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Ordinary Council Meeting - 26 March 2025

Wednesday, March 26, 2025 - 05:30 PM

Location: Shire of Northam Council Chambers

An Ordinary Council Meeting will be held in the Council Chambers at 395 Fitzgerald Street, Northam on 26 March 2025 at 5:30pm.

Summary of Decisions:
Motion No. Item No Subject Motion
C.5258 8.1 Petitions That Council:
  1. RECEIVES the petition provided in Attachment 8.1.1 relating to the proposed hard rock quarry for Lot 150 Clydesdale Road, Grass Valley.
  2. REQUESTS the Chief Executive Officer present a report to Council on the matter which is subject of the petition.
C.5280 9 APPLICATIONS FOR LEAVE OF ABSENCE That Council GRANTS Cr J E G Williams leave of absence from 04 April 2025 to 17 April 2025 (inclusive).
C.5259 10.1 Confirmation of Minutes from the Ordinary Council Meeting held 26 February 2025 That the minutes of the Ordinary Council meeting held on Wednesday, 26 February 2025 be confirmed as a true and correct record of that meeting.
C.5260 10.2 Confirmation of Minutes from the Special Council Meeting held 05 March 2025 That the minutes of the Special Council Meeting held on Wednesday, 05 March 2025 be confirmed as a true and correct record of that meeting.
C.5261 10.3 Noted from the Council Forum Meeting held 19 March 2025 That Council RECEIVES the notes from the Council Forum meeting held on Wednesday, 19 March 2025.
C.5262 12.1 AUDIT & RISK MANAGEMENT COMMITTEE MEETING HELD 18 FEBRUARY 2025 That Council RECEIVES the minutes from the Audit & Risk Management Committee meeting held on 18 February 2025.
C.5263 12.1 AUDIT & RISK MANAGEMENT COMMITTEE MEETING HELD 18 FEBRUARY 2025 That Council:
  1. RECEIVES the update in relation to the progress made towards the implementation of the ICS Strategy Plan, particularly as it relates to the Enterprise Resource Planning.
  2. RECEIVES the update as provided in Attachment 7.2.1 in relation to the progress made towards implementation of the ICT Strategy Plan.
  3. RECEIVES the August-December 2024 update on the internal auditing as provided in Attachment 7.3.1.
  4. RECEIVES the February 2025 update as provided in Attachment 7.4.1 in relation to the progress made towards the Privacy and Responsible Information Sharing (PRIS) Action Plan.
  5. RECEIVES the February 2025 update on the Shire of Northam Risk Register.
  6. RECEIVES the February 2025 update as provided in Attachment 7.6.1 in relation to the progress made towards the Regulation 17 Action Plan.
  7. ADOPTS the Business Continuity Plan provided in Attachment 7.6.2.
  8. AUTHORISES the Chief Executive Officer to make administrative adjustments as required to the Business Continuity Plan – Part 4 to ensure contact information remains current.
  9. ENDORSES the Compliance Audit Return for the period 1 January to 31 December 2024 as presented in Attachment 6.7.1.
  10. AUTHORISES the Chief Executive Officer to submit the report to the Department of Local Government, Sport and Cultural Industries.
  11. RECEIVES the progress report on implementation of the Work Health and Safety Action Plan as provided in Attachment 6.8.1.
C.5264 13.1.1 Lease Agreement for 425 Fitzgerald Street, Northam (Old Northam Railway Station, Reserve 31355) to the Northam Heritage Forum That Council:

