Ordinary Council Meeting - 16 February 2022

1. Confirm the minutes from the Annual Electors General Meeting held on 19 January 2022 as a true and correct record of that meeting; and
2. Accept the Shire of Northam Annual Report for the year 2020/21, incorporating the Annual Financial Statements, Auditor's Report, President’s Report and Chief Executive Officers Report.

1. Accept that the development application reference P17038.1 is appropriate for consideration in accordance with clause 77 of the Planning and Development (Local Planning Schemes) Regulations 2015.
2. Approve development application reference P17038.1 and accompanying plans in accordance with clause 77 of the Planning and Development (Local Planning Schemes) Regulations 2015, and the provisions of the Shire of Northam Local Planning Scheme No. 6, for the proposed minor amendment to the approved Free Range Poultry Broiler Farm at Lot 13 Northam-York Road, Muluckine subject to the following advice note:

1. Authorise the CEO to enter negotiations with the preferred supplier, being WCP Civil Pty Ltd with a view of awarding RFQ 24 of 2021 - Construction Package, following successful negotiations, to WCP Civil Pty Ltd for the maximum contract amount of $1,524,035 (ex GST), to complete works on the following roads:
   1. Dring Street;
   2. Charles Street;
   3. Wellington Street;
   4. Robinson Road;
   5. Jennapullin Road, and;
   6. Southern Brook Road.
2. Authorise the CEO to execute the contract with WCP Civil Pty Ltd for the agreed amount.
3. Endorse the deferral of the following road works projects to be reflected in the upcoming midyear budget review:
   1. Fitzgerald St
   2. Leader Road
   3. Mokine Road
   4. Grass Valley South Road

That Council, pursuant to section 75 of the Planning and Development Act 2005 and regulation 50. (3) (standard amendment) of the Planning and Development (Local Planning Schemes) Regulations 2015, resolves to:

1. Adopt, with modifications, the proposed Amendment No. 16 to the Shire of Northam Local Planning Scheme No.6, to:
   1. Rezone a portion of land in the north-western corner of the Avon Industrial Park from ‘Parks and Recreation’ to ‘General Industry’, being portion of Lot 9002 on Plan 68686 and the entirety of Lot 17 on Plan 25370.
   2. Modify the scheme text by:
      1. Inserting a new ‘Renewable Energy Facility’ land use definition in Schedule 1: Dictionary of Defined Words and Expressions, as follows:
         ‘renewable energy facility’ means premises used to generate energy from a renewable energy source and includes any building or other structure used in, or relating to, the generation of energy by a renewable resource. It does not include renewable energy electricity generation where the energy produced principally supplies a domestic and/or business premises and any on selling to the grid is secondary.”
      2. Inserting clause 4.28.5:
         In the General Industry zone; in order to conserve environmental values and amenity, native trees and revegetated areas shall be retained unless their removal is authorised by local government or is associated with approved works, vehicle access or required bushfire mitigation measures or the trees are dead, diseased or dangerous.
   3. Amend Table 1: Zoning Table to include the new ‘Renewable Energy Facility’ land use, as a discretionary (‘A’) use, subject to advertising, within the ‘General Industry’ zone and the ‘Rural’ zone, and a prohibited (‘X’) use in all other zones, as shown below:  

   4. LAND USE	RESIDENTIAL	DEVELOPMENT	COMMERCIAL	MIXED USE	TOURIST	GENERAL INDUSTRY	LIGHT & SERVICE INDUSTRY	RURAL	RURAL RESIDENTIAL	RURAL SMALLHOLDINGS	ENVIRONMENTAL CONSERVATION
      Renewable Energy Facility	X	*	X	X	X	A	X	A	X	X	X

   5. Delete the ‘Storage’ and ‘Warehouse’ land use definitions in Schedule 1: Dictionary of Defined Words and Expressions, and replacing these with a new ‘Warehouse/Storage’ land use definition as follows:
      
      ‘warehouse/storage’ means premises including indoor or outdoor facilities used for:
      (a)The storage of goods, equipment, plant or materials; or
      (b) The display or the sale by wholesale of goods.
      
      
   6. Amend Table 1: Zoning Table to include the new ‘Warehouse/Storage’ land use, as a permitted (‘P’) use in the ‘Light and Service Industry’ zone, a discretionary (‘D’) use within the ‘General Industry’ and ‘Mixed Use’ zones, a discretionary (‘A’) use, subject to advertising, within the ‘Rural’ zone and the ‘Rural’ zone, and a prohibited (‘X’) use in all other zones, as shown below:
      

      LAND USE	RESIDENTIAL	DEVELOPMENT	COMMERCIAL	MIXED USE	TOURIST	GENERAL INDUSTRY	LIGHT & SERVICE INDUSTRY	RURAL	RURAL RESIDENTIAL	RURAL SMALLHOLDINGS	ENVIRONMENTAL CONSERVATION
      Warehouse/ storage	X	*	X	D	X	D	P	A	X	X	X

   7. Inserting a new land use exemption in Schedule A – Supplemental Provisions to the Deemed provisions as follows:
      Clause 61(2):
      The use of land in the General Industry zone for ‘warehouse/storage’ including as an incidental use that –
      
      1. If outdoor, is in a clearly defined area screened from public view by a building, bund, closed wall or fence no less than 1.8 metres in height, or by screen landscaping of a minimum of 10 metres in width approved by the local government;
      2. Is not located within the setbacks for the zone;
      3. Does not detract from the amenity of the aera; and
      4. Provides sufficient access for loading and unloading vehicles, including an approved crossover.
2. Authorise the Shire President and Chief Executive Officer to execute the relevant scheme amendment documentation and affix the common seal of the Shire of Northam to the scheme amendment documentation.
3. Forward Amendment Document, Amendment Schedule, Council Report, Schedule of Submissions and Modification, and Submissions to the Western Australian Planning Commission with a request that the Hon. Minister for Planning grant approval to the amendment (with modifications) and its gazettal.

Note: The amendment is a standard amendment in accordance with part (a), (b), (e) and (f) of the standard amendment definition contained in Regulation 34 of the Planning and Development (Local Planning Schemes) Regulations 2015.

• Municipal Fund payment cheque numbers 35472 to 35477 Total $57,663.93.
• Municipal Fund EFT42449 to EFT42747 Total $1,423,108.71.
• Direct Debits Total $89,637.93.
• Payroll Total $481,522.24

1. Approves the booking of the GAIA work for 11-28 August 2022.
2. Include $40,000 in the 2022/23 Draft Budget for the project.

• 14.1 - Chief Executive Officer Review Committee held on 9 February 2022 as it relates to a matter affecting an employee.

1. Request the CEO provide his KPI 2021/22 Report for the year to date in writing to the committee members.
2. Hold a meeting of the CEO Review Committee at 4:00pm on Wednesday, 9 March 2022, with the following meeting to be held on 11 May 2022 as per the approved schedule.