| Motion No. |
Item No |
Subject |
Motion |
| C.5095 |
10.1 |
Confirmation of Minutes from the Ordinary Council Meeting held 17 July 2024 |
That the minutes of the Ordinary Council meeting held on Wednesday, 17 July 2024 be CONFIRMED as a true and correct record of that meeting. |
| C.5096 |
10.2 |
Confirmation of Minutes from the Special Council Meeting held 14 August 2024. |
That the minutes of the Special Council meeting held on Wednesday, 14 August 2024 be CONFIRMED as a true and correct record of that meeting. |
| C.5097 |
10.3 |
Notes from the Council Forum Meeting held 14 August 2024. |
That Council RECEIVES the notes from the Council Forum meeting held on Wednesday, 14 August 2024. |
| C.5098 |
13.1.1 |
Western Australian Local Government Association (WALGA) - Annual General Meeting |
That Council:
1. NOMINATES the Shire President and Deputy Shire President as voting delegates at the 2024 Western Australian Local Government Association Annual General Meeting;
2. NOMINATES Cr J E G Williams and Cr H J Appleton as proxy voting delegates at the 2024 Western Australian Local Government Association Annual General Meeting. |
| C.5099 |
13.1.2 |
Northam Airfield Rules of Operation |
That Council:
1. REQUESTS the Chief Executive Officer to undertake consultation with existing hangar owners and aircraft owners who regularly utilise parking at the Northam Airfield on the proposed updated Rules of Operation for the Northam Airfield (Attachment 13.1.2.1).
2. Subject to there being no significant objections to the proposed updated rules, APPROVES the Rules of Operation for the Northam Airfield as provided in Attachment 13.1.2.1. |
| C.5100 |
13.1.3 |
Shire of Northam Bush Fire Brigade Local Law 2024 |
That Council:
1. In accordance with Section 3.12(3)(a) of the Local Government Act 1995, GIVES local public notice stating that the Shire of Northam proposes to make a Bush Fire Brigades Local Law 2024 (Attachment 13.1.3.3), a summary of its purpose and effect being:
Purpose
To make provisions about the establishment and organisation of bush fire brigades.
Effect
To align the Shire of Northam Bushfire Brigades Local Law with legislative requirements under the Bush Fires Act 1954 and operational practice.
2. NOTES that:
a. Copies of the proposed Bush Fire Brigades Local Law 2024 may be inspected at the Shire’s offices and will be made available on the Shire’s website.
b. Submissions regarding the proposed Bush Fire Brigades Local Law 2024 may be made to the Shire within a period of 6 weeks after the public notice is given.
c. In accordance with Section 3.12(3)(b) of the Local Government Act 1995, as soon as the notice is given, a copy of the proposed Bush Fire Brigades Local Law 2024 will be provided to the Minister for Emergency Services and the Minister for Local Government; and
d. In accordance with Section 3.12(3)(c) of the Local Government Act 1995, a copy of the proposed Bush Fire Brigades Local Law 2024 will be supplied to any person requesting it.
3. NOTES that all submissions received will be presented to Council for consideration. |
| C.5101 |
13.1.4 |
Delegated Authority 3.1.11 Prosecution of Offences |
That Council, BY ABSOLUTE MAJORITY:
1. DELEGATES Authority to the Executive Manager Development Services, Senior Ranger, Ranger/s and Community Emergency Services Manager to perform the functions listed under delegated authority reference 3.1.11 Prosecution of Offences in the Shire of Northam Delegated Authority Register 2024/25.