  1. APPROVES a lease to the Northam Heritage Forum Inc. for a portion of Reserve 31355, 425 Fitzgerald Street Northam, also known as the Old Northam Railway Station, as marked in yellow in Attachment 13.1.1.1, subject to the following terms and conditions:
    1. The lease term being set at 10 years with a 10 year renewal.
    2. The Shire of Northam being responsible for the expenditure relating to the building insurance premium, lease document preparation and utilities.
    3. The Shire being responsible for garden maintenance.
    4. All other terms and conditions in accordance with CP.58 Property Management (Leases and Licences).
    5. Section 18 approval under the Land Administration Act 1997 being provided by the Minister for Planning, Lands and Heritage.
C.5265 13.1.2 Request for Variation to Lease Agreement for the Grass Valley Progress Association at Lot 21 Carter Street, Grass Valley That Council:
  1. AGREES to vary the term in the Grass Valley Progress Association’s lease agreement for Reserve 41081, 21 Carter Road, Grass Valley to 10 years with a 10-year extension option, subject to:
    1. Section 18 approval under the Land Administration Act 1997 being provided by the Minister for Planning, Lands and Heritage.
C.5266 13.3.1 Retrospective Approval - Construction of a Dam That Council:
  1. REFUSES the retrospective application (ref: P24122) for development approval to construct a dam at Lot 161 (No. 141) Sims Road, Bakers Hill, for the following reasons:
    1. The approval of the development is not consistent with the Shire of Northam Local Planning Scheme No. 6 as:
      1. It is inconsistent with the objectives of the Rural zone as listed in clause 3.2.8;
      2. the location of the development has already resulted in alteration of the waterway and clearing of native vegetation, which is contrary to the objectives of the Rural zone;
    2. The approval of the development is not consistent with the Shire of Northam Local Planning Strategy as it is inconsistent with the objectives of section 1.4.4 – Environment and Conservation.
    3. The approval of the development would be inconsistent with orderly and proper planning.
  2. INSTRUCTS the Chief Executive Officer to issue an amended Planning Direction Notice under the provisions of section 214(3) of the Planning and Development Act 2005 directing the owner within 60 days to:
    1. To restore the land as nearly as practicable to its condition immediately before the development commenced to the satisfaction of the Shire of Northam in consultation with the Department of Water and Environmental Regulation and on advice from a suitably qualified environmental and/or hydrological consultant.
C.5267 13.3.2 Proposed Closure of Private Road - Lot 66 Inkpen Street, Northam That Council:
  1. RECOMMENDS that the Minister for Planning, Lands and Heritage closes Lot 66 on Plan 6715 as a private laneway in accordance with the provisions of section 52 of the Land Administration Act 1997.
  2. Following closure of the laneway, AUTHORISES the Chief Executive Officer to dispose of the subject land in accordance with the provisions of section 3.58 of the Local Government Act 1995.
  3. AUTHORISES the Chief Executive Officer to dispose of the subject land to adjoining landowners at no cost, subject to the relevant landowners bearing all costs associated with the amalgamation.
C.5268 13.3.3 Proposed Scheme Amendment 23 - Avon Industrial Park Stage 4 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. 23 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 WITHOUT MODIFICATION Amendment No. 23 to the Shire of Northam of Local Planning Scheme No. 6 as shown in Attachment 13.3.3.1.
  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:
    1. is generally consistent with the objectives of the Local Planning Strategy;
    2. is anticipated to have minimal impact on surrounding land; and
    3. 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. 23 to Shire of Northam Local Planning Scheme No. 6.
C.5269 13.3.4 Closure of Laneway 10 - Lot 50 Albert Street, Northam That Council COMMENCES the process to close Laneway 10 – Lot 50 Albert Street, Northam under section 52 of the Land Administrations Act 1997 for the purposes of facilitating the purchase of the land by the adjoining landowners as recommended in the Shire of Northam’s Laneway Strategy.
C.5270 13.4.1 Accounts & Statement of Accounts - February 2025 That Council RECEIVES the payments for the period 1 February to 28 February 2025, as listed:
  • Municipal Fund payment cheque numbers 26 to 27 = $57,177.59
  • Municipal Fund EFT53403 to EFT53587 = $1,214,338.07
  • Direct Debits = $140,597.61
  • Superannuation = $112,196.28
  • Payroll = $615,632.02
TOTAL: $2,139,941.57
C.5271 13.4.2 Monthly Financial Report for the period ending 28 February 2025 That Council RECEIVES the Financial Statements, prepared in accordance with the Local Government (Financial Management) Regulations, for the period ending 28 February 2025.
C.5272 13.4.3 RFT 02 of 2025 - Bert Hawke Lighting

