a long-term contract would be unwise and Audit Quotations were recently called for the
provision of services for the Financial Years ending 30 June 2008, 30 June 2009 and 30 June
2010.

Three quotes were requested on the basis of the minimum standard audit specification specified
pursuant to Department of Local Government Circular. This circular specifies a minimum standard
of audit and certain requirements such as hours, fees, and expenditure, terms, critical audit areas
etc.

Quotations were sought from UHY Haines Norton, WHK Horwath and Byfields Accountants &
Financial Advisers. WHK Horwath advised that local government auditing does not fit their strategic
direction moving forward and did not submit a quote. Two quotes were received as follows:
UHY Haines Norton Chartered Accountants
      Engagement Partner – Mr DJ Tomasi or Mr G Godwin, Alternative Auditor – Mr RB
      Swarbreck.
      Significant audit experience (Mr DJ Tomasi has been involved in Public Practice since 1986,
      and has worked extensively on local government assignments since 1990).
      Currently provides audit services to 70 local governments.
      Estimated 75 hours to complete the audit.
      Cost         30/06/08     $12,430 (GST Inclusive)
                   30/06/09     $13,035
                   30/06/10     $13,640

Byfields Accountants & Financial Advisers
      Engagement Partner – Mr Dale Woodruff assisted by Ms Kiara Willmott.
      Audit experience with 13 local governments (Mr Dale Woodruff a Registered Company
      Auditor and Tax Agent with many years experience and has managed the audit portfolio
      since 1992)
      Currently audit 3 local governments.
      Estimated 40 hours to complete the audit.
      Costs       30/06/05      $6,400 (GST Inclusive)
Ordinary Council Meeting Minutes – 16 April 2008                                                184
                  30/06/06      $6,800
                  30/06/07      $7,200

Significant differences are shown in the cost of audit provision. These relate directly to the hours
allocated to undertake the auditing, which are listed above. When taking into account the hours of
service over the complete term of the contract, the equivalent hourly rates are as follows:

UHY Haines Norton Chartered Accountants            $173.80 per hour
Byfields Accountants & Financial Advisers          $170.00 per hour

In the last year UHY Haines Norton have had two days onsite for the interim audit and three days
for the Annual Audit. Which including travel would equate about 40 hours onsite without taking into
consideration the work done back in their office to finalise the report. In my opinion 40 hours would
be unrealistic to fully undertake our audit requirements.

Consultation:
Nil

Statutory Environment:
Pursuant to the Local Government Act 1995 and Local Government (Audit) Regulations the
Council is required to appoint one or more individual auditors for periods up to 5 years.

Policy Implications:
Nil

Financial Implications:
Council budgets each financial year for audit accounting services to be undertaken.

Strategic Implications:
Nil

Voting Requirement:
Absolute Majority Required: Yes
Site Inspection:
Site inspection undertaken: NA

Triple Bottom Line Assessment:
Economic Implications:
Nil

Social Implications:
Nil

Environmental Implications:
Nil

Comment:
UHY Haines Norton are a respected firm of Chartered Accountants with divisions providing
services in every aspect of a specialist accounting practise. They have, via its antecedent firms,
provided extensive audit and consulting services to local government since 1993. They have a
dedicated local government service team. They are currently audit service providers of 70 local
governments.

With their other value added services such as the provision of a model financial report and model
budget and annual workshop their industry knowledge is highly regarded, and utilised by many non
Ordinary Council Meeting Minutes – 16 April 2008                                                 185
audit clients. These models provide staff with consistent guidelines to follow in respect of statutory
reporting obligations.

UHY Haines Norton has proven to have a high level of experience and knowledge of local
government. With my previous working relationship with UHY Haines Norton, it is my belief that
their appointment during this time of growth and development that this Council faces would be of
value, particularly with their industry knowledge and dedicated experienced staff.

