City of Bunbury Council Minutes 1 September 2020 and Minutes... · 2020. 9. 3. · CITY OF BUNBURY 4 Stephen Street Bunbury WA 6230 Western Australia Correspondence to: Post Office

CITY OF BUNBURY 4 Stephen Street

Bunbury WA 6230 Western Australia

Correspondence to: Post Office Box 21

Bunbury WA 6231

Telephone: (08) 9792 7234 ◌ Facsimile: (08) 9792 7184 ◌ TTY: (08) 9792 7370 ◌ www.bunbury.wa.gov.au

City of Bunbury Council Minutes 1 September 2020

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1 September 2020 Agenda – Council Meeting

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1. Declaration of Opening / Announcements of Visitors ........................................................................ 6

2. Disclaimer ........................................................................................................................................ 6

3. Announcements from the Presiding Member .................................................................................... 7

4. Attendance ...................................................................................................................................... 7

4.1 Apologies ......................................................................................................................................... 7

4.2 Approved Leave of Absence ....................................................................................................... 7

5. Declaration of Interest ...................................................................................................................... 8

6. Public Question Time ........................................................................................................................ 8

6.1 Public Question Time .................................................................................................................. 8 6.2 Responses to Public Questions Taken ‘On Notice’ ..................................................................... 9

7. Confirmation of Previous Minutes and other Meetings under Clause 19.1 .......................................... 9

7.1 Minutes ....................................................................................................................................... 9 7.1.1 Minutes – Ordinary Council Meeting 9 7.1.2 Minutes – Council Advisory Committees and Working/Project Groups 9

8. Petitions, Presentations, Deputations and Delegations ...................................................................... 9

8.1 Petitions ...................................................................................................................................... 9 8.2 Presentations .............................................................................................................................. 9 8.3 Deputations .............................................................................................................................. 10 8.4 Council Delegates’ Reports ....................................................................................................... 10 8.5 Conference Delegates’ Reports ................................................................................................ 10

9. Method of Dealing with Agenda Business ........................................................................................ 10

10. Reports .......................................................................................................................................... 11

10.1 Financial Management Report for the Period Ending 31 July 2020 (was listed as item 10.3.1 on the Council Agenda) ........................................................................................................................ 11

10.2 Schedule of Accounts Paid for the 1 July 2020 to 31 July 2020 (was listed as item 10.3.2 of the Council Agenda) ........................................................................................................................ 16

10.3 Proposed Revocation of Management Order Over Reserve 34740, Lot 603 Minninup Road, Withers And Portion Of Reserve 34725, Lot 608 Jacaranda Crescent, Withers (was listed as item 10.3.3 of the Council Agenda) ................................................................................................... 17

10.4 Department of Local Government, Sport and Cultural Industries CSRFF Applications – Forrest Park Pavilion September 2020 (was listed as item 10.4.2 of the Council Agenda) ........................... 20

10.5 Tender – Traffic Management Services (was listed as item 10.5.1 of the Council Agenda) ..... 23 10.6 Bunbury Geographe Tourism Partnership Memorandum of Understanding (was listed as item

10.2.1 of the Council Agenda) ................................................................................................... 26 10.7 Proposed Central Withers Draft Structure Plan (was listed as item 10.4.1 of the Council Agenda)

..................................................................................................................................... 30

11. Applications for Leave of Absence ................................................................................................... 43

12. Motions on Notice .......................................................................................................................... 43

13. Questions on Notice ....................................................................................................................... 43

13.1 Response to Previous Questions from Members taken on Notice .......................................... 43 13.2 Questions from Members ......................................................................................................... 43

1 September 2020 Minutes – Council Meeting

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14. New Business of an Urgent Nature Introduced by Decision of the Meeting ...................................... 43

15. Meeting Closed to Public ................................................................................................................ 43

15.1 Matters for which the Meeting may be Closed ........................................................................ 43 15.2 Public Reading of Resolutions that may be made Public .......................................................... 43

16. Closure ........................................................................................................................................... 43


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Acknowledgement of Country

We acknowledge the Traditional Custodians of this land, the Wardandi Noongar people, and pay our respects to Elders past, present and future.

Vision

Bunbury: welcoming and full of opportunities.

Organisational Values

#WEARECOB

WE ARE COMMUNITY

We are one team We keep each other safe We display empathy and respect We have fun and celebrate our successes We work together to achieve great outcomes

WE ARE OPEN

We are open to opportunities We actively listen and think things through We are inclusive and treat everyone equally We are honest and open in our communications We are open to feedback to improve our performance

WE ARE BRAVE

We lead the change, we own it We trust and empower each other We have the difficult conversations early We hold ourselves to the highest standard We have the courage to improve and simplify


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Nature of Council’s Role in Decision Making Advocacy: When Council advocates on its own behalf or on behalf of its community to another

level of government/body/agency. Executive/Strategic: The substantial direction setting and oversight role of the Council, e.g. adopting plans

and reports, accepting tenders, directing operations, setting and amending budgets. Legislative: Includes adopting local laws, town planning schemes and policies. Review: When Council reviews decisions made by Officers. Quasi-Judicial: When Council determines an application/matter that directly affects a person’s rights

and interests. The Judicial character arises from the obligations to abide by the principles of natural justice.

Examples of Quasi-Judicial authority include town planning applications, building licences, applications for other permits/licences (e.g. under Health Act, Dog Act or Local Laws) and other decisions that may be appealable to the State Administrative Tribunal.


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Minutes 1 September 2020

1. Declaration of Opening / Announcements of Visitors

The Mayor declared the meeting open at 5.30pm and acknowledged the Traditional Custodians of the land, the Wardandi Noongar people and paid his respects to Elders, past, present and future.

2. Disclaimer

The City of Bunbury accepts no responsibility for any act, omission, statement or intimation that occurs during Council Briefings or Council Meetings. The City refuses liability for any loss caused arising out of reliance by any person or legal entity on any such act, omission, statement or intimation occurring during Council Briefings or Council Meetings. Any person or legal entity acting or failing to act in reliance upon any statement, act or omission made during a Council Briefing or Council Meeting does so at their own risk. Please note the recommendations contained in this document are not final and are subject to adoption, amendment (or otherwise) at the meeting. Any statement or intimation of approval regarding any planning or development application made during a Council Briefing or Council Meeting is not to be taken as notice of approval from the City. The City advises that anyone who has an application lodged with the City must obtain and should only rely on WRITTEN CONFIRMATION of the outcome of the application, and any conditions attached to the decision made by Council regarding the application. Copyright Any plans or documents contained within this Agenda and any associated Appendices are Copyright of the City of Bunbury. The content is protected by Australian and International copyright trademark. Content must not be modified or reproduced without written authorisation of the City of Bunbury. Recording and Webstreaming of Meetings • All Ordinary and Special Council Meetings are electronically recorded except when Council

resolves to go behind closed doors • All recordings are retained as part of the City’s records in accordance with the General

Disposal Authority for Local Government Records produced by the Public Records Office • The live stream can be accessed at http://www.bunbury.wa.gov.au/Pages/Live-Stream.aspx • Recordings can be accessed at http://www.bunbury.wa.gov.au/Pages/Council-Meeting-

Videos-2020.aspx • Images of the public gallery are not included in the streaming, however the voices of people

in attendance may be captured and streamed. • If you have any issues or concerns regarding the live streaming and recording of meetings,

please contact the City’s Governance Officer on 9792 7273.

http://www.bunbury.wa.gov.au/Pages/Live-Stream.aspx

http://www.bunbury.wa.gov.au/Pages/Council-Meeting-Videos-2020.aspx

http://www.bunbury.wa.gov.au/Pages/Council-Meeting-Videos-2020.aspx


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3. Announcements from the Presiding Member The Mayor announced that on Saturday 29 August 2020, himself and the Director of Strategy and Organisational Performance attended a meeting with the Western Australian Planning Commission to discuss the Hands Oval change rooms project, which was very well received. The Mayor advised he met with the Vietnamese Consul General who is keen to look at some cultural and business opportunities between the City and Vietnam. The Mayor advised his costs for the month of August were $56.20, being for fuel.

4. Attendance

Council Members: Presiding Member: Mayor G Brennan Members: Deputy Mayor J Miguel Councillor K Turner Councillor B McCleary Councillor T Smith Councillor W Giles Councillor K Steele Councillor A Yip Councillor M Steck Councillor K Plumb Councillor T Brown Councillor J Hayward Executive Leadership Team (Non-Voting) Chief Executive Officer Mr M Osborne Director Sustainable Communities Mr G Barbour Director Strategy and Organisational Performance Mr D Chandler Director Infrastructure Mr G Harris City of Bunbury Officers (Non-Voting) Manager Governance Mr G Golinski Media and Engagement Officer Ms K Fielding Manager Community Facilities Mr D Russell Manager Finance Mr D Ransom Others (Non-Voting) Members of the Public 3

4.1 Apologies

Cr Kozisek was an apology

4.2 Approved Leave of Absence Nil


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5. Declaration of Interest Members should fill in Disclosure of Interest forms for items in which they have a financial, proximity or impartiality interest and forward these to the Presiding Member before the meeting commences. Section 5.60A: “a person has a financial interest in a matter if it is reasonable to expect that the matter will, if dealt with by the local government, or an employee or committee of the local government or member of the council of the local government, in a particular way, result in a financial gain, loss, benefit or detriment for the person.” Section 5.60B: “a person has a proximity interest in a matter if the matter concerns – (a) a proposed change to a planning scheme affecting land that adjoins the person’s land;

or (b) a proposed change to the zoning or use of land that adjoins the person’s land; or (c) a proposed development (as defined in section 5.63(5)) of land that adjoins the

person’s land.” Regulation 34C (Impartiality): “interest means an interest that could, or could reasonably be perceived to, adversely affect the impartiality of the person having the interest and includes an interest arising from kinship, friendship or membership of an association.” Cr Steck declared a proximity interest in item 10.4.1 ‘Proposed Central Withers Draft Structure Plan’ as her partner owns South Bunbury Market place which is on Minninup Road. Cr Smith declared an impartiality interest in item 10.4.1 ‘Proposed Central Withers Draft Structure Plan’ as she is the Director of SWDC. Cr Turner declared an impartiality interest in item 10.4.1 ‘Proposed Central Withers Draft Structure Plan’ as she is the Deputy Chair of the Withers Progress Association. Cr Plumb declared an impartiality interest in item 10.5.1 ‘Tender – Traffic Management Services’.

