abridged minutes ordinary meeting of council

CITY of SWAN

M I N U T E S

ORDINARY MEETING OF COUNCIL

23 SEPTEMBER 2020

ATTENTION

These minutes are subject to confirmation.

Prior to acting on any resolution of the Council contained in these minutes, a check should be made of the minutes of the following Ordinary Meeting of

Council to ensure that there has not been a correction made to the resolution.

MINUTES AVAILABLE ON THE WEBSITE

www.swan.wa.gov.au

Ordinary Meeting of Council 23 September 2020

TABLE OF CONTENTS

PART A - OPENING PROCEDURES 9

1. OPENING AND ANNOUNCEMENT OF VISITORS 9

2. DISCLAIMER (READ ALOUD BY PRESIDING MEMBER) 9

3. ATTENDANCE AND APOLOGIES 10

4. LEAVE OF ABSENCE 11

5. DECLARATIONS OF FINANCIAL AND PROXIMITY INTERESTS AND INTERESTS AFFECTING IMPARTIALITY 11

6. PUBLIC QUESTION TIME 12

5.1 ANSWERS TO QUESTIONS WHICH WERE TAKEN ON NOTICE 12

5.2 QUESTIONS RELATING TO REPORTS CONTAINED IN THE MINUTES 12

5.3 OTHER QUESTIONS 13

7. PUBLIC STATEMENT TIME 22

8. PETITIONS 22

9. DEPUTATIONS 22

10. ANNOUNCEMENTS BY THE MAYOR WITHOUT DISCUSSION 22

11. MEMBERS' QUESTIONS 22

11.1 ANSWERS TO QUESTIONS WHICH WERE TAKEN ON NOTICE 22

11.2 QUESTIONS OF WHICH DUE NOTICE HAS BEEN GIVEN 23

11.3 QUESTIONS OF WHICH DUE NOTICE HAS NOT BEEN GIVEN 24

12. CONFIRMATION OF MINUTES 27

13. ANY BUSINESS LEFT OVER FROM PREVIOUS MEETING 27

13.1 PETITION - FAUNA PROTECTION POLICY 27

13.2 POTENTIAL ASSET DISPOSAL - LOT 400 (NO.15) KEANE STREET, MIDLAND (CENTRELINK BUILDING AND STAFFORD COURT) 27

13.3 POTENTIAL ASSET DISPOSAL - LOTS 11 AND 12 (NOS.37-39) OLD GREAT NORTHERN HIGHWAY, MIDLAND (BANKWEST BUILDING) 27

13.4 ADOPTION OF CITY OF SWAN CYCLE NETWORK PLAN 27

13.5 THIRD PARTY ADVERTISING SIGNAGE - LOT 802 (NO.76) RUGBY STREET, BENNETT SPRINGS (DA273-20) 28

13.7 CR KIELY - DAYTON SHOPPING CENTRE 29


13.6 FILLING OF THE LAND - LOT 171 AND PORTIONS OF LOT 2 AND LOT 172 (NO.3) PLYMOUTH STREET, WOODBRIDGE (DA752-19) 32

13.8 CR JOHNSON - MIDLAND OVAL REDEVELOPMENT MASTERPLAN 39

13.9 CR JOHNSON - TUOHY GARDENS, MIDLAND 46

13.10 CR JOHNSON - COUNCIL MEETING ARRANGEMENTS 48

13.11 CR JOHNSON - TECHNOLOGY TO CONDUCT ELECTRONIC MEETINGS 51

13.12 CR CATALANO - MAYORAL DINNER 54

PART B - REPORTS 58

ADOPTION OF THOSE RECOMMENDATIONS CONTAINED IN ITEMS NOT WITHDRAWN 58

1. CORPORATE PLANNING AND POLICY 59

2. COMMUNITY PLANNING AND DEVELOPMENT 60

2.1 CITY OF SWAN VOLUNTEER PLAN 2019 - 2024 60

3. STATUTORY PLANNING 61

3.1 PROPOSED ANCILLARY DWELLING - LOT 36 (NO.118) BROMLEY ROAD HERNE HILL (DA179-20) 61

3.3 PROPOSED BOUNDARY FENCING - LOT 101 (NO.719) GREAT NORTHERN HIGHWAY, HERNE HILL (DA314-20) 63

3.4 USE OF THE LAND FOR AGRICULTURE-INTENSIVE AND INCIDENTAL SHED - LOT 124 RAILWAY CRESCENT, HERNE HILL (DA403-20) 64

3.5 ELLENBROOK YOUTH CENTRE - LOT 5519 LIBRARY AVENUE, ELLENBROOK (DA329-20) 66

3.7 PROPOSED DEVELOPMENT AND USE OF THE SITE FOR A ROADHOUSE AT LOT 7 (NO.32) ROBINSON ROAD, BULLSBROOK (DA778-19) 68

3.9 METROPOLITAN REGION SCHEME (MRS) DETERMINATION OF PROPOSED CLASSROOM ADDITIONS TO AN EXISTING PLACE OF WORSHIP - LOT 101 (NO.25) SUFFOLK STREET, CAVERSHAM (DA690-19) 71

3.12 STATUTORY PLANNING DECISIONS UNDER DELEGATED AUTHORITY 73

4. OPERATIONAL MATTERS 74

4.2 PROPOSED CLOSURE OF 0.1M PEDESTRIAN ACCESS WAY - LOT 55 AMAN PLACE, LOCKRIDGE 74

4.4 DEVELOPMENT WA - ASSET AND PROJECT HANDOVER 75


4.6 DEVELOPMENT WA HANDOVER - SIDINGS CAR PARK- LOT 502 YELVERTON DRIVE, MIDLAND 76

4.8 MIDLAND STATION PEDESTRIAN ACCESS 77

5. FINANCIAL AND LEGAL MATTERS 78

5.1 CHANGE IN BASIS OF VALUATION 78

5.2 LIST OF ACCOUNTS PAID AUGUST 2020 79

5.3 BUDGET ADJUSTMENTS SEPTEMBER 2020 80

5.4 POLICY REPEAL - RATING EXEMPTION UNDER THE HERITAGE WA ACT 81

6. GOVERNANCE 82

7. REPORTS OF THE CHIEF EXECUTIVE OFFICER 83

8. URGENT BUSINESS 84

ITEMS WITHDRAWN 85

2.2 COMPLAINTS MANAGEMENT POLICY AND MANAGEMENT PRACTICE - MANAGING UNREASONABLE COMPLAINANT CONDUCT (MUCC) 12 MONTH UPDATE 85

3.2 CHILD CARE PREMISES INCLUDING ASSOCIATED WORKS FOR THE BUILDING, CAR PARKING AREAS AND LANDSCAPING AT LOT 252 (NO.233) BENNETT SPRINGS DRIVE, BENNETT SPRINGS (DA271-20) 87

3.6 RESPONSIBLE AUTHORITY REPORT - PROPOSED SERVICE STATION - LOT 12 (NO.2533) GREAT NORTHERN HIGHWAY, BULLSBROOK (DA378-20) 92

3.10 STATE ADMINISTRATIVE TRIBUNAL REVIEW - INVITATION TO RECONSIDER THE PROPOSED CHILD CARE PREMISES AT LOT 5 (NO.152) CRANLEIGH STREET, DAYTON (DA253-19) 94

3.11 STATE ADMINISTRATIVE TRIBUNAL - RECONSIDERATION OF REFUSAL OF SIX (6) SECURITY POLES AND ASSOCIATED INFRASTRUCTURE - LOT 206 (NO.136) SWAN STREET, GUILDFORD (DA032-20) 98

MEETING ADJOURNED 105

MEETING RECONVENED 106

PART A - OPENING PROCEDURES 106

1. OPENING AND ANNOUNCEMENT OF VISITORS 106

2. DISCLAIMER (READ ALOUD BY PRESIDING MEMBER) 106

3. ATTENDANCE AND APOLOGIES 107

4. DECLARATIONS OF FINANCIAL AND PROXIMITY INTERESTS AND INTERESTS AFFECTING IMPARTIALITY 108


5. ANNOUNCEMENTS BY THE MAYOR WITHOUT DISCUSSION 108

3.11 STATE ADMINISTRATIVE TRIBUNAL - RECONSIDERATION OF REFUSAL OF SIX (6) SECURITY POLES AND ASSOCIATED INFRASTRUCTURE - LOT 206 (NO.136) SWAN STREET, GUILDFORD (DA032-20) 109

3.8 ADOPTION OF MORRISON ROAD LOCAL AREA PLAN 111

4.1 RENAMING A SECTION OF LIBERTE CRESCENT BASKERVILLE 113

4.3 CLOSURE OF MARALLA ROAD, BULLSBROOK 115

4.5 DEVELOPMENT WA - HANDOVER OF CAPITAL PROJECTS 117

4.7 FENCING WORKS AT PERCY CULLEN OVAL, GIDGEGANNUP 119

PART C - OTHER BUSINESS AND CLOSING PROCEDURES 124

1. MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN 124

1.1 CR PARRY - METRONET: HENLEY BROOK STATION 124

1.2 CR HENDERSON - NORTHLINK ROAD NOISE REPORT 126

2. NOTICE OF MOTIONS FOR CONSIDERATION AT THE FOLLOWING MEETING IF GIVEN DURING THE MEETING 128

3. CONFIDENTIAL ITEMS 129

3.1 ELLENBROOK LEISURE CENTRE 129

4. CLOSURE 130


CITY of SWAN

ORDINARY COUNCIL

MEETING

PART A

OPENING PROCEDURES

23 SEPTEMBER 2020


MINUTES OF THE ORDINARY MEETING OF COUNCIL

HELD AT MIDLAND TOWN HALL

ON WEDNESDAY 23 SEPTEMBER 2020 COMMENCING AT 5.30PM

PART A - OPENING PROCEDURES

1. OPENING AND ANNOUNCEMENT OF VISITORS

The Mayor welcomed those present and opened the meeting at 5.30pm.

2. DISCLAIMER (READ ALOUD BY PRESIDING MEMBER)

The City of Swan disclaims any liability for any loss arising from any person or body relying on any statement, discussion, recommendation or decision made during this meeting.

Where an application for an approval, a licence, or the like is considered or determined during this meeting the City warns that neither the applicant nor any other person or body should rely upon that discussion or determination until written notice of either an approval and the conditions which relate to it or the refusal of the application has been issued by the City.

Please note that this meeting is live streamed. The recording will also be archived and made available on Council's website after the meeting.