COMMITTEE MOTION TO BE DEBATED AND RESOLVED BY COUNCIL
―That Council appoint Mr D J Tomasi, Mr G Godwin and Mr R B Swarbreck of UHY Haines Norton
Chartered Accountants, as the auditors for the Shire of Chittering for the three (3) year term 1 July
2007 to 30 June 2010.‖

220408
Moved Cr Johnston / Seconded Cr Hawes
“That Council appoint Mr D J Tomasi, Mr G Godwin and Mr R B Swarbreck of UHY Haines
Norton Chartered Accountants, as the auditors for the Shire of Chittering for the three (3)
year term 1 July 2007 to 30 June 2010.”
                                                                        CARRIED [ 7 – 0 ]




Ordinary Council Meeting Minutes – 16 April 2008                                                  186
6.5.3          Sustainability, Strategic Planning, & Possible               Changes     in   Local
               Government Operations & Legislation ( 4.5.3 )

REPORT DATE:                                         8 April 2008
LOCATION ADDRESS:                                    N/A
APPLICANT                                            N/A
AUTHOR                                               John Crothers, Executive Manager Strategic
                                                     & Community Services
SENIOR OFFICER                                       John Merrick, Chief Executive Officer
DISCLOSURE OF INTEREST
APPENDICES                                           1.
                                                     2.
DOCUMENTS TABLED                                     WALGA – “The Journey” [LG] Sustainability
                                                     into the Future

Summary:
WALGA has released a large draft report titled “The Journey: Sustainability into the Future” –
„Shaping the Future of Local Government in Western Australia”. This document has been
supplied to Councillors on a compact disk.

Staff have had less than a month to analyse the document, but 2 “Comments” précis have been
composed, and these are supplied separately to this report.

The WALGA draft report deals with a number of important issues and refinements, but the
principle change that it recommends is that of establishing mandatory regional Councils, with a
range of responsibilities ceded to it by all of the Councils within its region. These can include a
whole raft of responsibilities, such as waste management, road construction and maintenance,
IT operations, a centralised Rating service, and even Planning, if the Councils of a particular
region so decide. Co-operative action and resource sharing has not really occurred within the
VROC group of this region. Serious proposals need to be drawn up, discussions held, and
actions planned for the establishment of a permanent regional Council with effective
responsibility over a range of services.

As for Chittering Shire Council itself, there are many items raised in its recently adopted
Strategic Plan which need to be commenced, but that Plan is seen a merely a starting point,
and a longer term, greater detailed, Plan is needed. Further, it should not be limited to just to the
Council and its organizational matters, but needs to look to economic development actions,
future social issues, etc.

Section 11 of the draft report proposes various legislative changes, and Section 12 proposes a
complete schedule of recommendations by WALGA.

It is recommendation that this Council hold a workshop/forum to discuss the various issues, and
recommendations, contained within the draft report, with a view to adopt a formal position within
the next 4 week period.

Background:
In 2004 the Local Government Advisory Board commenced investigations into the structure of
Local Governments in WA, and in early 2005 released its recommendations which involved many
amalgamation proposals. Within a week of its release the then Minister decided to not proceed with
forced amalgamations. However, given that all of the other state governments have legislated
amalgamations, there remains the possibility that this may occur within 2 years after the next state
election.

Ordinary Council Meeting Minutes – 16 April 2008                                                     187
There are many questions as to the mid term to longer term viability/sustainability of quite a
number of Councils. In mid 2005 WALGA commissioned a “Systematic Sustainability Study” on
this with the final report having been completed in late 2006. Similar studies have been conducted
in other states of Australia. This draft report is the result of many working parties on items raised in
the SSS report, as well as other issues which became obvious as needing consideration.

Consultation:
There is no compulsion on Council to hold any public meetings on the matters contained within the
draft report at this point in time. It is felt that it would be more advantageous for Council
representatives to hold at least 1 forum of its own, and then to have Council representatives attend
meetings its own VROC group of Councils and then put positions before WALGA.

Statutory Environment:
There are no statutory requirements on commenting on this draft report. However, it should be
noted that the report does recommend various statutory/legislative changes

Policy Implications:
Policy implications will follow on if the State Government

Financial Implications:
No significant additional costs are anticipated at this point in time.

Strategic Implications:
Significant implications are expected to result if the WALGA recommendations are adopted

Voting Requirement:
Absolute Majority Required: No

Site Inspection:
Site inspection undertaken: No

Triple Bottom Line Assessment:
Economic Implications:
No significant additional economic implications are anticipated at this point in time.

Social Implications:
Environmental Implications:
No significant social implications or environmental implications are anticipated at this point in time.

Comment:
As stated in the summary, staff have composed a précis and comments section on various matters
raised in the draft report, as well as a similar summary on the various Appendices contained at the
back of that document.