6. Public Question Time

In accordance with Reg. 7(4)(a) of the Local Government (Administration) Regulations 1996, members of the public in attendance at the meeting may stand, state aloud their name and address, and ask a question in relation to any matter over which the municipality of Bunbury has jurisdiction or involvement. In accordance with Standing Order 6.7(3)(a) a person wishing to ask a question, must complete a question form which is provided in the trays at the back of the public gallery and on the City’s website. The completed form must include your name and address and contain no more than three (3) questions. If your question requires research or cannot be answered at the meeting, it will be taken on notice and you will receive a written response and a summary of your question (and any responses provided) will be printed in the minutes of the meeting.

6.1 Public Question Time Nil


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6.2 Responses to Public Questions Taken ‘On Notice’ Nil 7. Confirmation of Previous Minutes and other Meetings under Clause 19.1

7.1 Minutes

7.1.1 Minutes – Ordinary Council Meeting

The minutes of the Ordinary meeting of the City of Bunbury Council held on 18 August 2020 have been circulated. Recommendation

The minutes of the Ordinary meeting of the City of Bunbury Council held 18 August 2020 be confirmed as a true and accurate record. Voting Requirement: Simple Majority Required Outcome of Meeting 1 Septmeber 2020

The recommendation (as printed) was moved by Cr Giles and seconded by Cr Plumb The Mayor put the motion to the vote and it was adopted to become the Council’s decision on the matter.

Council Decision 193/20

The minutes of the Ordinary meeting of the City of Bunbury Council held 18 August 2020 be confirmed as a true and accurate record. CARRIED UNANIMOUSLY 12 votes “for” / nil votes “against”

7.1.2 Minutes – Council Advisory Committees and Working/Project Groups

Nil 8. Petitions, Presentations, Deputations and Delegations

8.1 Petitions

Nil

8.2 Presentations Nil


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8.3 Deputations Nil

8.4 Council Delegates’ Reports Nil

8.5 Conference Delegates’ Reports Nil

9. Method of Dealing with Agenda Business Standing Order 5.5 permits the Council to adopt the recommendations “by exception” (en-bloc). Pursuant to Standing Order 5.5, the Council “adopted by exception” (i.e. without discussion) those recommendations listed for items 10.3.1, 10.3.2, 10.3.3, 10.4.2, 10.5.1. Items 10.2.1 and 10.4.1 were then discussed and voted on separately. All items have been renumbered with the items voted “by exception” listed first. The items “adopted by exception” were moved by Cr Hayward seconded by Cr McCleary.


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10. Reports 10.1 Financial Management Report for the Period Ending 31 July 2020 (was listed as item 10.3.1 on the

Council Agenda)

File Ref: COB/1647 Applicant/Proponent: Internal Report Responsible Officer: David Ransom, Manager Finance Responsible Manager: David Ransom, Manager Finance Executive: Dave Chandler, Director Strategy and Organisational Performance Authority/Discretion ☐ Advocacy

☐ Executive/Strategic ☒ Legislative

☐ Review ☐ Quasi-Judicial ☒ Information Purposes

Attachments: Appendix DSOP-1: Statement of Comprehensive Income Appendix DSOP-2: Statement of Financial Activity Appendix DSOP-3: Statement of Net Current Assets Appendix DSOP-4: Statement of Financial Position Appendix DSOP-5: Capital Projects Expenditure Summary Appendix DSOP-6: Operating Projects Expenditure Summary Appendix DSOP-7: Monthly Community Financial Report

Summary The following comments are provided on the key elements of the City’s financial performance. 1. Statement of Comprehensive Income (attached at Appendix DSOP-1)

Actual Financial Performance to 31 July 2020 (refer explanations within the report) - Actual income of $46.68M is $48K more than the year-to-date budgeted income of

$46.63M. - Actual expenditure of $4.13M is $39K less than the year-to-date budgeted

expenditure of $4.17M. - Actual operating surplus of $42.54M is $86K more than the year-to-date budgeted

operating surplus of $42.46M. 2. Statement of Financial Activity (attached at Appendix DSOP-2)

Closing Funding Surplus to 30 June 2021 is forecast at $128K, which is $5K more than the budgeted surplus of $123K.

3. Statement of Financial Position (attached at Appendix DSOP-4)

The City’s year-to-date actuals and end of financial year (F/Y) forecast balances are as follows: Year-to-date F/Y Forecast * Current Assets of $86.21M includes:

- Cash and Investments $35.17M $20.40M - Rates Receivable $50.36M $1.81M - Other Current Assets $0.68M $1.19M


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* Current Liabilities of $17.27M includes:

- Trade and Other Payables $10.72M $4.26M - Annual Leave and LSL Provisions $4.26M $4.77M

* Working Capital

(Current Assets less Current Liabilities) $68.94M $11.45M * Equity

(Total Assets less Total Liabilities) $608.27M $563.43M 4. Capital Works (attached at Appendix DSOP-5)

- Actual capital works of $472K is $56K more than the year-to-date budgeted capital works of $416K, (refer explanation within report).

- The progress of capital works is monitored on a monthly basis. - Capital works include a combination of funding sources including municipal, reserve

and grant funds.

5. Operating Project Expenditure (attached at Appendix DSOP-6) - Actual operating project expenditure of $110K is $17K less than the year-to-date

budgeted operating project expenditure of $127K. - Operating projects include a combination of funding sources including municipal,

reserve and grant funds.

Executive Recommendation The Financial Management Report for the period ending 31 July 2020 be received. Strategic Relevance Theme 4: Our City. Goal: Civic leadership, partnerships and sound governance in delivering with and

for the community. Objective No.4.4: A skilled organisation, which exercises responsible asset stewardship, sound

financial management, and exemplary customer service. Background A financial management report is provided to Councillors on a monthly basis which includes the following summaries: - Statement of Comprehensive Income (attached at Appendix DSOP-1) - Statement of Financial Activity (attached at Appendix DSOP-2) - Statement of Net Current Assets (attached at Appendix DSOP-3) - Statement of Financial Position (attached at Appendix DSOP-4) - Capital Projects Expenditure Summary (attached at Appendix DSOP-5) - Operating Projects Summary (attached at Appendix DSOP-6) - Monthly Community Financial Report (attached at Appendix DSOP-7)


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These summaries include end-of-year forecasts based on a monthly review of year-to-date income and expenditure for all accounts. Council Policy Compliance Not applicable. Legislative Compliance In accordance with the provisions of Section 6.4 of the Local Government Act 1995 and Regulation 34 (1) of the Local Government (Financial Management) Regulations 1996, a Local Government is to prepare each month a Statement of Financial Activity (attached at Appendix DSOP-2) reporting on the revenue and expenditure as set out in the annual budget under Regulations 22 (1) (d) for this month. At the Special Council Meeting 28 July 2020, Council adopted that a variance between actual and budget-to-date of greater than or equal to 10% and $25,000 is considered to be a material variance for reporting purposes in the Statement of Financial Activity for 2020/21.

Officer Comments

The Operating Income, Operating Expenditure and Capital Expenditure graphs provide an overview on how the actual income/expenditure is tracking to budget and the previous financial year. Comments are provided on each graph regarding the current financial position.


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The following is an explanation of significant Capital variances identified in the Statement of Financial Activity. Please refer to appendix DSOP-5 and DSOP-6 for more detailed information regarding projects:


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Statement of Financial Activity YTD Actual to Budget Variance

Capital Expenses Acquisition of Assets – Unfavourable year-to-date variance due to the timing of capital expenditure. The capital projects are monitored on a monthly basis. An additional project has been included into the capital budget, which has been funded by the removal of four other projects to allow for emergency roof replacement at Lot 12 Wellington Street (“South’s” Building)– PR-4950. Forecast adjustments have been made and will be included in the September 2020 Budget Review.

($56,476) (14%)

Analysis of Financial and Budget Implications

This Financial Management Report on the financial performance of the City is provided for Councillors information and does not have any financial or budget implications for the 2020/21 financial year. Any forecast changes noted will be included in the September 2020 Budget Review.

