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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 4 August 2020
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City of Bunbury Council Minutes 4 August 2020 and Minutes...7.1.1 Minutes – Ordinary Council Meeting 9 7.1.2 Minutes – Council Advisory Committees and Working/Project Groups 9

Sep 17, 2020

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Page 1: City of Bunbury Council Minutes 4 August 2020 and Minutes...7.1.1 Minutes – Ordinary Council Meeting 9 7.1.2 Minutes – Council Advisory Committees and Working/Project Groups 9

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 4 August 2020

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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’ ..................................................................... 8

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 7.1.3 Minutes – Special Council Meeting 9

8. Petitions, Presentations, Deputations and Delegations .................................................................... 10

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

9. Method of Dealing with Agenda Business ........................................................................................ 11

10. Reports .......................................................................................................................................... 12

10.1 Preliminary Financial Management Report for the Period Ending 30 June 2020 (was listed as 10.3.1 in the Agenda) ................................................................................................................ 12

10.2 Schedule of Accounts Paid for the Period 1 June 2020 to 30 June 2020 (was listed as item 10.3.2 on the Agenda) ......................................................................................................................... 20

10.3 Bunbury a Digital City (was listed as item 10.3.3 on the Council Agenda) ............................... 21 10.4 Appointment of New Youth Advisory Council Committee Members (was listed as item 10.1.1 on

the Council Agenda) .................................................................................................................. 25 10.5 2021 State Election – City of Bunbury Priorities (was listed as 10.2.1 on the Council Agenda)28 10.6 Proposed Variable Digital Billboard Sign at lot 334 (#14) Broadway, Pelican Point (was listed as

item 10.4.1 on the Council Agenda) .......................................................................................... 36 10.7 Department of Local Government, Sport and Cultural Industries CSRFF Application (was listed as

item 10.4.2 of the Council Agenda)........................................................................................... 44 10.8 Demolition of Dwelling and Construction of New Single House, Garage and Outbuilding at Lot 1

(#7) Park Street, Bunbury (was listed as item 10.4.3 on the Council Agenda) ......................... 47

11. Applications for Leave of Absence ................................................................................................... 56

12. Motions on Notice .......................................................................................................................... 56

13. Questions on Notice ....................................................................................................................... 56

13.1 Response to Previous Questions from Members taken on Notice .......................................... 56

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13.2 Questions from Members ......................................................................................................... 56

14. New Business of an Urgent Nature Introduced by Decision of the Meeting ...................................... 56

15. Meeting Closed to Public ................................................................................................................ 56

15.1 Matters for which the Meeting may be Closed ........................................................................ 56 15.2 Public Reading of Resolutions that may be made Public .......................................................... 56

16. Closure ........................................................................................................................................... 56

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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 4 August 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.

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3. Announcements from the Presiding Member

The Mayor acknowledged and welcomed Freeman of the City, Mr John Castrilli who was in attendance. The Mayor noted the passing of Mr Nick Zaknic who was a former City of Bunbury Councillor. The Mayor represented the City at his funeral on Friday to pay his respects.

4. Attendance

Council Members: Presiding Member: Mayor G Brennan Members: Deputy Mayor J Miguel Councillor K Turner Councillor B McCleary Councillor T Smith Councillor C Kozisek 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 Community Partnership Officer Ms D Wellington Trainee Community Services Mr T Blyth Others (Non-Voting) Members of the Public 2

4.1 Apologies Nil

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.” Nil

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 6.2 Responses to Public Questions Taken ‘On Notice’ Nil

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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 21 July 2020 have been circulated. Recommendation

The minutes of the Ordinary meeting of the City of Bunbury Council held 21 July 2020 be confirmed as a true and accurate record. Voting Requirement: Simple Majority Required Outcome of Meeting 4 August 2020

The recommendation (as printed) was moved by Cr Giles 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.

Council Decision 170/20

The minutes of the Ordinary meeting of the City of Bunbury Council held 21 July 2020 be confirmed as a true and accurate record. CARRIED UNANIMOUSLY 13 votes “for” / nil votes “against”

7.1.2 Minutes – Council Advisory Committees and Working/Project Groups Nil 7.1.3 Minutes – Special Council Meeting

The minutes of the Special meeting of the City of Bunbury Council held on 28 July 2020 have been circulated. Recommendation

The minutes of the Special meeting of the City of Bunbury Council held 28 July 2020 be confirmed as a true and accurate record. Voting Requirement: Simple Majority Required

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Outcome of Meeting 4 August 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.

Council Decision 171/20

The minutes of the Special meeting of the City of Bunbury Council held 28 July 2020 be confirmed as a true and accurate record. CARRIED UNANIMOUSLY 13 votes “for” / nil votes “against”

8. Petitions, Presentations, Deputations and Delegations

8.1 Petitions

Nil

8.2 Presentations Nil

8.3 Deputations Nil

8.4 Council Delegates’ Reports Nil

8.5 Conference Delegates’ Reports Nil

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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 and 10.3.3 Items 10.1.1, 10.2.1, 10.4.1, 10.4.2 and 10.4.3 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 Plumb.

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10. Reports 10.1 Preliminary Financial Management Report for the Period Ending 30 June 2020 (was listed as 10.3.1

in the Agenda)

File Ref: COB/1642 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 Note that this is a preliminary report to 30 June 2020 and is subject to change as end-of-year figures have not been finalised including transfers to and from reserves, employee provisions, restricted cash, final calculation of depreciation and asset revaluation. Council will receive a final report after the annual audit due to commence 21 September 2020. 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 30 June 2020 (refer explanations within the report) - Actual income of $57.33M is $474K more than the annual budgeted income of

$56.85M. - Actual expenditure of $62.06M is $4.79M less than the annual budgeted expenditure

of $66.85M. - Actual operating deficit of $4.73M is $5.27M less than the annual budgeted

operating deficit of $10.00M. 2. Statement of Financial Activity (attached at Appendix DSOP-2)

The forecast Closing Funding Surplus for 30 June 2020 is $5.39M, which is $5.16M more than the Budgeted Closing Funding Surplus of $231K. The adjusted forecast Closing Funding Surplus after including the following will result in an estimated Unallocated Closing Funding Surplus of $52K. Forecast Closing Funding Surplus to 30 June 2020 $5,390,155 Less: Projects not finalised in 2019/20 carried forward to 2020/21 $4,480,007* 2020/21 Financial Assistance Grants received in advance $858,637 Unallocated Closing Funding Surplus at 30 June 2020 $51,511

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*Total capital and operating projects carried forward to 2020/21 is $15,379,059, of which $4,480,007 is unrestricted cash, with the remaining amount of $10,899,052 being funded from reserves, loans and grants.

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

The City’s actual balances are as follows: Actual * Current Assets of $41.68M includes:

- Cash and Investments $38.29M - Rates Receivable $1.88M - Other Current Assets $1.51M

* Current Liabilities of $15.70M includes:

- Trade and Other Payables $9.28M - Annual Leave and LSL Provisions $4.23M

* Working Capital

(Current Assets less Current Liabilities) $25.98M * Equity

(Total Assets less Total Liabilities) $565.78M 4. Capital Works (attached at Appendix DSOP-5)

- Actual capital works of $15.95M is $11.77M less than the annual budgeted capital works of $27.72M, (refer explanation within report).

- 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 $4.57M is $4.08M less than the annual budgeted operating project expenditure of $8.65M.

- Operating projects include a combination of funding sources including municipal, reserve and grant funds.

Executive Recommendation That the Preliminary Financial Management Report for the period ending 30 June 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.

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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) 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 25 June 2019, 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 2019/20.

Officer Comments

Due to the COVID-19 restrictions the City was forced to close community facilities during part of the year and also agreed to provide the community and businesses with reduced fees and interest relief. Fees and Charges were impacted significantly and resulted in $1.2M less than originally budgeted for in 2019/20. This is mainly due to a reduction in Sports facility fees, charges and memberships, paid parking, selected commercial leases, outdoor eating fees and new street trading licences. Expenditure was also reduced with a reduction in employee costs (mostly from casual employees, uniform allowances and staff training), capital expenditure and operating materials and contracts. Budgets were reduced based on facility closures, state and federal restrictions and where projects can be deferred to a later date. These were included in the June 2020 Budget Review. 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 Operating and Capital variances identified in the Statement of Financial Activity. Please refer to appendix DSOP-5 and DSOP-6 for more detailed information regarding projects:

Statement of Financial Activity YTD Actual to Budget Variance

Operating Revenue Other Revenue – Favourable variance mainly due to higher than anticipated income for private works ($12.5K), sale of scrap metal ($8K), minor asset sales ($8K) and additional commercial waste collections ($6K).

$36,057 13%

Operating Expenditure Materials and Contracts – Favourable variance is mainly due to the projects not being completed and carried forward to the 2020/21 financial year. The main carried forward projects are:

PR-4588 Dredging of Pelican Point Grand Canal - $518K PR-4773 Implement CBD Action Plan – $496K PR-3877 Management of funds for the Bunbury Marine -

$352K PR-3665 Koombana Bridge (Bridge 1319) - $314K PR-4944 Relief, Recovery and Promotion (COVID-19) - $300K PR-4268 Renewable Energy Efficient Projects - $234K PR-4449 Implement South West Sport Centre (SWSC) - $197K PR-4249 Implement Economic Development Strategy – $169K PR-4771 Implement Bunbury Promotional Strategy - $158K

$4,518,620 24%

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PR-4930 Prepare feasibility study and concept design - $140K PR-4789 Connect with Asia - $80K

Utilities – Savings have been achieved in utilities due to favourable variances in Electricity ($184K) and Water ($85K) expenses for the year. Electricity charges are still being finalised and this variance is expected to decrease by $35K.