2. AUTHORISES the Chief Executive Officer to make necessary adjustments to the Delegated Authority Register 2024/25. |
| C.5102 |
13.3.1 |
Proposed Scheme Amendment No. 20 - 185 Wellington St, Northam |
That Council:
1. RESOLVES, in pursuance of Section 75 of the Planning and Development Act 2005, to initiate an amendment to the Shire of Northam Local Planning Scheme No.6 by:
a. Rezoning a portion of Lot 600 (No. 185) Wellington Street, Northam from ‘Public Purposes – Church’ to ‘Residential R30’;
b. Inserting into Schedule 2 – Additional Uses, the following text:
{* No.:
- 12
* Description of Land:
- Lot 600 (No. 185) Wellington Street, Northam
* Additional Use:
- Tourist Accommodation (‘A’)
- Restaurant (‘A’)
* Conditions:
1. All development on the land shall be subject to an application for development approval.
2. All development and use shall be in accordance with any plans, conditions and management requirements approved by the local government.
3. No alterations or extensions to the land use shall be undertaken without the approval of the local government.}
c. Amending the scheme map accordingly;
2. NUMBERS the proposed local planning scheme amendment ‘Amendment No. 20’ to Shire of Northam Local Planning Scheme No. 6;
3. RESOLVES, pursuant to the Regulation 35(2) of the Planning and Development (Local Planning Schemes) Regulations 2015 (Regulations), that proposed Scheme Amendment No. 20 is a standard amendment pursuant to Regulation 34 of the Regulations as it is:
a. generally consistent with the objectives of the Local Planning Strategy;
b. is anticipated to have minimal impact on surrounding land; and
c. is anticipated to have no significant environmental, social, economic or governance impacts on land in the scheme area.
4. Pursuant to Section 81 of the Planning and Development Act 2005, REFERS proposed Amendment No. 20 to the Environmental Protection Authority prior to advertising in accordance with Regulation 47(2)(a) up to and including (e) of the Regulations;
5. Pursuant to Regulation 47(1) of the Regulations, PROVIDES Notice of Amendment No. 20 to the Western Australian Planning Commission;
6. ADVERTISES Amendment No. 20 in accordance with Regulation 47(3) and Regulation 76A of the Regulations; and
7. COMPILES any resulting comments or modifications to be further considered by Council prior to final adoption. |
| C.5103 (a) |
13.3.2 |
Proposed Scheme Amendment No. 21 - 50 Boronia Ave, Wundowie |
That Council:
1. RESOLVES, in pursuance of Section 75 of the Planning and Development Act 2005, to initiate an amendment to the Shire of Northam Local Planning Scheme No.6 by:
a. Inserting new clause 3.2.13 – ‘Rural Townsite Zone’ to read as follows:
Rural Townsite Zone
i. To provide for a range of land uses that would typically be found in a small country town;
ii. To encourage the growth of tourism businesses and experiences in the rural townsites of Northam which are compatible with the rural character of the locality.
b. Amending clause 3.3 – ‘Table 1: Zoning Table’ as follows:
LANDUSE - Rural townsite
* Abattoir - X
* Aged Persons Hostel - D
* Agriculture – Extensive - X
* Agriculture – Intensive - X
* Agroforestry - X
* Amusement Parlour - A
* Animal Establishment - X
* Animal Husbandry – Intensive - X
* Art Gallery - P
* Bed & Breakfast - P
* Betting Agency - D
* Boarding House - D
* Brewery - A
* Bulky Goods Showroom - X
* Caravan Park - X
* Caretaker’s Dwelling - I
* Carpark - X
* Childcare Premises - A
* Cinema/Theatre - A
* Civic Use - D
* Club Premises - A
* Commercial Vehicle Parking - X
* Community Purpose - D
* Consulting Rooms - D
* Convenience Store - D
* Corrective Institution - X
* Dry Cleaning Premises - D
* Educational Establishment - D
* Equestrian Activity - X
* Exhibition Centre - A