Community Consultation

There is no requirement for community consultation on this report. A Monthly Community Financial Report (attached at Appendix DSOP-7) has been prepared to give the community an easy to understand summary of the City’s financial performance. Once received by Council, this report will be made available on the City’s website for community information. Councillor/Officer Consultation

The City’s Executive Team, Department Managers and Finance staff monitor the City’s monthly revenue and expenditure and (as required) refers any variances requiring remedial action to Council. Approved budget amendments are recorded in the financial statements to reflect the City’s current budget and financial position at all times. Outcome of Meeting – Ordinary Council Meeting 1 September 2020 The recommendation (as printed) was moved by Cr Hayward and seconded by Cr McCleary.

The Mayor put the motion to the vote and it was adopted (en-bloc) to become the Council’s decision on the matter.


The Financial Management Report for the period ending 31 July 2020 be received. CARRIED UNANIMOUSLY 12 votes “for” / nil votes “against”


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10.2 Schedule of Accounts Paid for the 1 July 2020 to 31 July 2020 (was listed as item 10.3.2 of the Council Agenda)

File Ref: COB/1647 Applicant/Proponent: Internal Report Responsible Officer: David Ransom, Manager Finance Responsible Manager: David Ransom, Manager Finance Executive: Dave Chandler, Director Strategy & Organisational Performance Authority/Discretion: ☐ Advocacy


☐ Review ☐ Quasi-Judicial ☒ Information Purposes

Attachments: Appendix DSOP-8: Schedule of Accounts Paid Summary

The City of Bunbury "Schedule of Accounts Paid" covering the period 1 July 2020 to 31 July 2020 is attached at Appendix DSOP-1. The schedule contains details of the following transactions;

1. Municipal Account – payments totalling $4,920,751.93

2. Visitor Information Centre Trust Account – payments totalling $2,283.00

3. Bunbury-Harvey Regional Council Municipal Account – payments totalling $573,955.20

Executive Recommendation The Schedule of Accounts Paid for the period 1 July 2020 to 31 July 2020 be received. Outcome of Meeting – Ordinary Council Meeting 1 September 2020 The recommendation (as printed) was moved by Cr Hayward and seconded by Cr McCleary.



The Schedule of Accounts Paid for the period 1 July 2020 to 31 July 2020 be received. CARRIED UNANIMOUSLY 12 votes “for” / nil votes “against”


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10.3 Proposed Revocation of Management Order Over Reserve 34740, Lot 603 Minninup Road, Withers And Portion Of Reserve 34725, Lot 608 Jacaranda Crescent, Withers (was listed as item 10.3.3 of the Council Agenda)

File Ref: COB/3315 Applicant/Proponent: Department of Communities Responsible Officer: Gemma Stewart, Lands Officer Responsible Manager: David Ransom, Manager Finance Executive: Dave Chandler, Director Strategic & Organisation Performance Authority/Discretion ☐ Advocacy


☐ Review ☐ Quasi-Judicial ☐ Information Purposes

Attachments: Appendix DSOP-9: Location Plan Appendix DSOP-10: Subdivision proposal

Summary Department of Communities (the “Applicant”) has requested the City relinquish the management order over Reserve 34740, Lot 603 Minninup Road, Withers and portion of Reserve 34725, Lot 608 Jacaranda Crescent, Withers to enable a linking road to be installed as part of the Withers Structure Plan. A location plan is attached at Appendix DSOP-9 Executive Recommendation That Council agrees to the revocation of the management order over Reserve 34740, Lot 603 Minninup Road, Withers and portion of Reserve 34725, Lot 608 Jacaranda Crescent, Withers to enable a linking road to be installed as part of the Withers Structure Plan; subject to: 1. The revocation of management order over Reserve 34740, Lot 603 Minninup Road, Withers and

portion of Reserve 34725, Lot 608 Jacaranda Crescent, Withers is conditional that the land surrendered is being used for the purpose of the road as part of the Withers Structure Plan.

2. Department of Communities being responsible for all cost associated with the relinquish of

management order. Voting Requirement: Simple Majority Strategic Relevance Theme 3 Our Places and Spaces Goal A natural and built environment that reflects Bunbury’s core values Objective 3.1 A City that is easy to get around with attractive streetscapes and pathways. Theme 3 Our Places and Spaces Goal A natural and built environment that reflects Bunbury’s core values Objective 3.1 High-quality urban design, well planned neighbourhoods with housing

choice, and appropriate provision for diverse land uses to meet the community’s needs.


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Regional Impact Statement The revocation of the management order over Reserve 34740, Lot 603 Minninup Road, Withers and portion of Reserve 34725, Lot 608 Jacaranda Crescent Withers enables the new road to link Minninup Road and Jacaranda Crescent to support the objective of improved external connectivity in Withers. Background The Applicant wrote to the City in June 2020 requesting the City relinquish the management order over Reserve 34740, Lot 603 Minninup Road, Withers and portion of Reserve 34725, Lot 608 Jacaranda Crescent, Withers to enable them to place a new linking road between Minninup Road and Jacaranda Crescent. The linking road will provide a road connection to the precinct from Minninup Road, support pedestrian access to a bus stop and improve the accessibility to existing community facilities. It will also support the development of a strong community hub at the intersection of Minninup Road and Hudson Road in the future. Council Policy Compliance Not applicable Legislative Compliance Revocation of Management Order in accordance with Section 50 of the Land Administration Act 1997 when a management body agrees that its management order should be revoked. Officer Comments The Applicant’s request was presented at the City’s Development Coordination Unit on 16 July 2020 and there were no objections received to the revocation of the City’s management order over Reserve 34740, Lot 603 Minninup Road, Withers and portion of Reserve 34725, Lot 608 Jacaranda Crescent, Withers. It is noted that a subdivision application has been received recently for the land either side of the proposed road (Lot 1 and 2 Minninup Road, Withers owned by Department of Housing), showing the location of the proposed road and residential lots. The proposal is in accordance with the draft Wither Structure Plan (currently with the City for assessment). Analysis of Financial and Budget Implications All costs associated the revocation of the management order will be at the Applicants costs. At a meeting held by the Applicant in October 2019 the South West Development Commission as part of their 2020/2021 budget allocated funding to the new proposed road between Minninup Road and Jacaranda Crescent. Community Consultation Not applicable.


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Elected Member/Officer Consultation The City’s Officers and the Applicant have been in discussion and support the revocation of the management order over Reserve 34740, Lot 603 Minninup Road and portion of Reserve 34725, Lot 608 Jacaranda Crescent, Withers for the new proposed road. Applicant Consultation The City’s officers have been in discussions with the Applicant. Timeline: Council Decision Implementation The Applicant will be contacted immediately should Council agree to the relinquish the management order over Reserve 34740, Lot 603 Minninup Road, Withers and part of Reserve 34725, Lot 608 Jacaranda Crescent, Withers. Outcome of Meeting – Ordinary Council Meeting 1 September 2020 The recommendation (as printed) was moved by Cr Hayward and seconded by Cr McCleary.



That Council agrees to the revocation of the management order over Reserve 34740, Lot 603 Minninup Road, Withers and portion of Reserve 34725, Lot 608 Jacaranda Crescent, Withers to enable a linking road to be installed as part of the Withers Structure Plan; subject to: 1. The revocation of management order over Reserve 34740, Lot 603 Minninup Road, Withers

and portion of Reserve 34725, Lot 608 Jacaranda Crescent, Withers is conditional that the land surrendered is being used for the purpose of the road as part of the Withers Structure Plan.

2. Department of Communities being responsible for all cost associated with the relinquish of

management order. CARRIED UNANIMOUSLY 12 votes “for” / nil votes “against”


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10.4 Department of Local Government, Sport and Cultural Industries CSRFF Applications – Forrest Park Pavilion September 2020 (was listed as item 10.4.2 of the Council Agenda)

File Ref: COB/3368 Applicant/Proponent: Internal Report Responsible Officer: Gary Thompson Responsible Manager: Dave Russell, Manager Community Facilities Executive: Gary Barbour, Director Sustainable Communities Authority/Discretion ☒ Advocacy

☐ Executive/Strategic ☐ Legislative


Attachments: Appendix DSC-10: City of Bunbury CSRFF Application for Forrest Park Pavilion - September 2020 Round Funding

Summary The City of Bunbury intends to submit a Community Sport and Recreation Facility Funding (CSRFF) Forward Planning Application in the September 2020 round of grant funding as part of PR-2403 Replace Forrest Park Pavilion, listed in the 2020/2021 financial year. Council support is required as a condition of the grant application process. Executive Recommendation That Council supports the City of Bunbury CSRFF Forward Planning application of $986,666 from the Department of Local Government, Sport and Cultural Industries for the Forrest Park Pavilion project. Voting Requirement: Simple Majority Required. Strategic Relevance Theme 1 Our Community and Culture Goal A safe, healthy and cohesive community, with a rich cultural life, and

supportive social environment. Objective 1.2 An active community, able to access a wide range of sporting, recreation and

leisure options. Background The Department of Local Government, Sport and Cultural Industries (DLGSCI) administer the CSRFF program for small, annual and forward planning grants. Applications for the current forward planning round are to be submitted to the DLGSCI’s South West Regional Office no later than the 11 September 2020. Successful applications are expected to be advised in January/February 2021. The City’s CSRFF application is attached as an Appendix DSC-10. The CSRFF program operates on a reimbursement system with grants paid to the grantee only. The maximum CSRFF grant approved by the State Government will be no greater than one-third of the total estimated cost of the applicant’s project and must be matched by the applicant’s own cash or in-kind contribution. Furthermore, the balance of the final one-third of requisite funds required is to be sourced by the applicant.


