city of busselton minutes for the policy and … · 5.1 minutes of the policy and legislation...

Please note: These minutes are yet to be confirmed as a true record of proceedings

CITY OF BUSSELTON

MINUTES FOR THE POLICY AND LEGISLATION COMMITTEE MEETING HELD ON 19 NOVEMBER 2015

TABLE OF CONTENTS ITEM NO. SUBJECT PAGE NO.

1. DECLARATION OF OPENING AND ANNOUNCEMENT OF VISITORS................................................... 2

2. ATTENDANCE ............................................................................................................................... 2

3. PUBLIC QUESTION TIME ................................................................................................................ 2

4. DISCLOSURE OF INTERESTS ........................................................................................................... 2

5. CONFIRMATION OF MINUTES ....................................................................................................... 3

5.1 Minutes of the Policy and Legislation Committee held on 21 October 2015 ....................... 3

6. REPORTS ...................................................................................................................................... 3

6.1 OUTDOOR EATING FACILITY POLICY ..................................................................................... 3

7. GENERAL DISCUSSION ITEMS ...................................................................................................... 13

7.1 FACADE SUBSIDY APPLICATION - PRELIMINARY PLANS FOR FEEDBACK ............................ 13

7.2 ELECTED MEMBERS' MAIL HANDLING POLICY ................................................................... 14

8. NEXT MEETING DATE .................................................................................................................. 15

9. CLOSURE .................................................................................................................................... 15

Policy and Legislation Committee 2 19 November 2015

MINUTES

MINUTES OF A MEETING OF THE POLICY AND LEGISLATION COMMITTEE HELD IN THE COUNCIL CHAMBERS, ADMINISTRATION BUILDING, SOUTHERN DRIVE, BUSSELTON, ON 19 NOVEMBER 2015 AT 2.00PM.

1. DECLARATION OF OPENING AND ANNOUNCEMENT OF VISITORS

The Presiding Member opened the meeting at 2.03pm.

2. ATTENDANCE

Presiding Member:

Members:

Cr Coralie Tarbotton Cr Grant Henley Cr Rob Bennett Cr Rob Reekie Cr Ross Paine

Officers: Mr Paul Needham, Director, Planning and Development Services (until 2.54pm) Mrs Sarah Pierson, Acting Director, Finance and Corporate Services Mrs Tanya Gillett, Environmental Health Coordinator (until 2.54pm) Miss Carly Rundle, Planning Officer (from 2.25pm, until 2.54pm) Miss Lynley Rich, Manager, Governance Services Miss Hayley Barge, Administration Officer, Governance Apologies Nil Approved Leave of Absence Nil

3. PUBLIC QUESTION TIME

Nil

4. DISCLOSURE OF INTERESTS

Nil


5. CONFIRMATION OF MINUTES

5.1 Minutes of the Policy and Legislation Committee held on 21 October 2015

Committee Decision PL1511/056 Moved Councillor G Henley, seconded Councillor R Bennett

That the Minutes of the Policy and Legislation Committee Meeting held 21 October 2015 be confirmed as a true and correct record.

CARRIED 5/0

6. REPORTS

6.1 OUTDOOR EATING FACILITY POLICY

SUBJECT INDEX: Food Premises STRATEGIC OBJECTIVE: A City of shared, vibrant and well planned places that provide for

diverse activity and strengthen our social connections. BUSINESS UNIT: Environmental Services ACTIVITY UNIT: Environmental Health REPORTING OFFICER: Environmental Health Coordinator - Tanya Gillett AUTHORISING OFFICER: Director, Planning and Development Services - Paul Needham VOTING REQUIREMENT: Simple Majority ATTACHMENTS: Nil PRÉCIS The Outdoor Eating Facility Policy is presented to Council for review and to initiate public consultation. Once submissions are collated and assessed, the revised Policy will be brought back to Council for final adoption early in 2016. BACKGROUND Outdoor or al fresco dining (now referred to as outdoor eating facilities) have previously been governed by the Local Law Relating to Eating Areas in Streets and Other Public Places. This Local Law has now been repealed and the governance framework for all outdoor eating facilities is now included within the recently gazetted Activities in Thoroughfares and Public Places and Trading Local Law 2015. The proposed Policy provides Council with a consistent framework to encourage, control and regulate outdoor eating facilities located in public places within the City. The Policy will provide guidance for the consistent assessment of applications and include standard conditions of approval for Outdoor Eating Facility permits to be issued in accordance with the Local Law. STATUTORY ENVIRONMENT Local Government Act 1995 Activities in Thoroughfares and Public Places and Trading Local Law 2015 Local Law Relating to Eating Areas in Streets and Other Public Places (repealed) RELEVANT PLANS AND POLICIES Nil