$296,729 11%

Capital Revenues Grants and Contributions for the Development of Assets – Unfavourable variance due to a change in accounting policy to recognise grants when utilised and not when received. As the City received grants funds during 2019/20 and not fully expended (due to projects being carried forward or to be completed over multiple financial years) there was an adjustment from revenue of $3.87M. This will be recognised when the funds have been spent in the 2020/21 financial year. The following grants were not received during 2019/20 and have been budgeted in 2020/21:

PR-4799 - Upgrade Halifax Business Park infrastructure- $683K

PR-4801 - Infrastructure development works at Lot 3002 Lyons Cove (Sykes Foreshore)- $250K

PR-4845 - Upgrade Waste Recycle Centre and Container Deposit Scheme refund point - $250K

PR-4847 - Construct new UAT Public Facility at Des Ugle Park - $125K

PR-1809 - Construct Hay Park Central Pavilion $110K

PR-4373 - Realign and widen Koombana Drive East was completed under budget and grant revenue was reduced by $218K

($5,611,411) (51%)

Proceeds on Disposal of Assets – Unfavourable variance due to the delay in the disposal of vehicles ($95K) and plant ($183K). These projects have been carried forward and it is anticipated the disposals will occur during 2020/21.

($259,965) (11%)

Proceeds from New Debentures - $250K of loan borrowings were not required as the City was able to use available unrestricted cash to fund the remaining component of the Stirling Street Arts Centre.

($250,000) (25%)

Transfers from Restricted Cash – The favourable variance in transfers from restricted cash is mainly due to carried forward projects with $3.74M funded from reserves, projects no longer proceeding $192K, additional income transferred to reserve $209K, and a reduction in the reliance of reserve funds of $1.1M.

$5,682,655 112%

Capital Expenses Acquisition of Assets – Variance in capital expenditure due to the progress of projects. The majority of this variance is in:

$11,743,614 42%

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Projects due to be carried forward to 2020/21 ($10.87M): PR-4799 - Upgrade Halifax Business Park Infrastructure -

$2.37M PR-1809 - Construct Hay Park Central Pavillion - $2.16M PR-4015 - Improve City’s Landscaping, Parks Gardens and Entry

Ways - $843K PR-2291 - Corporate heavy plant 2019/20 - $583K PR-4786 - Detailed design and construction of youth precinct -

$494K PR-4845 - Upgrade Waste Recycle Centre and Container

Deposit Scheme refund point $480K PR-4800 - Renew Marlston Seawalls - $474K PR-3998 - Renew SWSC aquatic changeroom - $443K PR-4801 - Infrastructure development works at Lot 3002 Lyon

Cove - $423K PR-4781 - Replace the SWSC fire system - $377K PR-2281 - Replace corporate vehicles - $274K PR-2290 - Replace corporate heavy plant 2018/19 - $225K PR-1303 - Replace playground equipment - $199K PR-4943 - Implement land exchange, land acquisition and

rationalisation of lots along Withers Crescent, Boulters Heights – $196K

PR-4107 - Renew South West Sports Centre (SWSC) plant and machinery 2019/20 -$181K

PR-4802 - Installation of digital billboard, Forrest Highway - $180K

PR-1252 - Redevelop Stirling Street Arts Centre - $173K PR-4770 - Building maintenance and refurbishment for Lot 12

Wellington Street – $150K PR-4847 - Construct new UAT Public Facility at Des Ugle Park -

$133K PR-1523 - Replace automatic retic systems - $108K PR-3404 - Refurbish community buildings - $99K PR-3764 - Redevelopment of BRAG foyer - $89K PR-4112 – Upgrade facilities to meet the goal of MARCIA - $82K PR-1843 - Renew and Upgrade Paths - $70K PR-4761 - Repair and renew Marlston Jetty - $68K

Completed projects with savings identified ($429K):

PR-4373 - Realign and Widen Koombana Drive East - $333K PR-4724 - Construct South Western Highway (South) shared

path – $58K PR-4790 - Upgrade Blair Street and Rose Street intersection –

$38K Projects no longer proceeding due to the change in scope ($187K):

PR-4165 - Develop a detailed design for a Cultural Precinct – $187K

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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 2019/20 financial year.

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 Leadership 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 4 August 2020

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

Council Decision 172/20

That the Preliminary Financial Management Report for the period ending 30 June 2020 be received. CARRIED UNANIMOUSLY 13 votes “for” / nil votes “against”

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10.2 Schedule of Accounts Paid for the Period 1 June 2020 to 30 June 2020 (was listed as item 10.3.2 on the Agenda)

File Ref: COB/1642 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

☐ Executive/Strategic ☒ Legislative

☐ 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 June 2020 to 30 June 2020 is attached at Appendix DSOP-8. The schedule contains details of the following transactions;

Municipal Account – payments totalling $14,208,171.58 Trust Account – payments totalling $77,837.20 Visitor Information Centre Trust Account – payments totalling $4,422.30 Bunbury-Harvey Regional Council Municipal Account – payments totalling $194,243.32

Executive Recommendation

The Schedule of Accounts Paid for the period 1 June 2020 to 30 June 2020 be received. Voting Requirements: Simple Majority

Outcome of Meeting 4 August 2020

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

Council Decision 173/20

The Schedule of Accounts Paid for the period 1 June 2020 to 30 June 2020 be received. CARRIED UNANIMOUSLY 13 votes “for” / nil votes “against”

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10.3 Bunbury a Digital City (was listed as item 10.3.3 on the Council Agenda)

File Ref: COB/1374 Applicant/Proponent: Internal Responsible Officer: David Chandler, Director Strategy and Organisational Performance Responsible Manager: David Chandler, Director Strategy and Organisational Performance Executive: David Chandler, Director Strategy and Organisational Performance Authority/Discretion ☒ Advocacy

☒ Executive/Strategic ☐ Legislative

☐ Review ☐ Quasi-Judicial ☐ Information Purposes

Attachments: Appendix DSOP-9: City of Bunbury State Election Commitment Pitch Document

Summary Bunbury, Western Australia is the heart of the Bunbury-Geographe region and has a diverse economic base as the service centre for the South West corner of Australia. Centrally located between Perth and the major population centres of the region, Bunbury is the economic engine of the South West. Regional Western Australia, in particular Bunbury offers an enviable lifestyle and a unique platform to attract and retain a future workforce to build these new and resilient industries. Those primary industries prone to future automation including horticulture, livestock, food production and processing, timber, forest management, mining, energy generation, port and marine, heavy rail, road freight, coastal surveillance and oceanography are all on Bunbury’s doorstep. Through strategic regional investment, these capabilities and industries can be unlocked by removing the infrastructure and technology barriers to future growth and prosperity. The co-location of technology infrastructure, industries in need of transformation, and the workforce able to create new opportunities through artificial intelligence and digital, will establish Bunbury as the Second City and first Digital City of Western Australia. We are seeking State and Federal government support to accelerate investment in the City of Bunbury as the Second City and first regional Digital City of Western Australia through key foundational initiatives. Executive Recommendation That Council support and actively promote and advocate for Bunbury’s economic identity as the first Digital City and Second City of Western Australia.

Voting Requirements: 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.

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Regional Impact Statement The Bunbury-Geographe region has seen substantial population growth of 12.66 per cent in the seven years to 2018. Its role as a major hub for services, arts, culture and employment reinforces Bunbury’s position as the State’s ‘second city’, supporting a South West population of 178,406. With Bunbury’s access to major transport and export infrastructure, including the Bunbury Port, rail, major highways, Busselton-Margaret River and Bunbury airports, higher education opportunities, health services and industry, Bunbury Is well positioned to enable one of Australia’s fastest growing regions. Herein lies an opportunity, a digital city for regional Australia. An opportunity to co-locate the innovators and future services alongside those industries most prone to automation in a regional setting. Where the technology, need and people capability co-exist to create digital solutions. Background Australia is being transformed by a vastly changing digital landscape that is redefining how we live and work as well as the social fabric of our communities. Those countries and regions with the technological infrastructure to support automation are forging ahead at the expense of traditional practice economies. Artificial Intelligence will contribute $315 billion to the Australian economy by 2028. A study by PricewaterhouseCoopers indicates 44% of Australian jobs are at risk of automation in the next 20 years with many of those in the regions. Those primary industries prone to future automation including horticulture, livestock, food production and processing, timber, forest management, mining, energy generation, port and marine, heavy rail, road freight, coastal surveillance and oceanography are all on Bunbury’s doorstep. Through foundation of lifestyle and affordable living, regional Western Australia has a unique capacity to compete when attracting talent, investment and industries where the quality of life for workers is a key driver. Bunbury and the South West is the natural lifestyle and business choice in Western Australia for growth and investment. The co-location of technology infrastructure, industries in need of transformation, and the workforce able to create new opportunities through artificial intelligence and digital, will establish Bunbury as the Second City and first Digital City of Western Australia. The availability of more than 2,200 hectares of vacant employment land already approved for development, in addition to the nearby Shotts and Kemerton Industrial Areas and key regional transportation hubs provides affordable capacity for new industries and jobs. Council Policy Compliance Not applicable. Legislative Compliance Not applicable. Officer Comments Future opportunities and strategic initiatives have been identified to underpin Bunbury’s position as a Digital City and regional innovation hub. These include:

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1. An advanced manufacturing hub in Bunbury - supporting both heavy and light industries; 2. Tertiary education and research centres - regional industries centre for innovation; 3. Regional transport link – an autonomous trackless tram link between Bunbury and Busselton; 4. Remote operation command and control centres - advanced machine intelligence and data

driven technologies; and 5. South West Australia Digital Infrastructure Hub – a secondary in-land data backhaul that

connects communities and primary industries, bringing services closer to industries prone to automation.