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It is a requirement that the applicant first discuss their proposal with the DLGSCI Regional Manager to enable the receipt of the formal CSRFF application. This process includes the DLGSC assistance to support the application meeting the required application criteria. The City are planning to replace the existing Forrest Park Pavilion with a new multi-purpose facility that will cater for local and district sporting associations who utilise the Forrest Park sports grounds. Project PR-2403 ‘Replace the Forrest Park Pavilion’ is listed within the City’s Long-Term Financial Plan (LTFP) at a total project cost of $5,200,000 with the facility component cost being $2,960,000. The City’s financial contribution for the construction of the multi-sports pavilion is identified as $1,973,332 with the additional 1/3 contribution sought through the DLGSCI CSRFF Forward Planning grant. The City of Bunbury has discussed the Forrest Park Pavilion project with the DLGSCI Regional Manager Troy Jones highlighting the project need, prioritisation and budgeted cost. The project was also identified as the City’s priority CSRFF project at the 2019 project prioritisation meeting held at DLGSCI and attended by all South West Region Local Governments. The DLGSCI requires the Council to provide its support (or otherwise) for projects.

Council Policy Compliance There are no Council policies applicable to CSRFF applications. Legislative Compliance Not applicable. Officer Comments

The current Forrest Park Pavilion was constructed in the 1960’s with minimal upgrades being carried out to the facility since it’s construction. The Forrest Park Pavilion is owned by the City of Bunbury and leased to the Bunbury Dynamos Soccer Club and Marist Cricket Club. The two (2) clubs who utilise the pavilion have a combined membership of approximately five hundred (500) between juniors and seniors (Dynamos Soccer Club 300 members and Marist Cricket Club 200 members). The current pavilion has four (4) changing rooms, spectator toilets, kitchen, kiosk, bar and small function room. The current facility is not fit for purpose as it does not meet current day standards in relation to access and inclusion as well as female usage. The Forrest Park Pavilion is utilised twelve (12) months of the year by both the sporting clubs with this being further justification for the pavilion to be upgraded. The proposed new pavilion at Forrest Park will include four (4) unisex changing rooms, umpire rooms, first aid room, storage, male/female/universal access toilets, kitchen, kiosk and small meeting/function room. It aligns to Council’s endorsed guiding principles for sport and recreation to provide modern, fit for purpose, multi-use and sustainable facilities.


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The City was previously successful in obtaining a forward planning grant in the 2019/2020 CSRFF Forward Planning Grant round for the sum of $400,000 for the Replace Forrest Park Pavilion Project. However, after the City held discussions with the DLGSCI Regional Manager in relation to the Forrest Park Pavilion Project having to be increased in terms of facility size it was agreed that the City would return the $400,000 grant funding on the basis that the City would submit a new forward planning grant application for additional funds due to the Forrest Park Pavilion project scope increasing. Analysis of Financial and Budget Implications PR-2403 ‘Replace Forrest Park Pavilion’ is listed in the City of Bunbury’s Long-Term Financial Plan in the 2020/2021 financial year and identifies grant funding from the DLGSCI through CSRFF. Community Consultation The City of Bunbury has discussed the project with Dynamos Soccer Club, Marist Cricket Club, Football West and Cricket WA with support for the project being received from all Forrest Park stakeholders. The consultation involved numerous meetings to refine the concept design with a number of changes made to meet the needs of the local sporting associations. Councillor/Officer Consultation Relevant officers have been included within the consultation process with City of Bunbury Councillors being updated on the project through two (2) Council Update Meetings in July 2020. Applicant Consultation

The City have liaised with the Department of Local Government, Sport and Cultural Industries in relation to the City’s proposed CSRFF Forward Planning Application. Outcome of Meeting – Ordinary Council Meeting 1 September 2020 The recommendation (as printed) was moved by Cr Hayward and seconded by Cr McCleary.


Council Decision 197/20 That Council supports the City of Bunbury CSRFF Forward Planning application of $986,666 from the Department of Local Government, Sport and Cultural Industries for the Forrest Park Pavilion project. CARRIED UNANIMOUSLY 12 votes “for” / nil votes “against”


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10.5 Tender – Traffic Management Services (was listed as item 10.5.1 of the Council Agenda)

File Ref: RFT2021/002 Applicant/Proponent: Internal Responsible Officer: Jane Parsons, Contracts and Procurement Officer Responsible Manager: David Ransom, Manager Finance Executive: Gavin Harris, Director Infrastructure Authority/Discretion ☐ Advocacy

☒ Executive/Strategic ☒ Legislative


Attachments: Appendix CRUSC-2: Evaluation Report Summary Tenders for the provision of traffic management services have been received and Council is requested to appoint the preferred Tenderer as the Contractor. Executive Recommendation That Council: 1. Endorse the recommended Contractor to provide traffic management services 2. Authorise the Chief Executive Officer to enter into a contract with the recommended Contractor

for the traffic management services Voting Requirement: Simple Majority Strategic Relevance Theme 3 Our Places and Spaces Goal A natural and built environment that reflects Bunbury’s core values Objective 3.1 A city that is easy to get around with attractive streetscapes and pathways Regional Impact Statement The recommended Contractor is based on the Bunbury Geographe region, and employs staff. Background The tender was advertised in the West Australian and the Bunbury South West Times newspapers on 1 July 2020 and 2 July 2020 respectively. The tender document was made available via the City’s procurement portal Vendor Panel. A total of 53 suppliers viewed the advertisement and at closing eight responses were received from:

Tendering Entity Name Address 1 ADVANCED TRAFFIC

MANAGEMENT (W.A) PTY LTD 22 – 24 Clayton Street, Bellevue, WA, 6056

2 ALTUS TRAFFIC PTY LTD Level 1, 660 Lorimer Street, Port Melbourne VIC 3207


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3 CB TRAFFIC SOLUTIONS PTY LTD 3 McCombe Road, Davenport WA 6230 4 SANPOINT PTY LTD TRADING AS

LD TOTAL 172 Burswood Road, Burswood WA 6100

5 OAKS CIVIL CONSTRUCTION PTY LTD

Unit 2, 21 Sholl Street. Mandurah WA, 6210

6 SJ TRAFFIC MANAGEMENT PTY LTD

13 Palmer Crescent, Davenport WA 6230

7 TMSW PTY LTD ATFT TMSW UNIT TRUST (TRAFFIC FORCE)

10 Allnut Court, Davenport WA 6230

8 WARP PTY LTD 22-44 Eva Street, Maddington, WA 6109 The tenders were evaluated using the following criteria: Compliance Criteria – Yes / No answers Qualitative Criteria weighting

1. Value Adding – Weighting 15% 2. Relevant Experience – Weighting 25% 3. Tenderer’s Resources – Weighting 35% 4. Key Personnel Skills and Experience – Weighting 25%

Evaluation of the tender prices (and ranking) has been assessed but because the results are "commercial in confidence" details are listed in a Confidential Report that has been circulated to members under separate cover. Council Policy Compliance Tendering for goods and services is conducted in accordance with: - Purchasing Council Policy - Access and Inclusion Policy Legislative Compliance Advertising and processing of tenders was conducted in accordance with: - Local Government (Functions and General) Regulations 1996, Part 4 Tender for Providing Goods

or Services - Local Government Act 1995

The cost of this procurement exceeds the Chief Executive Officer’s level of authority, therefore it has been dealt with in accordance with Local Government (Functions and General) Regulations 1996 (Part 4 - Tenders for Providing Goods or Services). Officer Comments The Recommended Contractor received the highest qualitative score, and their tendered rates represented the most cost effective response for the City. All members of the evaluation panel have signed a declaration of confidentiality and interest to ensure probity.


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Analysis of Financial and Budget Implications The expenditure for traffic management is through various project based and baseline operational expenditure line items as adopted by Council on an annual basis. Relevant project officers factor in the cost of traffic management into each project based on the tender rates accepted. Community Consultation Not applicable for this procurement. Councillor/Officer Consultation Consultation took place with Director Infrastructure, Manager Engineering and Civil Supervisors to ensure that the tender specification was written to obtain the best quality and price to enable the services to be delivered to a high standard. Applicant Consultation Not applicable for this procurement. Timeline: Council Decision Implementation The Contract will commence within one week of this decision. Outcome of Meeting – Ordinary Council Meeting 1 September 2020 The recommendation (as printed) was moved by Cr Hayward and seconded by Cr McCleary.


Council Decision 198/20 That Council: 1. Endorse the recommended Contractor to provide traffic management services 2. Authorise the Chief Executive Officer to enter into a contract with the recommended Contractor for the traffic management services CARRIED UNANIMOUSLY 12 votes “for” / nil votes “against”

For clarity the recommended contractor was CB Traffic Solutions for a total estimated contract price of $1,860,000 exc GST for the the life of the contract.