FINANCIAL IMPLICATIONS Council adopted a fee structure for Outdoor Eating Facilities within the Schedule of Fees and Charges for 2015/16. This introduced a number of fees as follows:

Application for Outdoor Eating Facility Permit - $100

Minimum Outdoor Eating Facility Fee/year - <10m2 - $50

Outdoor Eating Facility Fee/year/non-liquor-licensed area - <30m2 - $100

Outdoor Eating Facility Fee/year/non-liquor-licensed area - >30m2 - $250

Outdoor Eating Facility Fee/year/Liquor-licensed area - <30m2 - $300

Outdoor Eating Facility Fee/year/Liquor-licensed area - >30m2 - $500

Application for Transfer of Outdoor Eating Facility Permit - $100 This report was previously deferred to let further work be completed to allow the Council to reconsider these fees, with the objective of removing all fees other than the initial application fee and a transfer fee should the business change ownership. It is thought that removing the annual fee structure may encourage food businesses to consider providing more Outdoor Eating Facilities within the City’s CBD’s resulting in further activation of these areas, particularly after traditional business hours. It is proposed this be further considered during the 2016/17 budget deliberations. Similar consideration is envisaged in relation to fees to occupy car parking spaces for the purpose of outdoor eating facility approval. The City currently licences 13 Outdoor Eating Facilities which provided an income of $5,795 in 2014/15. The current fee structure has yet to be implemented in 2015/16 due to the repealing of the governing Local Law and the need to develop a guiding Policy, the subject of this report. Should Council agree to further consider the abovementioned adopted fees with a view to removing all fees other than the initial application fee and the transfer fee, it is proposed that the current 13 licences be renewed for the current financial year without charging the fees adopted by Council within the City’s 2015/16 Fees and Charges.

STRATEGIC COMMUNITY OBJECTIVES This proposal aligns with the City of Busselton Strategic Community Plan 2013 (revised 2015) as follows: Key Goal Area 1 - A welcoming, inclusive, healthy and capable community that provides accessible services for all residents. Key Goal Area 2 - Well planned, active and vibrant community. RISK ASSESSMENT An assessment of the potential implication of implementing the officer recommendation has been undertaken using the City’s risk assessment framework. The assessment sought to identify ‘downside’ risks only rather than ‘upside’ risks and where the risk, following implementation of controls has been identified is medium or greater.

Risk Controls Consequence Likelihood Risk Level

Reputational risk: Vehicle collides with an occupied and approved Outdoor Eating Facility

Full assessment of the proposed Outdoor Eating Facility at application including location, safety and compatibility with adjacent areas;

Major

Rare

Medium


Reputational risk: Pedestrian walking around an approved Outdoor Eating Facility is hit by a vehicle

Location of appropriate pedestrian clearways and clearance from adjacent kerbs; Use of appropriate furniture, shelter and screens within the Outdoor Eating Facility.

Major Rare Medium

CONSULTATION Should the proposed Outdoor Eating Facility Policy be accepted by Council, it will be advertised for an eight week period where the City will invite written submissions. Once all submissions are assessed, a report will be brought back to the Policy and Legislation Committee (if required) for determination and subsequently to Council for final adoption of the Policy. OFFICER COMMENT The City is committed to facilitating opportunities for business at locations that contribute to the wellbeing and prosperity of residents and to the overall experience of visitors to the District. Outdoor eating facilities contribute to the vibrancy of the City streetscapes and town centres while supporting local economic development and commercial viability. City Officers continue to encourage the provision of quality outdoor eating facilities providing a high standard of service delivery to the local community and visitors to the District. Previously, outdoor eating facilities have been governed by the Local Law Relating to Eating Areas in Streets and Other Public Places which was recently repealed concurrently with the gazettal of the new Activities in Thoroughfares and Public Places and Trading Local Law 2015. The previous Local Law provided a prescriptive set of criteria that an applicant was to meet and therefore did not require a Policy to provide further requirements for assessment. The new Local Law provides the governance framework and the proposed Policy will now provide the more detailed elements required by the City. Additionally, the previous Local Law included fees within the Local Law, while the new Local Law allows for fees and charges applicable to any application for an outdoor eating facility to be set by Council under the provisions of the Local Government Act 1995 during annual budget deliberations. The proposed Policy introduces a governance framework and minimum standards applicable to the assessment of an application for an Outdoor Eating Facility. These elements include:

Determining an application for an outdoor eating facility and reasons for refusal;

The location of an outdoor eating facility and its proximity to an existing food premises;

The type and location of furniture within an outdoor eating facility;

Cleanliness and hygiene;

Umbrellas, shade, screens, barriers, awning and planter boxes within outdoor eating facilities;

Advertising permitted within an outdoor eating facility; and

Requirements for gas heating, lighting and electrical connections. CONCLUSION The Outdoor Eating Facility Policy is presented to Council for review and to initiate public consultation. Once submissions are collated and assessed, the revised Policy will be brought back to Council for final adoption early in 2016.


OPTIONS Council may determine to not endorse one or more of the following: 1. The proposed Outdoor Eating Facility Policy; and/or

2. Any clause contained within the proposed “Outdoor Eating Facility Policy”.

TIMELINE FOR IMPLEMENTATION OF OFFICER RECOMMENDATION Should the Officer Recommendation be endorsed and proceed to public consultation, it is proposed that the completed review of the Policy be submitted to the City’s Policy and Legislation Committee Meeting (if required) and if accepted be placed before Council for final adoption at a meeting in early 2016.

Committee Recommendation and Officer Recommendation PL1511/057 Moved Councillor R Bennett, seconded Councillor G Henley

That the Council: 1. As part of 2016/17 budget deliberations, consider removing all fees pertaining to the Outdoor

Eating Facility permit, other than the initial application fee and the transfer fee; 2. That the Council approves for public consultation and invites written submissions on the

Outdoor Eating Facility Policy as follows:

City of Busselton Outdoor Eating Facility Policy

1.0 PURPOSE

This policy will be used to set standard conditions of approval and provide guidance for permits for outdoor eating facilities issued in accordance with the City of Busselton Activities in Thoroughfares and Public Places and Trading Local Law 2015 (the Local Law).

2.0 SCOPE

This policy applies to all applications for an Outdoor Eating Facility permit in a public place within the City of Busselton.

3.0 POLICY CONTENT 3.1 OBJECTIVE

The purpose of this policy is to provide the Council with a consistent framework to encourage, control and regulate outdoor eating facilities located in public places within the City of Busselton. Note – this Policy does not apply to thoroughfares on private land, for example Fig Tree Lane, where the approval to permit an outdoor eating facility is covered under other legislation. The City is committed to facilitating entrepreneurial opportunities on the sites that contribute to the wellbeing and prosperity of residents and to the overall experience of visitors to the region. This policy further aims to encourage a high standard of service delivery to the local community and visitors whilst supporting local economic development and commercial viability.


3.2 DEFINITIONS

City means the City of Busselton. Council means the Council of the municipality of the City of Busselton. Facility or Reserve means any property owned by the City of Busselton and includes buildings, recreation centres, community centres, halls and reserves (passive and active). Public Place includes – (a) any thoroughfare or place which the public are allowed to use, whether or not the

thoroughfare or place is on private property; and (b) local government property; but does not include premises on private property from which trading is lawfully conducted under another written law.

4.0 OUTDOOR EATING FACILITY PERMITS In addition to clause 5.17 of the Local Law, matters to which the City of Busselton may have regard in determining an application for an outdoor eating facility permit include, but are not limited to – 1. the proposed location of the outdoor eating facility including:

a) the size of the proposed location; b) the desirability of the outdoor eating facility in the proposed location; c) any safety issues, including change in ground levels and speed of adjacent traffic; d) whether any hazard or obstruction is likely to arise from the outdoor eating facility; e) compatibility with existing uses, including other businesses, street entertainment, loading

zones, bus stops, trees and fixed street furniture; and f) compatibility with pedestrian, vehicle and emergency access.

2. whether the proposed outdoor eating facility area may:

a) obstruct the visibility or clear sight lines of any person or driver of any vehicle at an intersection of a thoroughfare(s);

b) result in the gathering of customers or incidental structures that: i) impede pedestrian access or vehicular movements; and/or ii) cause conflict with or inconvenience other adjoining activities.