If you choose to participate in the meeting during public question time, public statement time or deputations (where applicable) it is assumed your consent is given for the audio to be recorded. Please keep your comments respectful to the Council and other members of the community.

Visual images of the public will not be captured.

Conditions of Entry: No electronic, visual or audio recording or transmitting device or instrument is permitted to be used by any member of the public. A person who breaches this provision of the City of Swan Meeting Procedures Local Law 2019 will be required to immediately leave the premises.


3. ATTENDANCE AND APOLOGIES

Councillors: Cr K Bailey Mayor, Pearce Ward (Presiding Member)

Cr D Lucas Deputy Mayor, Altone Ward Cr J Catalano Altone Ward Cr A Kiely Altone Ward Cr I Johnson Midland/Guildford Ward Cr R Predovnik Midland/Guildford Ward Cr C Scanlan Midland/Guildford Ward Cr P Jones Pearce Ward Cr C McCullough Pearce Ward Cr T Richardson Pearce Ward Cr R Henderson Swan Valley/Gidgegannup Ward Cr C Zannino Swan Valley/Gidgegannup Ward Cr M Congerton Whiteman Ward Cr J McNamara Whiteman Ward Cr B Parry Whiteman Ward

Staff: Mr M Foley Chief Executive Officer

Mr M Bishop Executive Manager Community Wellbeing

Mr J Coten Executive Manager Operations Mrs K Leahy Executive Manager Stakeholder

Relations Mr L van der Linde Executive Manager Planning and

Development Mrs A Albrecht Manager Governance and Strategy Mr P Russell Manager Statutory Planning Ms D Summers Manager Customer and Library

Services Mrs D Cuming Governance Officer (Minute Clerk)

Leave of Absence: Nil Apologies: Nil Members of the Public: 1 (approximately) Media: Nil


4. LEAVE OF ABSENCE

RESOLVED UNANIMOUSLY that the following Councillors be granted leave of absence for the period requested:

Cr Lucas - Altone Ward 27 September to 1 October 2020 inclusive

Cr Jones - Pearce Ward 21 October - 26 October inclusive

(Cr Zannino - Cr Parry)

5. DECLARATIONS OF FINANCIAL AND PROXIMITY INTERESTS AND INTERESTS AFFECTING IMPARTIALITY

Cr Bailey declared a financial interest in item 3.6 - Responsible Authority Report - Proposed Service Station - Lot 12 (No.2533) Great Northern Highway, Bullsbrook (DA378-20) as the owner of the property also owns another business in Bullsbrook which he does business with.

Cr Congerton declared an impartiality interest in item 3.11 - State Administrative Tribunal - Reconsideration of Refusal of Six (6) Security Poles and Associated Infrastructure - Lot 206 (No.136) Swan Street, Guildford (DA032-20) as Dynamic Planning has worked as a consultant for one of his companies.

Cr Kiely declared an impartiality interest in item 3.11 - State Administrative Tribunal - Reconsideration of Refusal of Six (6) Security Poles and Associated Infrastructure - Lot 206 (No.136) Swan Street, Guildford (DA032-20) as he is an executive of the Guildford Association and may have contributed to a submission in relation to this.

Mrs Kym Leahy declared an interest affecting impartiality in item 4.1 - Renaming a section of Liberte Crescent Baskerville as family members signed the petition.

Cr Lucas declared a financial interest in item 3.11 - State Administrative Tribunal - Reconsideration of Refusal of Six (6) Security Poles and Associated Infrastructure - Lot 206 (No.136) Swan Street, Guildford (DA032-20) as he has had business dealings with the owner.

Cr McCullough declared a financial interest in item 3.6 - Responsible Authority Report - Proposed Service Station - Lot 12 (No.2533) Great Northern Highway, Bullsbrook (DA378-20) as the owner has another business that she does business with.


Cr Parry declared an interest affecting impartiality in item 3.9 - Metropolitan Region Scheme (MRS) Determination of Proposed Classroom Additions to an Existing Place of Worship - Lot 101 (No.25) Suffolk Street, Caversham (DA690-19) as he has previously worked with the owner.

Cr Zannino declared an impartiality interest in item 13.8 - Cr Johnson - Midland Oval Redevelopment Masterplan as his former business partners own land on The Crescent Midland.

6. PUBLIC QUESTION TIME

Public question time commenced at 5.33pm.

5.1 ANSWERS TO QUESTIONS WHICH WERE TAKEN ON NOTICE

Nil

5.2 QUESTIONS RELATING TO REPORTS CONTAINED IN THE MINUTES

5.2.1 Questions of which due notice has been given

Nil

5.2.2 Questions without due notice

Nil


5.3 OTHER QUESTIONS

5.3.1 Questions of which notice has been given

Mrs Jo Cicchini

Questions relating to footpath and road works on Farrall Road, Midvale

Q1 Given the considerable increased traffic conditions and risk to residents, can Council please investigate the cost of undertaking the works and to enter into an agreement with the developer to recoup the costs when the sales have occurred?

A1 The cost to construct a temporary limestone path along the existing road alignment would be approximately $75,000 to $100,000. This does not include a pedestrian crossing at the rail line which would cost considerably more. The cost of the temporary works could not be recovered from the developer, unless agreed, as it would not form part of the ultimate development. It would not be practical to construct the path on the ultimate alignment as this would require detailed road and path design to be completed. It would require the path to be built to the ultimate level and alignment which would require considerable civil works to be undertaken. It would be very difficult to construct the path without the associated utility services, drainage and road pavement. There are also environmental approvals required. However, staff are continuing to liaise with the developer regarding possible solutions to this matter.

Mr Carlos Picado

Q1 Re payment to Mundaring Arts for Moveable Art Collection $14,811.50. What is it and where will it be on display?

A1 The works included the following:

• Reviewing the moveable art guideline to ensure alignment with legislation

• Undertaking significance assessments for some pieces

• Rotation of art work around City buildings

The City’s moveable art collection is on display across a variety of public buildings.

Q2 Re payment to N Cowie & K Ferguson in June for Artwork for Ellenbrook chalk walks $1,916.00. Why was Ellenbrook Arts not commissioned to do this project?


A2 The Chalk Walk artwork initiatives were community led and supported by the City as a form of Place activation.

Q3 Now that Ellenbrook Arts has ratepayer funding of $700,000:

a) Will City of Swan continue with Midland Junction Arts, if not why not.

A3a Yes the City will continue its lease agreement with Mundaring Arts. In April 2017, the City of Swan entered into a 3 year lease (with a further 2 year option) with Mundaring Arts, after being selected through an expression of interest process. The City enacted the Deed of extension for an additional two years being 1 April 2020 to 31 March 2022.

b) Will City of Swan continue paying Mundaring Arts to manage MJA if MJA continues, if not why not.

A3b) Yes during this period of extension the City will provide Mundaring Arts a community lease and $277,000 (exclusive of GST) per year to deliver the service.

c) Will City of Swan now commission Ellenbrook Arts to provide all murals and public art and use only City of Swan residing artists and suppliers, if not why not.

A3c The City will not be commissioning Ellenbrook Arts to conduct all mural and public art works in the City, unless they are the successful proponent through an expression of interest process. This process includes the City advertising its Expressions of Interest through Artsource and also invites known artists to participate in the process. Depending on the brief and themes of the specific piece, the City may consider the significance of the artist to the area as part of the selection process.

Q4 Which email management system does City of Swan use and can you guarantee that senders details are included in all email forwarded to Councillors via their official email account.

A4 The City uses Microsoft Exchange for its email system and uses the standard SMTP email protocol used by all organisations. Only a sender’s email address is transmitted to a Councillor. Other details such as name, physical address, phone number etc. must be provided by the sender.

Q5 I refer to payment to Brennan and Associates on 29/06/2020 for $8,685. If this was a criminal was the matter referred to WAPOL.


A5 Payment to Brennan and Associates was in regard to a confidential employee investigation. The matter was not of a criminal nature and was not referred to the WA Police.

Ms Kelly Willer

Q1 I see a payment to Woods Films for $22,800 in July is noted as “Facility walk through videos”. How many videos and what facilities and why?

A1 32 videos were produced

Facilities Filmed Alice Daveron CC Aveley CC Ballajura CC South Ballajura CC Baskerville Hall Charlottes CC Caversham CC Guildford Town Hall Guildford Mechanics Dayton CC Ellenbrook Community Youth Hub EDOS North ECRC EDOS South Gidgegannup Hall Gumnuts Hazelmere Hall Kingfisher CC Lowery Park Hall Lockridge CC Malvern Springs Pickett Park Hall Rosher Hall South Guildford Stratton CC West Swan Hall Woodlake CC Old Midland Courthouse Midland Town hall Swan Active Midland Swan Active Beechboro Midland Sports Complex

Reason for video production-

Promotion of City facilities for hire, all videos have been uploaded to the City’s website. This has reduced staff time arranging viewings of facilities and phone enquiries regarding what is in a given facility.


The wider community now have the ability for the first time to view facilities online.

Q2 I see a payment to Natsales Advertising in July is noted as “Window tint - SA Midland”. What was this for?

A2 The window tinting at Swan Active Midland was for the main office and swim school office. This was required due to removal of blinds that had deteriorated due to age.

Q3 I see a payment to Nick Statham for $34,650 noted as “Public Art Trail Commission”. What exactly is this?

A3 The City is constructing an art piece at Maali Park in the Swan Valley as the first commission in a proposed art trail. This payment is a progress payment to the fabricator and artist for works to date.

Q4 How much funding has City of Swan budgeted to spend on Entwined this year?

A4 $110,000

Q5 What changes were made to the 1st July 2020 Ordinary Meeting Minutes issues in July requiring a reissue of those Minutes in September 2020?

A5 Changes to minutes of Council and Committee meetings can only be done by a resolution of Council and are minuted in the relevant meeting minutes. No changes have been made to the minutes of the 1 July 2020 Council meeting.

Mr Bob Elsbury

Questions relating to 41 Moore Road Herne Hill.

Q1 In what year did this property cease being used as a gravel pit and in what year was the pit on this property finally filled in and levelled?

Q2 During the period this property was used as a “tip” were any toxic materials dumped in the pit. Materials such as oil, construction material, asbestos, asphalt.

Q3 Why was this property revalued at its current value of $100 (One hundred dollars)?


Q4 Does City of Swan have any environmental reports or engineer's reports in its possession whether commissioned by City of Swan or any other party and is the City of aware of any others not in its possession.

A1-4 These questions are taken on notice

Ms Alison Marshall

Q1 Who called the Special Meeting of Council on 9 September 2020?