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10.6 Bunbury Geographe Tourism Partnership Memorandum of Understanding (was listed as item 10.2.1 of the Council Agenda)

File Ref: COB/851 Applicant/Proponent: Internal Report Responsible Officer: Mal Osborne, Chief Executive Officer Responsible Manager: Mal Osborne, Chief Executive Officer Executive: Mal Osborne, Chief Executive Officer Authority/Discretion ☐ Advocacy

☒ Executive/Strategic ☐ Legislative


Attachments: Appendix CEO-1: Revised Memorandum of Understanding Appendix CRUSC-1: Analysis of Financial Implications

Summary In 2016, a Memorandum of Understanding (MOU) was entered into between the Shires of Dardanup, Collie, Harvey, Capel, Donnybrook-Balingup and Boyup Brook as well as the City of Bunbury to deliver outcomes listed within the Regional Tourism Development Strategy. At the Council Meeting held 10 December 2019, Council resolved (Decision 341/19) as follows:

That Council: 1. Endorses an extension of the Bunbury Geographe Tourism Partnership (BGTP)

Memorandum of Understanding from 12 December 2019 to 30 June 2020. 2. Subject to item 1, notes:

a) the extension is to allow the completion of a review of the MOU and consideration by all member local governments of their continuing involvement and investment into BGTP by March 2020.

b) the outcomes of the March 2020 MOU review will be presented to each Council for consideration and confirmation on their position on the BGTP involvement post 30 June 2020.

c) the financial provision of 30% of the City’s annual contribution by invoice from the City of Bunbury, to enable the ongoing engagement of the Tourism Marketing and Development Manager for the extended period of the MOU.

The anticipated return of the draft MOU has unfortunately not been able to be met due to other impacts and increased attention being required to be focused due to COVID-19. On 3 August 2020 a meeting of the Bunbury Geographe Tourism Steering Committee was held to allow for consultation on a draft MOU and structure moving forward. As a result of this meeting, Members reviewed and progressed the development of a draft MOU for the period 1 July 2020 to 30 June 2024. A copy of the revised MOU is attached at Appendix CEO-1. Executive Recommendation That Council reaffirms the City of Bunbury’s commitment to Regional Tourism by: 1. Authorising the CEO to execute the Bunbury Geographe Tourism Partnership (BGTP)

Memorandum of Understanding for the period 1 July 2020 to 30 June 2024;

2. Requesting the CEO include appropriate funding in Councils Budgets for the four (4) year term of the MOU.


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Voting Requirement: Simple Majority Strategic Relevance Theme 2 Our economy Goal A thriving and dynamic economy, that plays to its strengths, and confidently

presents to the world. Objective 2.1 Bunbury builds on its competitive advantages, supports innovation and

celebrates business success Objective 2.2 Bunbury is known far and wide for its strengths as a place to live, visit and do

business Regional Impact Statement It is considered that the renewed commitment to the Bunbury Geographe Tourism Strategy will continue to strengthen the region’s tourism profile and the outcomes of partnerships. It is considered that the continuation of the MOU will provide a coordinated approach to the development of tourism and marketing of the region that will see reduced competition between towns and a pooling of resources that will increase reach and effectiveness of tourism marketing campaigns. The recommitment by each of the collaborating Councils toward its implementation will demonstrate the continued regional approach to tourism, which will continue to offer increased opportunities for tourism development initiatives particularly through State initiatives and funding programs. Background On 3 August 2020 a meeting of the Bunbury Geographe Tourism Steering Committee was held for to allow for consultation on the MOU and structure moving forward. As a result of this meeting, Members reviewed and developed a new MOU for the period 1 July 2020 to 30 June 2023. Members of the Bunbury-Geographe Tourism Advisory Working Group (TAWG), representing the tourism industry across the region were also in attendance and provided valuable input and sought the expedient introduction of a new MOU. With the events surrounding COVID-19 and the state border closures, the Regional Tourism Strategy stakeholder group considered now more than ever, the benefit of a further four (4) year MOU. This will establish a further operational and governance model, allow continued regional buy in and the development and implementation of a continued stronger regional brand. For this reason, the group considers the continued employment of the Tourism Marketing and Development Manager or the delivery of the action plan by a third party, to be beneficial in order to continue the delivery of high priority areas of destination marketing. It is felt that the renewed commitment to the Bunbury Geographe Tourism Strategy will continue to strengthen the regions tourism profile and partnerships. It is considered that the continuation of the MOU will provide a coordinated approach to the development of tourism and marketing of the region that will see reduced competition between towns and a pooling of resources that will increase reach and effectiveness of tourism marketing campaigns.


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The previous MOU was successfully implemented, and as a result of the previous Council Decision 10 December 2019, a comprehensive review the MOU and structure is being undertaken. The governance model that has been proposed under the proposed four (4) year MOU will ensure an ongoing commitment to prioritisation, implementation and review of Bunbury-Geographe Regional Tourism and Marketing. This was developed in cooperation with the member Councils of the Steering Committee along with members of the TAWG, ASW and the SWDC, to create a unified approach to the management of tourism development, marketing and infrastructure. Council Policy Compliance There is no Council Policy relevant to this report. Legislative Compliance There is no Legislative Compliance relevant to this report. Officer Comments With the recent events of 2020 surrounding COVID-19 and the state border closures, the Bunbury-Geographe Tourism Partnership Steering Committee (Steering Committee) consider now more than ever, the benefits of a further four (4) year MOU. A meeting was held 3 August 2020 where members of the Steering Committee and TAWG agreed to approach each member Council for support in entering into a new Memorandum of Understanding for a further four (4) year period. This will establish a further operational and governance model, continued regional buy-in and develop and implement a continued and stronger regional brand. For this reason, the group considers the continued employment of the Tourism Marketing and Development Manager or the delivery of the action plan by a third party, to be beneficial in order to continue the delivery of high priority areas of destination marketing. It is intended that the Steering Committee, which is comprised of the CEO’s of the member LGA’s, will determine how the implementation of the Tourism Action Plan is delivered into the future. That is, the decision to have the implementation delivered by an employee (as it is currently) or by a third party, which is the preferred model at this point in time. Further details on this option will be circulated under separate cover.

The Councils in the Bunbury Geographe Region have the continued opportunity to take a regional approach to Tourism and Marketing and lift the profile of the region on both a State, National and once the COVID-19 restrictions ease, International stage. The purpose of the MOU is to create a unified approach to the management of tourism development, marketing and infrastructure and continue the relationship with the members and identify and promote key areas of focus including: • Identifying tourism opportunities, priorities and gaps • Developing a unified tourism brand for the region • Marketing, governance and product development • Identifying infrastructure and product development priorities. To achieve this there needs to be a regional approach to tourism and marketing, and this has proven effective when lobbying for funding. Whilst this often crosses local government boundaries, there should not be conflicting positions when there is a true regional outcome. This is particularly evident with projects such as the Bunbury Outer Ring Road which crosses many local government boundaries.


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Analysis of Financial and Budget Implications Please refer to confidential Appendix CRUSC-1. Community Consultation Not Applicable Elected Member/Officer Consultation The proposal is for Council to endorse a further four (4) year Memorandum of Understanding to allow the continued implementation of a Regional Tourism Marketing campaign. Elected Members are aware of the partnership that the City and the Shires of Dardanup, Harvey, Donnybrook-Balingup, Boyup Brook, Collie and Capel have formed in relation to the Bunbury Geographe Regional Tourism Partnership. Timeline: Council Decision Implementation The recommitment by each of the collaborating local governments toward its implementation will demonstrate a continued regional approach to tourism, which will continue to offer increased opportunities for tourism development initiatives particularly through State funding programs. Upon all member Councils agreeing to proceed with singing the new four (4) year Memorandum of Understanding, the implementation timeframes for the program to deliver the destination marketing, development and industry liaison will be able to will be effective immediately. Outcome of Meeting – Ordinary Council Meeting 1 September 2020 The recommendation (as printed) was moved by Cr Hayward and seconded by Cr McCleary. The Mayor put the motion to the vote and it was adopted to become the Council’s decision on the matter.


That Council reaffirms the City of Bunbury’s commitment to Regional Tourism by: 1. Authorising the CEO to execute the Bunbury Geographe Tourism Partnership (BGTP)

Memorandum of Understanding for the period 1 July 2020 to 30 June 2024; 2. Requesting the CEO include appropriate funding in Councils Budgets for the four (4) year

term of the MOU. CARRIED 10 votes “for” / 2 votes “against” Mayor Brennan and Crs Brown, McCleary, Plumb, Yip, Smith, Turner, Giles, Hayward, and Miguel voted ‘for’ Cr Steele and Cr Steck voted ‘against’


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10.7 Proposed Central Withers Draft Structure Plan (was listed as item 10.4.1 of the Council Agenda)

File Ref: SP/2019/1/1 Applicant/Proponent: Department of Communities Responsible Officer: Justin Biggar, Planning Officer Responsible Manager: Felicity Anderson, Manager City Growth Executive: Gary Barbour, Director Sustainable Communities Authority/Discretion ☐ Advocacy

☒ Executive/Strategic ☐ Legislative


Attachments: Appendix DSC-1 - Location Plan Appendix DSC-2 – Draft Local Structure Plan Report Appendix DSC-3 - Draft Local Structure Plan Map Appendix DSC-4 – Local Water Management Strategy Appendix DSC-5 – Bushfire Hazard Level Assessment Appendix DSC-6 – Transport Impact Assessment Appendix DSC-7 – Engineering Servicing Report Appendix DSC-8 - Schedule of Local Government Modifications Appendix DSC-9 - Schedule of Submissions

Summary The proposed draft structure plan submitted by the Department of Communities (DoC) for Central Withers, being the area bounded by Westwood Street, Minninup Road, Hudson Road and Parade Road, proposes a number of measures to assist in the regeneration of the area, including the rezoning of vacant land, improved connectivity through the provision of additional road connections and upcoding of large under-developed sites to incentivize future redevelopment. The proposed draft structure plan has been publicly advertised in accordance with the deemed provisions of the Regulations for a period of 28 days. The draft structure plan, with recommended corrections and modifications is now presented to Council to seek a recommendation to the Western Australian Planning Commission (the WAPC or Commission) for its consideration to endorse.