That Council:

  1. ACCEPTS the response to Request for Tender 02 of 2025 – Bert Hawke Lighting from Burgess Enterprises Pty Ltd (Kalamunda Electrics), for a cost of $668,534 (ex GST).
  2. AUTHORISES the Chief Executive Officer to make variations (to a maximum increase of 10% of the contract value) for Request for Tender 02 of 2025 – Bert Hawke Lighting from Burgess Enterprises Pty Ltd (Kalamunda Electrics).
  3. AUTHORISES the Chief Executive Officer to enter into a contract for Request for Tender 02 of 2025 – Bert Hawke Lighting from Burgess Enterprises Pty Ltd (Kalamunda Electrics) at the discretion of the Shire in accordance with the specifications contained within the Request for Tender documents.
C.5273 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) of the Local Government Act 1995, meet behind closed doors to consider agenda item/s:
  • 14.1 - Sale of land for Recovery of Unpaid Rates as the matter related to the personal affairs of any person.
  • 14.2 - Application under CP.29 Rates Hardship – A11447 as the matter related to the personal affairs of any person.
  • 14.3 - Tender 04 of 2025 - Disposal of land by lease and the purchase of furniture and equipment - Portion of 2 Grey Street, Northam as the matter relates to a contract entered into, or which may be entered into.
  • 14.4 - Kerbside Waste Collection Services Contract - Proposed Extension as the matter relates to a contract entered into, or which may be entered into.
C.5274 14.1 Sale of land for Recovery of Unpaid Rates That Council AUTHORISES the Chief Executive Officer to proceed to sell A15423 with arrears of 3 or more years, pursuant to section 6.64 of the Local Government Act 1995, and attempt to recover from the proceeds of the sale, unpaid rates and charges.
C.5275 14.2 Application under CP.29 Rates Hardship - A11447 That Council APPROVES the request under the Shire's Rates Hardship Policy for A11447 to hold further debt recovery actions until 30 June 2025.
C.5276 14.3 Tender 04 of 2025 - Disposal of land by lease and the purchase of furniture and equipment - Portion of 2 Grey Street, Northam That Council:
  1. In response to Tender 04 of 2025 - Disposal of land by lease and the purchase of furniture and equipment, ACCEPTS the submission from Northam Entertainment Group Pty Ltd (Attachment 14.3.2) for the sum of $23,400 per annum plus GST and $2,500 including GST for the furniture and equipment.
  2. AUTHORISES the Chief Executive Officer to execute a lease agreement in accordance with Council Policy CP.58 Property Management (Leases and Licences).
  3. WAIVES the lease rental for 4 weeks of the lease period to enable the property to be cleaned and re-established to operate as a hospitality business.
C.5277 14.3 Tender 04 of 2025 - Disposal of land by lease and the purchase of furniture and equipment - Portion of 2 Grey Street, Northam That Council, BY ABSOLUTE MAJORITY, APPROVES an unbudgeted expenditure from Account BC13201 – Visitor Centre, to install separate utility meters for the Café and Tourism Centre located at 2 Grey Street, Northam.
C.5278 14.4 Kerbside Waste Collection Services Contract - Proposed Extension That Council AUTHORISES the Chief Executive Officer to execute an extension to the contract with Avon Waste for the provision of Waste and Recycling Collection and Bulk Rubbish Services for a period of 4 years commencing 01 July 2025 to 30 June 2029.
C.5279 14 Matters behind closed doors That Council move out from behind closed doors.