A1 The special meeting held on 9 September 2020 was called by 1/3 of Councillors:

Cr Johnson Cr Catalano Cr Richardson Cr Scanlan Cr Kiely Q2 Why was it called when there appeared to be no urgent business on

the Agenda?

A2 With regard parking consultation Stirling Street, Guildford the reason provided was that residents have advised that the consultation as resolved on 29 July 2020 would only involve consulting one property owner. No reason was provided for resuming the full City of Swan meeting procedures local law and the CEO recruitment motion was confidential.

Q3 How much City of Swan staff time was utilized in preparation for this meeting?

A3 Approximate hours is as follows:

CEO – 6 hours Manager Governance & Strategy – 8 hours Council Support Manager – 2 hours Governance Officer – 8 hours Q4 What was the total cost to City of Swan Ratepayers for this

meeting?

A4 Legal advice obtained at a cost of $3,600 excl GST. The dollar cost of staff time preparing for and attending the meeting is not costed. Preparation for the meeting was undertaken during normal business hours. Any overtime for attending the meeting was limited to the Minute Clerk. However there is a cost of diverting staff resources away from planned work.


Mr Ronnie Ryan

Q1 Can it be confirmed that the Council recently approved $25,000 in funding for VCA Radio 88.5fm and that this money was for two transmitters?

A1 Yes

Q2 Has The City been advised by VCA Radio 88.5fm that they were successful in getting a $40000 CBAA Federal Grant comprising in part $15000 for the purchase of transmitters?

A2 No

Q3 In light of the above information will 88.5 still be receiving $25000 of ratepayers money?

A3 Yes

Q4 What are the legalities around an organisation/association accepting funding from two different funding bodies for the same project?

A4 This is dependent upon conditions/terms of funding and is the responsibility of the organisation receiving the funding to ensure the conditions/terms are met.

Ms Naomi Jenkin

Q1 If the City of Swan will be closed over the 2020/21 Christmas / New Year period, as they have done in previous years, please advise the dates and if staff are paid during this period are they required to use their leave entitlements?

A1 This year the Midland Administration building, Midland Village, Stafford Court and Place offices will be closed from 12pm, Thursday 24 December until Friday, 1 January 2021 inclusive. Normal operations and business hours resume on Monday, 4 January 2021. Impacted staff are required to take leave.

Q2 If the City of Swan is closed over the Christmas / New Year period what is the direct phone number to contact the Environmental Health Officer during this time if someone suspects a food item should be recalled, has food poisoning from an item of food purchased in the City of Swan or needs to report other serious food safety concerns?

A2 The City’s After Hour Service provider contactable on 9267 9267 reviews customer requests against agreed / documented processes.


Q3 How many and to what value have fines been issued by the City of Swan for not registering a cat, for not microchipping a cat, for not sterilising a cat, for owning too many cats and for allowing cats to stray for the 2018/19 and 2019/20 years.

A3 During the 2018/2019 and 2019/2020 financial years, 113 cautions (no fine but a formal recorded caution) and 238 infringements ($200 each offence) were issued in relation to unregistered cats, not microchipping a cat, not sterilising a cat, excess cats or cat in place without consent.

Q4 How many people use and how much in fees have been received for people using the Community Care Services, Commonwealth Home Support Program for the 2018/19 and 2019/20 years.

A4 This question is taken on notice.

Q5 How much is planned to be spent on the Ellenbrook Leisure Centre during 2020/21 from City, State and Federal funding?

A5 $2,897,150 is budgeted for 2020/21. This does not include State or Federal grant funding.

Ms Karen Mowat

Q1 With Ordinary Council Meetings being limited to 2 hours, resulting in regular adjournments, how much additional staff timeis taken up preparing for and participating in meetings and how is this impacting on their normal daytime working hours and efficiency?

A1 There is approximately 3 hours of additional preparatory work required for an adjourned meeting. There is no additional time for participating in adjourned meetings as prior to COVID-19, the length of ordinary meetings was on average 4 hours. Although the preference is for Council business to be dealt with in one sitting, adjourned meetings are not unusual for Swan, before and during the COVID-19 pandemic.

Q2 What is the cumulative cost of the MORM to 30 June 2020?


Q3 Why has the City of Swan begun paying mileage allowance to some volunteers as shown in recent List of Accounts Paid?

A3 This is in accordance with Council’s policy (POL-C-160 – Volunteering).


Q4 In July 2020 City of Swan paid $13,042.00 to LGIS Workcare noted as "Excess to Claim LI0054164". A search of Section 42 of the Workers Compensation Act 1987 states the excess is "the equivalent of one week of the injured worker's weekly entitlement to compensation benefits".

What else is included in this payment?


Q5 On analysing the alcohol purchases for the last Mayoral Dinner it appears $7,000+ was spent on drinks with only $344.90 identified as soft drinks.

What quantities of wines and/or other beverages were not consumed at the dinner and what happens to them?

A5 Approximately one third of alcoholic beverages purchased were not consumed on the evening of the Mayoral Dinner.

Remaining stocks of these beverages are used for corporate promotions, events and functions such as citizenship ceremonies.

Mr Richard Atkins

On the 26th of April 2019 McRae Investments and Humphery and Esme Park wrote to the City and outlined the terms of an agreement that we would be prepared to enter into with the City regarding the construction of the much needed second access road for Shady Hills. 17 months have now passed and we have not had a formal response. We understand a consultant was engaged to investigate this matter and has now provided a report to the City and we would very much like to progress this matter.

Q1 What further work or processes does the City intend undertaking or going through in relation to assessing our offer, and how long will that take?

A1 Planning approval for a structure plan adjoining Shady Hills has now been issued. The City has now engaged a bushfire risk management consultant to review the bushfire risks around Shady Hills and to consider how the potential development of a secondary access road to Shady Hills may complement the bushfire risk management of the area, including evacuation options. Any proposal to improve the bushfire risk management of the area requires an integrated strategy that considers all the risks and risk mitigation strategies collectively.


It is anticipated that the bushfire risk management report will be completed within the next few weeks, after which a briefing will be provided to Council followed by a report, to consider options to address this proposal for a second access road for Shady Hills. This report will also address planning and budgeting for any options adopted by Council. This process is likely to take approximately 3-5 months.

Q2 If no further work is contemplated, when does the City intend to respond to our offer?

A2 Further work is contemplated as advised above. Once Council have considered the above and resolved on options presented, a formal response can be provided to the terms of agreement proposed by McRae Investments and Humphrey and Esme Park.

Ms Shirley Routley

The Shady Hills Group issued a petition to Council in December 2017 – nearly 3 years ago – requesting Council action in building a second fire exit road for the 200 plus residents of Shady Hills in the event of a bushfire. We understand Planning approval was received in December 2019.

Q1 Can the Council please provide a written update on any progress made in building a second fire exit road – another fire season is upon us and we have had no formal updates in months?

Q2 Can you please advise when Council plans to provide a second exit road for us?

A1-2 Planning approval for a structure plan adjoining Shady Hills has now been issued. The City has now engaged a bushfire risk management consultant to review the bushfire risks around Shady Hills and to consider how the potential development of a secondary access road to Shady Hills may complement the risk management of the area, including evacuation options. Any proposal to improve the bushfire risk management of the area requires an integrated strategy that considers all the risks and risk mitigation strategies collectively.

It is anticipated that the bushfire risk management report will be completed within the next few weeks, after which a briefing will be provided to Council followed by a report, to consider options to move forward in addressing the request of the petition and planning for the area. This report will also address planning and budgeting for any options adopted by Council. In any event, there will not be any such road constructed in time for this summer season.


5.3.2 Questions without notice

Nil

Public question time concluded at 5.34pm as there were no further questions.

7. PUBLIC STATEMENT TIME

Mr John Considine - Item 13.6 Filling of the Land - Lot 171 and Portions of Lot 2 and Lot 172 (No.3) Plymouth Street, Woodbridge (DA752-19)

8. PETITIONS

Nil

9. DEPUTATIONS

Nil

10. ANNOUNCEMENTS BY THE MAYOR WITHOUT DISCUSSION

The Mayor advised that the meeting will be adjourned at 7.30pm to be reconvened on Wednesday 30 September 2020.

11. MEMBERS' QUESTIONS

11.1 ANSWERS TO QUESTIONS WHICH WERE TAKEN ON NOTICE

Nil


11.2 QUESTIONS OF WHICH DUE NOTICE HAS BEEN GIVEN

Cr Johnson

Q1 Can we have a list of complaints of minor breach made by the CEO showing who they were made against and the date?

A1 Under the Local Government Act 1995, it is an offence to disclose

information that a complaint has been made or information about any detail of the complaint until such time as the Local Government Standards Panel has dealt with the complaint. Complaints where the Standards Panel has determined a breach of the Conduct Regulations, are listed on the Department of Local Government’s website and the ‘Governance & Transparency page’ on the City of Swan’s website.

Q2 Can we have a list of payments made to Bullsbrook Water Carriers

and Kev’s water cartage since 1 July 2015? A2 Below is a list of payments paid to Bullsbrook Water Carriers from

the 1 July 2015 till present. There were no payments made to Kev’s Water Cartage.

Invoice Date Gross

Amount 03/12/2015 $1,400 22/12/2015 $2,503.50 30/12/2015 $400 23/01/2016 $825 23/01/2016 $400 24/01/2017 $500 15/02/2017 $720 12/09/2017 $1,500 25/11/2017 $500 29/11/2017 $1,650 07/11//2018 $825 25/12/2018 $1,600 24/12/2019 $1,529.63

Q3 Can you advise the amount spent last year on Christmas

decorations in each Place area?


A3 The major expenditure on Christmas decorations was in Midland costing $43,109 including GST and in Ellenbrook costing $22,433.40 including GST. In addition, minor decorations were undertaken in other areas of the City such as libraries and recreation centres although the costs were minor.

Q4 Can you advise the amount spent on Christmas decorations over

each of the last 5 years? A4 2015/16 $31K

2016/17 $46K 2017/18 $59K 2018/19 $63K 2019/20 $65K

Q5 Why does the City not offer monthly or quarterly direct debit rate payment arrangements when it does offer weekly or fortnightly?

A5 The City of Swan offers a weekly or fortnightly direct debit payment option as an alternative to payments in full or instalments. For ratepayers who would like more flexibility with their payment arrangement and/or the ability to smooth their rates bill, the City offers a bPay option. This gives the ratepayer the ability to design their own payment schedule, including monthly or quarterly payments.