Executive Recommendation That Council: 1. Pursuant to Schedule 2, Part 4, clause 20 of the Planning and Development (Local Planning

Schemes) Regulations 2015, recommend to the Western Australian Planning Commission that the proposed draft Central Withers Structure Plan, be approved subject to satisfactorily incorporating additions and corrections as identified in the Schedule of Local Government Modifications

2. Pursuant to Schedule 2, Part 4, clause 21 of the Planning and Development (Local Planning Schemes) Regulations 2015, Council waive all applicable fees payable to the local government for assessment of the structure plan.

3. Advise the applicant, landowner and submitters of Council’s decision. Voting Requirement: Simple Majority


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Strategic Relevance Theme 3: Our places and spaces Goal: A natural and built environment that reflects Bunbury’s core values. Objective 3.3 High-quality urban design, well-planned neighbourhoods with housing choice, and

appropriate provision for diverse land uses to meet the community’s needs. Regional Impact Statement The adoption of the proposed draft structure plan by the WAPC will not expect to have a regional level or scale of impact or significance, beyond the suburban area of Withers. Background The Central Withers structure plan area is located approximately five kilometres south of the Bunbury city centre and forms a land parcel of 52 hectares. The area includes a mix of private lots, community housing, vacant land owned by the DoC, the State or under Management Order with the City of Bunbury (the City), the Withers Library, Hudson Road Family Centre and Des Ugle Park. A location plan is attached at Appendix DSC-1. The structure plan area is included in the wider locality subject of the Withers Local Area Plan (LAP) produced in 2015 by a range of stakeholders, including the City, DoC, South West Development Commission (SWDC) and residents. The LAP identified the preparation of several structure plans for the suburb to further guide land use and development. Under Local Planning Scheme No. 8 (LPS8 or the Scheme), the area is predominately zoned ‘Residential’ with a split density coding of R20/30 apart from a stretch of properties along Hudson Road with a residential density of R20/40. The structure plan area includes the Withers Public Library and Hudson Road Family Centre both of which are located on ‘Civic and Community’ reserved land. There are four large vacant landholdings currently zoned ‘Urban Development’ and the area known as ‘Armstrong Way’ is identified as a ‘Development Areas Special Control Area.’ As per Part 4 of Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015 (the Regulations), a structure plan may be prepared for an area within the ‘Urban Development Zone.’ Approval has been sought and received from the WAPC for a structure plan to be prepared over the entire area rather than individual structure plans being prepared for individual parcels of land. This enables a coordinated approach to the urban renewal of the site ensuring adequate vehicle and pedestrian connections, suitable residential densities and sufficient areas of public open space are provisioned in an orderly manner. Council Policy Compliance The following documents of the State and local planning frameworks are the primary references and statutory planning instruments applicable to the assessment of the proposed draft structure plan: - Planning and Development Act 2005; - Planning and Development (Local Planning Schemes) Regulations 2015; - State Planning Policy 2.0 Environment and Natural Resources; - State Planning Policy 3.0 Urban Growth and Settlement; - State Planning Policy 7.0 Design of the Built Environment; - State Planning Policy 3.7 Planning in Bushfire Prone Areas;


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- Liveable Neighbourhoods (2009); - Structure Plan Preparation Guidelines (2012); - Draft Structure Plan Framework (2015); - Transport Impact Assessment Guidelines: Volume 2 - Planning Schemes, Structure Plans and

Activity Centre Plans (2016); - Greater Bunbury Region Scheme; - City of Bunbury Local Planning Strategy for Activity Centres and Neighbourhoods (2010); - City of Bunbury Local Planning Strategy (2018); and - City of Bunbury Local Planning Scheme No. 8 (LPS8). The proposed draft structure plan complies with the deemed provisions under Part 4, clause 16(1) of the Planning and Development (Local Planning Schemes) Regulations 2015, which is to be read as part of the Scheme. The City of Bunbury’s local planning framework of associated land use and urban design strategies and local planning policies will continue to be relevant and have effect throughout the subsequent subdivision and development assessment stages. Legislative Compliance Following conclusion of public advertising in accordance with the Regulations, the local government is to consider all submissions received, and subsequently provide to the WAPC a recommendation on whether the proposed draft structure plan should be approved by the Commission, including any recommended modifications. In accordance with the Regulations, there is a 60-day timeframe for a local government to provide this information to the WAPC. Should the proposed draft structure plan be approved, the proposed zoning shown on the proposed draft structure plan map will need to be implemented through a ‘basic’ amendment to LPS8. Once the structure plan has been endorsed, the local government and the WAPC is to have due regard to the structure plan in considering any future applications for subdivision and development approval. Officer Comments The full draft of the Local Structure Plan Report, containing Part 1 (implementation section) and Part 2 (explanatory section) is attached at Appendix DSC-2. A number of accompanying technical reports and supporting information supplement the draft structure plan as proposed, which are also attached as Appendices DSC-3 through to DSC-7 of this report. The proposed draft structure plan was accepted for public advertising on the basis of it constituting sufficient information commensurate with the scale of planning being undertaken, and in the manner and form as required under the Regulations. In response to the submissions received, and based on the officers’ assessment of the proposal, it can be advised that the draft structure plan as proposed is generally supported, subject to a number of modifications and corrections. The proposed modifications are recommended to provide flexibility in the future development of the area and clarification of the development requirements during subsequent stages of the planning process.


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Recommended Modifications As contained in the Schedule of Local Government Modifications, attached at Appendix DSC-8, several modifications are recommended to the proposed structure plan, in addition to minor corrections. The primary recommendations are tabled below with further commentary provided within the report under the relevant heading. Recommended Modifications

Rationale

Zoning and Land Use

The portion of land at the corner of Hudson and Minninup Road identified as ‘Civic and Community Reserve’ to remain in the ‘Urban Development Zone.’

To provide greater flexibility in the future development of the site and to allow a range of residential and/or community purpose land uses consistent with the overall vision of the Withers urban renewal project.

Allows for further detailed investigation of the appropriate use of this site consistent with the objectives of the Western Australian Planning Commissions Activity Centres for Greater Bunbury Policy. It is recommended the future land uses are integrated and support the adjacent ‘Neighbourhood Centre Zone’.

It is further recommended that health, welfare and community services should be consolidated within the ‘Neighbourhood Centre Zone’ consistent with the zone objectives under LPS8.

The portion of ‘Residential Zone’ land owned by the DoC that sleeves Site A to be included in the ‘Urban Development Zone’, or the lot boundaries are regularised to provide additional housing (through an increase in lot size) and regular lot boundaries.

To provide greater flexibility in the future development of the site it is recommended the DoC owned sites are similarly included in the ‘Urban Development Zone.’ This would provide an opportunity to investigate the opportunity for additional housing and, ensure lots are created with regular lot shapes to enable development.

Alternatively, the boundaries of Site A are modified to achieve a more regular boundary to facilitate the delivery of development capable of residential development.

Residential Density and Built Form

Identify high density lots shown on the structure plan map as requiring the preparation of Local Development Plans (LDP) to guide built design outcomes for future development.

A structure plan is not intended to determine built form outcomes but rather ‘residential density, subdivision and the co-ordination of infrastructure on a neighbourhood scale.’


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Recommended Modifications

Rationale

As such it is considered appropriate to require the preparation of LDP’s for the high density sites to best craft an appropriate design response.

Public Open Space (POS)

POS 5 as identified on the structure plan map to be retained but relocated approximately 16m to the south

The proposed POS is located on the side of a steep hill. It is considered the development of POS in conjunction with residential development on the side of a hill will pose development challenges and additional expenses. It is recommended the existing road design is investigated to be modified to incorporate the POS and access road at the top of the hill as this may be a more affordable option. This would be similar to the City’s previous Town Planning Scheme No.7.

POS 9 as identified on the structure plan map to be removed and shown as ‘Residential Zone’ with indicative road and/or PAW shown within the locality to enable a connection between Stallard Place and Mawson Place.

Noting the full allocation of water licenses and the excess of POS within the immediate locality, it is considered appropriate to remove the proposed POS and consolidate with the adjoining ‘Residential Zone.’

It is recommended an indicative road or pedestrian link is provided between Stallard Place and Mawson Place to improve pedestrian and/or vehicle permeability for Withers. It is noted that all parcels of land within this locality are owned by the Department of Housing and as such the exact location of the future PAW or road could be determined at the detailed design stage during the proposed redevelopment of the area.

POS 10 as identified on the structure plan map being removed and shown as ‘Residential Zone’ with indicative road and/or PAW shown within the locality to enable a connection between Poinciana Place and Jacaranda Crescent

The proposed POS measures 22m in width and 62m in length with a gradient of approximately 1:6.2. Given the steep incline, the installation of an accessible PAW or POS would be difficult to achieve and maintain. It also raises a public liability issue for the City.