* Family Day Care - D
* Fast Food Outlet - A
* Fuel Depot - X
* Funeral Parlour - A
* Garden Centre - D
* Health Studio - D
* Holiday Accommodation - D
* Home Business - P
* Home Occupation - P
* Home Office - P
* Home Store - D
* Hospital - A
* Hotel - A
* Industry – Cottage - D
* Industry – Extractive - X
* Industry – General - X
* Industry – Light - A
* Industry – Mining - X
* Industry – Primary Production - X
* Industry – Rural - X
* Industry – Service - A
* Landscape Supplies - X
* Laundromat - D
* Liquor Store – Large - X
* Liquor Store – Small - D
* Lunch Bar - D
* Market - X
* Medical Centre - A
* Motel - A
* Motor Vehicle, Boat or Caravan Sales - D
* Motor Vehicle Repair - A
* Motor Vehicle Wash - D
* Motor Vehicle Wrecking - X
* Museum - D
* Nightclub - X
* Nursing Home - A
* Office - P
* Place of Worship - D
* Power Generation - X
* Produce Stall - X
* Public Utility - P
* Reception Centre - D
* Recreation – Private - D
* Renewable Energy Facility - X
* Residential
- Aged & Dependent Persons Dwelling - D
- Ancillary Dwelling - I
- Grouped Dwelling - P
- Holiday Home - D
- Multiple Dwelling - D
- Single House - P
* Residential Building - D
* Restaurant - D
* Restricted Premises - X
* Roadhouse - X
* Rural Home Business - X
* Rural Pursuit - X
* Salvage Yard - X
* Service Station - A
* Shop - P
* Showroom - A
* Small Bar - A
* Stockyards - X
* Storage - X
* Tavern - A
* Telecommunications Infrastructure - D
* Tourist Accommodation - D
* Tourist Development - D
* Trade Display - D
* Trade Supplies - D
* Transport Depot - X
* Tree Farm - X
* Vehicle Recovery & Towing - A
* Veterinary centre - A
* Warehouse - X
* Waste Disposal Facility - X
* Waste Storage Facility - X
* Winery - X
* Workers Accommodation - X
c. Rezoning Lots 279 and 280 (No. 50) Boronia Avenue, Wundowie from ‘Commercial’ to ‘Rural Townsite’;
d. Amending the scheme maps accordingly. |
| C.5103 (b) |
13.3.2 |
Proposed Scheme Amendment No. 21 - 50 Boronia Ave, Wundowie |
2. NUMBERS the proposed local planning scheme amendment ‘Amendment No. 21’ to Shire of Northam Local Planning Scheme No. 6;
3. RESOLVES, pursuant to the Regulation 35(2) of the Planning and Development (Local Planning Schemes) Regulations 2015 (Regulations), that proposed Scheme Amendment No. 21 is a standard amendment pursuant to Regulation 34 of the Regulations as it is:
a. generally consistent with the objectives of the Local Planning Strategy;
b. is anticipated to have minimal impact on surrounding land; and
c. is anticipated to have no significant environmental, social, economic or governance impacts on land in the scheme area.
4. Pursuant to Section 81 of the Planning and Development Act 2005, REFERS proposed Amendment No. 21 to the Environmental Protection Authority prior to advertising in accordance with Regulation 47(2)(a) up to and including (e) of the Regulations;
5. Pursuant to Regulation 47(1) of the Regulations, PROVIDES Notice of Amendment No. 21 to the Western Australian Planning Commission;
6. ADVERTISES Amendment No. 21 in accordance with Regulation 47(3) and Regulation 76A of the Regulations; and
7. COMPILES any resulting comments or modifications to be further considered by Council prior to final adoption. |
| C.5104 |
13.3.3 |
Proposed Scheme Amendment No. 22 - 51 Jocoso Rise, Wundowie |
That Council:
1. RESOLVES, in pursuance of Section 75 of the Planning and Development Act 2005, to initiate an amendment to the Shire of Northam Local Planning Scheme No.6 by:
a. Amending the provisions of Schedule 4 - Special Use Zone No. 9 to read as follows:
{* No.
- 9
* Description of Land
- Lot 90 (No. 51) Jocoso Rise, Wundowie
* Special Use
- Grouped dwellings, motel, office, club premises, park home park, reception centre and associated uses.