When trying to read the whole of the document, it is considered to be “over wordy”, repetitive on
quite a number of issues, Is somewhat confusing in that each section appears to have been
composed separately to that of the others, and therefore there is non-contiguous page numbering,
and some of the terminology can be confusing – The most obvious is that some of the sections
refer to “Appendix” within their part of the document and attached to them, while there are 7 Major
Appendices at the end of the document.

It needs to be accepted that there has been insufficient time to deal with each and every issue
raised within the draft report, and it is recommended that Council hold a special workshop/forum on
the contents of the draft report, and recommendations contained therein. Staff will attempt to
provide further details at the forum.
Ordinary Council Meeting Minutes – 16 April 2008                                                   188
OFFICER RECOMMENDATION TO BE DEBATED AND RESOLVED BY COUNCIL
―That a special Council forum be held to discuss the contents of the draft report of WALGA on
sustainability of Councils into the future.‖

230408
Moved Cr Mackie / Seconded Cr Johnston
“That a special Council forum be held to discuss the contents of the draft report of
WALGA on sustainability of Councils into the future.”

                                                                           CARRIED [ 7 – 0 ]




Ordinary Council Meeting Minutes – 16 April 2008                                          189
6.5.4          Trails Plan – Master Plan

REPORT DATE:                                         8 April 2008
LOCATION ADDRESS:                                    N/A
APPLICANT                                            N/A
AUTHOR                                               John Crothers, Executive Manager Strategic
                                                     & Community Services
SENIOR OFFICER                                       John Merrick , Chief Executive Officer
DISCLOSURE OF INTEREST                               Nil
APPENDICES                                           A copy of the draft Master Plan has been
                                                     supplied on a CD to Councillors;
                                                     A hard copy is available at the front office;
                                                     A colour copy will be shown at the meeting
DOCUMENTS TABLED                                     As mentioned above

Summary:
A new draft Trails Master Plan has now been completed, and it recommends 9 projects,
development of a Marketing and Promotions Plan, and investigations towards a 10th project,
being the Bindoon-Brockman Centre Trail. The latter project has access issues on private land,
and these will take greater research, and may need to be adopted outside the proposed 5 year
plan.

The total costs of the 9 projects total just over $900,000 to be spread over 5 years. The costs
could be reduced by a higher level of community volunteer involvement. There would, however,
still remain substantial costs involved, and it is recommended that a greater investigation of
grant funding be researched. This would involve putting forward specific proposals to various
funding bodies.

It has already been identified that Chittering Shire Council will have little “Discretionary” monies
available over the next year or two after it pays for its share of roads construction, as well as
funding the net change-over of its Plant and Machinery items. Therefore the planning and
implementation of the construction of the Trails may well need to be varied. It is expected that it be
proposed that work commence on some of the smaller projects over the next 2 years, where
possible.

It is proposed to further investigate financing issues, and these could be advised before any
public meeting.

Background:
There are a number of Trails which were constructed some years ago, but many have had
insufficient maintenance, and require upgrading. There are also some important constructions
needed, so as to bring them up to the latest standards and to complete as much as possible over
the next 6 years.

Walk and Bridle trails are lifestyle items, as well as being a type of visitor activity which is growing
in the tourism industry. However, Council‟s share of the financing will be challenging and therefore
alternative staging of projects may be necessary.

Consultation:
It is proposed that the new draft Trails Plan be put out for public comment, with a public meeting
being proposed. The timing of this meeting may be able to be co-ordinated with other meetings.

Statutory Environment:
There is no statutory environment involved.

Ordinary Council Meeting Minutes – 16 April 2008                                                   190
Policy Implications:
There are no Policy implications, beyond the fact that Trails construction was included in Council‟s
Strategic Plan, and its Financial Plan for the Future

Financial Implications:
Quite significant. The draft report has projects totally $946,850 (Excl. GST). Further, there is little of
the Bindoon-Brockman Trail including in that total, which would bring the total to some $1.3 million
over the next 6 years. While Grants can be obtained, there would still be a significant cost to the
Chittering Shire Council. A greater investigation of grant support should be investigated

Strategic Implications:
Construction of Trails was included in Council‟s recently adopted Strategic Plan (item EDET-11) as
it was intended to form part of Council‟s future direction in Tourism, and lifestyle enhancements.

Voting Requirement:
Absolute Majority Required: No

Site Inspection:
Site inspection undertaken: No - Only if Councillors wishes for this to occur.