The Bunbury Geographe regions’ economic foundations are in traditional primary industries. While these industries are at high risk of job loss through automation in the future, a significant opportunity exists to create the jobs of tomorrow for economic advantage locally, nationally and internationally. We see Bunbury as a solution, a regional centre with an opportunity to position itself as a model for regional innovation. Where people, need and technology converge to create opportunities and drive growth, investment and jobs across the South West and the state. These initiatives can redefine Bunbury as Western Australia’s true second city, in the process transforming Bunbury and the greater region into a digital city. Analysis of Financial and Budget Implications Any future financial decisions relating to Bunbury becoming a digital city will be presented to Council for consideration. Community Consultation Not Applicable. Elected Member/Officer Consultation Elected Members were provided with a high-level overview of the Digital City proposal at a Briefing held Tuesday 28 July 2020. Applicant Consultation Not applicable. Timeline: Council Decision Implementation Should Council endorse these recommendations the promotion of Bunbury’s economic identity as the first digital city in Western Australia will be actioned as soon as practicable.

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Outcome of Meeting 4 August 2020

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

Council Decision 174/20

That Council support and actively promote and advocate for Bunbury’s economic identity as the first Digital City and Second City of Western Australia. CARRIED UNANIMOUSLY 13 votes “for” / nil votes “against”

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10.4 Appointment of New Youth Advisory Council Committee Members (was listed as item 10.1.1 on the Council Agenda)

File Ref: COB/1746 COB/526 Applicant/Proponent: Internal Responsible Officer: Danika Wellington, Community Partnerships Officer – Youth & Activation Responsible Manager: Sarah Upton, Manager Community Services Executive: Gary Barbour, Director Sustainable Communities Authority/Discretion ☐ Advocacy

☐ Executive/Strategic ☒ Legislative

☐ Review ☐ Quasi-Judicial ☐ Information Purposes

Attachments: Appendix CRUSC-1: Appointment of New Youth Advisory Council Committee Members

Summary This report is presented to Council to endorse the appointment of six new members to the Youth Advisory Council Committee (YAC) in the vacant positions available in the Committee to serve out the remainder of the term to October 2021. Executive Recommendation That Council endorse the appointment of the six applicants to the Youth Advisory Council Committee as outlined in Confidential Appendix CRUSC-1. Voting Requirement: Absolute Majority 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 1.6 A community that provides for the particular needs of the young and the old Regional Impact Statement The Youth Advisory Council Committee comprises of members from across the Greater Bunbury region to represent surrounding shires of Capel, Dardanup and Harvey. Background The Youth Advisory Council Committee members were appointed following October 2019 Council Elections. Since this time the Committee has continued to perform its important role providing guidance to the Bunbury City Council on issues affecting the youth of the Bunbury Region. All positions were not filled with four vacancies remaining following the elections. Two resignations were received from Conor Prout and Jade Allen, as presented at the Committee’s 4 June 2020 meeting. The Committee accepted these resignations and endorsed the advertising of all six vacant positions to serve out the remainder of the term (ending October 2021). Council Policy Compliance

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Not applicable Legislative Compliance Local Government Act 1995 Officer Comments Nominations for the vacant positions opened 25 May 2020 and closed 18 June 2020 and were lodged through the City’s online platform, SmartyGrants. Advertising of the nominations was conducted through social media, media release, billboards, email databases and the City Focus. Thirteen nominations were received and all nominees would have been positive additions to the YAC Committee. It is believed the successful applicants will be an asset to the current committee based on their prior experience, passions and skill sets. The unsuccessful applicants will be invited to participate in a youth reference/working group to ensure these interested young people remain engaged with the City’s activities. The City is going to reintroduce the structure of a reference/working group as a trial due to the high demand and interest from young people in the Greater Bunbury region. This group will be informal offering more flexibility to members and be action-orientated compared to the more strategic YAC Committee of Council. However both groups will work in unison to deliver outcomes for the Bunbury community. The development of the group and its stucture will be done in heavy consultation with members. Analysis of Financial and Budget Implications There are no financial or budgetary implications associated with this report. Community Consultation The community consultation process was completed through advertising for new YAC members. This advertising was open to all young people that would like to take advantage of the great opportunity to join the YAC leadership group. Councillor/Officer Consultation Nil Applicant Consultation Not applicable Timeline: Council Decision Implementation If Council endorses the appointment, the new members would attend their first Ordinary Committee meeting on 2 September 2020.

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Outcome of Meeting 4 August 2020

The recommendation (as printed) was moved by Cr Miguel 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 175/20

That Council endorse the appointment of the six applicants to the Youth Advisory Council Committee as outlined in Confidential Appendix CRUSC-1. CARRIED UNANIMOUSLY and by ABSOLUTE MAJORITY 13 votes “for” / nil votes “against”

For the purposes of transparency, the 6 people appointed to the YAC were: Luka Coulson, Carl McIntyre, Hannah Moyle, Teagan Pesce, Casey Sutton and Lillian Wilson.

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10.5 2021 State Election – City of Bunbury Priorities (was listed as 10.2.1 on the Council Agenda)

File Ref: COB/1374 Applicant/Proponent: Internal 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

☐ Review ☐ Quasi-Judicial ☐ Information Purposes

Attachments: Nil Summary The next State election will be held on Saturday, 13 March 2021 and the Federal election is likely to be scheduled in the first quarter of 2022. In the lead up to the 2021 State Government Election, the City wishes to highlight the projects that are key to Bunbury’s social and economic prosperity. Six (6) City of Bunbury Priorities have been developed for presentation to candidates running in the State Government Election and 1-page high level explanatory handouts are being prepared. Executive Recommendation That Council: 1. Notes and supports the State Government’s ongoing interest and continuing investment in the

already announced Bunbury projects being; a. Transforming Bunbury’s Waterfront b. Government Office Accommodation c. Addressing homelessness issues d. Bunbury Port Development e. Rail improvements including the Australind train upgrade f. Vittoria Rd/South Western Highway Roundabout

2. Endorses the following six (6) City of Bunbury project priorities and seeks State Government

Commitments to each one: a) A Policy Position by the State Government on Bunbury, as WA’s Second City including:

(i) Support for Bunbury as a Digital City. (ii) Support for a Regional Deal between WA Government, Australian Government, Industry

and Local Government/s. (iii) A commitment to locate a State Government Department or Agency in Bunbury. (iv) Support for the expansion of the South West Sports Centre as the Regional Sporting

Facility for the South West. b) Support for a Regional Tourism package that showcases Bunbury and the Bunbury

Geographe Region that counteracts the impacts of the Bunbury Outer Ring Road Bypass on Bunbury.

c) Assistance in developing a South West Regional Waste Solution that includes downstream processing of recyclable products, beneficial use of organic waste and the production of energy from waste.

d) A commitment to funding the Bunbury Regional Art Gallery Expansion.

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e) Funding support for a detailed feasibility study for the proposed Bunbury Ocean Pool. f) Funding of the redevelopment of Hands Oval to serve as the regional AFL Sporting Facility in

WA’s Second City.

3. Authorises the CEO to provide candidates for all relevant upper and lower house seats in the 2021 State Election with a list of these priorities and 1-page high level explanatory handouts.

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. Theme 4 Our City. Goal Civic leadership, partnerships and sound governance in delivering

with and for the community. Objective 4.1 A passionate advocate for the community, with strong partnerships to

amplify the outcomes that can be achieved. Regional Impact Statement The state election sees an opportunity for the City to canvass candidates running for the seat of Bunbury with the intention of securing funding to assist with these projects as part of the 2021 State Election campaign. Background The key priorities put forward include infrastructure that will deliver significant regional benefits. All six (6) of the above projects will provide improved regional outcomes and assist in enhancing the economic, social and health benefits for the Bunbury Geographe Community. Below is some further information on each of the priorities. Policy Position by the State Government on Bunbury, WA’s Second City including We are seeking State Government commitment to accelerate investment in the City of Bunbury as the Second City and first regional Digital City of Western Australia. We are seeking State and Federal government support to deliver the following foundation initiatives:

Tertiary education and applied research regional campus - University Campus & International Student Accommodation Hub - Australian Centre for Applied Digital Healthcare - Regional Australia Industries Centre for Innovation South West regional transport link, connecting key services - Autonomous trackless tram link between Bunbury and Busselton

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South Western Australia Digital Infrastructure Hub - Alternate west coast submarine cable landing and regional technology hub

Remote operation command and control centres - The preferred location for private and public control centres in Australia

Part of the advocation is to Deliver a Second City that delivers the jobs and industries of the future with the opportunity for Bunbury to co-locate the professionals, innovators and future services alongside those industries most prone to automation in a regional setting. This encompasses seeking a commitment from the Government to locate a State Government Department or Agency in Bunbury.