* Conditions
1. Subdivision of land shall be limited to built or survey strata subdivision.
2. At subdivision stage use restrictions shall be imposed on lots to limit occupancy to persons 45 years and older.
3. The R-Codes are to apply. Subdivision and development are to be in accordance with the R40 density code.
4. Lots shall be connected to a reticulated sewerage system.
5. Prior to the submission of an application for development approval, a Local Development Plan (LDP) for the land is to be prepared and approved by the local government. The LDP should provide sufficient information to address the requirements of the Scheme including traffic management, car parking, waste management and pedestrian access and walkways.
6. Prior to subdivision or development, a Bushfire Management Plan (BMP) and Emergency Evacuation Plan is to be prepared and approved, in accordance with the Guidelines for Planning in Bushfire Prone Areas (as amended). The BMP should provide sufficient information to address the bushfire protection criteria including siting and design of development and vehicle access.
7. Maximum development of 19 motel units and uses ancillary thereto including swimming pool, gym and tennis court, as approved by the local government.
8. Subdivision and development on the land shall be subject to a notification on title to advise landowners of potential impact from the operation of the Linley Valley abattoir.
9. Any expansion is to be considered via a local planning scheme amendment to modify the provisions of the Special Use zone.}
b. Deleting Special Use Zone No. 12 from Schedule 4;
c. Amending the scheme maps accordingly.
2. NUMBERS the proposed local planning scheme amendment ‘Amendment No. 22’ to Shire of Northam Local Planning Scheme No. 6;
3. RESOLVES, pursuant to the Regulation 35(2) of the Planning and Development (Local Planning Schemes) Regulations 2015 (Regulations), that proposed Scheme Amendment No. 22 is a standard amendment pursuant to Regulation 34 of the Regulations as it is:
a. generally consistent with the objectives of the Local Planning Strategy;
b. is anticipated to have minimal impact on surrounding land; and
c. is anticipated to have no significant environmental, social, economic or governance impacts on land in the scheme area.
4. Pursuant to Section 81 of the Planning and Development Act 2005, REFERS proposed Amendment No. 22 to the Environmental Protection Authority prior to advertising in accordance with Regulation 47(2)(a) up to and including (e) of the Regulations;
5. Pursuant to Regulation 47(1) of the Regulations, PROVIDES Notice of Amendment No. 21 to the Western Australian Planning Commission;
6. ADVERTISES Amendment No. 22 in accordance with Regulation 47(3) and Regulation 76A of the Regulations; and
7. COMPILES any resulting comments or modifications to be further considered by Council prior to final adoption. |
| C.5105 |
13.3.4 |
Variation to Alfresco Dining Permit - 190 Fitzgerald Street, Northam |
That Council APPROVES a variation to all future Alfresco Dining Permits for 190 Fitzgerald Street, Northam (trading as Hotel 190) to enable the thoroughfare (portion of footpath) adjacent to the business to be physically obstructed on Fridays from 8:00pm to 12:00am, subject to the following condition:
a. The proprietor is to provide accessibility to thoroughfare upon request. |
| C.5106 |
13.3.5 |
Proposed Dwelling - 71 Higgs Place, Bakers Hill |
That Council APPROVES the development application (ref: P24066) for the construction of a new dwelling at Lot 809, 71 Higgs Place, Bakers Hill, subject to the following conditions:
a. The development hereby approved must substantially commence within two (2) years from the date of determination.
b. The development hereby permitted shall be carried out in accordance with the stamped approved plans.
c. All development (including septics, batters and associated earthworks) shall be confined to the area within the approved building envelope.
d. No vegetation shall be cleared outside the building envelope unless otherwise approved by the local government.
e. The applicant must implement the recommendations contained in the Bushfire Management Plan prepared by Building Certification Services WA dated 05/06/2024 and approved by the Local Government for the duration of the development.
