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Ordinary Council Meeting - 17 August 2022

Wednesday, August 17, 2022 - 05:30 PM

An Ordinary Council Meeting was held in the Council Chambers at 395 Fitzgerald Street, Northam on 17 August 2022 at 5:30pm.

Decision No. Item No. Item Name Decision
C.4532 13.3.1 Proposed Amendment – Co-Operative Bulk Handling, Leeming Road, Grass Valley That Council resolves to:

1. Accept that the development application reference P21083.2 as detailed on the development application form dated 27 August 2020 is appropriate for consideration in accordance with regulation 77 of the Planning and Development (Local Planning Schemes) Regulations 2015;

2. Approve the development application reference P19080.1 as detailed on the development application form dated 28 July 2022 and accompanying plans:

    • Site Plan – 801-ENG-CI-DCO-0015; Rev. A;
    • Standard Elevation Drawing – S119-ENG-ST-DGA-0003; Rev. 0;
    • Standard DOG Drawing – S040-ENG-ME-DGA-0010; Rev. 0;
    • Stormwater Management Plan – Shawmac dated 27/07/2022;
    • Traffic Impact Assessment – Shawmac dated 27/07/2022.

in accordance with clause 68 of Schedule 2 (Deemed Provisions) 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 amendments to the approved temporary grain receival and storage facility at Lot 9002 Leeming Road, Grass Valley.

3. Add an additional condition (No. 9) of development approval (ref: P21083) dated 21 July 2021 and as amended on 20 July 2022 (P21083.1) to read:

“A Construction Management Plan shall be submitted for approval to the Shire of Northam prior to commencement of works. The Construction Management Plan shall address dust, noise, waste management, storage of materials, traffic management and site safety/security. The Construction Management Plan is to be complied with for the duration of the construction of the development.”


4. Advise the Applicant that all other conditions of the development approval (P21083) dated 21 July 2021 and as amended on 20 July 2022 (P21083.1) remain unchanged.
C.4533 12.1 NYOONGAR CULTURAL ADVISORY GROUP COMMITTEE MEETING HELD ON 14 MAY 2022 That Council receive the minutes from the Nyoongar Cultural Advisory Group Committee meeting held on 14 May 2022.
C.4534 12.1 NYOONGAR CULTURAL ADVISORY GROUP COMMITTEE MEETING HELD ON 14 MAY 2022

That Council:

1. Accepts the following nominations on the Nyoongar Cultural Advisory Group Committee:

  • Ms Donna Moody – representing the Moody Family
  • Yvonne Kickett – representing the Kickett Family
  • Shirley Slater – representing the Slater Family

2. Receives the Bilya Koort Boodja update as presented.

3. Accepts the plan to host an event or events for the week of Reconciliation Week, 27 May 2022 – 3 June 2022.

C.4535 13.1.1 Lease Agreement for Northam Pistol Club, Portion of Reserve 3303, 98 Clarke Street Northam That Council:

1. Lease a portion of Reserve 3303, 98 Clarke Street, Northam to the Northam Pistol Club Inc. for a period of five (5) years in accordance with section 2.0 of Council Policy A 8.5 Management of Council Property Leases and subject to:

a. Section 18 approval under the Land Administration Act 1997 being provided by the Minister for Planning, Lands and Heritage
C.4536 13.2.2 RFQ 10 of 2022 Spencers Brook Road Spray Seal & Asphalt Works That Council:

1. Award Request for Quote 10 of 2022 – Spencers Brook Road Spray Seal and Asphalt Works for $318,926.62(ex GST) to Fulton Hogan Industries Pty Ltd.

2. Authorise the Chief Executive Officer to make minor variations (maximum increase of 5%) to the awarded price prior to entering a contract with Fulton Hogan Industries Pty Ltd.
C.4537 13.3.2 Proposed Review of the Heritage List That Council:

1. Adopt the draft amended Heritage List; subject to the following amendments

• amend item 75 on the list by removing reference to lot 5

2. Notify all affected land owners and occupiers and the State Heritage Council of the amendments to the Heritage List.
C.4538 13.4.1 Accounts & Statements of Accounts 1 July 2022 to 31 July 2022 That Council receive the payments for the period 1 July 2022 to 31 July 2022, as listed:

• Municipal Fund payment cheque numbers 35509 to 35515 Total $35,158.28.

• Municipal Fund EFT44134 to EFT44460 Total $1,922,165.42.

• Direct Debits Total $92,241.22.

• Payroll Total $450,983.16

TOTAL: $2,500,548.08

Which have been made in accordance with the delegated authority reference number (M/F/F/Regs LGA 1995 S5.42).
C.4539 13.5.1 Nyoongar Cultural Advisory Group That Council:

1. Accept the report as presented.

2. That the following families be approached to attend the meetings:

• Garlett family.

• Winmar family.

• Yarran family.
C.4540 14 MATTERS BEHIND CLOSED DOORS That Council, in accordance with section 11.1(i) of the Shire of Northam Standing Orders Local Law 2018 and Section 5.23 (2) (b) (c) (d) of the Local Government Act 1995, meet behind closed doors to consider agenda items:

• 14.1 Lease of a portion of Reserve 44700 - as the matter relates to a contract which may be entered into.

• 14.2 Unauthorised Structure – A72 – as the matter relates to the personal affairs of a person and legal advice obtained or which may be obtained.
C.4541 14.1 LEASE OF A PORTION OF RESERVE 44700 That Council revoke decision C.4431 which was made at the Ordinary Council Meeting held on 16 March 2022.
C.4542 14.1 LEASE OF A PORTION OF RESERVE 44700 That Council:

1. In accordance with section 3.58 of the Local Government Act 1995, give local public notice of the proposed disposal of a portion of Reserve 44700 comprising of 41.8 hectares (as highlighted on Attachment 1) to Mr David Painter and Mrs Elissa Painter for a period of three (3) years with a renewal option of two (2) years at the cost of $2,016 per annum.

2. Declares that the valuation which was carried out more than 6 months before the proposed disposition is believed to be a true indication of the value at the time of the proposed disposal.

3. Subject to there being no objections to the proposed disposal, dispose of a portion of Reserve 44700 comprising of 41.8 hectares (as highlighted on Attachment 1) to Mr David Painter and Mrs Elissa Painter for a period of three (3) years with a renewal option of two (2) years at the cost of $2,016 per annum, in accordance with section 5.0 of Council Policy A 8.5 Management of Council Property Leases and subject to:

a. Section 18 approval under the Land Administration Act 1997 being provided by the Minister for Planning, Lands and Heritage
C.4543 14.2 UNAUTHORISED STRUCTURE – A72 That Council authorise the CEO to:

1. Correspond with the owner of 4 Hovea Crescent, Wundowie requesting removal of the structure and of Council’s intent to initiate legal proceedings under section 214 of the Planning and Development Act 2005 should the owner fail to comply.

2. Initiate legal action under the provisions of section 214 of the Planning and Development Act 2005 for unauthorised development should the building not be removed or a satisfactory response is not received within 21 days.