It is recommended the POS is integrated into the adjacent proposed ‘Residential Zone’ with an indicative PAW if desired shown on the structure plan map subject to future investigation at the LDP stage.

Tree Retention


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Recommended Modifications

Rationale

Remove tree retention clauses within the structure plan report.

Adequate protection of native vegetation is provided through relevant legislation (Environmental Protection Act 1986) State Planning Policy 7.3 Residential Design Codes (clause 5.1.1 site area and clause 3.3 tree canopy and deep soil areas) and LPS8 (clause 46 Tree Preservation Orders)

Zoning and Land Use The objectives of the ‘Urban Development Zone’ which form part of the subject area are as follows: - To provide an intention of future land use and a basis for more detailed structure planning in

accordance with the provisions of this scheme. - To provide for a range of residential densities to encourage a variety of residential

accommodation. - To provide for the progressive and planned development of future urban areas for

residential purposes and for commercial and other users normally associated with residential development.

- To provide an intermediate transitional zone following the lifting of an urban deferred zoning within the Greater Bunbury Region Scheme.

The proposed draft structure plan is considered consistent with the zoning objective of both the region and local planning schemes, in providing for residential development at an appropriate density that encourages the construction of suitable dwelling types in the locality. The proposed draft structure plan map is attached at Appendix DSC-3. As identified by the LAP, the delivery of a community hub to act as a focal point for community activity and a landmark gateway was identified as a key outcome for the suburb. Accordingly, the lots located in the north west corner of the structure plan area that currently accommodate the Withers Library have been included in the ‘Civic and Community Reserve,’ to assist in delivering this outcome.

However, it is noted the adjacent ‘Neighbourhood Centre’ at the corner of Minninup and Hudson Road is currently under-utilised with several vacant and/or derelict buildings, including the service station site. In addressing the need for regeneration of the ‘Neighbourhood Centre,’ it is considered prudent to explore the potential for consolidation of commercial and community purpose land uses within the existing centre. Locating the community hub on the existing library site may risk a fragmented approach and further stagnation of the adjacent centre. As such, it is recommended that the lots in the north west corner of the structure plan identified as ‘Civic and Community Reserve’ remain in the ‘Urban Development Zone.’ This will provide flexibility in the final development proposed for the site, whether it be entirely residential or a mix of land uses. It is further recommended that the portion of ‘Residential Zone’ land owned by the DoC that sleeves ‘Site A’ is also included in the ‘Urban Development Zone.’ Future development will be subject of further master-planning to be conducted by the City, the DoC and relevant stakeholders.

Residential Density and Built Form


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The draft structure plan proposes a wider range of densities than currently exists to better provide housing diversity and choice. It is proposed to remove the split density coding for the suburb and up-code large sites within the area to incentivize redevelopment and help drive investment and regeneration of the area. In removing the split density coding for the structure plan area, clause 26 of the Scheme will no longer be applicable. The intent of the clause is to deliver better urban design outcomes in infill areas by securing a shared accessway between two lots. A shared accessway results in a reduction in crossovers, improved streetscape amenity and a better dwelling arrangement for achieving setbacks to dwellings. It is noted that most of the sites within the subject locality are restricted to a maximum of two dwellings at the higher density. Subsequently, clause 26 would not apply in any instance. As such, the recommendation of the structure plan document to remove the split density in favour of the higher density is supported. The removal of the split density is not considered to impact the applicability of clause 26 in other areas of split coding within the City. It is considered that the simplification of the subdivision process will better encourage redevelopment of privately held property within the suburb.

Several large sites currently zoned R20/30 are proposed for higher densities of R60 and R80. These sites are a combination of DoC and private ownership. The higher densities broadly align with the requirements of the WAPC’s Liveable Neighbourhoods (2009) operational policy, which identifies higher density lots near areas of high amenity and neighbourhood centres (Element 3, R4). The structure plan area is in the vicinity of the ‘Neighbourhood Centre’ located at the corner of Hudson and Minninup Road. More broadly, Withers enjoys a central location in proximity to major employment centres at the Edith Cowan University and South West Health Campus and has easy access to recreation areas including Hay Park and Maidens Reserve. The mix of densities proposed for the area will provide the necessary framework to deliver a range of housing types to cater for single professionals, families and elderly residents. The high density lots follow the spine of Public Open Space (POS) that runs through the suburb and will ideally incentivize the development of high quality grouped or multiple dwellings fronting green space. Locating higher density along the POS spine will provide both an attractive setting for dwellings and increased surveillance of the POS corridor to assist in minimizing anti-social behaviour. As per clause 2.3 of the Structure Plan Framework (2015), a structure plan is not intended to determine built form. It is considered appropriate to require the preparation of a Local Development Plan (LDP) for those lots where development criteria apply as identified on the structure plan map to best craft a suitable design response for each site. LDP’s are useful to coordinate and assist in achieving better built form outcomes, specifically for lots that abut POS and/or with specific site constraints such as steeply sloping land. In accordance with the Framework for Local Development Plans (2015), the preparation of an LDP for the subject sites is considered appropriate in this instance. The current design requirements contained within the structure plan report at Table 3 are recommended for insertion into Part 2 (explanatory section) as supporting guidelines rather than specific development guidance. This will allow greater flexibility in the redevelopment of the sites. The above modification is reflected in the Schedule of Local Government Modifications attached at Appendix DSC-8.


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Traffic and Road Network The road network within the Central Withers area historically suffers from poor connectivity with numerous cul-de-sacs and dead ends, resulting in excessively long road trips and restricted access for emergency and public services. Several additional connections were implemented through LPS8 at the following points:

• Davenport Way – Rand Court • Hooper Place – Stallard Place • Mawson Place – Reynolds Way

The works required to complete the road connections shown in LPS8 are not funded at this point. The structure plan proposes several new connections at the below locations to further improve permeability and the more efficient distribution of internal traffic within the suburb:

• Minninup Road – Jacaranda Crescent • Hudson Road – Jacaranda Crescent • Hester Place – Jacaranda Crescent • Parade Road – Reynolds Road

The proposed road layout for the draft structure plan area broadly complies with the requirements of Element 2 (Movement Networks) of Liveable Neighbourhoods (2009) and is considered to improve access throughout the suburb. The access streets generally meet the recommended lengths required by the policy and provide perimeter blocks for dwellings to be orientated towards a continuous street frontage.

A Transport Impact Assessment (TIA) has been provided in support of the proposed draft structure plan that is consistent with the requirements of the WAPC’s Transport Impact Assessment Guidelines: Volume 2 - Planning Schemes, Structure Plans and Activity Centre Plans (2016), as attached at Appendix DSC-6. The assessment has indicated that traffic volumes can be adequately accommodated by the existing local road network.

It is noted that except for the Minninup Road – Jacaranda Road connection, none of the additional connections are funded or planned to be delivered in the short term. Subject to available government funding, additional connections beyond those shown on the structure plan map may be explored in the future to further improve the permeability of the area. The investigation of the additional connections in no way inhibit the delivery of the proposed structure plan outcomes.

Public Open Space (POS) The central Withers area currently enjoys an excess of POS with 13% provided. The structure plan proposes additional POS that will result in a total provision of 17% across the structure plan area. Development Control Policy 2.3 – Public Open Space in Residential Areas, establishes a 10% POS requirement for the subdivision of land. It is further noted that the existing POS (Des Ugle Park, Moriarty Park and Hudson Road Park) satisfies the requirements of Element 4 of Liveable Neighbourhoods, being within a 400m walkable catchment for all dwellings within the structure plan area. Noting the full allocation of the Yarragadee South aquifer and the excess of POS within the locality it is considered beneficial to rationalise POS assets to minimize ongoing costs and ensure that existing POS can be maintained to a suitable standard. Revitalisation should focus on the quality of existing


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parks rather than additional POS. As such, changes are proposed to rationalise and provide useable POS as summarised in the Recommended Modifications Table.

Rationalisation of POS will enable adequate funds towards the maintenance and upgrade of existing parks and particularly assist in the revitalisation of the linear park that runs through the suburb (I.D 6, 7 & 8) which has potential to be transformed into a great neighbourhood space. As identified in the structure plan report, the linear park is an important green corridor with the potential to provide a safe pedestrian/cyclist link through the suburb from the neighbourhood centre (South Bunbury Marketplace) to nearby facilities at Hay Park, ECU and the South West Health Campus. Notwithstanding the above recommendation, additional POS can be provided at further development and subdivision stages should it be considered site appropriate. Given the area is already well served by POS, the City would not require the provision of POS (actual or cash-in-lieu) at subsequent subdivision stages. One of the key issues to be addressed through the revitalisation of Withers is the use of PAWS for anti-social and criminal activities. The provision of any POS or Public Access Ways (PAWS) if established will need to be thoughtfully designed to ‘design out crime’. This can be through the provision of adequate lighting, landscaping, passive surveillance of adjoining properties or even artwork which can transform a transit corridor into a destination in itself.