f. Prior to occupation, the dwelling and outbuildings shall be connected to a rainwater tank a minimum of 10,000 litres for the management of stormwater. Any overflow from the rainwater tank shall be managed on-site so that there is on discharge onto the adjoining properties to the satisfaction of the local government.
g. Prior to occupation of the development, the approved screening measures, including landscaping, shall be installed to the satisfaction of the local government.
h. Prior to occupation, a car parking area is to be provided for the approved dwelling. This area is to be a gravel hardstandarea in close proximity to an entry of the dwelling as a minimum standard.
i. Prior to occupation, the dwelling shall be connected to an approved effluent disposal system.
j. Prior to occupation, the dwelling shall be connected to an approved reticulated water supply. |
| C.5107 |
13.4.1 |
Accounts & Statement of Accounts - July 2024 |
That Council RECEIVES the payments for the period 1 July 2024 to 31 July 2024, as listed:
• Municipal Fund payment cheque numbers 35647 to 35655 - Total $166,035.14.
• Municipal Fund EFT51294 to EFT51603 - Total $2,290,472.07.
• Direct Debits - Total $116,061.00.
• Payroll - Total $538,368.09.
TOTAL: $3,110,936.30
that have been made in accordance with the delegated authority reference number (M/F/F/Regs LGA 1995 S5.42). |
| C.5108 |
13.4.2 |
Budget Amendment 2023/24 |
That Council, by ABSOLUTE MAJORITY, ADOPTS the following amendments to the 2023/24 Budget:
Item - From - Credit ($) - To - Debit ($)
* Suspension Bridge - MB9223 - (83,395.97) - BR9223 - 83,395.97
* Fence Wundowie Playground - W11351 - (9,309.09) - PC11351 - 9,309.09
* Fence Depot Laydown Area - RM2025 - (23,645.45) - 4120190 - 23,645.45
* Dr Dunlop Park - W11333 - (7,775.20) - PC11333 - 7,775.20
* Clark Street Pump House - W10302 - (15,931.00) - 4130890 - 15,931.00
* Parking Fitzgerald Street - FM2003 - (10,054.09) - RC2003 - 10,054.09
* Parking Striling Street - RM2015 - (15,205.00) - RC2015 - 15,205.00
Impact - Credit (165,315.80) - Debit 165,315.80 |
| C.5109 |
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)(c) of the Local Government Act 1995, MEETS behind closed doors to consider agenda item/s:
* 14.1 - Lease of a Portion of 44 Peel Terrace, Northam.
* 14.2 - Lease of Hangar 24 & 25 Northam Airfields. |
| C.5110 |
14.1 |
Lease of a Portion of 44 Peel Terrace, Northam |
That Council, subject to there being no significant objections to the proposed disposal:
1. AUTHORISES a lease agreement with Ms Rebecca Davey trading as Wiggly Wag Tails Early Learning for a portion of 44 Peel Terrace, Northam (known as the Recreation Centre Creche and as detailed on Attachment 14.1.1) with the following terms:
a. Term: One year, with an option to renew for a further one year.
b. Rent: $10,972.54 per annum plus GST and annual CPI increases.
c. All other terms and conditions in accordance with A 8.5 Property Management (Leases and Licences).
2. DECLARES that the market valuation carried out on 2 November 2020 is believed to be a true and current indication of the market rent value. |
| C.5111 |
14.2 |
Lease of Hangar 24 & 25 Northam Airfields |
That Council:
1. In accordance with Policy A 8.5 - Property Management (Leases and Licences), APPROVES a lease with Northam Air Services Pty Ltd for Hangars 24 and 25 at the Northam Airfield (as detailed on Attachment 14.2.1 and 14.2.2), for a term of eleven years, with a five year renewal option.
2. DECLARES that the valuation obtained on 7 April 2022 is believed to be a true and current indication of the value. |
| C.5112 |
14 |
Matters behind closed doors |
That Council move out from behind closed doors. |