3. whether the proposed furniture – a) is unsuitable, in any respect to the location in which the permit is to operate; or b) may obstruct or impede the use of the public place for the purpose for which it was

designed. 4. whether users of the outdoor eating facility will have access to proper and sufficient sanitary and

other facilities; 5. whether an outdoor eating facility is in keeping with the amenity of the locality;

6. whether in the interests of the amenity of the locality and/or public safety, require that the

outdoor eating facility should be of a higher standard or of an alternative form;

7. potential for nuisance, including rubbish, increased noise, or anti-social behavior; 8. whether the application for a permit is an application for the renewal of a permit under clause

6.7 of the Local Law; and


9. any other matters that the City of Busselton considers to be relevant in the circumstances of an individual application.

5.0 STANDARD CONDITIONS OF APPROVAL FOR AN OUTDOOR EATING FACILITY PERMIT GENERAL CONDITIONS OF APPROVAL

1. If the City of Busselton approves an application for an Outdoor Eating Facility, it may require

that the licensee shall - a) ensure that the Outdoor Eating Facility only occurs in the permitted location; b) ensure that the furniture is only placed within the Outdoor Eating Facility area and does not

obstruct or impede the reasonable use of the public place by any person or interfere with or be hazardous to vehicular or pedestrian traffic;

c) ensure that the Outdoor Eating Facility does not obstruct or impede the vision of a driver of a vehicle entering or leaving a thoroughfare or a vehicle crossover;

d) ensure that the Outdoor Eating Facility does not obstruct - (i) footpath pedestrian flow; or (ii) arcade or business premises entrances;

e) remove the furniture at the request of an authorized person: (i) where in the opinion of the authorized person there is any hazard or obstruction or is

likely to be a hazard or obstruction caused by reason of the location of the Outdoor Eating Facility, notwithstanding that the location may have been approved by the City of Busselton; or

(ii) for the purpose of an event, market, parade, thoroughfare works or any other contingency which requires relocation or removal of all or part of the Outdoor Eating Facility;

f) ensure that the Outdoor Eating Facility does not encroach into designated emergency access areas or service vehicle access ways;

g) ensure that the furniture is removed and/or secured daily before the close of the adjacent food premises; and

h) display the Outdoor Eating Facility permit in a conspicuous place in the adjoining food premises.

2. The City may vary any of the conditions referred to in clause 5.0 when approving the application

if, in the opinion of the City, the circumstances of a particular application warrant the variation and the variation is in accordance with the Local Law.

3. All tables, chairs and other structures shall be removed from the Outdoor Eating Facility

forthwith upon the direction of any person or body authorized to carry out any works in the street or public place in which the Outdoor Eating Facility is situated or of any employee of such person or body.

4. The Permit Holder of the Outdoor Eating Facility shall pay all costs associated with the

alteration, removal, repair, reinstatement, or reconstruction of all or part of the Outdoor Eating Facility arising from any works proposed or done in the thoroughfare by or on behalf of a government department, instrumentality of the Crown or the City, and shall not have any claim for compensation or damages as a result of any disruption to business or loss incurred due to such works.

5. The Permit Holder of the Outdoor Eating Facility shall pay all costs to repair any damage to the

pavement, fixtures, fittings, utility services or any other entity caused as a result of or attributable to the operation of the Outdoor Eating Facility and any associated activities.

6. The Permit Holder of the Outdoor Eating Facility shall ensure trading within the Outdoor Eating


Facility is limited to the operating hours where stated in the permit. LOCATION OF AN OUTDOOR EATING FACILITY 7. An Outdoor Eating Facility shall only be located directly adjacent to the corresponding food

premises. 8. A minimum pedestrian clearway of 2 metres is required from the Outdoor Eating Facility to the

building line. However, greater widths or lesser widths may be required depending on the location and at the discretion of the City.