We also are seeking support for a Regional Deal between WA Government, Australian Government, Industry and Local Government/s as well as support for the expansion of the South West Sports Centre as the Regional Sporting Facility for the South West.

Support for a Regional Tourism Support Package We are seeking commitments from the government for a regional tourism support Package that showcases Bunbury and the Bunbury Geographe Region that counteracts the impacts of traffic bypassing Bunbury on the Bunbury Outer Ring Road.

The City is seeking support for a Regional Tourism package that showcases Bunbury and the Bunbury Geographe Region, being $3.2 million for use over four years on a destination marketing campaign, installation of digital signage to promote Bunbury-Geographe, and creation of an annual iconic City of Bunbury event. South West Regional Waste Solution The South West is a growing economy with a population of over 180,000 people which generates over 115,000 tonnes of Municipal Solid Waste (MSW) each year. The quality of waste facilities within the region provides a real opportunity to lead waste practices in Western Australia.

The South West Regional Waste Group is an informal collaboration between the twelve land-based Councils of the Bunbury-Geographe, the Vasse and the Warren-Blackwood economic areas, the Bunbury Harvey Regional Council and the South West Development Commission in a supporting role. This regional approach to managing waste issues coordinates the pursuit of opportunities that could most benefit the region.

The South West Regional Waste Group has now formed a new alliance, the South West Sustainability Alliance (SWA) which is a collaborative initiative between the South West Regional Waste Group, Regional Development Australia, Bunbury-Harvey Regional Council, South West Development Commission, the Noongar Chamber of Commerce and Industry and Main Roads WA.

The SWA is seeking to utilise waste streams such as glass, plastics, tyres and construction and demolition wastes to provide sustainable recycled products into the future. Currently the Alliance is investigating the use of the above streams in road building materials that can support current state initiatives and can provide ongoing sustainable products.

Arts and Indigenous Culture Gallery The City seeks $20M to deliver the second home of Arts and Culture in the State’s Second City. The objectives for this project are to build the arts industry, celebrate diversity and champion inclusivity

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in an arts precinct supported by new gallery space of 2,300m2, an outdoor sculpture alleyway of 1,000m2 and addition collection storage areas.

This proposed Gallery builds on the success of the Bunbury Regional Art Gallery (BRAG) as the pre-eminent home of the arts in the South West, their Noongar Arts program, Noongar Country exhibition, and success in attracting renowned and emerging artists.

Ocean Pool Feasibility Study The objective for this request is to secure $500,000 funding to undertake the detailed design for this iconic attraction, the Ocean Pool on Bunbury’s Back Beach, Wyalup-Rocky Point.

The project would deliver an iconic ocean attraction in Bunbury, the City of Three Waters, that is not available anywhere else in Western Australia. Utilising a 100-year-old buried treasure in the historic basalt quarry at Wyalup-Rocky Point, the ocean pool will provide an unrivalled magnet to visitors, event organisers and commercial investors as the anchor of a new ocean-facing precinct. In an “instagramable” world, ocean pools are highly relevant, providing iconic imagery and unmatched experiences for both local and overseas visitors.

Hands Oval Redevelopment We are seeking State Government funding of $9M to redevelop Hands Oval to serve as the regional AFL Sporting Facility in WA’s Second City. The approach is to develop a fit for purpose, modern facility providing National Class facilities in the South West capable of hosting elite level games as a minimum standard.

The South West Football League and the City have prepared concept designs to upgrade the building infrastructure around the ground to meet the required standards for hosting elite level matches, to meet community expectations as part of the redevelopment of the buildings to incorporate unisex changing facilities, quality spectator amenity and other community facilities. We are requesting the government fund this project to redevelop the building infrastructure to provide modern and fit for purpose facilities.

Council Policy Compliance Not Applicable Legislative Compliance Not Applicable Officer Comments One-page high level explanatory handouts for each of the six (6) identified City of Bunbury priority projects are being prepared. To enable the preparation and planning process to continue, it is proposed to have these priorities agreed to by Council. It is important to recognise that the State Government has committed to continuing investment in the already announced Bunbury projects including addressing people experiencing homelessness matter, Transforming Bunbury’s Waterfront, Bunbury Port Development, delivering Rail improvements (including the Australind train upgrade) and also identifying Bunbury as a location for Government Office Accommodation.

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We wish to confirm that other projects/aspects including the Advanced Manufacturing Hub, Wastewater Re-Use Scheme, South West Aboriginal Medical Service Facility, Airport Link, other State facilities and existing projects including Mangrove Cove, Transforming Bunbury’s Waterfront Project, the Bunbury Port Expansion, Rail, Chemical are already committed to, or have been communicated to the Government.

In addition to the six (6) key priorities put forward, the WALGA South West Zone Members are also compiling a South West Region Priorities list. This regional priority list will be developed recognising that the list of projects excludes those from an individual local government perspective. It is felt that the collective collaboration of the local governments, along with key stakeholders will clearly demonstrate both the capacity and willingness of the partners to work together to deliver outcomes expected through the South West.

Analysis of Financial and Budget Implications It is proposed to provide candidates running for the Seat of Bunbury with a copy of the one-page explanatory handouts advocating for each Council endorsed priorities for the City. We are then hopeful that the candidates will be successful in obtaining funding as part of their election campaigns and commitments to the Region. Community Consultation Several the projects listed have already experienced community exposure. All the projects listed will involve further and continued community consultation throughout the process of planning and execution. Elected Member/Officer Consultation Elected Members were advised of the proposed project list and asked to provide their feedback on the projects. This matter was also discussed with Elected Members who were able to participate in the Executive Leadership Project Update Meeting held Thursday 2 July 2020. Applicant Consultation Not Applicable. Timeline: Council Decision Implementation Once completed, the 1-page high level explanatory handouts will be provided to candidates as they announce their intention to run for the seat of Bunbury. Outcome of Meeting 4 August 2020 The executive recommendation was moved by Cr Miguel and seconded by Cr Hayward. It was requested that each point of the motion be put to the vote separately, to which the Mayor agreed.

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Point 1 The Mayor put point 1 to the vote and it was carried unanimously as follows: That Council: 1. Notes and supports the State Government’s ongoing interest and continuing investment in the

already announced Bunbury projects being; a. Transforming Bunbury’s Waterfront b. Government Office Accommodation c. Addressing homelessness issues d. Bunbury Port Development e. Rail improvements including the Australind train upgrade f. Vittoria Rd/South Western Highway Roundabout

Point 2 The Mayor put point 2(a)(i) to the vote and it was carried 12 votes for to 1 vote against as follows: 2. Endorses the following six (6) City of Bunbury project priorities and seeks State Government

Commitments to each one: a) A Policy Position by the State Government on Bunbury, as WA’s Second City including:

(i) Support for Bunbury as a Digital City. Voting for point 2(a)(i) was Mayor Brennan and Councillors Kozisek, Miguel, Plumb, Turner, Smith, Brown, Hayward, Yip, Steck, McCleary and Giles. Voting against was Cr Steele. The Mayor put point 2(a)(ii) to the vote and it was carried unanimously as follows:

(ii) Support for a Regional Deal between WA Government, Australian Government, Industry and Local Government/s.

The Mayor put point 2(a)(iii) to the vote and it was carried 11 votes for to 2 votes against as follows:

(iii) A commitment to locate a State Government Department or Agency in Bunbury Voting for point 2(a)(iii) was Mayor Brennan and Councillors Kozisek, Miguel, Plumb, Turner, Smith, Brown, Hayward, Yip, McCleary and Giles. Voting against was Councillors Steele and Steck. The Mayor put point 2(a)(iv) to the vote and it was carried unanimously as follows:

(iv) Support for the expansion of the South West Sports Centre as the Regional Sporting Facility for the South West.

The Mayor put point 2(b) to the vote and it was carried unanimously as follows: That Council 2. Endorses the following six (6) City of Bunbury project priorities and seeks State Government Commitments to each one:

(b) Support for a Regional Tourism package that showcases Bunbury and the Bunbury Geographe Region that counteracts the impacts of the Bunbury Outer Ring Road Bypass on Bunbury

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The Mayor put point 2(c) to the vote and it was carried unanimously as follows: That Council 2. Endorses the following six (6) City of Bunbury project priorities and seeks State Government Commitments to each one:

(c) Assistance in developing a South West Regional Waste Solution that includes downstream processing of recyclable products, beneficial use of organic waste and the production of energy from waste

The Mayor put point 2(d) to the vote and it was carried 12 votes for to 1 vote against as follows: That Council 2. Endorses the following six (6) City of Bunbury project priorities and seeks State Government Commitments to each one:

(d) A commitment to funding the Bunbury Regional Art Gallery Expansion

Voting for point 2(d) was Mayor Brennan and Councillors Kozisek, Miguel, Plumb, Turner, Smith, Brown, Hayward, Yip, Steele, McCleary and Giles. Voting against was Cr Steck.

