| Decision No. |
Item No |
Subject |
Decision |
| C.5234 |
10.1 |
Confirmation of Minutes from the Ordinary Council Meeting held 22 January 2025 |
That the minutes of the Ordinary Council meeting held on Wednesday, 22 January 2025 be confirmed as a true and correct record of that meeting. |
| C.5235 |
10.2 |
Confirmation of Minutes from the Annual Meeting of Electors held 22 January 2025 |
That the minutes of the Annual Meeting of Electors held on Wednesday, 22 January 2025 be confirmed as a true and correct record of that meeting. |
| C.5236 |
10.3 |
Notes from the Council Forum Meeting held 19 February 2025 |
That Council RECEIVES the notes from the Council Forum meeting held on Wednesday, 19 February 2025. |
| C.5237 |
13.4.3 |
Rates Waiver Request - Northam Country Club - A11234 |
That Council REFUSES the request for a waiver of the Shire rates and charges for the Northam Country Club for the property at 15 Wood Drive, Northam (A11234). |
| C.5238 |
13.1.1 |
Licence and Lease Agreement - Bert Hawke Precinct |
That Council:
1. APPROVES a licence agreement to the Northam Soccer Club in accordance with licence area identified in Attachment 13.1.1.1 under the following terms and conditions:
a. Outgoings for electricity to be charged at 7% of the total charge until such time that the Shire of Northam installs a separate metering system for the Bert Hawke precinct;
c. An inclusion in the licence agreement that the fees for hiring the facility are in line with the Shire's Schedule of Fees and Charges for the relevant financial year;
c. The Shire of Northam being responsible for the document preparation expenses.
d. Annual rental being charged as follows:
- Year 1 at 50% of the building insurance premium
- Year 2 at 75% of the building insurance premium
- Year 3 and for the remaining term of the licence agreement at 100% of the building insurance premium.
e. All other terms and condition in accordance with Council Policy CP.58 Property Management (Leases and Licences), section 8.2.
2. APPROVES a licence agreement to the Northam Cricket Association Inc. in accordance with the licence area identified in Attachment 13.1.1.1 under the following terms and conditions:
a. An inclusion in the licence agreement that the fees for hiring the facility are in line with the Shire's Schedule of Fees and Charges for the relevant financial year;
b. The Shire of Northam being responsible for the document preparation expenses.
c. Annual rental being charged as follows:
- Year 1 at 50% of the building insurance premium
- Year 2 at 75% of the building insurance premium
- Year 3 and for the remaining term of the licence agreement at 100% of the building insurance premium.
d. All other terms and condition in accordance with Council Policy CP.58 Property Management (Leases and Licences), section 8.2.
3. APPROVES a lease agreement to the Northam Hockey Club in accordance with the lease area identified in Attachment 13.1.1.1 under the following terms and conditions:
a. Outgoings to be charged at 93% of the total charge until such time that the Shire of Northam installs separate meters;
b. The Shire of Northam being responsible for the document preparation expenses.
c. All other terms and condition in accordance with Council Policy CP.58 Property Management (Leases and Licences), section 8.2. |
| C.5239 |
13.1.1 |
Licence and Lease Agreement - Bert Hawke Precinct |
That Council:
1. By ABSOLUTE MAJORITY ADOPTS the following fees to be incorporated into the 2024/25 Schedule of Fees and Charges:
a. Bert Hawke Pavilion Hire - Meeting Room: $15.00 per hour
b. Bert Hawke Pavilion Hire - Kitchen: $20.00 per hour
c. Bert Hawke Pavilion Hire - Full Facility: $35.00 per hour
d. Bert Hawke Pavilion Hire - External Amenities: $8.00 per day
e. Bert Hawke Pavilion Hire - External Amenities: $40.00 per month
f. Bert Hawke Pavilion Hire - External Amenities: $150.00 six months
g. Bert Hawke Pavilion Hire - Birthdays/24-Hour Booking: $600.00 per day
h. Bert Hawke Pavilion Hire - Cleaning/Repair Bond: $800.00 (refundable)
2. AUTHORISES the Chief Executive Officer to give local public notice of the fees in accordance with section 6.19 of the Local Government Act 1995. |
| C.5240 |
13.1.2 |
Delegated Authority under the Dog Act 1976 for Enforcement Functions |
That Council:
1. AUTHORISES the Chief Executive Officer to take proceedings under section 44(2)(b) of the Dog Act 1976, whether civil or penal.
2. BY ABSOLUTE MAJORITY, DELEGATES AUTHORITY to the Chief Executive Officer for the enforcement functions under section 44 of the Dog Act 1976 in accordance with Attachment 13.1.2.1. |
| C.5241 |
13.3.1 |
Proposed Local Planning Policy No. 27 - Tree Retention |
That Council LIES agenda item 13.3.1- Proposed Local Planning Policy No.27 - Tree Retention on the table to allow further consideration by Council Members. |
| C.5242 |
13.3.2 |
State Significant Development Application - Proposed Hydrogen Plant & Extension to Solar Farm |
That Council RECOMMENDS to the Western Australian Planning Commission the application (ref: SD-05024) be REFUSED for the following reasons:
a. The proposed hydrogen production facility falls within the defined land use of ‘Industry - General’ and is not a permitted land use in the Rural zone under the provisions of clause 3.3 of the Shire of Northam Local Planning Scheme No. 6.
b. The on-site renewable energy source is not the predominant energy source (being less than 50% energy source) when in full operation, which is not consistent with the ‘renewal energy facility’ definition in the Shire of Northam Local Planning Scheme No. 6.