11.3 QUESTIONS OF WHICH DUE NOTICE HAS NOT BEEN GIVEN

Cr Johnson

Q1 Can you advise the deadline for NFPs to submit proposal for the use of 28 Keane Street in order for this to be on the agenda for the October OCM?

Q2 Can you advise if any proposals have been received from NFPs?

A1-2 Although the Council Resolution did not specifically include a deadline, the City have now received a submission from RISE which will be addressed in officer comment on the revocation motion item in the October Council Agenda. Any further submissions received after today, will not allow enough time to be on the agenda for the October OCM.


Follow up questions from section 10.2:

Q3 Can you advise how many code of conduct complaints the CEO has made against Councillors for each year since 2013?

Q4 In each year how many of the CEO’s code of conduct complaints were successful?

A3-4 Complaints to the Local Government Standards Panel are confidential. Information that is publicly available is:

• Number of complaints by local government dealt with by the Standards Panel – reported by the Standards Panel annually in their Annual Report

• Adverse findings of minor breaches for all local governments – published on the Department’s website once the relevant appeal period to the State Administrative Tribunal has expired

• Register of minor breaches for City of Swan – published on the City’s website

Cr Parry

Q1 Can the CEO confirm that the vacant block at the end of Devon Street, Woodbridge is owned by WAPC?

A1 The Executive Manager Development Services advised that the properties at the end of Devon Street maybe owned by the PTA or WAPC?

Q2 Can you please confirm or deny that there has been an application to develop homeless accommodation on the site?

A2 The Executive Manager Development Services advised that the City has received a development application a couple of days ago on the land regional reserve, the is not the decision making authority, it will make a comment to the WAPC.

Cr Congerton

Q1 What is the percentage of rates paid year to date, how we are tracking?

Q2 What is the number of ratepayers requesting COVID19 relief support?

Q3 What is the percentage of ratepayers defaulting on rates notices?


A1-3 These questions are taken on notice, we are preparing a briefing to Council to update on COVID19.

Cr Johnson

Q1 What is the address on Devon Street for the proposed development?

A1 The Executive Manager Development Services advised that it is the western end of Devon Street, Woodbridge, where the road ends.

Cr Bailey

These questions are for Councillor Johnson:

Q1 Can you please explain the question 2 in section 10.2, what interest do you have in the two companies that you requested information on.

A1 This is part of my job as a Councillor to understand how the City's money is being spent.

Q2 What is the reason for those two companies particularly?

A2 I asked the question for a reason and I am happy with the answer I got.

Q3 I'm not familiar with a company called Kev's Water Cartage, can you enlighten me? Did you do any title searches on either of these two companies before you submitted the questions?

A3 No

Q4 Would you be confused with Kevin's Water Cartage, which is in Kewdale?

A4 I've not confused it.

Cr Kiely made an apology to the meeting and Cr McNamara for his line of questioning and conduct at the Agenda Forum on 16 September 2020.


12. CONFIRMATION OF MINUTES

12.1 Confirmation of Minutes:

RESOLVED UNANIMOUSLY that the Minutes of the

1) Special Meeting of Council held on 24 August 2020 be confirmed.

2) Ordinary Meeting of Council held on 26 August 2020 be confirmed.

(Cr Congerton – Cr Parry)

13. ANY BUSINESS LEFT OVER FROM PREVIOUS MEETING

13.1 PETITION - FAUNA PROTECTION POLICY

This matter was deferred at the Ordinary Council Meeting held on 24 October 2018 until such time as all relevant conversations with experts can be completed, and that interested Councillors have the opportunity to meet with planning staff to discuss these findings.

Update:

City officers have met with officers of the Department of Biodiversity, Conservation and Attractions to discuss the City’s approaches to fauna management. A report on this matter is being prepared and will be submitted to a future Council meeting.

13.2 POTENTIAL ASSET DISPOSAL - LOT 400 (NO.15) KEANE STREET, MIDLAND (CENTRELINK BUILDING AND STAFFORD COURT)

This matter was deferred at the Ordinary Council Meeting held on 03 June 2020 to enable a Briefing Session to be conducted to provide an opportunity for Councillors to discuss issues and ask questions associated with options for disposal.

13.3 POTENTIAL ASSET DISPOSAL - LOTS 11 AND 12 (NOS.37-39) OLD GREAT NORTHERN HIGHWAY, MIDLAND (BANKWEST BUILDING)

This matter was deferred at the Ordinary Council Meeting held on 03 June 2020 until such time as City staff have concluded ongoing negotiations with a prospective tenant.

13.4 ADOPTION OF CITY OF SWAN CYCLE NETWORK PLAN

This matter was deferred at the Ordinary Council Meeting held on 29 July 2020 until all interested place Councillors have been briefed on their views and their concerns are canvassed at their relevant place meetings.


13.5 THIRD PARTY ADVERTISING SIGNAGE - LOT 802 (NO.76) RUGBY STREET, BENNETT SPRINGS (DA273-20)

This matter was deferred at the Ordinary Council Meeting held on 29 July 2020 to allow for consultation with the Public Transport Authority.


The presiding member moved this item forward to be the first item dealt with as it was where the Ordinary Meeting of Council 26 August 2020 concluded.

13.7 CR KIELY - DAYTON SHOPPING CENTRE

Ward: (Altone Ward) (Statutory Planning)

Disclosure of Interest: Nil

Authorised Officer: (Executive Manager Planning & Development)

Councillor Kiely submitted the following Notice of Motion:

That the Council resolve to:

1) Note the efforts of staff to direct the owner or administrator to clean up the Dayton Shopping Centre site (Lots 2 & 3 Coast Road and Lot 23 Arthur Street, Dayton).

2) Direct the CEO to obtain legal access to the site and proceed to clear the Dayton Shopping Centre site (Lots 2 & 3 Coast Road and Lot 23 Arthur Street, Dayton)) by removing all dumped materials/building rubble, level the site and then re-establish a secure fence around the site.

3) Permit the CEO to fund this work as soon as possible, by the most appropriate means, within the existing 20/21 budget.

*Absolute Majority Vote required

Reason for Motion (provided by Councillor Kiely)

The reason being that the site is an eyesore and blight on the landscape and potential health risk and the community deserve to have this site cleared and made safe.

OFFICER COMMENT

The City recently received confirmation from the Administrators that the property is still under External Administration and has not yet been sold. The comment provided to Council on a similar Motion in March 2020, which included confidential legal advice confirming that any costs incurred by the City should be treated as being effectively unrecoverable as a result of the property being under Administration, is therefore still applicable.


NOTE:

This Motion was moved by Cr Kiely and seconded by Cr Catalano at the Ordinary Meeting of Council held on 26 August 2020. Debate commenced and the following Councillors spoke to the Motion:

• Cr Kiely

• Cr Catalano

• Cr Henderson

The meeting was adjourned at this point.

Debate recommenced at the point at which the meeting was adjourned.

SUPPLEMENTARY OFFICER COMMENT

The site was formally referred to the Department of Water and Environmental Regulation – under the provisions of the Contaminated Sites Act. The Site has been classified as Possibly Contaminated – investigation required. Owners are notified by DWER, notices are placed on title to alert prospective purchasers. Investigation processes / timelines are set and overseen by the DWER. A recent site visit by Development Compliance confirmed that the site remains secured. The administrators of the property arranged for the fencing to be installed.


MOTION that the Council resolve to:

1) Note the efforts of staff to direct the owner or administrator to clean up the Dayton Shopping Centre site (Lots 2 & 3 Coast Road and Lot 23 Arthur Street, Dayton).

2) Direct the CEO to obtain legal access to the site and proceed to clear the Dayton Shopping Centre site (Lots 2 & 3 Coast Road and Lot 23 Arthur Street, Dayton)) by removing all dumped materials/building rubble, level the site and then re-establish a secure fence around the site.

3) Permit the CEO to fund this work as soon as possible, by the most appropriate means, within the existing 20/21 budget.

(Cr Kiely - Cr Catalano)

MOTION WAS PUT TO THE VOTE AND LOST (4/11)

For: Crs Catalano, Kiely, Johnson and Richardson Against: Crs Bailey, Congerton, Henderson, Jones, Lucas, McCullough, McNamara, Parry, Predovnik, Scanlan and Zannino


13.6 FILLING OF THE LAND - LOT 171 AND PORTIONS OF LOT 2 AND LOT 172 (NO.3) PLYMOUTH STREET, WOODBRIDGE (DA752-19)

Ward: Ward - (Midland/Guildford) (Statutory Planning)


Authorised Officer: (Executive Manager Planning and Development)

RECOMMENDATION


1) Grant approval for the proposed Filling of the Land at Lot 171 and portions of Lot 2 and Lot 172 (No.3) Plymouth Street, Woodbridge, subject to the following conditions and advice notes:

1. The approved filling of the land and removal of two (2) trees must comply in all respects with the attached approved plans, as dated, marked and stamped, together with any requirements and annotations detailed thereon by the City of Swan. The plans approved as part of this application form part of the development approval issued.

2. The side slopes of any fill shall be no steeper than 1:4 metres (vertical:horizontal) and must be stabilised to prevent any sediment from leaving the site.

3. The soak well shall be sized to capture stormwater run-off from constructed impervious surfaces generated by small rainfall events (i.e. the first 15mm of rainfall).

4. The applicant must ensure that any fill products brought on site are certified clean, uncontaminated, and free from rubble, weeds and disease.

Conditions relating to the Rail Corridor (ARC):

5. Works are to be contained within the lot with management protocols for work methods to ensure no material is placed within the rail corridor boundary.

6. No services (water, electricity, fibre optic, gas, other) to/from the site are to be run across the rail corridor, either above or below ground.


7. No parking of equipment (e.g. front end loader, excavator, dozer, dump trucks, bobcats, utilities, other equipment) is permitted on rail corridor land at any time during the Works.

8. No drainage or water runoff from the Works is permitted onto rail corridor land.

9. During earthworks activities, Arc recommends dust suppression methods (i.e. watering down) are deployed to prevent airborne dust from being released to atmosphere that may affect rail operations (prevailing wind direction dependent).

Conditions relating to the Parmelia Gas Pipeline (APA):

10. Buildings, structures, roadway, pavement, pipeline, cable, fence, change in ground level, or any other improvement on or under the land, must not be constructed within the gas transmission pipeline easement, without the prior authorisation of APA. This includes both temporary and permanent improvements of the type detailed above.

11. Prior to the commencement of any works within the gas transmission pipeline easement, the proponent must enter a Third Party Works Authorisation within the pipeline licensee/operator (APT Parmelia Pty Ltd). Works within the easement must comply with any conditions attached to a third party works approval.