The Mayor put point 2(e) to the vote and it was carried unanimously as follows: That Council 2. Endorses the following six (6) City of Bunbury project priorities and seeks State Government Commitments to each one:

(e) Funding support for a detailed feasibility study for the proposed Bunbury Ocean Pool

The Mayor put point 2(f) to the vote and it was carried unanimously as follows: That Council 2. Endorses the following six (6) City of Bunbury project priorities and seeks State Government Commitments to each one:

(f) Funding of the redevelopment of Hands Oval to serve as the regional AFL Sporting Facility in WA’s Second City

Point 3 The Mayor put point 3 to the vote and it was carried unanimously as follows. That Council: 3. Authorises the CEO to provide candidates for all relevant upper and lower house seats in the 2021

State Election with a list of these priorities and 1-page high level explanatory handouts.

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Council Decision 176/20 That Council:

1. Notes and supports the State Government’s ongoing interest and continuing investment in the already announced Bunbury projects being;

a. Transforming Bunbury’s Waterfront b. Government Office Accommodation c. Addressing homelessness issues d. Bunbury Port Development e. Rail improvements including the Australind train upgrade f. Vittoria Rd/South Western Highway Roundabout 2. Endorses the following six (6) City of Bunbury project priorities and seeks State Government

Commitments to each one: \ a) A Policy Position by the State Government on Bunbury, as WA’s Second City including: (i) Support for Bunbury as a Digital City. (ii) Support for a Regional Deal between WA Government, Australian Government, Industry

and Local Government/s. (iii) A commitment to locate a State Government Department or Agency in Bunbury. (iv) Support for the expansion of the South West Sports Centre as the Regional Sporting Facility for the South West. b) Support for a Regional Tourism package that showcases Bunbury and the Bunbury Geographe

Region that counteracts the impacts of the Bunbury Outer Ring Road Bypass on Bunbury. c) Assistance in developing a South West Regional Waste Solution that includes downstream processing of recyclable products, beneficial use of organic waste and the production of energy from waste. d) A commitment to funding the Bunbury Regional Art Gallery Expansion. e) Funding support for a detailed feasibility study for the proposed Bunbury Ocean Pool. f) Funding of the redevelopment of Hands Oval to serve as the regional AFL Sporting Facility in WA’s Second City. 3. Authorises the CEO to provide candidates for all relevant upper and lower house seats in the 2021 State Election with a list of these priorities and 1-page high level explanatory handouts. CARRIED

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10.6 Proposed Variable Digital Billboard Sign at lot 334 (#14) Broadway, Pelican Point (was listed as item 10.4.1 on the Council Agenda)

File Ref: P13933, DA/2020/35/1 Applicant/Proponent: Pinnacle Planning 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

☐ Review ☐ Quasi-Judicial ☐ Information Purposes

Attachments: Appendix DSC-1: Location Plan Aerial Appendix DSC-2: Development Plans and Road Safety Audit Appendix DSC-3: Site Photos Appendix DSC-4: Schedule of Submissions

Summary Development approval is sought for a ‘Variable Digital Billboard Sign’ located on Lot 334 (#14) Broadway, Pelican Point. The applicant proposes the construction of a 27m² digital sign displaying third party advertising on a lot located in the ‘Local Centre Zone’ under Local Planning Scheme No. 8 (LPS8 or the ‘Scheme’). The sign faces on to a road that is classified as a ‘District Distributor Road’ under the control of the local authority. The application was referred to neighbouring properties, the Shire of Dardanup (the Shire) and Main Roads WA (MRWA). Seven objections were received, including a recommendation of refusal from the Shire and MRWA on safety grounds. The application is therefore presented to Council for determination. The proposed sign is assessed to be consistent with the requirements of the City of Bunbury’s Local Planning Policy: 5.3 – Signage and Advertisements, including assessment of the submitted road safety audit (RSA). Therefore, the application is recommended for temporary development approval. Executive Recommendation That Council, in accordance with clause 68(2) of Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015 and the City of Bunbury Local Planning Scheme No. 8 (LPS 8), grant development approval for the proposed ‘Variable Digital Billboard Sign’ at Lot 334 (#14) Broadway, Pelican Point subject to the following conditions: 1. All development shall be in accordance with the approved development plans (attached)

which form part of this development approval. 2. This is a temporary development approval and the development the subject of this

temporary approval must cease five years from the date of issue at which time this approval will expire pursuant to clause 72, Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015.

3. This development approval will expire if the approved development has not substantially

commenced within two (2) years from the date of issue of the approval, or, within any extended period of time for which the City of Bunbury has granted prior written consent.

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4. All works required to satisfy a condition of this approval are required to be

installed/constructed and maintained in accordance with the approved plans and conditions of approval for the life of the development.

5. At all times the approved signage is to comply with the supporting Road Safety Audit (RSA) as

submitted with the application for development approval and the required actions, including compliance with Mains Roads Policy and Application Guidelines for Advertising Signs within and Beyond Road Reserves. The RSA document forms part of the approved development plans.

6. Prior to the installation of the sign the applicant shall submit for the City of Bunbury’s

approval an Operational Management Plan (OMP) for the variable digital sign. The operation of the sign shall be undertaken in accordance with the approved plan. The OMP shall include the requirement, at the request of the City of Bunbury, to undertake an updated road safety audit to determine whether the luminance levels and dwell times are appropriate once the sign is operational.

7. Prior to the installation of the signage, the applicant shall submit for the City of Bunbury’s

approval a Lighting Impact Assessment (LIS) prepared by a suitably qualified lighting consultant to determine the appropriate signage luminance levels and compliance with AS 4282-2019 and AS 4852.1.2009. The signage shall be operated in accordance with the approved LIS at all times.

8. Before the development commences, a landscaping plan must be submitted for the approval

of the City of the Bunbury. The landscape plan must address the following:

• A site plan of existing and proposed development with natural and finished ground levels

• The location, species and size of existing vegetation and vegetation to be removed • Exact species, location and number of proposed plants • A key or legend detailing proposed species type grouped under the subheadings of

tree, shrub and ground cover • Mulching or similar treatments of garden beds including edges • Details of reticulation of landscaped areas including the source of the water supply

and proposed responsibility for maintenance Before the development is occupied, the landscaped area(s) must be planted, established and reticulated in accordance with the endorsed landscape plan. These areas must be maintained as landscaped areas at all times and to the satisfaction of the City of Bunbury

9. External lighting must be designed, baffled and located so as to prevent any adverse effect on adjoining land to the satisfaction of the City of the Bunbury.

10. The electronic graphic display screen is to be switched off between 10.00pm and sunrise on

the following day. 11. The signage and advertisements shall be professionally made and kept clean and maintained

free of dilapidation at all times.

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 needs.

Regional Impact Statement The proposal relates to an individual property and is not considered to have a regional impact. Background A summary table of details relating to the subject site are as follows: Property Address: Lot 334 (#14) Broadway, Pelican Point Zoning: ‘Local Centre Zone’ Existing Land Use: Vacant lot Lot Area: 2233m²

The application proposes the construction of a digital billboard sign displaying third party advertising on a vacant lot adjacent to the roundabout servicing Old Coast Road, Estuary Drive and Hamilton Road. A location plan and development plans are attached at Appendices DSC-1 and DSC-2 respectively. The subject site is one of three lots that make up the ‘Local Centre Zone.’ The area immediately to the south of the site is zoned ‘Mixed Use Residential Zone’ and ‘Residential Zone.’ To the west of the site is a caravan park located within the Shire boundary. Site photos of the area and immediate locality are attached at Appendix DSC-3. In accordance with clause 64 of the Planning and Development (Local Planning Schemes) Regulations 2015 (the Regulations), the proposal was advertised to neighbouring properties and referred to the Shire and MRWA. Following initial consultation with Shire planning officers, further referral notice was sent to three properties within Dardanup, including the adjacent caravan park. Following receipt of five public objections, the applicant provided revised plans with a reduction in the overall sign face area from 42m² to 27sqm² and to turn off the sign between the hours of 10pm and 6am. A second revision was provided following discussion with City officers moving the sign further into the lot to address road safety concerns. The revised design was provided to the Shire and MRWA who subsequently lodged an objection to the proposal on road safety grounds. Legislative Compliance The following legislation and statutory planning instruments of the State Planning Framework and Local Planning Framework are applicable to the assessment of this application for development approval: Legislation - Planning and Development Act 2005; and

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- Planning and Development (Local Planning Schemes) Regulations 2015 Local Planning Framework - City of Bunbury Local Planning Strategy 2018; - City of Bunbury Local Planning Scheme No. 8; and - Local Planning Policy 5.3 – Signage and Advertisements Officer Comments Local Planning Policy 5.3 Signage and Advertisements The application has been assessed against Local Planning Policy: 5.3 Signage and Advertisements. Where an aspect of the proposal does not meet a deemed-to-comply requirement, the variation is considered against the relevant design principle (refer to below table). Development Standards – Billboard Sign - Large Deemed to Comply Design Requirements

Proposed Officer Comments

3m front setback

1m setback proposed Having regard to the substantial road verge and the 16m setback to the side boundary, the proposed setback is not considered to adversely impact on the streetscape.

22.82m² maximum sign face area based on frontage of site

27m² proposed The sign face area proposed exceeds the deemed-to-comply amount by 5m². It is noted that this figure is calculated based on the length of the frontage, which is 35.64m. The variation is considered to be minor and would not adversely affect the streetscape or locality. For comparison purposes, the sign located at King Road is 42m² with the City of Bunbury Forrest Highway signage being 44m²

Must not be erected to expose an unsightly back view of the sign to a road or other public place

Complies - through provision of landscaping plan

Through adequate landscaping, the rear of the sign can be screened and the general visual amenity of the lot improved.