As contained in the Schedule of Local Government Modifications, officers recommend that a landscape plan and an associated management plan be submitted at the time of subdivision, in order to ensure ongoing maintenance costs can be considered during the design process of the POS. This may enable xeriscaping of any proposed POS with water wise plant species, thus negating the requirement for reticulated water for irrigation purposes given water licenses are fully allocated. The development and landscaping of the local structure plan area, including areas dedicated as POS, will also need to ensure compliance with any associated bushfire management plans and required asset protection zones. A landscape management plan must demonstrate that the structure plan area will comply with the approved bushfire management plan in perpetuity.

Tree Retention Part 1 of the structure plan report includes several clauses pertaining to the retention of trees on private and state-owned land. The clearing of any native vegetation is prohibited under Section V of the Environmental Protection Act 1986, unless an exemption applies under the Act (i.e. subdivision or development approval has been granted under the Planning and Development Act 2005). Additionally, LPS8 contains provisions for the protection of trees through clause 46 Tree Preservation Orders. Regarding concessions for private development of land, it is noted that State Planning Policy 7.3 – Residential Design Codes Volume 1 provides a 5% variation to site area where an environmental feature is protected. However, this can be only approved by the Commission not the City. Considering the protections that are already provided in the overarching statutory document and legislation and in the interests of avoiding duplication of requirements, it is not considered necessary for the structure plan to contain tree retention provisions. As reflected in the Schedule of Modifications, the relevant clauses are recommended for removal.

Stormwater Management


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A Local Water Management Strategy (LWMS) has been provided as a technical appendix to the structure plan and is attached at Appendix DSC-4. The document was subject to input from the City and the Department of Water and Environmental Regulation (DWER) during preparation with the final document accepted as meeting the relevant standards and requirements of the respective authorities. The key outcome of the LWMS document is for the onsite retention of all stormwater flows up to the 1 in 100 year storm event for the high density sites (R60 and R80) as discussed at Part 2, Section 3.5.2 of the structure plan report. Stormwater modelling completed as part of the LWMS indicated that on-site retention was achievable due to the separation from groundwater and freely draining sand within the locality.

By retaining on site, the ongoing function of the City’s drainage system is protected from increased stormwater flows generated by the increase in density and impervious area. As per DWER’s referral recommendation, onsite retention of the 1% AEP is to form a subdivision requirement to be detailed at Part 1, Section 4 of the structure plan report. Where it is proposed by a landowner to utilize the City’s drainage system rather than retain on-site, further modelling of the drainage system will be required to demonstrate downstream impacts can be appropriately managed.

Bushfire Risk Management The Department of Fire and Emergency Services (DFES) bushfire prone area mapping has identified a small portion of the subject land as a ‘Bushfire Prone Area,’ being the eastern portion of the Armstrong Way site, identified as Site G on the structure plan map. In accordance with the requirements of State Planning Policy 3.7 Planning in Bushfire Prone Areas, a Bushfire Hazard Level (BHL) assessment, attached at Appendix DSC-5 has been provided as a technical appendix to the structure plan. In their referral comments, DFES considered the information provided insufficient to support the structure plan document as it did not meet the methodology outlined in the Guidelines for Planning in Bushfire Prone Areas (the Guidelines). Following further consultation and clarification with DFES on their comments, it is noted the objection concerned format rather than content. As such, in the opinion of the local government, the provided assessment is considered sufficient to support the structure plan. While not conveyed in the preferred format as per the Guidelines, the provided BHL details the assessable vegetation within 100m of the site, the applicable bushfire hazard level for the site and demonstrates compliance with the four elements of bushfire protection (location, siting, vehicular access and water supply). Noting the low bushfire risk on site as per the findings of the BHL, it is considered that the requirements of SPP 3.7 can be suitably addressed at subsequent planning stages through the preparation of a more detailed Bushfire Management Plan (BMP). Detailed officer comments in relation to the DFES referral is provided in the Schedule of Submission attached at Appendix DSC-9.

Mosquito Breeding Area The subject site is located within an identified mosquito breeding and mosquito-borne disease risk area. It is therefore recommended that Part 2 of the proposed draft structure plan report be updated to include the following requirements:


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(a) notification on titles to be required as a condition of subdivision to notify future land owners of the risk of mosquito-borne diseases.

Conclusion In conclusion, officers recommend that the WAPC be advised that the proposed draft structure plan is generally supported, subject to modifications of a technical nature. The recommended modifications will provide greater clarity of the development requirements at subsequent subdivision and development stages, and to also address concerns raised in submissions. A schedule of the City of Bunbury’s recommended modifications and corrections to the proposed draft structure plan is attached at Appendix DSC-8.

Analysis of Financial and Budget Implications As detailed in the report, the outcomes of the structure plan have not been fully funded at this stage with much of the funding beyond the day to day budgetary programming of the City and DoC. The structure plan will be beneficial in allowing the City to plan the allocation and prioritization of funding from its forward works budget and program implementation over the long term. Pursuant to this, prior to further subdivision and/or development occurring, the City, DoC and other relevant stakeholders will formulate an Implementation Plan to establish appropriate cost sharing and funding arrangements for the staged delivery of the structure plan outcomes, including but not limited to: • Upgrade of road and footpath network and delivery of additional connections; • Public open space provision and upgrades to existing parks in particular improvement of the

linear park link should be a priority; • Land transfer and land tenure requirements, including lifting of management orders and

devesting of reserves where required; • Road closures and new road reserve creation; • PAW closures and amalgamations; • Redevelopment of State-owned land; and • Investigation and master planning of the ‘community hub’.

As reflected in the Executive Recommendation, DoC has requested that Council waive all fees payable to the local government for the preparation of the structure plan. Community Consultation Public advertising of the proposed draft structure plan to all landowners and occupiers within the structure plan area occurred in accordance with the deemed provisions of the Regulations for a period of 28 days, with advertising formally closing on 3 July 2020.

Referral to the following state government agencies and public utility providers also occurred in accordance with the deemed provisions of the Regulations during the public advertising period: - Department of Planning, Lands and Heritage (DPLH); - Department of Water and Environmental Regulation (DWER); - Department of Biodiversity, Conservation and Attractions (DBCA); - Environmental Protection Authority (EPA); - Main Roads Western Australia (MRWA); - Department of Fire and Emergency Services (DFES);


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- South West Development Commission (SWDC); - Water Corporation (WaterCorp); - Aqwest; - ATCO Gas Australia; and - Western Power. As detailed previously in the report, DFES recommended modifications to the provided bushfire assessment to meet the requirements of State Planning Policy 3.7. The details of all comments received, together with a response from the City of Bunbury’s officers is contained within the Schedule of Submissions attached at Appendix DSC-9.

Councillor/Officer Consultation The proposal has been referred to the Executive Leadership Team (ELT) and to the Development Coordination Unit (DCU) for professional advice and technical assessment prior to the finalisation of this report.

Applicant Consultation A copy of the schedule of modifications and corrections to the proposed draft structure plan has been provided to the applicant. Discussions between the relevant stakeholders, being the DoC, the Bunbury Development Committee (BDC), the City and the DPLH will be ongoing until the final form of the structure plan is determined by the Commission.

Timeline: Council Decision Implementation Subject to Council’s endorsement of the recommendation, the proposed draft structure plan documentation and accompanying schedule of submissions will be forwarded to the WAPC for its determination. Upon formal advice of the Commission being received of its approval, a copy of the finalised structure plan will be made publicly available through the following means: - public notification published in a locally circulated newspaper; - electronic copies of the document posted on the City of Bunbury’s website; and - hard copies of the document made available at the City of Bunbury’s customer service centre

and libraries.


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Outcome of Meeting – Ordinary Council Meeting 1 September 2020 Cr Steck declared a proximity interest in this item and left the chambers at 5.35pm. The recommendation (as printed) was moved by Cr Hayward and seconded by Cr Turner. The Mayor put the motion to the vote and it was adopted to become the Council’s decision on the matter.


That Council: 1. Pursuant to Schedule 2, Part 4, clause 20 of the Planning and Development (Local Planning

Schemes) Regulations 2015, recommend to the Western Australian Planning Commission that the proposed draft Central Withers Structure Plan, be approved subject to satisfactorily incorporating additions and corrections as identified in the Schedule of Local Government Modifications

2. Pursuant to Schedule 2, Part 4, clause 21 of the Planning and Development (Local Planning Schemes) Regulations 2015, Council waive all applicable fees payable to the local government for assessment of the structure plan.

3. Advise the applicant, landowner and submitters of Council’s decision. CARRIED 11 votes “for” / nil votes “against”

Cr Steck returned to the Chambers at 5.38pm.


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11. Applications for Leave of Absence Nil

12. Motions on Notice Nil 13. Questions on Notice

13.1 Response to Previous Questions from Members taken on Notice Nil

13.2 Questions from Members

Nil

14. New Business of an Urgent Nature Introduced by Decision of the Meeting Nil

15. Meeting Closed to Public 15.1 Matters for which the Meeting may be Closed Nil

15.2 Public Reading of Resolutions that may be made Public

Nil

16. Closure

The Mayor declared the meeting closed at 5.39pm.

Confirmed this day, 15 September to be a true and correct record of proceedings of the City of Bunbury Council Meeting held on 1 September 2020.

_______________________________ Mr Gary Brennan

MAYOR

City of Bunbury Council Minutes 1 September 2020 and Minutes... · 2020. 9. 3. · CITY OF BUNBURY 4 Stephen Street Bunbury WA 6230 Western Australia Correspondence to: Post Office

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