12. Prior to the commencement of any works on land within 50 metres of the gas transmission easement, a Construction Management Plan must be submitted and approved by the City of Swan in consultation with the gas transmission pipeline licensee (APT Parmelia Pty Ltd.). The plan must:

• Prohibit the use of rippers or horizontal directional drills unless otherwise agreed by the operator of the gas transmission pipeline.

• Avoid significant vibration, heavy loadings stored over the pipeline and Heavy vehicle / plant crossings of the pipeline within the easement.

• Be endorsed by the operator of the gas transmission pipeline where the works are within or crossing the relevant gas transmission easement.

• Include any other relevant matter to the satisfaction of the City of Swan


13. The approved Construction Management Plan is to be complied with for the duration of the construction of the development.

14. No stockpiles or storage of material is to be stored on the gas pipeline easement at any time.

ADVICE NOTES: Advice notes as recommended by the various government agencies.

2) Advise the applicant/owner of the resolution of Council and relevant advice notes pertaining to the approval.

3) Advise those that lodged a submission of the Council's decision.

4) Advise the submitter of the petition presented to Council on July 22, 2020 of the Council's decision.



a) The approved filling of the land and removal of two (2) trees must comply in all respects with the attached approved plans, as dated, marked and stamped, together with any requirements and annotations detailed thereon by the City of Swan. The plans approved as part of this application form part of the development approval issued.

b) No clearing of trees within Lot 2 is permitted.

c) The side slopes of any fill shall be no steeper than 1:4 metres (vertical:horizontal) and must be stabilised to prevent any sediment from leaving the site.

d) The soak well shall be sized to capture stormwater run-off from constructed impervious surfaces generated by small rainfall events (i.e. the first 15mm of rainfall).

e) The applicant must ensure that any fill products brought on site are certified clean, uncontaminated, and free from rubble, weeds and disease.



f) Works are to be contained within the lot with management protocols for work methods to ensure no material is placed within the rail corridor boundary.

g) No services (water, electricity, fibre optic, gas, other) to/from the site are to be run across the rail corridor, either above or below ground.

h) No parking of equipment (e.g. front end loader, excavator, dozer, dump trucks, bobcats, utilities, other equipment) is permitted on rail corridor land at any time during the Works.

i) No drainage or water runoff from the Works is permitted onto rail corridor land.

j) During earthworks activities, Arc recommends dust suppression methods (i.e. watering down) are deployed to prevent airborne dust from being released to atmosphere that may affect rail operations (prevailing wind direction dependent)


k) Buildings, structures, roadway, pavement, pipeline, cable, fence, change in ground level, or any other improvement on or under the land, must not be constructed within the gas transmission pipeline easement, without the prior authorisation of APA. This includes both temporary and permanent improvements of the type detailed above.

l) Prior to the commencement of any works within the gas transmission pipeline easement, the proponent must enter a Third Party Works Authorisation within the pipeline licensee/operator (APT Parmelia Pty Ltd). Works within the easement must comply with any conditions attached to a third party works approval.

m) Prior to the commencement of any works on land within 50 metres of the gas transmission easement, a Construction Management Plan must be submitted and approved by the City of Swan in consultation with the gas transmission pipeline licensee (APT Parmelia Pty Ltd.). The plan must:






n) The approved Construction Management Plan is to be complied with for the duration of the construction of the development.

o) No stockpiles or storage of material is to be stored on the gas pipeline easement at any time.

2) Council seek alternatives to protect Lot 2 as an established wildlife corridor.




Reason for changing the officer’s recommendation:

To allow the applicant to proceed with the proposed filling of land, whilst meeting community expectations of working to protect and preserve flora and fauna of the area.

(Cr Scanlan – Cr Johnson)

RESOLVED (10/5) TO:


a) The approved filling of the land and removal of two (2) trees must comply in all respects with the attached approved plans, as dated, marked and stamped, together with any requirements and annotations detailed thereon by the City of Swan. The plans approved as part of this application form part of the development approval issued.

b) No clearing of trees within Lot 2 is permitted.

c) The side slopes of any fill shall be no steeper than 1:4 metres (vertical:horizontal) and must be stabilised to prevent any sediment from leaving the site.

d) The soak well shall be sized to capture stormwater run-off from constructed impervious surfaces generated by small rainfall events (i.e. the first 15mm of rainfall).


e) The applicant must ensure that any fill products brought on site are certified clean, uncontaminated, and free from rubble, weeds and disease.


f) Works are to be contained within the lot with management protocols for work methods to ensure no material is placed within the rail corridor boundary.

g) No services (water, electricity, fibre optic, gas, other) to/from the site are to be run across the rail corridor, either above or below ground.

h) No parking of equipment (e.g. front end loader, excavator, dozer, dump trucks, bobcats, utilities, other equipment) is permitted on rail corridor land at any time during the Works.

i) No drainage or water runoff from the Works is permitted onto rail corridor land.

j) During earthworks activities, Arc recommends dust suppression methods (i.e. watering down) are deployed to prevent airborne dust from being released to atmosphere that may affect rail operations (prevailing wind direction dependent)


k) Buildings, structures, roadway, pavement, pipeline, cable, fence, change in ground level, or any other improvement on or under the land, must not be constructed within the gas transmission pipeline easement, without the prior authorisation of APA. This includes both temporary and permanent improvements of the type detailed above.

l) Prior to the commencement of any works within the gas transmission pipeline easement, the proponent must enter a Third Party Works Authorisation within the pipeline licensee/operator (APT Parmelia Pty Ltd). Works within the easement must comply with any conditions attached to a third party works approval.

m) Prior to the commencement of any works on land within 50 metres of the gas transmission easement, a Construction Management Plan must be submitted and approved by the City of Swan in consultation with the gas transmission pipeline licensee (APT Parmelia Pty Ltd.). The plan must:






n) The approved Construction Management Plan is to be complied with for the duration of the construction of the development.

o) No stockpiles or storage of material is to be stored on the gas pipeline easement at any time.

2) Council seek alternatives to protect Lot 2 as an established wildlife corridor.




For: Crs Catalano, Congerton, Johnson, Jones, Kiely, Lucas, Predovnik, Richardson, Scanlan and Zannino Against: Crs Bailey, Henderson, McCullough, McNamara and Parry


13.8 CR JOHNSON - MIDLAND OVAL REDEVELOPMENT MASTERPLAN

Ward: (Midland/Guildford Ward) (Business & Tourism Services)



Cr Zannino declared an impartiality interest in item 13.8 - Cr Johnson - Midland Oval Redevelopment Masterplan as his former business partners own land on The Crescent Midland.

Councillor Johnson submitted the following Notice of Motion:


1) Amend the Midland Oval Master Plan to include the additional 4 lots of public open space within the envelope of the outside of the Midland Oval Velodrome as shown on the accompanying diagram and annotated 1 to 4 and defined as follows:

a) The area bounded by The Avenue, Residential Street 3 and the outer northwest perimeter of the Midland Oval Velodrome.

b) The area bounded by the Residential Park, the outer western perimeter of the Midland Oval Velodrome, The Avenue and Residential Street 2.

c) The area bounded by The Avenue, the outer south eastern perimeter of the Midland Oval Velodrome and the Laneway.

d) The area bounded by The Avenue, The Piazza and the outer south west perimeter of the Midland Oval Velodrome.

2) Report to Council on the steps to amend the structure plan and subdivision.

Reason for Motion (provided by Councillor Johnson)

The Midland community want:

1. The land within the envelope of the Midland Oval Velodrome to be retained as public open space.

2. A larger park space to support large events with social distancing if needed.

3. The Midland Oval Redevelopment to go ahead with sufficient public open space.


OFFICER COMMENT

The second part of the motion (to report to Council on the steps to amend the structure plan and subdivision) together with other potential implications addressed in this officer comment should prudently be considered by decision makers prior to making a decision on the first part of the motion (to amend the Midland Oval Master Plan).

Whilst the steps generally necessary to amend the Structure Plan and subdivision for the above Notice of Motion to occur have been provided below, the previous contracts and legal agreements entered into by the City, highlight that there are also other considerations that would need to be addressed. These have been divided into three key areas; Statutory Planning requirements, Financial and Legal requirements/obligations.

Statutory Planning requirements:

The following planning amendments would be required, and will importantly require proper justification for WAPC/Minister’s approval.

a) An amendment to the Local Planning Scheme (LPS17) will be required. LPS17 is the statutory power when it comes to the zones and land use permissibility.

b) An amendment to the Midland Activity Centre Structure Plan (MACSP) would be required.

c) An amendment to the Draft Midland Oval Design Guidelines (MODG) is required as this guides future development applications and their assessment on the affected lots.

The LPS 17 amendment process is set under the Planning and Development (Local Planning Schemes) Regulations 2015. The process for a Scheme Amendment generally takes 12-18months. A similar timeframe would be expected for the amendment to the Midland Activity Centre Structure Plan.

An amendment to the MODGs would not require WAPC approval however would take time to prepare due to the potential impacts on the built form, which may require external expertise.

It should also be noted that the proposed changes may impact the functionality of the development proposed on the affected lots. The useability and potential design of the additional public open spaces suggested would additionally need to be considered under the City’s Standards of Provision for Open Space.


Financial

The potential financial impacts of the proposed resolution per individual area are as follows:

Area 1 - This is the proposed multi deck car parking area, which forms a key part of both New Junction and the City’s parking strategy. The proposed POS area is some 25% of the site, which will significantly impact on the number of bays that can be provided and the need to provide additional parking elsewhere in the area.

Area 2 - The De Mol Group have a legal first right of refusal to purchase the site through the same Sales and Development Agreement that impacts the lot in Area 3. If the De Mol Group exercise this right, Council may be liable for damages for the value of the land taken, costs incurred and lost income. Reducing the amount of land available by some 10% may also impact the viability of that project.

Area 3 - This land is under contract through a Sales and Development Agreement with the De Mol Group. The contract does not include a clause whereby Council can exit for subdivision redesign reasons. The De Mol Group will potentially have a substantial damages claim for the value of the land taken, costs incurred and lost income. There may also be a substantial impact on the City’s reputation with developers.

Area 4 - This is a proposed hotel site. The proposed area to be used for POS is some 30% of the site, which will likely significantly impact on the site’s viability.

It should also be noted that there is a risk in reducing lot sizes from the original design which may make some sites less/unviable. Commercial consultants may need to be appointed to determine if the smaller lots are still viable. If they are deemed unviable, there may be a need for a substantial redesign and the reworking of the suite of planning and other documents that use the existing lot layout (including Masterplan, Structure Plan, Subdivision Plan, Guidelines, Strategies etc.). These potential amendments will require specialist input from external consultants and create time implications for the project, including deferred income from land sales.