The proposed sign is considered to be compatible with the amenity and visual appearance of the area, including the adjacent ‘Motor Vehicle Wash.’ It is noted the proposed signage is directed away from the residential properties to the south and will not present any light spill impacts on these properties. In order to manage the impact of the sign, conditions dealing with landscaping and light spill/luminance levels are recommended.

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Road Safety MRWA object to the proposal on safety grounds, citing the location of the sign within the Device Restriction Area (DRA) as per ‘MRWA Policy and Application Guidelines for Advertising Signs Within and Beyond State Road Reserves.’ For signage on a roundabout with a posted speed limit of 60km per hour, the applicable dimension of the DRA is 65m, with the proposed sign located at 30m. A road safety audit (RSA) prepared by a qualified road safety auditor has been provided in support of the application which acknowledges the location of the sign within the DRA. The RSA notes several factors that support the location of the signage within the DRA, including the low speed environment of the roundabout, being 40km per hour. The report notes:

‘Roundabouts are considered to be safer than other intersection forms, particularly when compared with traffic signals and priority control intersections. Main Roads WA Guidelines for Selection of Intersection Control states that roundabouts have a significantly lower crash rate when compared to traffic signals and even where traffic volumes are higher (i.e. more exposure to crash risk), roundabouts have less than half of the crash rate of traffic signals.’

Further, it is noted that the sign does not impede sightlines or obscure the visibility of any traffic signals. In its current location it will be visible to approaching south and westbound traffic and does not present a sudden distraction. The RSA recommends a Lighting Impact Assessment be completed prior to operation to determine the appropriate luminance level for the sign, considering the low light levels at the site. The RSA document has been reviewed and endorsed by the City’s Manager of Engineering The signage policy provides for the City to temporarily approve signage located within the DRA for a period of five years, where the application is supported by an RSA that demonstrates a low risk and that mitigating measures have been implemented prior to the operation of the sign.

While it is noted that there is a low risk level, it is considered that in order to review the traffic impacts of the sign, and noting MRWA concerns, it is recommended that temporary approval is appropriate in this instance. Analysis of Financial and Budget Implications This application for planning approval relates to private property, and therefore, the effect of the recommendation has no direct budgetary or financial implications for the City of Bunbury. If the applicant is aggrieved by Council’s decision, they may apply for a review of the decision through State Administrative Tribunal (SAT). If the decision is forwarded to SAT for appeal, the City of Bunbury may incur legal costs. Community Consultation As ‘third party billboard signage,’ the development application was referred to neighbouring properties for public comment from 7 May to 22 May and to the Shire and MRWA for 42 days. Following initial consultation with planning officers from the Shire, advertising was expanded to include three properties within Dardanup boundaries, including the adjacent caravan park.

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Public consultation measures included the following: - letter sent to surrounding landowners - copies of plans and supporting information made available at the City of Bunbury’s customer

service centre and on the City’s website Objections were received from five property owners, Mains Roads WA and the Shire of Dardanup with the referral authorities objecting to the sign on safety grounds. A summary of all comments received is attached within the Schedule of Submissions at Appendix DSC-4.

Councillor/Officer Consultation The proposal has been referred to the City of Bunbury’s Development Coordination Unit (DCU) for professional advice and technical assessment prior to the finalisation of this report. The City’s internal Engineering department broadly support the findings of the road safety audit provided in support of the application. Applicant Consultation The applicant has been advised of the recommendation of the report and been provided with the draft conditions of approval. Timeline: Council Decision Implementation Should Council approve the application the applicant will have four years to commence development. Should Council refuse the application the applicant has the option to lodge an appeal within 28 days of the date of the decision to the State Administrative Tribunal.

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Outcome of Meeting 4 August 2020

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

Council Decision 177/20

That Council, in accordance with clause 68(2) of Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015 and the City of Bunbury Local Planning Scheme No. 8 (LPS 8), grant development approval for the proposed ‘Variable Digital Billboard Sign’ at Lot 334 (#14) Broadway, Pelican Point subject to the following conditions: 1. All development shall be in accordance with the approved development plans (attached) which form part of this development approval. 2. This is a temporary development approval and the development the subject of this temporary approval must cease five years from the date of issue at which time this approval will expire pursuant to clause 72, Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015. 3. This development approval will expire if the approved development has not substantially commenced within two (2) years from the date of issue of the approval, or, within any extended period of time for which the City of Bunbury has granted prior written consent. 4. All works required to satisfy a condition of this approval are required to be installed/constructed and maintained in accordance with the approved plans and conditions of approval for the life of the development. 5. At all times the approved signage is to comply with the supporting Road Safety Audit (RSA) as submitted with the application for development approval and the required actions, including compliance with Mains Roads Policy and Application Guidelines for Advertising Signs within and Beyond Road Reserves. The RSA document forms part of the approved development plans. 6. Prior to the installation of the sign the applicant shall submit for the City of Bunbury’s approval an Operational Management Plan (OMP) for the variable digital sign. The operation of the sign shall be undertaken in accordance with the approved plan. The OMP shall include the requirement, at the request of the City of Bunbury, to undertake an updated road safety audit to determine whether the luminance levels and dwell times are appropriate once the sign is operational. 7. Prior to the installation of the signage, the applicant shall submit for the City of Bunbury’s approval a Lighting Impact Assessment (LIS) prepared by a suitably qualified lighting consultant to determine the appropriate signage luminance levels and compliance with AS 4282-2019 and AS 4852.1.2009. The signage shall be operated in accordance with the approved LIS at all times. 8. Before the development commences, a landscaping plan must be submitted for the approval of the City of the Bunbury. The landscape plan must address the following:

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• A site plan of existing and proposed development with natural and finished ground levels • The location, species and size of existing vegetation and vegetation to be removed • Exact species, location and number of proposed plants • A key or legend detailing proposed species type grouped under the subheadings of tree, shrub and ground cover • Mulching or similar treatments of garden beds including edges • Details of reticulation of landscaped areas including the source of the water supply and proposed responsibility for maintenance Before the development is occupied, the landscaped area(s) must be planted, established and reticulated in accordance with the endorsed landscape plan. These areas must be maintained as landscaped areas at all times and to the satisfaction of the City of Bunbury 9. External lighting must be designed, baffled and located so as to prevent any adverse effect on adjoining land to the satisfaction of the City of the Bunbury. 10.The electronic graphic display screen is to be switched off between 10.00pm and sunrise on the following day. 11.The signage and advertisements shall be professionally made and kept clean and maintained free of dilapidation at all times. CARRIED 8 votes “for” / 5 votes “against” Voting for: Mayor Brennan and Crs Miguel, Hayward, Plumb, Giles, McCleary, Yip and Turner Voting against: Crs Kozisek, Smith, Brown, Steele and Steck

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10.7 Department of Local Government, Sport and Cultural Industries CSRFF Application (was listed as item 10.4.2 of the Council Agenda)

File Ref: DOC/590841 Applicant/Proponent: Internal Report Responsible Officer: Gary Thompson, Team Leader SWSC and Community Recreation Responsible Manager: Dave Russell, Manager Community Facilities Executive: Gavin Harris, Director Infrastructure Authority/Discretion ☒ Advocacy

☒ Executive/Strategic ☐ Legislative

☐ Review ☐ Quasi-Judicial ☐ Information Purposes

Attachments: Appendix DSC-5: CSRFF Application Summary The City intends to submit a CSRFF small grant application in the August 2020 round for the Outdoor Multicourt and Parkour component of the Bunbury Youth Precinct Project. Executive Recommendation That Council supports the City of Bunbury CSRFF small grant application as attached at Appendix DSC-5. 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 (DLGSC) administer the CSRFF program for small, annual and forward planning grants. Applications for the current round (August 2020) are to be submitted to the DLGSC’s South West Regional Office no later than the 14 August 2020. Successful applications are expected to be advised in October/November 2020. 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. It is a requirement that applicants first discuss their proposal with the DLGSC Regional Manager to be able to receive the formal CSRFF application form. The DLGSC will also identify any shortcomings and offer assistance to bring an application up to an acceptable standard.

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The City of Bunbury (the City) are developing an underutilised park in Bunbury into a well-designed Youth Precinct which will incorporate different zones catering for a range of activities such as skateboarding facilities, event spaces, multi-purpose court space, parkour facilities and playground. The City has completed a concept masterplan for the area and is currently at the detailed design stage with the intention of commencing construction in 2020/2021. The projected cost for the project is $5,871,418 (ex GST) with the multi-purpose courts and parkour facilities of the project costing $298,700. The City will contribute $5,771,794 (ex GST) to the overall project and specifically $199,246 (ex GST) towards the multi-purpose courts and parkour facilities with a CSRFF application being submitted through DLGSCI for $99,623 (ex GST). The City has previously discussed the Youth Precinct Project with the Regional Manager Sport and Recreation for the DLGSC.

The City’s CSRFF application is attached at Appendix DSC-5. The DLGSC requires local government support (or otherwise) for CSRFF applications to be considered.