Triple Bottom Line Assessment:
Economic Implications:
If the Trails can be upgraded where necessary, and constructed as identified, then greater
numbers of visitors are expected to come to the Chittering Shire area. However, this may not
necessarily translate into large local expenditures by such visitors, and therefore the Trails are to
be treated as part of Council‟s larger overall plan for encouraging greater Tourism, with greater
activities/events to be held.

Social Implications:
Environmental Implications:
For the current and future residents of the Shire, the provision of these walk trails will encourage
healthier life styles, while preservation of the natural environment will also be an important item.

Comment:
The draft Trails Master Plan has now been completed. The costs are high, and therefore detailed
investigations of grants are needed and in-depth communications with various funding bodies are
seen as crucial to determining the extent to which the various projects contained within the plan
can progress forward.

The Trails can be marketed after the main construction work in completed, but it is seen as
important that there also be greater levels of “Activities” held, so as to encourage greater
expenditure by visitors to the area. New proposals on these are currently being drawn up.

OFFICER RECOMMENDATION TO BE DEBATED AND RESOLVED BY COUNCIL
―That
   (a) The draft Trails Master Plan be put out for Public Comment;
   (b) A public meeting be held on the matter before the end of June 2008;
   (c) Detailed investigations be carried out on various sources of funding, with the construction
       proposals to be varied in accordance with the most advantageous positions over the next
       2 years
   (d) Provision be included in Council‘s ‖Financial Plan for the Future‖ over the next 6 years for
       a Council contribution towards Trails upgrading and constructions.‖



Ordinary Council Meeting Minutes – 16 April 2008                                                     191
240408
Moved Cr Douglas / Seconded Cr Mackie
“That
   (a) The draft Trails Master Plan be put out for Public Comment;
   (b) A public meeting be held on the matter before the end of June 2008;
   (c) Detailed investigations be carried out on various sources of funding, with the
        construction proposals to be varied in accordance with the most advantageous
        positions over the next 2 years
    (d) Provision be included in Council‟s “Financial Plan for the Future” over the next 6
        years for a Council contribution towards Trails upgrading and constructions.”

                                                                        CARRIED [ 6 – 1 ]




Ordinary Council Meeting Minutes – 16 April 2008                                       192
Cr Douglas & Cr Vallance declared Impartiality Interests in Item 6.6.1 and remained in the
Chambers.

6.6            CHIEF EXECUTIVE OFFICER
6.6.1          Chittering Tourist Association Lease

REPORT DATE:                                        2 March 2008
LOCATION ADDRESS:                                   Post Office
APPLICANT                                           Chittering Tourist Association (inc)
AUTHOR                                              John Merrick, Chief Executive Officer
SENIOR OFFICER
DISCLOSURE OF INTEREST                              Nil
APPENDICES                                          1. Letter from Chittering Tourist Association
                                                       Inc
                                                    2. Chittering Tourist Association Inc
                                                       2006/2007 Profit & Loss Statement
DOCUMENTS TABLED                                    Nil

Summary:
The Chittering Tourist Association (CTA) has requested Council‟s reconsideration of its
resolution of the 15th August 2007 which required Minter Ellison to prepare a 5 year lease
agreement providing for an annual “rental” of $13000 with the CTA being responsible for all
outgoings.

Background:
In August 2007 a valuation of $13,000 p.a. was quoted as “fair market rental value” for the building
occupied by the CTA and which incudes the operation of a Post Office. While the report (6.5.2 –
Ord Mtg of 15/8/07) referred to s3.58 – LGA – (Disposing of Property) , it did not mention relevant
regulations in determining Council‟s ability to lease the premises to a community based group at
whatever terms it thought appropriate, given that the CTA is a not for profit organisation. As the
attached Profit & Loss statement shows, the net profit for the operation of both the tourism and
post office was a little over $800. Council may agree that both the tourism and post office functions
are, in fact, a valuable community service and that the joint operation provides the basis for very
cost effective tourism component for the benefit of the broader community. The letter from the CTA
indicates a willingness to collaborate with Council in the pursuit of a promotional plan, production of
brochures, website development, grant funding and events management. Council may also agree
that by further developing the relationship between the Shire and the CTA, perhaps the future
expansion of the existing building would provide the possibility for additional community based
services such as a telecentre, bookings service, and motor vehicle licensing???

Consultation:
The Chief Executive Officer has met with the committee of the Chittering Tourist Association

Statutory Environment:
LGA - s3.58 and LGA regulations.