In summary, the proposal will have potential direct costs related to the following which will require the WA Treasury Model and relevant Business Plans to be reviewed/updated:

• contract breach with the De Mol Group;

• loss in land sales;

• loss of long term rates income;


• landscaping of the four areas;

• maintenance of the additional open spaces;

• Planning and other consultant fees as well as advertising/public consultation costs

Legal requirements and obligations:

There are legal uncertainties that are advisable to be further investigated and its impact considered prior to a decision on the modification of the Midland Oval Master Plan.

The project is subject to previous decisions and resolutions of Council, along with contracts that have been entered into. Initial legal advice has been sought, however given the urgency of the advice, they have not had the opportunity to review all of the relevant information relating to the approval of the Midland Oval Masterplan, the De Mol Business Plan, the Midland Oval Redevelopment Precinct Business Plan or the subdivision and development of the land within the Midland Oval Precinct (particularly, any previous resolutions of Council).

Notwithstanding this, the proposed Motion would likely seek to change a previous decision/s of Council, and for this motion to be passed, the earlier decision/s may have to be revoked or changed in accordance with certain voting requirements set out in regulation 10 of the Local Government (Administration) Regulations 1998 (the Administration Regulations).

Examples of these legal uncertainties are:

a) The Proposed Motion could result in the City selling a different parcel of land to De Mol as compared to land described in the De Mol Business Plan, and as such there is a real risk that any decision to remove Area 2 and Area 3 from the parcels of land being sold to De Mol would be “significantly different” to the land transaction described in the De Mol Business Plan. The proposed Motion would therefore need to meet the requirements set out in the Administration Regulations before it could be passed and implemented (noting that this may need to include a resolution to prepare a new business plan in relation to the significantly different transaction).

b) The proposed amendments to the Masterplan could also be seen as significantly different from the current Midland Oval Redevelopment Precinct Business Plan and thus the proposed Motion would therefore need to meet the requirements set out in the Administration Regulations (noting that this may need to include a resolution to prepare a new business plan).


c) The proposed Resolution may result in the City pursuing a course of action in relation to Area 2 and Area 3 that exposes the City to risk of a dispute with and liability to De Mol, because the City cannot simultaneously reserve Area 2 and Area 3 as public open space and sell or offer to sell these areas to De Mol.

Council should therefore be aware that the proposed motion could expose the City to significant areas of risk and as such it is strongly advised that if Council is minded to support the proposed resolution, further legal advice should be obtained before Council passes the motion to fully ascertain the legal requirements and financial obligations which it would need to comply with.


1) Report on amending the Midland Oval Master Plan to include the additional 2 lots of public open space within the envelope of the outside of the Midland Oval Velodrome as shown on the accompanying diagram and annotated 1 and 4 and defined as follows:

a) The area bounded by The Avenue, Residential Street 3 and the outer northwest perimeter of the Midland Oval Velodrome.

b) The area bounded by The Avenue, The Piazza and the outer south west perimeter of the Midland Oval Velodrome.

2) And to report to Council on the steps to amend the structure plan and subdivision.

(Cr Johnson – Cr Scanlan)


For: Crs Catalano, Kiely, Johnson, Predovnik, Richardson and Scanlan Against: Crs Bailey, Congerton, Henderson, Jones, Lucas, McCullough, McNamara, Parry and Zannino


13.9 CR JOHNSON - TUOHY GARDENS, MIDLAND

Ward: (Midland/Guildford Ward) (Asset Management)


Authorised Officer: (Executive Manager Operations)



1) Write to the state government agency that owns Tuohy Gardens, Midland, and request that Tuohy Gardens be made available as a community vegetable garden, on a temporary basis with a notice period to vacate of one month.


Tuohy Gardens has been disused for some 20 years and the land should be put to some community use.

OFFICER COMMENT

When establishing a community garden a range of factors need to be considered including soil type, site drainage, surrounding land use, passive surveillance, available parking and availability of water and power. Staff have not assessed any of these factors at this location. Community gardens often require infrastructure such as compost and material storage bays, equipment storage sheds, paths and edging, fencing and gates, seating and shade structures. There are no funds on the budget for any of this infrastructure. Community gardens also require a group of volunteers to operate such a garden.

The land is located within the Midland Redevelopment Area, Victoria Precinct. An application would be required to be made to WA Development in accordance with the Midland Redevelopment Scheme 2. The private ownership tenure of the land will require the owner to consider its legal obligations when this land is made accessible to the public.

The City can write a letter if so resolved by Council.



1) Write to the state government agency that owns Tuohy Gardens, Midland, and request that Tuohy Gardens be made available as a community vegetable garden, on a temporary basis with a notice period to vacate of one month at no cost to Council.


AMENDMENT TO THE MOTION

Cr Parry requested the following amendment:

That the words “and liability” be added after 'cost'

The mover and seconder of the substantive motion agreed to the amendment.

THE AMENDMENT BECAME PART OF THE SUBSTANTIVE MOTION

RESOLVED UNANIMOUSLY TO:

1) Write to the state government agency that owns Tuohy Gardens, Midland, and request that Tuohy Gardens be made available as a community vegetable garden, on a temporary basis with a notice period to vacate of one month at no cost and liability to Council.



13.10 CR JOHNSON - COUNCIL MEETING ARRANGEMENTS

Ward: (No Wards) (Governance & Strategy)


Authorised Officer: (Chief Executive Officer)



1) Note that:

a) Council meetings commence at 5:30pm as resolved at Item 5 on 15 April 2020

b) Council meetings should finish by 10pm, as resolved at item C1.5 on 8 May 2019

c) There is no resolution of Council limiting Council meetings to two (2) hours duration.

d) There is no City of Swan Environmental Health Officer report recommending limiting meetings to 2 hours duration.

e) Councillors have the option to leave a meeting at any time if they so wish.

2) Take a 10 minute break approximately every two (2) hours until the Council meeting is closed or adjourned.


To provide Councillors and staff with a break for health and safety reasons to allow meetings to continue for up to 4 and a half hours as previously resolved by Council.


OFFICER COMMENT

Council considered a similar motion, regarding the duration of Council Meetings, at the Special Council Meeting held 22 July 2020. As explained in the previous officer comment, the reason that the Presiding Member is currently adjourning meetings before two (2) hours are up is to manage a business continuity risk. If a person who attended a Council meeting (for more than 2 hours) is diagnosed with COVID-19, then all people who were in the Council Chambers for the same two (2) hours in the period up to 48 hours before the onset of symptoms would most likely need to quarantine for 14 days.

Regarding taking a 10 minute break after two (2) hours, the guiding document is silent on whether an interruption effectively resets the start of the two (2) hour period used to determine a ‘close contact’. However, City officers consider it unlikely that it would be interpreted in such a way.

Notwithstanding the above, currently there is no evidence of community transmission in WA therefore the risk of the above impact to business continuity is low. It would be reasonable therefore to return to normal meeting times as long as this is reviewed in the event of community transmission occurring in WA.

If Council wishes to continue meetings past two (2) hours, it is open to Council to do so. This can be achieved either through the discretion of the Presiding Member (currently provided to the Presiding Member through the suspension of some clauses of the Meeting Procedures Local Laws), or the Council can reinstate clause 7.4 of the City of Swan Meeting Procedures Local Law 2019, so that a vote of Council is required to adjourn the Council Meeting.


1) Note that:

a) Council meetings commence at 5:30pm as resolved at Item 5 on 15 April 2020

b) Council meetings should finish by 10pm, as resolved at item C1.5 on 8 May 2019

c) There is no resolution of Council limiting Council meetings to two (2) hours duration.

d) There is no City of Swan Environmental Health Officer report recommending limiting meetings to 2 hours duration.

e) Councillors have the option to leave a meeting at any time if they so wish.


2) Take a 10 minute break approximately every two (2) hours until the Council meeting is closed or adjourned.

(Cr Johnson)

The Presiding Member ruled the motion out of order as a similar motion was dealt with at the Special Meeting of Council on 9 September 2020. MOTION that the ruling of the Presiding Member be disagreed with.

(Cr Johnson - Cr Catalano)


For: Crs Catalano, Kiely, Johnson, Richardson and Scanlan Against: Crs Bailey, Congerton, Henderson, Jones, Lucas, McCullough, McNamara, Parry, Predovnik and Zannino


13.11 CR JOHNSON - TECHNOLOGY TO CONDUCT ELECTRONIC MEETINGS

Ward: (No Wards) (Governance & Strategy)


Authorised Officer: (Chief Executive Officer)



1) Request that the CEO prepare a report for Council, setting out in further detail the scope, budget and implementation stages, for a video conferencing system to support holding Council meetings by electronic means, including but not limited to:

a) Councillors and staff being able to attend Council meetings by electronic means or in person;

b) Approved members of the public being able to make deputations, public statements and ask public questions by electronic means (with their participation controlled by the Presiding Member, or their delegate)

c) Other members of the public being able to view the electronic meeting through livestreaming as observers and listeners

d) Sound and video quality to meet the reasonable expectations of all classes of participants

e) Additional screens and sound system, if needed, so that Councillors and staff can see deputations, public statements and questions, and ask questions of deputees.


It is possible that the State of Emergency may continue for an extended period and if the COVID-19 pandemic returns to WA the City of Swan Council will need to be able to effectively hold meetings by electronic means.


OFFICER COMMENT

The temporary electronic meeting solution in place at Council was assembled using commodity equipment and video conferencing software that was obtained in March 2020 during the first wave of COVID-19. A number of issues have been experienced with the system thus far, notably poor audio. Due to the preference for a combination of in person and electronic attendance, integration with the livestreaming has not been possible.

City officers acknowledge the need for a more permanent solution, particularly in the event that there is a second wave, and an increase in public gathering restrictions.

The requirements listed in the Motion are general in nature, so a detailed scoping exercise would need to be undertaken to define the exact requirements that a new solution would need to address. Staff are unable to estimate the cost and effort required to design, procure, and implement the solution until these requirements have been further narrowed down.

A number of trade-offs need to be considered that will affect the resultant solution pursued: cost to procure and maintain, time to design and implement, the system's ease-of-use and training requirements, integration with livestreaming, and the change in existing meeting processes. The heritage status of the Midland Town Hall will also need to be taken into consideration.

At this stage no budget has been allocated for this project, and staff will need to be redirected off other projects to assist with the design, procurement, and implementation of this solution. City officers will prepare a report to Council, if this project is identified by Council as a priority.