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

The City conducted youth surveys in 2017 to ascertain what the youth within Bunbury and the surrounding areas would like to see within Bunbury. One (1) key outcome from the survey results was that young people (up to 25 years old) were seeking more activities and events. In July 2018 the City undertook a CBD Planning Forum and conducted further community consultation in August 2018 with the results showing that a Youth Precinct ranked high in the list of CDB Revitalisation themes. The City also received community feedback that the current Bunbury Skate Park requires improvement given it was first opened in 1999 with the only refurbishment occurring in 2013. After investigation it was decided that the existing skate park does not meet the needs and requirements of the skating community and there is also no opportunity for expansion within the existing site. The City conducted further investigations into finding a suitable site to relocate and upgrade the skate park as well as providing additional activities to create a Youth Precinct. Lucianna Park was selected as the preferred site to construct the Youth Precinct. The City appointed Playce consultants to produce the concept masterplan for the Youth Precinct with detailed design plans being finalised. The Executive Recommendation to support the City’s CSRFF application is in relation to seeking funds from the DLGSC to assist in the construction of the multi-purpose courts and parkour facilities with the Youth Precinct. Analysis of Financial and Budget Implications

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The Bunbury Youth Precinct project is contained within the City of Bunbury’s Long Term Financial Plan (LTFP). Community Consultation Nil. Councillor/Officer Consultation Nil. Applicant Consultation

The City have liaised with the Department of Local Government, Sport and Cultural Industries. Outcome of Meeting 4 August 2020

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

Council Decision 178/20

That Council supports the City of Bunbury CSRFF small grant application as attached at Appendix DSC-5. CARRIED 11 votes “for” / 2 votes “against” Voting for: Mayor Brennan and Crs Brown, Giles, Hayward, Miguel, Kozisek, McCleary, Plumb, Steele, Turner and Yip Voting against: Crs Steck and Smith

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10.8 Demolition of Dwelling and Construction of New Single House, Garage and Outbuilding at Lot 1 (#7) Park Street, Bunbury (was listed as item 10.4.3 on the Council Agenda)

File Ref: P07361 Applicant/Proponent: Sophine Pfuhl Architect Responsible Officer: Teshome Tadesse, Planning Officer Manager: Felicity Anderson, Manager City Growth Executive: Gary Barbour, Director Sustainable Communities Attachments: Appendix DSC-6: Extract of Heritage Advisory Committee (HAC)

Minutes Appendix DSC-7: Location Plan and Photographs Appendix DSC-8: Development Plans Appendix DSC-9: East Bunbury Heritage Area Map 1 Appendix DSC-10: Heritage Impact Statement & Structural Engineer’s Report Appendix DSC-11: Schedule of Submissions

Summary The City of Bunbury has received an application for the demolition of a fire damaged dwelling for the construction of a single house, a garage and a shed at Lot 1(#7) Park Street, East Bunbury. The lot is located in the East Bunbury Heritage Area with the existing dwelling identified as having ‘Moderate Contribution’ to the cultural significance and character of the locality. State Planning Policy 3.5 – Historic Heritage Conservation (SPP3.5) and the City of Bunbury Local Planning Policy on heritage provide a general presumption in favour of retaining heritage buildings, unless the applicant provides clear justification for demolition. Clause 6.6 of SPP 3.5 highlights that there will be circumstances where demolition is justified. In this case, the applicant has provided justification for the demolition of the existing dwelling on the grounds of fire damage to the structural integrity of the dwelling. The proposal was tabled at the Heritage Advisory Committee (HAC) for decision/recommendation on the matter from heritage perspective. The HAC recommended approval for the proposed demolition of the dwelling onsite and the construction of single house, garage and shed subject to applicable standard and non-standard development conditions. It is considered that the applicant has successfully justified the need to demolish the dwelling as outlined in the experts’ reports. One objection has been received from the adjoining eastern landowner on the grounds of a proposed reduced setback to this boundary and privacy related matters. The minor variation to the required setback is considered to meet the relevant design principles of State Planning Policy 7.3 Residential Design Codes Volume 1 (R-Codes) and is therefore supported. For the reasons outlined above and discussed in this report, the application is recommended for approval. Heritage Advisory Committee (HAC) Decision The Heritage Advisory Committee (HAC) at its meeting held on 12 June 2020 resolved the following in relation to the proposal:

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‘That the Heritage Advisory Committee request Council:

1. In accordance with the Planning and Development Act 2005 (as amended), to resolve to recommend approval to the demolition of the dwelling at Lot 1 #7 Park Street and the construction of the Single House, the garage and the shed subject to applicable standard and non-standard development conditions including the following: 1.1 An archival record to be compiled and presented to the City prior to the demolition of

the dwelling at Lot 1 #7 Park Street to the satisfaction of the City. 1.2 All development shall be in accordance with the approved development plans dated

29.04.2020.

2. Formally advise the applicant/owner that it is their responsibility to ensure that the proposed demolition of the dwelling and development onsite comply with all other applicable legislation, local laws and/or licence requirements that may relate to the development.’

An extract of the Heritage Advisory Committee (HAC) Minutes is attached at DCS-6. The HAC decision/recommendation on the proposal has been incorporated into the below Executive Recommendation as required. Executive Recommendation That Council, in accordance with clause 68(2) of Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015 and the City of Bunbury Local Planning Scheme No. 8 (LPS 8), approve the application for development approval for demolition of a dwelling and construction of a new single house, garage and outbuilding at Lot 1 (#7) Park Street, Bunbury, subject to the following conditions 1. At all times the development the subject of this development approval must comply with the

definition of Single House, Garage and Outbuilding as contained in State Planning Policy 7.3 Residential Design Codes (R-Codes).

2. All development shall be in accordance with the approved development plans (attached)

which form part of this development approval. 3. This development approval will expire if the approved development has not substantially

commenced within two (2) years from the date of issue of the approval, or, within any extended period of time for which the City of Bunbury has granted prior written consent.

4. All works required to satisfy a condition of this approval are required to be

installed/constructed and maintained in accordance with the approved plans and conditions of approval for the life of the development.

5. An archival record to be compiled and presented to the City prior to the demolition of the

dwelling at Lot 1 #7 Park Street to the satisfaction of the City. 6. A schedule of exterior materials, colours and finishes must be submitted with the building

permit application for the approval of the City of Bunbury. The subject development must be finished and maintained in accordance with any approved schedule of materials.

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7. Before the development is occupied, the access way(s), car parking and turning area(s) shall be constructed in accordance with the development approval to the satisfaction of the City of Bunbury.

8. Before the development is occupied, any alterations, relocation or damage of existing

infrastructure within the road reserve must be completed and reinstated to the specification and satisfaction of the City of Bunbury.

9. Before the development is occupied, all disused or redundant vehicular crossover(s) must be

removed and the area reinstated to the satisfaction of the City of Bunbury. 10. This property is situated on the Preston River Flood Plain and is susceptible to flooding.

Habitable rooms in any building construction must have a minimum finished floor level of 1.5m AHD in accordance with the City of Bunbury’s Local Planning Policy: Development in Flood Affected Areas.

11. A minimum of 1 m³ of storm water storage for each 65 m² of impervious area must be

provided on site’ in-accordance with the City of Bunbury’s Information Guide – Stormwater Disposal from Private, Commercial and Industrial Properties. Detailed design plans of the proposed stormwater management must be submitted for approval prior to the development commencing and be implemented in accordance with the approved plan prior to the development being occupied.

12. Before the development is occupied, the property must be connected to the Water

Corporation reticulated sewerage system. 13. The boundary (parapet) walls, including footings and associated structures, shall be

constructed wholly within the lot boundaries and finished to a quality finish and professional standard, to the satisfaction of the City of Bunbury.

14. Before the development commences, a damage bond to the value of $1000 must be paid to

the City of Bunbury in accordance with the City of Bunbury’s Local Planning Policy “Bonds”. 15. All construction activities must be undertaken so as to avoid dust nuisance to occupiers of

land in the vicinity to the satisfaction of the City of Bunbury. Voting Requirement: Simple Majority Regional Impact Statement The proposal will have no regional impact.

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 1.5 Arts, culture, heritage and events that enrich our understanding and

enjoyment of life, celebrate our identity and bring the community together. Theme 3 Our places and spaces

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Goal A natural and built environment that reflects Bunbury’s core values. Objective 3.3: High-quality urban design, well-planned neighbourhoods Background A summary table of details relating to the subject site is as follows: Property Address: Lot 1 (#7) Park Street, Bunbury Zoning: Residential R15/40 Existing Land Use: Single Dwelling Lot Area: 549.76m2 Heritage: Located within the East Bunbury Heritage Area A location plan and photographs are attached at DSC-7. The proposed development plans for the new dwelling, garage and outbuilding are attached at DSC-8. The subject site is included in the East Bunbury Heritage Area however it is not an individual Heritage Place listed under the City of Bunbury Municipal Inventory. The existing dwelling is a single storey timber cottage constructed in the 1930-1940s, situated on an irregular shaped lot and surrounded by similar timber cottages. The East Bunbury Heritage Area Map 1 Heritage is attached at DSC-9.