Policy Implications:
Nil

Financial Implications:
Nil

Strategic Implications:
Nil

Ordinary Council Meeting Minutes – 16 April 2008                                                  193
Voting Requirement:
Absolute Majority Required: Yes

Site Inspection:
Site inspection undertaken: Yes

Triple Bottom Line Assessment:
Economic Implications:
Cost effective tourist promotion for the broader community

Social Implications:
Environmental Implications:
Nil

Comment:


OFFICER RECOMMENDATION TO BE DEBATED AND RESOLVED BY COUNCIL
―That Council (by absolute majority) rescind resolution 240807 of the 15th August 2007 and that:
1. the Chief Executive Officer prepare a standard lease agreement which provides for a ten year
   lease of part Lot 2 Great Northern Hwy. Bindoon to the Chittering Tourist Association with the
   following conditions;
               a) Annual rental of $2 (GST Exclusive)
               b) Leasee responsible for all outgoings
               c) Tourism and Post Office continue as partnership
               d) President and CEO to engross the documentation.‖
Amendment
250408
Moved Cr Tomlinson / Seconded Cr Vallance
“That Council amend the lease from a ten year lease to a one year lease”
                                                                                    LOST [ 4 – 3 ]

260408
Moved Cr Hawes / Seconded Cr Mackie
“That Council (by absolute majority) rescind resolution 240807 of the 15th August 2007 and
that:
1. the Chief Executive Officer prepare a standard lease agreement which provides for a
   ten year lease of part Lot 2 Great Northern Hwy. Bindoon to the Chittering Tourist
   Association with the following conditions;
             a) Annual rental of $2 (GST Exclusive)
             b) Leasee responsible for all outgoings
             c) Tourism and Post Office continue as partnership
             d) President and CEO to engross the documentation.”
                                                                          CARRIED [ 5 – 2 ]




Ordinary Council Meeting Minutes – 16 April 2008                                              194
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6.6.2          Perth-Darwin National Highway and Main Roads Structure Plan (12.7.3)

REPORT DATE:                                       29 January 2008
LOCATION ADDRESS:                                  Whole of Shire
APPLICANT                                          N/A
AUTHOR
SENIOR OFFICER                                     John Merrick, Chief Executive Officer
DISCLOSURE OF INTEREST                             Nil
APPENDIX                                           1. Main Roads Structure Plan
DOCUMENTS TABLED                                   Nil

Summary:
A Main Road Structure Plan was presented to Council at the Ordinary Council Meeting 20
February 2008 for endorsement and to reaffirm it‟s support for the up-grading of Great Northern
Highway as the Perth-Darwin National Highway, with a Bindoon Bypass, while protecting the
original western highway route as a contingency measure.
Council resolved the following;

OFFICER RECOMMENDATION TO BE DEBATED AND RESOLVED BY COUNCIL
 ―That Council:
1. reaffirms its support for up-grading Option 2 Great Northern Highway as Perth-Darwin National
   Highway, with a reserve width of 80-100m to accommodate divided carriageways and requests
   Main Roads WA to undertake detailed studies in this regard;
2. would like more information in the land take and impacts of the proposed Bindoon Eastern
   Bypass and requests Main Roads WA to undertake detailed studies in this regard;
3. wishes to protect a road reserve of 80-100m along the route of the initial western Option 1 and
   requests Main Roads WA to continue with detailed studies to define the alignment; and
4. seeks comments from Main Roads WA on the Shire‘s proposed Major Road network.‖

Councillor Motion
Moved Cr Gibson
―That Council:
1. reaffirms its support for up-grading Option 2 Great Northern Highway as Perth-Darwin National
    Highway, with a reserve width of 80-100m to accommodate divided carriageways and requests
    Main Roads WA to undertake detailed studies in this regard;
2. request Main Roads WA to explore alternative routes to the Bindoon Eastern By pass due to
    public concerns.
3. wishes to protect a road reserve of 80-100m along the route of the initial western Option 1 and
    requests Main Roads WA to continue with detailed studies to define the alignment; and
4.. seeks comments from Main Roads WA on the Shire‘s proposed Major Road network.‖

The motion lapsed due to lack of a Seconder.