c. In the absence of a predominant renewable energy source on-site as contained in the planning definition for renewable energy facility, the land use is considered an industrial use as defined in the Shire of Northam Local Planning Scheme No. 6 and is therefore not permitted and inconsistent with the zone objectives.
d. The application does not satisfy Clause 67 (2) (a) of the Planning and Development (Local Planning Schemes) Regulations 2015 (Schedule 2 – Deemed Provisions) as it does not meet Clause 3.2.8 - Objectives of the Rural zone in the Shire of Northam Local Planning Scheme No. 6.
e. The application does not satisfy Clause 67 (2) (n) of the Planning and Development (Local Planning Schemes) Regulations 2015 (Schedule 2 – Deemed Provisions) due to the potential for the proposal to have a negative impact on the amenity of surrounding properties. |
| C.5243 |
13.3.3 |
Scheme Amendment 21 - Wundowie Rural Townsite |
That Council:
1. In accordance with Regulation 50(2) of the Planning and Development (Local Planning Schemes) Regulations 2015, NOTES the submissions received in respect to Amendment No. 21 to the Shire of Northam Local Planning Scheme No. 6 and endorses the response to the submissions as shown in Attachment 13.3.3.2.
2. In accordance with Regulation 50(3)(b) of the Planning and Development (Local Planning Schemes) Regulations 2015 DETERMINES to SUPPORT WITH MODIFICATION Amendment No. 21 to the Shire of Northam of Local Planning Scheme No. 6 as shown in Attachment 13.3.3.3.
3. In accordance with Regulation 35(2) of the Planning and Development (Local Planning Schemes) Regulations 2015 (‘Regulations’), DETERMINES that the amendment is a standard amendment for the following reasons:
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. AUTHORISES the Shire President and the Chief Executive Officer, in accordance with Section 9.49a of the Local Government Act 1995, to execute under Common Seal Amendment No. 21 to Shire of Northam Local Planning Scheme No. 6. |
| C.5244 |
13.3.4 |
Request for Extension - Spencers Brook Station Masters House Management Plan |
That Council ENDORSES an extension to the Spencers Brook Progress Association until 30 June 2025 in relation to decision C.5045 being that the Spencers Brook Progress Association shall submit for endorsement to the Shire a Management Plan for the Station Masters House (Community/Public Space) that:
a. Provides a staged schedule of works to repair the building;
b. Provides evidence of self-supporting finance to carry out the works and the proposed use;
c. Outlines how the community space will be utilised and function, including extended use by the wider Spencers Brook community; and
d. Within 12 months, a development application shall be submitted to the Shire of Northam encompassing the works program proposed in stages and in keeping with the approved Management Plan. |
| C.5245 |
13.4.1 |
Accounts & Statement of Accounts - January 2025 |
That Council RECEIVES the payments for the period 1 January to 31 January 2025, as listed:
- Municipal Fund payment cheque numbers 22 to 25 = $166,945.47
- Municipal Fund EFT53111 to EFT53402 = $2,177,046.79
- Direct Debits = $4,774.22
- Superannuation = $159,095.99
- Payroll = $887,264.70
TOTAL: $3,395,127.17.
that have been made in accordance with the delegated authority reference number (M/F/F/Regs LGA 1995 S5.42). |
| C.5246 |
13.4.2 |
Monthly Financial Report for the period ending 31 January 2025 |
That Council RECEIVES the Financial Statements, prepared in accordance with the Local Government (Financial Management) Regulations, for the period ending 31 January 2025. |
| C.5247 |
13.4.4 |
Budget Review 2024/25 |
That Council, by ABSOLUTE MAJORITY:
1. RECEIVES the 2024/25 Budget Review for the seven months ended 31 January 2025.
2. AUTHORISES the Chief Executive Officer to amend the 2024/25 Budget in accordance with the Budget Review document included as Attachment 13.4.4.1 to this report. |
| C.5248 |
14 |
Motion to move 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) of the Local Government Act 1995, MEETS behind closed doors to consider agenda item 14.1 - Application under CP.29 Rates Hardship – A10706, as it relates to the personal affairs of any person. |
| C.5249 |
14.1 |
Application under CP.29 Rates Hardship - A10706 |
That Council:
1. APPROVES the payment arrangement of $150.00 per fortnight for the current owner of A10706 until 30 June 2026; and
2. APPROVES ceasing interest accruals on the rates and charges for A10706 for the period 26 February to 30 June 2025, subject to compliance with the payment arrangement detailed in item 1. |
| C.5250 |
14 |
Move from behind closed doors |
That Council move out from behind closed doors. |
| C.5251 |
15.1 |
Motion to Change Council Decision C.3222 - Pedestrian Access Way – Adjacent to 16 Brown Road and 51 Olive Road, Wundowie |
That Council RAISES agenda item 15.1 - Motion to Change Council Decision C.3222 - Pedestrian Access Way – Adjacent to 16 Brown Road and 51 Olive Road, Wundowie from the table. |
| C.5252 |
15.1 |
Motion to Change Council Decision C.3222 - Pedestrian Access Way – Adjacent to 16 Brown Road and 51 Olive Road, Wundowie |
That Council LIES agenda item 15.1 - Motion to Change Council Decision C.3222 - Pedestrian Access Way – Adjacent to 16 Brown Road and 51 Olive Road, Wundowie on the table to allow the Chief Executive Officer to investigate all Pedestrian Access Ways and Emergency Access Ways within the Shire of Northam to ascertain compliance with the Planning for Bushfire Guidelines (November 2024) issued by Department Planning and Heritage. |