The dwelling was subject to a fire 12 months ago which has damaged approximately 55% of the original structural jarrah members, as well as significant damage to the corrugated steel roof. The subject site has subsequently been sold with the new landowners seeking to demolish the existing dwelling and construct a new dwelling in accordance with the City’s Local Planning Policy 6.1: Heritage Conservation and Development. The Heritage Impact Statement and Structural Engineer Report is attached at DSC-10. Council Policy Compliance Not applicable. Legislative Compliance The following statutory planning instruments of the State Planning Framework and Local Planning Framework are applicable to the assessment of this application for development approval: - Planning and Development Act 2005 (as amended); - Planning and Development (Local Planning Schemes) Regulations 2015; - City of Bunbury Local Planning Scheme No.8 (LPS8); - City of Bunbury Heritage List; - State Planning Policy 3.5: Historic Heritage Conservation; and - Local Planning Policy 6.1: Heritage Conservation and Development (LPP6.1) Officer Comments The subject development application has two components: the proposed demolition of the existing dwelling; and proposed construction of a new single house, garage and outbuilding.

1. Demolition of Existing Dwelling

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Clause 4.1(d) of Local Planning Policy 6.1 Heritage Conservation and Development (LPP6.1) identifies that there are circumstances where demolition is justified, however needs to demonstrate the following specific requirements: “Demolition approval will not be considered on the grounds of economic / other gain for the redevelopment of the land; however, the local government may consider demolition approval on the grounds of structural inadequacy, subject to a structural engineer’s report undertaken by a suitably qualified engineer. This will need to be considered with the Heritage Impact Statement.” The justification report submitted by the applicant includes a Heritage Impact Statement (HIS) and a Structural Report prepared by a Structural Engineer in accordance with the LPP6.1 requirement. The HIS report outlines the following matters to justify the need to demolish the existing dwelling onsite: • the existing timber cottage is neglected, dilapidated and in disrepair; • significant alterations and additions have occurred that have little cultural and

heritage value; • the property was damaged by fire with approximately 55% of the internal and

external walls damaged including the roof; The accompanying structural report to the HIS (Structural Condition Survey - SCS) prepared by Structerre Consulting outlines that the structural integrity of the dwelling damaged by the fire event has been compromised. The main findings of the survey are outlined as follows: • the fire weakened overall structure and the roof support; and • the roof sheeting may cave in due to future weather events, potentially posing a risk

to any squatter occupants of the residence. The report concludes that there is sufficient damage to justify the demolition of the residence in its entirety.

2. Construction of a new single house, a garage and a shed (outbuilding).

Clause 5.8.1 of the LPP6.1 outlines the design guidelines to address heritage requirements for new dwellings within the heritage area. The guidelines specify that the construction of new buildings should respect the qualities of existing buildings. There is no requirement to replicate building styles, however they should be designed to ‘fit in’ with the existing streetscape. The proposed dwelling will feature weatherboard cladding to front elevation and a gable roof. The building materials are not a direct copy but respect the existing dwellings in the immediate locality and therefore are considered to fit in with the streetscape. The guidelines outlines that new dwellings should follow traditional pattern in terms of form, scale, general size and shape or other design features in the immediate locality. The proposed dwelling presents as a cottage dwelling when viewed from Park Street which is typical of the East Bunbury Heritage area, however with a significantly bigger floor area behind the street setback. Officers consider that the overall setting of the dwelling at the street frontage respects the dwelling typology in the locality.

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In addition to the above, the new dwelling includes a front verandah similar to that of other East Bunbury Heritage Area dwellings and the roof is between 250 and 350 roof pitch which is consistent with the LPP6.1. As such, the proposed new dwelling is recommended for approval. It is noted that the proposed design fits the irregular shape of the lot and maximises the development potential of the site, with the side setback meeting the relevant design principle of the R-Codes.

3. Comments from the Regional Heritage Advisor The Regional Heritage Advisor has advised that the proposal can be supported as the applicant has incorporated the recommendations provided at a meeting held previously with the applicant. The Regional Heritage Advisor advised: “I have reviewed the attached documents regarding the demolition of 7 Park St and the construction of a new house. We have previously met with the proponents and the proposal now submitted has incorporated the recommendations made at that time. Given that the place was already substantially altered in its detail and the subsequent fire damage which renders much of the building not retainable, the demolition is supported. Further the proposed new dwelling is supported as it has incorporated changes to the roof and windows as recommended in our earlier discussions.” In addition, the City’s Strategic Planner (Heritage) has advised that the proposal is acceptable, as it is considered to present well to the streetscape and incorporates design elements as previously advised.

Conclusion Officers consider that the applicant has addressed the City’s Local Planning Policy 6.1 requirements for the demolition of the existing dwelling. The Heritage Impact Statement (HIS) and Structural Report outlines that the structural integrity of the dwelling damaged by the fire event has been compromised and should be demolished.

The proposal is considered to comply with the design guidelines and existing housing typology within the East Bunbury Heritage Area. Therefore, it is recommended that the proposal is supported for approval. Analysis of Financial and Budget Implications This application for demolition and development approval relates to private property, and therefore, the effect of the recommendation has no direct budgetary or financial implications for the City of Bunbury. If the applicant is aggrieved by Council’s decision, they may apply for a review of the decision through SAT. If the decision is forwarded to SAT for appeal, the City of Bunbury may incur legal costs

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Community Consultation The application was advertised for public consultation from 11 May to 26 May 2020 with a letter posted to the immediate adjoining landowner at 9 Park Street regarding boundary setback variation and being advertised on the City’s website and local newspaper. An objection to the proposed boundary setback variation was received from the adjoining landowner. A Schedule of Submissions is attached at DSC-11.

Councillor/Officer Consultation The application for development approval has been referred to the City of Bunbury’s Development Coordination Unit (DCU) for professional advice and technical assessment prior to the finalisation of this report. This development application was referred to the Heritage Advisory Committee (HAC) on 12 June 2020 for a recommendation to assist with the decision-making process prior to going to Council for determination. The HAC resolved to recommend approval to the demolition of the dwelling and the construction of the new single house and associated structures, subject to an archival record being compiled. Consultation with the applicant The applicant was advised of the need to consult with the Heritage Advisory Committee and of the draft officer recommendation. Timeline: Council Decision Implementation Should Council approve the application, the applicant will be formerly notified in writing within five business days, with fours year to commence development. Should Council refuse the application, the applicant has the option to lodge an appeal within 28 days of the date of the decision to the State Administrative Tribunal (SAT.) Outcome of Meeting 4 August 2020

The recommendation (as printed) was moved by Cr Steck 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.

Council Decision 179/20

That Council, in accordance with clause 68(2) of Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015 and the City of Bunbury Local Planning Scheme No. 8 (LPS 8), approve the application for development approval for demolition of a dwelling and construction of a new single house, garage and outbuilding at Lot 1 (#7) Park Street, Bunbury, subject to the following conditions 1. At all times the development the subject of this development approval must comply with the definition of Single House, Garage and Outbuilding as contained in State Planning Policy 7.3 Residential Design Codes (R-Codes).

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2. All development shall be in accordance with the approved development plans (attached) which form part of this development approval. 3. This development approval will expire if the approved development has not substantially commenced within two (2) years from the date of issue of the approval, or, within any extended period of time for which the City of Bunbury has granted prior written consent. 4. All works required to satisfy a condition of this approval are required to be installed/constructed and maintained in accordance with the approved plans and conditions of approval for the life of the development. 5. An archival record to be compiled and presented to the City prior to the demolition of the dwelling at Lot 1 #7 Park Street to the satisfaction of the City. 6. A schedule of exterior materials, colours and finishes must be submitted with the building permit application for the approval of the City of Bunbury. The subject development must be finished and maintained in accordance with any approved schedule of materials. 7. Before the development is occupied, the access way(s), car parking and turning area(s) shall be constructed in accordance with the development approval to the satisfaction of the City of Bunbury. 8. Before the development is occupied, any alterations, relocation or damage of existing infrastructure within the road reserve must be completed and reinstated to the specification and satisfaction of the City of Bunbury. 9. Before the development is occupied, all disused or redundant vehicular crossover(s) must be removed and the area reinstated to the satisfaction of the City of Bunbury. 10.This property is situated on the Preston River Flood Plain and is susceptible to flooding. Habitable rooms in any building construction must have a minimum finished floor level of 1.5m AHD in accordance with the City of Bunbury’s Local Planning Policy: Development in Flood Affected Areas. 11.A minimum of 1 m³ of storm water storage for each 65 m² of impervious area must be provided on site’ in-accordance with the City of Bunbury’s Information Guide – Stormwater Disposal from Private, Commercial and Industrial Properties. Detailed design plans of the proposed stormwater management must be submitted for approval prior to the development commencing and be implemented in accordance with the approved plan prior to the development being occupied. 12.Before the development is occupied, the property must be connected to the Water Corporation reticulated sewerage system. 13.The boundary (parapet) walls, including footings and associated structures, shall be constructed wholly within the lot boundaries and finished to a quality finish and professional standard, to the satisfaction of the City of Bunbury. 14.Before the development commences, a damage bond to the value of $1000 must be paid to the City of Bunbury in accordance with the City of Bunbury’s Local Planning Policy “Bonds”.

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15.All construction activities must be undertaken so as to avoid dust nuisance to occupiers of land in the vicinity to the satisfaction of the City of Bunbury. CARRIED 11 votes “for” / 2 votes “against” Voting for: Mayor Brennan and Crs Steck, Giles, Hayward, Miguel, Kozisek, McCleary, Plumb, Steele, Turner and Yip Voting against: Crs Brown and Smith

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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 5.48pm. Confirmed this day, 18 August 2020 to be a true and correct record of proceedings of the City of Bunbury Council Meeting held on 4 August 2020.

_______________________________ Mr Gary Brennan

MAYOR