110208
Moved Cr Gibson / Seconded Cr Mackie
―That the item lay on the table.‖
                                                                             CARRIED [ 6 – 0 ]

Background:
Route location studies for the proposed Perth-Darwin National Highway have been proceeding for
some 10 years. A preliminary alignment for the new road, west of Great Northern Highway, was
included in the Shire‟s Local Planning Strategy, as part of Town Planning Scheme No. 6, which
came into operation in December 2004.

At the 13 April 2005 meeting of Council a request was considered from the Wannamal Community
Ordinary Council Meeting Minutes – 16 April 2008                                             198
for an alternative to the previously selected alignment, referred to as the Mogumber West option. It
was resolved:
―That Council supports the lodgement of the alternative alignment proposed by Ruth Loudon for
the Wannamal Community for the section of the Perth Darwin Highway between Cullalla Road and
Calingiri Road‖

The Study Update document of September 2006, Issue No. 3, addressed the concerns of a
November 2005 public meeting. It dismissed the Mogumber West option but contained a review of
three other route options – the initial alignment, upgrading of the existing Great Northern Highway
(not previously considered) and a Bindoon Northern Bypass which makes greater use of the
existing Highway (favoured by the November 2005 meeting). A survey was carried out of these
three route options.

At the 24 January 2007 meeting of Council it was resolved:
―That Council advise Main Roads WA that its preferred Perth/Darwin Highway alignment be Option
2 – Great Northern Highway as indicated on the Perth/Darwin National Planning Study Update
issue No. 3A dated November 2006, and
That the Chief Executive Officer write a letter to Main Roads advising of Council‘s resolution
without delay‖ (Note: Study Update issue No. 3A differed from issue No. 3 by including an eastern
Bindoon Bypass for an upgraded Great Northern Highway, which was omitted in error)

The Study Update document of December 2007, Issue No. 4 stated that there was little support for
Option 3 (Bindoon Northern Bypass) and while there was a similar level of support for Options 1
(Initial Alignment) and 2 (GNH), there was less opposition to Option 2 (GNH). It acknowledged
Council‟s support for Option 2 (Great Northern Highway).

At the Annual Electors Meeting Mr Lee Martin moved the motion

Moved Lee Martin / Seconded Tom Hayden
―That Council reconsiders the Eastern By-pass around the town.‖
                                                                                         CARRIED

As a separate issue, at the 20 September 2006 Ordinary meeting of Council it was resolved:
“That:-
1. the major road pattern illustrated in Appendix 1 (between Great Northern Highway and the
   western Shire boundary) be adopted:
   a) as the basis for further study;
   b) to guide rural residential subdivision;
   c) for the preparation of documents to amend Town Planning Scheme No. 6;
2 the Western Australian Planning Commission, Main Roads Western Australia and Shire of
   Gingin be advised accordingly.”

Subsequently, further road planning has been undertaken by Administration south of Bindoon, in
connection with infrastructure planning for calculating developer contributions.

Future road needs are becoming much clearer however at this point in time reserves have no
statutory protection and are only being obtained on an ad hoc basis as adjoining land subdivision
takes place.

It is now opportune to;
        ask Main Roads WA to progress studies for the up-grading of Great Northern Highway
        (Option 2), in particular the Bindoon Eastern Bypass;
        decide what is to be done with the initial western route (Option 1); and
        integrate the Shire‟s evolving major road pattern with the proposed highway network.

Ordinary Council Meeting Minutes – 16 April 2008                                               199
Consultation:
Community consultation has been conducted as part of planning the Perth-Darwin National
Highway, and is on-going.

Statutory Environment:
State: Planning and Development Act 2005
Local: Town Planning Scheme No. 6
The Perth-Darwin Highway is not included on the Scheme Map of TPS No. 6 and at this stage has
no legal status. However it does appear on the Local Planning Strategy as a future intention 2001
to 2015.

Policy Implications:
The Shire‟s Local Planning Policy No. 16 Roads and Drainage specifies road reserve widths for
different categories of road, as follows:.

5.1            Road Reserve Widths and Widenings

5.1.1          Preferred urban road reserve widths are as follows:
               a) Important Through Roads – 40m, to allow for future dual carriageway and tree
                  planting;
               b) Other Roads – 20m;
5.1.2          Preferred rural road reserve widths are as follows:
               a) Highways – 80m, to allow for future dual carriageway and landscaping;
               b) Major Roads – 40m, to allow for future dual carriageway and/or landscaping;
               c) Other through roads – 30m;

Note: The standard road reserve width for national highways, adopted by Main Roads WA, is
100m.