9. The Outdoor Eating Facility must be located adjacent to the kerb with a minimum kerb clearance

of 1 metre. In exceptional circumstances the City may permit an Outdoor Eating Facility in specified streets to be located:

a) adjacent to the building line, when an acceptable alternative pedestrian clearway has been provided; or

b) adjacent to the kerb line; or c) within adjacent areas (including carparks); and

at the discretion of the City. INSURANCE 10. All Outdoor Eating Facility permit holders must effect and maintain public liability insurance

indemnifying the City (and the Crown, where the outdoor eating facility is located on a Reserve vested with the City of Busselton) against all actions, suit, claims, damages, losses and expenses made against or incurred by the City arising from any activity, action or thing performed or erected in accordance with the permit. In particular, the Permit Holder shall maintain the following: a) a minimum of $10 million Public Liability Insurance or such higher amount as considered

appropriate by the City having assessed the potential risk involved. The policy must be able to meet any possible claim which may be sustained against the permit holder or the City in relation to the death or injury to any person or property arising out of anything authorised by the permit;

b) hold indemnified the City, and where applicable the Crown, against any claims for compensation however arising from the operation of the outdoor eating facility;

c) hold indemnified the City, and where applicable the Crown, or any person acting on their behalf, compensation by way of damages or loss of income arising from any City approved event or market or any public works within the permit location or its vicinity;

d) ensure that the City, and where applicable the Crown, depending on the location, is expressly listed on such policy as an ‘interested party’;

e) advise the City if the policy lapses, is cancelled or is no longer in operation; f) on the request of an Authorized Person, provide to the City a copy of a current public liability

insurance policy meeting the requirements of this clause.

11. Should the insurance policy referred to in clause 5.0 (10) be terminated for whatever reason then the Outdoor Eating Facility permit shall also be terminated simultaneously. A permit holder is required to provide to the City a copy of a current public liability insurance policy meeting the requirements of clause 5.0 (10) upon request by an Authorised Officer of the City.

12. Evidence of the public liability insurance required by clause 5.0 (10) must be submitted to the

satisfaction of the City prior to the establishment, transfer or renewal of the Outdoor Eating Facility Permit.


FURNITURE 13. The placement of furniture within an Outdoor Eating Facility must not compromise the access

and safety of patrons, pedestrians, emergency and service vehicle visibility. 14. The style, layout and orientation of furniture should be chosen according to the extent and

shape of the Outdoor Eating Facility and to dissuade patrons from moving furniture beyond the boundaries of the approved area. In kerbside locations, chairs should not be placed with their backs to the kerb.

15. All furniture must be placed and kept within the boundaries of the approved Outdoor Eating

Facility only. 16. The furniture style should make a positive contribution to the street environment. A style that is

practical and elegant and in keeping with the style and character of the host food premises and/or the streetscape is required.

17. All furniture should be clean, safe, strong, operational, durable, waterproof, rustproof and

weather resistant and should fold or stack for storage or removal from the Outdoor Eating Facility as required. Furniture with sharp edges, hinges or other moving parts that could be a potential hazard for patrons should be avoided.

18. All furniture should be provided in colours which provide a good contrast with the pavement to

allow people with low vision to distinguish the chairs from the footpath. Reflective colours, such as pure white or silver, are to be avoided due to the unpleasant glare they may cause.

CLEANLINESS AND HYGIENE 19. The management and operation of the Outdoor Eating Facility must comply with the Food Act

2008 and subsidiary Regulations, the City of Busselton's Local Laws, the Litter Act 1979 and all other relevant legislation.

20. The Permit Holder is not permitted to prepare food or beverages in the Outdoor Eating Facility.

For example, coffee machines are not permitted in the Outdoor Eating Facility. 21. Permit Holders shall maintain all components of the Outdoor Eating Facility to a high standard of

cleanliness and hygiene and to the satisfaction of the City of Busselton. General cleaning is to be completed on a daily basis, tables are to be cleaned after each customer and footpath cleaning is to be completed on a weekly basis, or more frequently if directed/required. The cleaning of footpaths shall ensure that all ground surfaces remain free of any grease and stains and keep the vicinity clear of litter and waste materials to the satisfaction of the City. No litter, waste or sweepings are to be placed into the gutter or onto the adjacent road or road reserve.

22. Where the permit holder fails to comply with clause 5.0 (21):

a) the City may clean the Outdoor Eating Facility or arrange for it to be cleaned, at the Permit Holder’s expense; and/or

b) the Outdoor Eating Facility Permit may be cancelled; c) the City is not liable to compensate any person for work carried out under sub clause (a) or

cancellation of a permit under sub clause (b). 23. In the case of a fast food or takeaway establishment, the City of Busselton may require the

Permit Holder to install litter bins of an approved design, with all additional costs (including rubbish removal) attributed to the Permit Holder.