1) Request that the CEO prepare a report for Council, setting out in further detail the scope, budget and implementation stages, for a video conferencing system to support holding Council meetings by electronic means, including but not limited to:

a) Councillors and staff being able to attend Council meetings by electronic means or in person;

b) Approved members of the public being able to make deputations, public statements and ask public questions by electronic means (with their participation controlled by the Presiding Member, or their delegate)

c) Other members of the public being able to view the electronic meeting through livestreaming as observers and listeners

d) Sound and video quality to meet the reasonable expectations of all classes of participants

e) Additional screens and sound system, if needed, so that Councillors and staff can see deputations, public statements and questions, and ask questions of deputees.

(Cr Johnson – Cr Catalano)


For: Crs Catalano, Kiely, Johnson, Parry, Predovnik, Richardson and Scanlan Against: Crs Bailey, Congerton, Henderson, Jones, Lucas, McCullough, McNamara, and Zannino


13.12 CR CATALANO - MAYORAL DINNER

Ward: (No Wards) (Marketing and Public Relations)


Authorised Officer: (Executive Manager Stakeholder Relations)

Councillor Catalano submitted the following Notice of Motion:


1) Not to hold the Mayoral Dinner in 2020 or 2021.

Reason for Motion (provided by Councillor Catalano)

Funds can be better spent on providing for residents and ratepayers

OFFICER COMMENT

The Mayoral Dinner has been a part of the City’s history since 1912.

The current objective of the dinner is to acknowledge the partnerships the City has with various agencies and groups. This is an opportunity for the City to thank the various local members of Parliament, Government agencies, local authorities and other community members who have contributed to the City during the past twelve months. The Mayoral dinner also provides an opportunity to build stronger relationships with key stakeholders, including decision makers, Members of Parliament and local community leaders. This approach continues to be beneficial to the City and our advocacy program because it provides an opportunity to informally lobby key stakeholders about the City’s priority advocacy projects.

Due to the COVID-19 pandemic, the City will not be hosting a Mayoral Dinner this year. However, as 2020 is a significant year in our City’s history as we celebrate 150 years of the establishment of the Municipality of Guildford and the Swan Roads Board, 120 years of the Municipality of Midland Junction, 50 years of the formation of the Shire of Swan following the amalgamation of the Town of Midland and the Shire of Swan-Guildford, and 20 years as a City; these anniversaries are still intended to be celebrated through the 2021 Mayoral Dinner.


Work for the 2021 Mayoral Dinner has commenced, based on the adoption of the budget by Council and approval of the date from the Events and City Relationships Committee. The Mayoral Dinner is being planned for Saturday, 17 April 2021.

Cr Parry left the chamber at 6.09pm and returned at 6.10pm


1) Not to hold the Mayoral Dinner in 2020 or 2021.

(Cr Catalano – Cr Scanlan)




CITY of SWAN

ORDINARY COUNCIL

MEETING

PART B

REPORTS

23 SEPTEMBER 2020


PART B - REPORTS

ADOPTION OF THOSE RECOMMENDATIONS CONTAINED IN ITEMS NOT WITHDRAWN

RESOLVED UNANIMOUSLY that the reports of Council in Part B of the Minutes not withdrawn be received and the recommendations therein adopted:

Items 2.1 3.1

3.3 3.4

3.5 3.7

3.9 3.12

4.2 4.4

4.6 4.8

5.1 5.2

5.3 5.4

(Cr Lucas – Cr Parry)


1. CORPORATE PLANNING AND POLICY

Nil


2. COMMUNITY PLANNING AND DEVELOPMENT

2.1 CITY OF SWAN VOLUNTEER PLAN 2019 - 2024

Ward: (All Wards) (Lifespan Services)



RECOMMENDATION


1) Amend the title of the City of Swan Volunteer Plan 2019 – 2024 to City of Swan Volunteer Plan 2020 - 2025.

2) Adopt the amended City of Swan Volunteer Plan 2020 - 2025.

3) Advise those that lodged a submission during the period of consultation of the City of Swan Volunteer Plan 2019 - 2024, of the Council’s decision accordingly

CARRIED ENBLOC


3. STATUTORY PLANNING

3.1 PROPOSED ANCILLARY DWELLING - LOT 36 (NO.118) BROMLEY ROAD HERNE HILL (DA179-20)

Ward: (Swan Valley/Gidgegannup Ward) (Statutory Planning)



RECOMMENDATION


1) Not accept the advice of the Swan Valley Planning Committee that the application for an Ancillary Dwelling at Lot 36 (No.118) Bromley Road, Herne Hill be refused and approve the proposal subject to the following conditions:

a. This approval is for "Ancillary Accommodation" as defined in the City's Local Planning Scheme No.17 which is ancillary to the "Single House" as illustrated on the approved plans.

b. The approved "Ancillary Accommodation" dwelling must comply in all respects with the attached approved plans, as dated, marked and stamped, together with any requirements and annotations detailed thereon by the City of Swan. The plans approved as part of this application form part of the development approval issued.

c. The "Ancillary Accommodation" dwelling must be clad in a material or painted in a colour of natural or earth tones to complement the surroundings, and/or adjoining developments, in which it is located to the satisfaction of the City of Swan.

d. Prior to a building permit being issued, the ancillary dwelling must incorporate all relevant construction standards of Australian Standard 3959:2009 – Construction of Buildings in Bushfire Prone Areas (as amended) applicable to the assessed Bushfire Attack Level rate.

e. All stormwater must be contained and disposed of on-site at all times, to the satisfaction of the City of Swan.

f. An approved effluent disposal system must be installed prior to the occupation of any building the subject of this approval.


g. Any additional development, which is not in accordance with the application (the subject of this approval) or any condition of approval will require further approval of the City.

2) Forward the application to the Western Australian Planning Commission for determination under the Metropolitan Region Scheme, with a recommendation of approval.

3) Advise the applicant/owner of the resolution of Council.

CARRIED ENBLOC


3.3 PROPOSED BOUNDARY FENCING - LOT 101 (NO.719) GREAT NORTHERN HIGHWAY, HERNE HILL (DA314-20)




RECOMMENDATION


1. Not accept the advice of the Swan Valley Planning Committee to refuse the application on the basis that the solid fence is not in keeping with the rural amenity of the area.

2. Approve the application for Boundary Walls and Fencing at Lot 101 (No.719) Great Northern Highway, Herne Hill, subject to the following conditions:

1. This approval is for 'Boundary Walls and Fencing' as illustrated on the submitted plans received by the City on 22 May 2020.

2. Both sides of the fence shall be finished in a colorbond 'Wallaby'.

3. Walls and fencing (including footings) shall be wholly contained within legal lot boundaries of Lot 101 (No.719) Great Northern Highway, Herne Hill. Earthworks, footings and/or structures are not to extend over any lot boundaries.

4. Any additional development which is not in accordance with the application (the subject of this approval) or any conditions of approval will require further approval of the City.

3. Refer the application to the Western Australian Planning Commission for determination under the Metropolitan Region Scheme.

4. Advise the applicant/owner of the resolution of Council.

CARRIED ENBLOC


3.4 USE OF THE LAND FOR AGRICULTURE-INTENSIVE AND INCIDENTAL SHED - LOT 124 RAILWAY CRESCENT, HERNE HILL (DA403-20)




RECOMMENDATION


1) Not accept the advice of the Swan Valley Planning Committee that the proposed Shed at Lot 124 Railway Crescent, Herne Hill should be approved subject to a condition requiring it to be rotated 90 degrees and instead approve the application for the use of the land for Agriculture-Intensive purposes (growing of melons) and the construction of a Shed, subject to the following conditions:

1. This approval is for 'Agriculture-Intensive' land use and incidental 'Shed' as illustrated on the submitted plans received by the City on 24 June 2020.

2. The 'Shed' is to comply in all respects with the attached approved plans, as dated, marked and stamped, together with any requirements and annotations detailed thereon by the City of Swan. The plans approved as part of this application form part of the development approval issued.

3. The approved shed shall be clad in a material or painted in a colour of natural or earth tonings to complement the surrounding, and/or adjoining developments, in which it is located to the satisfaction of the City of Swan.

4. All stormwater produced on site shall be disposed of within the site to the satisfaction of the City of Swan.

5. Any additional development which is not in accordance with the application (the subject of this approval) or any conditions of approval will require further approval of the City.

2) Refer the application to the Western Australian Planning Commission for a determination pursuant to clauses 26 and 30B of the Metropolitan Region Scheme.



CARRIED ENBLOC


3.5 ELLENBROOK YOUTH CENTRE - LOT 5519 LIBRARY AVENUE, ELLENBROOK (DA329-20)

Ward: (Pearce Ward) (Statutory Planning)

Disclosure of Interest: Nil.


RECOMMENDATION


1) Approve the application for the Ellenbrook Youth Centre at Lot 5519 Library Avenue, Ellenbrook, subject to the following conditions:

1. The approved development must comply in all respects with the attached approved plans, as dated, marked and stamped, together with any requirements and annotations detailed thereon by the City of Swan. The plans approved as part of this application form part of the development approval issued.

2. This approval is for Community Purpose as defined in the City of Swan Local Planning Scheme No.17 and the subject land may not be used for any other use without the prior approval of the City.

3. Prior to construction, Ministerial consent must be obtained to enter into a lease or licence agreement with the City of Swan. Commencement of use and associated development works incidental to those activities must not be undertaken until such consent and licence agreement is obtained.

4. Prior to occupation or use of the development, 21 vehicle parking bays must be provided on the lot in accordance with the approved plans. The design of vehicle parking and access must comply with AS/NZ 2890.1 (as amended). Accessible parking bays must comply with AS/NZ 2890.6 (as amended).

5. All crossovers must be built and maintained in accordance with the City’s specifications.

6. All stormwater produced from this property including subsoil drainage must be collected and disposed into the City’s drainage system in accordance with the City’s requirements.


7. All building works to be carried out under this development approval are required to be contained within the boundaries of the subject lot.

8. Refuse bin areas adequate to service the development must be provided to the satisfaction of the City of Swan prior to occupation or use of development.


3) Advise all who made a submission of the resolution of Council.

CARRIED ENBLOC


3.7 PROPOSED DEVELOPMENT AND USE OF THE SITE FOR A ROADHOUSE AT LOT 7 (NO.32) ROBINSON ROAD, BULLSBROOK (DA778-19)

Ward: (Pearce Ward) (Statutory Planning)



RECOMMENDATION


1) Support the proposed development and use of the site for a Roadhouse and Associated Development at Lot 7 (No.32) Robinson Road, Bullsbrook subject to the following conditions:

1. This approval is for 'Roadhouse' as defined in the City of Swan Local Planning Scheme No.17 and the subject land may not be used for any other use without the prior approval of the City.