Financial Implications:
Nil for Council in relation to Highways as Main Roads WA is responsible for acquisition of land
requirements, construction and maintenance. Council is responsible for Shire roads.

Strategic Implications:
The need for the Perth-Darwin Highway was formally presented in the North East Corridor
Extension Study, final report released by the Western Australian Planning Commission in July
2003.

The need for identifying a main road pattern in advance of urbanization, to minimise costs, was
acknowledged at the Ordinary meeting of 20 September 2006.

Voting Requirement:
Absolute Majority Required: No

Site Inspection:
Site inspection undertaken: Yes

Triple Bottom Line Assessment:
Economic Implications:
Economic implications which would result from early adoption of a plan for future highway and
major road requirements are likely to be significant. Differences in the precise route alignments
are probably minor.

Social Implications:
The sooner road plans are adopted the better, to remove uncertainty.
Ordinary Council Meeting Minutes – 16 April 2008                                            200
Environmental Implications:
Environmental implications are yet to be fully studied and it should be expected that refinements to
plans will be made as knowledge increases.

Comment:
Upgrading of Great Northern Highway (Option 2) appears to be increasingly accepted as the
preferred alignment for the Perth-Darwin National Highway. This means a wider road reserve of
80 to 100m needs to be protected and ultimately acquired for divided carriageways. Council‟s
endorsement of this option includes the Bindoon Eastern Bypass shown on Study Update issue
No. 3A. However, precise plans of the bypass are not yet available and impacts are uncertain.
Main Roads WA should be requested to undertake more detailed studies of the bypass alignment,
in order for Council to determine the implications of these roadworks, before adopting a view on
the final design.

At the Annual General Meeting held on 6 February 2008 a motion was move from the public for
Council to reconsider the Eastern Bypass around the town

A decision needs to be made about the initial western alignment (Option 1). If it is no longer
required it should be deleted from the Local Planning Strategy. If the route is to be protected for a
possible future road, a clear statement should be made in this regard. There is some logic in
having two main roads to the north in future – one of freeway standard for high speed travel and
one for high/wide loads traveling at a lower speed. Also, the indications are that a second main
road parallel to Great Northern Highway will eventually be needed as the Shire urbanizes, in the
same way as Marmion Avenue parallels the Mitchell Freeway up Perth‟s North-Western Corridor.
It is Administration‟s view that the Option 1 alignment with a road reserve width of 80 to 100m
should be retained to provide future flexibility. Main Roads WA should be requested to undertake
further studies on this option so that a more precise alignment can be determined and protected.
The land acquired for the road could used as a parkland corridor until such time as it is needed for
a road.

Both Options 1 and 2 needs to be integrated with the Shire‟s major road pattern as adopted and
further solidifying in the structure plan for infrastructure provision. Main Roads WA should also be
consulted in this regard. When the precise land take for all roads has been defined, Council will be
in the position to offer protection through the town planning scheme.

The Chief Executive Officer is now seeking direction from Council.

OFFICER RECOMMENDATION TO BE DEBATED AND RESOLVED BY COUNCIL
―That Council:
       1. lift the item from the table;
       2. open the item for debate.‖

270408
Moved Cr Hawes / Seconded Cr Johnston
“That Council:
      1. lift the item from the table;
      2. open the item for debate.”
                                                                        CARRIED [ 7 – 0 ]
Councillor Motion
280408
Moved Cr Hawes / Seconded Cr Mackie
“That Main Roads W.A. be informed of the points raised by the Chief Executive Officer
prior to them giving us a briefing.”
                                                                        CARRIED [ 7 – 0 ]
Ordinary Council Meeting Minutes – 16 April 2008                                                201
Appendix 1




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Ordinary Council Meeting Minutes – 16 April 2008   203
7.     REPORTS OF COMMITTEES
7.1         Audit Committee

COMMITTEE RECOMMENDATION TO COUNCIL
―That the Audit Committee meeting minutes from Friday 4 April 2008 be received.‖

290408
Moved Cr Tomlinson / Seconded Cr Mackie
“That the Audit Committee meeting minutes from Friday 4 April 2008 be received.”

                                                                              CARRIED [ 7 – 0 ]




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7.2            Australia Day Committee

COMMITTEE RECOMMENDATION TO COUNCIL
“That the Australia Day Committee meeting minutes from Monday 7 April 2008 be received.”