UMBRELLAS, SHADE OR SHELTER, SCREENS, AWNINGS, BARRIERS, PLANTER BOXES AND OTHER INCIDENTAL STRUCTURES 24. Outdoor Eating Facility areas shall be demarcated to the satisfaction of the City of Busselton.

This is to be achieved through the use of barriers, planter boxes or the like, fences are not permitted.

25. Outdoor Eating Facility areas may incorporate non-permanent shelter or shade structures, such

as umbrellas, under the following conditions: a) Shade structures are to be adequately secured and free of sharp protrusions. These

structures shall be removed during inclement weather. b) Shade structures are to be of high quality and have a minimum 2 metre vertical clearance

from the pavement to the base of any overhead structure. 26. Removable screens of up to 1.2 metres in height may be used to define the boundary of an

Outdoor Eating Facility. Screens of more than 1.2 metres in height, including glass or perplex panels or clear plastic rolled down from umbrellas and awnings are not permitted, unless otherwise approved by the City.

27. Unless otherwise approved by the City, Outdoor Eating Facilities may incorporate planter boxes

or other such structures, subject to the following conditions: a) Structures are not erected within the minimum pedestrian clearway between the Outdoor

Eating Facility and the building line; b) The section of the Outdoor Eating Facility facing the food premises or building must remain

open and without structures at all times; c) Structures are not to be greater than 1.2 metres in height; d) Structures do not hinder the use of the public place during and after trading hours; e) Structures must not damage street trees, street furniture, street art or pose a safety risk; f) Should plants be utilised within an Outdoor Eating Facility, they must be well maintained and

flourishing. Plants must not spread, have spikes, thorns, contain allergens or be poisonous. Compact plants requiring low maintenance are encouraged;

g) Defined accessways of a minimum 1 metre width for each 6 metres of Outdoor Eating Facility are required. The City of Busselton will consider public safety issues and urban design standards in assessing any application for the use of any structures.

WAITER’S STATION 28. A temporary waiter's station for the storage of cutlery and/or crockery may be provided within

the Outdoor Eating Facility. 29. A waiter’s station within an Outdoor Eating Facility must not be used for the preparation of food

or beverages (including coffee). PORTABLE GAS HEATERS 30. Portable gas heaters may be permitted in an Outdoor Eating Facility where the heaters are:-

a) located completely within the approved Outdoor Eating Facility area; b) located and of a type that are not a safety or fire hazard; c) removed when the Outdoor Eating Facility is not being used unless otherwise approved; d) in compliance with the following:

i) Gas Standards (Gasfitting and Consumer Gas Installations) Regulations 1999; ii) AS/NZS 5601 - Gas Installations; iii) AS/NZS 1596 – The Storage and Handling of LP Gas; iv) AS 4656 – Radiant Gas Heaters for Outdoor and Non-residential Indoor Use;


e) free-standing and self-contained but must be secure and stable. ADVERTISING 31. Advertising on any item of furniture, screen, awning or other barrier, is limited to the name and

logo of the corresponding food premises. The advertising must only appear once on each item and should not exceed 50% of the area of the particular item of furniture, screen, awning or other barrier.

32. Unless otherwise approved, product advertising is limited to umbrellas and must only relate to

products sold by the food premises. LIGHTING 33. If the Outdoor Eating Facility occurs outside daylight hours, the permit holder must provide

adequate, clear and well distributed lighting to ensure the safety and amenity of both patrons and the public.

34. Lighting shall not cause a nuisance, distraction or be unsafe to any adjacent businesses,

pedestrian or vehicular movements. ELECTRICAL WIRING 35. All electric wiring connected to lights, devices or appliances which are situated in or about the

Outdoor Eating Facility shall not be placed : a) on or under the ground or floor surface of the main floor area within the Outdoor Eating

Facility; b) above any part of a public place so as to interfere or obstruct the passage of vehicles or

pedestrians; or c) in any manner or in any place which may be prejudicial to safety.