300408
Moved Cr Tomlinson / Seconded Cr Vallance
“That the Australia Day Committee meeting minutes from Monday 7 April 2008 be received.”

                                                                       CARRIED [ 7 – 0 ]




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8.             ELECTED MEMBERS MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN
               GIVEN
8.1            Cr Johnston - Community Based task force

PREAMBLE
In introducing this Motion I advise that over many previous years certain plans have been prepared
by Councils Planning Staff for the Development of Bindoon. As we are essentially a new Council
we nor the general Community have not had the opportunity to consider these plans or had any
input into these, the last plans I understand are the precinct plans.
It is I believe the right time now to dust off the proposals and seek the Community input into the
Development of Bindoon Locality.
In doing so I believe Council should promote a modern self supporting and vibrant Community into
the 21st century
In a few years the forecasters are predicting fuel prices will reach $3.00 per litre. The Community
will expect and demand a modern vibrant town with modern facilities as residents will no longer be
able to afford the luxury of travel for shopping in Midland or Joondalup
The Community is made up largely of an ageing older generation and I have had many residents
expressing their views and the lack of a Medical Complex. They are seeking my support for the
Development of a modern Medical Multi Purpose Complex incorporating the many facilities that are
available in other Complexes in other Communities
The local Doctor has also expressed an interest as he is unable to provide these additional
services from his present premises this requires residents again to travel to the metro area for
medical treatment
A number of Community members have expressed a desire for an expanded Commercial area
together with a Light Industry area close to town I ask a few questions in this regard
Where can a resident buy a set of tyres for his tractor or vehicle spare parts for the family car, a
chain saw or parts or service, a ball of wool or other items of interest for the crafty woman?
I believe with the right attitude we as a Council can make a large difference to the lives of our
residents.
On a broader scale things may be extended to consider;
A Multi – Purpose Community Centre,
The Development of a Community Based Aged Care Complex together with more Seniors
Housing,
The provision of public transport as 400 children leave the Shire every day for places beyond for
schooling.
What happens when they graduate, there is no employment opportunity within the Shire so they go
to the Metro area for employment just as 80% of the rest of the workforce do every day
Perhaps a new Council motto should be LETS MAKE IT HAPPEN
I commend this motion to establish this Community Based Task Force and nominate the following
persons as members of the taskforce
Cr Don Gibson, Cr Judi Tomlinson, Cr Alex Douglas and Cr Mike Johnston
Neil Griffiths               IGA Bindoon Business representative
Bob Blizzard                 Community member
Maureen Baker                Community member
Alex Mackie                  Community member
Yvonne Press                 WA Tourist Commission
John Merrick                 The Chief Executive Officer Shire of Chittering
Azhar Awang                  Executive Manager Development Services
and other Executive Managers of the Shire of Chittering Staff when required for the development of
Bindoon and I ask for support in moving Bindoon forward to a vibrant modern town and a happy
Community.

Thank you for your patience


Ordinary Council Meeting Minutes – 16 April 2008                                               217
310408
Moved Cr Johnston / Seconded Cr Mackie
“That Council establishes a community based task force to investigate and consider all
past reports for the Development of the Bindoon Townsite.
That the Task Force to also consider and make recommendation in relation to
   1. Urban development of Bindoon;
   2. Medical Centre Development;
   3. Employment Opportunities;
   4. Commercial & Light Industrial Development;
and any other matter that may promote the Bindoon Locality.”

                                                                             CARRIED [ 7– 0 ]


9.             NEW BUSINESS OF AN URGENT NATURE INTRODUCED BY DECISION OF
               THE MEETING – ELECTED MEMBERS, OFFICERS
Nil

10.            NEXT MEETING – 21 May 2008

OFFICER RECOMMENDATION TO BE DEBATED AND RESOLVED BY COUNCIL
―That the next Ordinary meeting of Council be held in the Council Chambers on Wednesday 21
May 2008 commencing at 7:00pm.‖

320408
Moved Cr Douglas / Seconded Cr Mackie
“That the next Ordinary meeting of Council be held in the Council Chambers on
Wednesday 21 May 2008 commencing at 7:00pm.”
                                                              CARRIED [ 7 – 0 ]

11.               CONFIDENTIAL ITEMS
Nil

12.              CLOSURE
There being no further business the Presiding Officer closed the meeting at 8.27 pm.




Ordinary Council Meeting Minutes – 16 April 2008                                           218

				
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