36. All electrical wiring must be installed by a licensed electrical contractor and/or approved by

Western Power and must not be placed across the surface of a footpath. 6.0 ADMINISTRATION OF THIS POLICY The Chief Executive Officer (CEO) has the authority to administer the requirements of the Outdoor Eating Facility Policy on behalf of Council. Policy Background Policy Reference No. – Owner Unit – Environmental Health Originator –Environmental Health Coordinator Policy approved by – Council Review Frequency – As required Related Documents – Activities in Thoroughfares and Public Places and Trading Local Law 2015 Local Law Relating to Eating Areas in Streets and Other Public Places (Repealed)

CARRIED 5/0


2.25pm At this time the Planning Officer entered the meeting.

7. GENERAL DISCUSSION ITEMS

7.1 FACADE SUBSIDY APPLICATION - PRELIMINARY PLANS FOR FEEDBACK

SUBJECT INDEX: Facade Subsidy Program STRATEGIC OBJECTIVE: A City of shared, vibrant and well planned places that provide for

diverse activity and strengthen our social connections. BUSINESS UNIT: Development Services and Policy ACTIVITY UNIT: Statutory Planning REPORTING OFFICER: Planning Officer, Statutory Planning - Carly Rundle AUTHORISING OFFICER: Director, Planning and Development Services - Paul Needham VOTING REQUIREMENT: Simple Majority ATTACHMENTS: Attachment A Site Plan

Attachment B Existing Facade Attachment C Proposed Facade

A site plan, photos of the existing façade and plans of the proposed façade for a pending façade subsidy application are attached. The intended applicant is requesting preliminary feedback before obtaining quotes and submitting a formal application for the façade subsidy. As quotes have not been obtained, the City is not yet aware of what contribution will be requested, although it is expected that this is likely to be around $50,000 and therefore a contribution of $22,500 may be requested. It is noted that the guidelines provide that a maximum grant of $20,000 per building will apply, however this application involves four lots and there is discretion to provide about the $20,000. Points for consideration:

The façade will be across four lots (site plan attached).

Mr Nash’s intent is that the actual building frontage wall can be shifted further forward in the future when there is demand, and the lot to the north is redeveloped.

Local Planning 4C – Busselton Town Centre Urban Design Provisions encourages nil setbacks, continuous façade along streetscape, awning to be over full width of footpath (generally 2.5m) although shall not extend beyond the point where the fascia is 600mm behind the kerb on the street below. The application is generally consistent with policy, but will result in an uneven façade frontage along the streetscape.

If not supportive of this design, Mr Nash is open to suggestions about amendments about what the City and Council would like to see occur for his property.

Committee Decision PL1511/058 Moved Councillor R Bennett, seconded Councillor R Paine

That the Committee reconsiders the Committee Recommendation PL1505/042 Busselton and Dunsborough Centres Façade Refurbishment Subsidy Programme Application of Depel Pty Ltd as decided at the 28 May 2015 Policy and Legislation Committee, for recommendation to Council.

CARRIED 4/1

Voting: For the motion: Councillor R Bennett, Councillor R Reekie, Councillor R Paine and

Councillor C Tarbotton. Against the motion: Councillor G Henley.


2.25pm At this time the Planning Officer, Environmental Health Coordinator and the Director, Planning and Development Services left the meeting and did not return.

7.2 ELECTED MEMBERS' MAIL HANDLING POLICY

SUBJECT INDEX: Policies and Procedures STRATEGIC OBJECTIVE: Governance systems that deliver responsible, ethical and accountable

decision-making. BUSINESS UNIT: Governance Services ACTIVITY UNIT: Governance Support REPORTING OFFICER: Manager, Governance Services - Lynley Rich AUTHORISING OFFICER: Chief Executive Officer - Mike Archer VOTING REQUIREMENT: Simple Majority ATTACHMENTS: Attachment A Elected Members' Mail Handling Policy The Council policy in relation to Elected Members’ Mail Handling and the associated records-keeping requirements for Councillors and the organisation requires review. The policy is attached for a preliminary discussion relating to the requirements of this pending review. The Committee discussed the Elected Members’ Mail Handling Policy and agreed that a revised Policy be provided at a future meeting of the Policy and Legislation Committee.


8. NEXT MEETING DATE

Thursday, 18 February 2016

9. CLOSURE

The meeting closed at 3.09pm.

THESE MINUTES CONSISTING OF PAGES 1 TO 15 WERE CONFIRMED AS A TRUE AND

CORRECT RECORD ON

DATE: _________________ PRESIDING MEMBER: _________________________