2. Prior to commencement of operation the applicant/owner is to:

(i) Submit to the satisfaction of the City of Swan Detailed Plans for the upgrading of the carriageway of Robinson Road as highlighted on the approved plan to a standard sufficient to accommodate RAV 4 vehicles.

(ii) Construct the upgrade works to Robinson Road in accordance with the approved Detailed Plans.

3. Prior to commencement of operation the applicant/owner is to cause to have ceded to the City of Swan those portions of the subject lot required as truncations to provide the necessary sightlines for access to the proposed site as depicted on the approved plan.

4. Prior to commencement of operation the applicant/owner is to install street lighting, to the satisfaction of the City of Swan, at the juncture of Raphael Road and Robinson Road.

5. Prior to the commencement of works, a Notification pursuant to section 70A of the Transfer of Land Act 1893 must be placed on the certificate(s) of title of Lot 7 (No.32) Robinson Road, Bullsbrook, advising current and future land owners that the property is subject to a Bushfire Management Plan.


6. Prior to commencement of works an amended Bushfire Management Plan shall be provided to the City detailing the location of the firefighting water tank.

7. Prior to occupation or use of the development, a minimum of 37 vehicle parking bays must be provided on the lot in accordance with the approved plans. The design of vehicle parking and access must comply with AS/NZ 2890.1 (as amended). Accessible parking bays must comply with AS/NZ 2890.6 (as amended).

8. All stormwater must be contained and disposed of on-site at all times, to the satisfaction of the City of Swan.

9. Prior to the issue of a building permit the applicant/owner shall provide detailed drainage drawings/plans and associated calculations to the City for approval.

10. Prior to a building permit being issued, a detailed landscaping and reticulation plan for the subject site and/or road verge(s) must be submitted to, and approved to, the satisfaction of the City of Swan, and must include the following:

a) The location, number and type of proposed trees and shrubs including planter and /or tree pit sizes and planting density;

b) Any lawns to be established;

c) Any existing vegetation and/or landscaped areas to be retained;

d) Any verge treatments;

e) Evidence that the proposed landscaping will not, at maturity, negatively impact the development and adjoining properties.

11. An approved effluent disposal system must be installed prior to the occupation of the building(s) the subject of this approval.

12. A Construction Management Plan shall be submitted for approval to the City of Swan 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.

13. Prior to a building permit being issued, the landowner must contribute a sum of 1% of the total development construction value toward Public Art in accordance with the City of Swan Local Planning Policy POL-LP-1.10 Provision of Public Art, by either:


a) payment to the City of a cash-in-lieu amount equal to the sum of the 1% contribution amount ($20,000). This must be paid to the City prior to the date specified in an invoice issued by the City, or prior to the issuance of a building permit for the approved development, whichever occurs first; or

b) provision of Public Art on-site to a minimum value of the 1% contribution amount ($20,000). The following is required for the provision of Public Art on-site:

i. the landowner or applicant on behalf of the landowner must seek approval from the City for a specific Public Art work including the artist proposed to undertake the work to the satisfaction of the City in accordance with POL-LP-1.10 and the Developers’ Handbook for Public Art (as amended). The City may apply further conditions in regard to the proposed Public Art;

ii. no part of the approved development may be occupied or used until the Public Art has been installed in accordance with the approval granted by the City; and,

iii. the approved Public Art must be maintained in compliance with the approval granted by the City and any conditions thereof, to the satisfaction of the City.

14. The development and installation of underground storage tanks and associated infrastructure shall be in accordance with the Department of Mines, Industry Regulation and Safety standards. The proposed works shall be formulated into a construction management plan prior to the commencement of works to the satisfaction the City of Swan and Department of Water and Environmental Conservation.

2) Advise the applicant/owner of the resolution of Council

3) Advise those that lodged a submission of the Council's decision accordingly

CARRIED ENBLOC


3.9 METROPOLITAN REGION SCHEME (MRS) DETERMINATION OF PROPOSED CLASSROOM ADDITIONS TO AN EXISTING PLACE OF WORSHIP - LOT 101 (NO.25) SUFFOLK STREET, CAVERSHAM (DA690-19)




Cr Parry declared an interest affecting impartiality in item 3.9 - Metropolitan Region Scheme (MRS) Determination of Proposed Classroom Additions to an Existing Place of Worship - Lot 101 (No.25) Suffolk Street, Caversham (DA690-19) as he has previously worked with the owner.

RECOMMENDATION


1) Approve the application for the Proposed Classroom Additions to an existing Place of Worship at Lot 101 (No.25) Suffolk Street, Caversham pursuant to Clause 30.(1) of the Metropolitan Region Scheme, subject to the following conditions:

1. The approved development is to comply in all respects with the attached approved plans, as dated, marked and stamped, together with any requirement and annotations detailed thereon by the City of Swan. The plans approved as part of this application form part of the development approval issued

2. The classroom additions are incidental to and associated with the predominant approved use and cannot be used as a stand-alone use to be tenanted separately and/or operate separately to the predominant approved use.


4. All stormwater must be contained and disposed of on-site at all times, to the satisfaction of the City of Swan.


5. Vehicle parking, access and circulation areas must be sealed, kerbed, drained and maintained to the satisfaction of the City of Swan, in accordance with the approved plans.

6. Any additional development, which is not in accordance with the application (the subject of this approval) or any condition of approval, will require further approval of the City.

7. Landscaping must be undertaken in accordance with the approved detailed landscape plan, prior to the occupation of any building; and all landscaping is to be maintained onsite thereafter to the satisfaction of the City of Swan.

CARRIED ENBLOC


3.12 STATUTORY PLANNING DECISIONS UNDER DELEGATED AUTHORITY

Ward: (All Wards) (Statutory Planning)



RECOMMENDATION


1) Note the list of Statutory Planning decisions made under delegated authority for the period 13 August to 9 September 2020.

CARRIED ENBLOC


4. OPERATIONAL MATTERS

4.2 PROPOSED CLOSURE OF 0.1M PEDESTRIAN ACCESS WAY - LOT 55 AMAN PLACE, LOCKRIDGE

Ward: (Altone Ward) (Asset Management)



RECOMMENDATION


1) Request the Department of Planning, Lands and Heritage to close the 0.1m Pedestrian Access Way and to dedicate as road reserve Lot 55 on Plan 19250 pursuant to section 56 of the Land Administration Act 1997.

2) Indemnify the Minister for Lands against any claim for compensation in an amount equal to the amount of all costs and expenses reasonably incurred by the Minister in considering and granting the request.

3) Advise the applicant accordingly.

CARRIED ENBLOC


4.4 DEVELOPMENT WA - ASSET AND PROJECT HANDOVER




RECOMMENDATION


1) Not purchase nor accept handover of the buildings in the Railway Workshops Precinct.

2) Request Development WA consider transferring the buildings (Timekeeper's Office, Boiler House, Element Shop, Nurses Post, Power House, Pattern Shop and Pattern Store) to the Department of Planning, Lands and Heritage to consider the proposal from Town Teams

3) Advise Town Teams accordingly.

CARRIED ENBLOC


4.6 DEVELOPMENT WA HANDOVER - SIDINGS CAR PARK- LOT 502 YELVERTON DRIVE, MIDLAND




RECOMMENDATION


1) Write to Development WA to request that it transfer The Sidings Car Park (Lot 502 Yelverton Drive, Midland) to the City free of charge.

CARRIED ENBLOC


4.8 MIDLAND STATION PEDESTRIAN ACCESS




RECOMMENDATION


1) Note Metronet's proposed footpath alignment.

CARRIED ENBLOC


5. FINANCIAL AND LEGAL MATTERS

5.1 CHANGE IN BASIS OF VALUATION

Ward: (All Wards) (Financial Services and Rates)



RECOMMENDATION


1) Request the Minister for Local Government to approve the change to the method of valuation of the land areas referred to in this report from unimproved values to gross rental values, in accordance with section 6.28 of the Local Government Act 1995.

A. Lot 120 on Plan 15576, 50 Starflower Road, HENLEY BROOK WA 6055

B. Lot 122 on Plan 15429, 59 Anglesea Crescent, BELHUS WA 6069

C. Lot 111 on Plan 15576, 151 Brooklands Drive, HENLEY BROOK WA 6055

D. Lot 52 on Diagram 63676, 316 Park Street, HENLEY BROOK WA 6055

E. Lot 93 on Plan 14639, 122 Brooklands Drive, HENLEY BROOK WA 6055

CARRIED ENBLOC


5.2 LIST OF ACCOUNTS PAID AUGUST 2020




RECOMMENDATION


1) Note the Chief Executive Officer's list of accounts paid under delegated authority for August 2020, in accordance with regulation 13(1) of the Local Government (Financial Management) Regulations 1996.

CARRIED ENBLOC


5.3 BUDGET ADJUSTMENTS SEPTEMBER 2020




RECOMMENDATION


1) Approve the adjustments to the 2020/2021 City Budget as detailed in this report and attachment, in accordance with section 6.8(1) of the Local Government Act 1995.

CARRIED ENBLOC


5.4 POLICY REPEAL - RATING EXEMPTION UNDER THE HERITAGE WA ACT

Ward: (No Wards) (Financial Services and Rates)



RECOMMENDATION


1) Repeal policy POL-C-146 Rating Exemption under the Heritage WA Act.

CARRIED ENBLOC


6. GOVERNANCE

Nil


7. REPORTS OF THE CHIEF EXECUTIVE OFFICER

Nil


8. URGENT BUSINESS

Nil


ITEMS WITHDRAWN

2.2 COMPLAINTS MANAGEMENT POLICY AND MANAGEMENT PRACTICE - MANAGING UNREASONABLE COMPLAINANT CONDUCT (MUCC) 12 MONTH UPDATE

Ward: (All Wards) (Chief Executive Office)


Authorised Officer: (Executive Manager Community Wellbeing)

RECOMMENDATION


1) Note the 12-month update on MUCC – Managing Unreasonable Complainant Conduct.


1. Note the 12 month update report on the Managing Unreasonable Complainant Conduct (MUCC).

2. Request the CEO to prepare a Report for Council within the next 12 months which will include:

a) names of customers on the MUCC list;

b) the duration of time each customer has been on the list;

c) the reason for the customer being on the MUCC list including the number of inquiries or requests made by the customer over the last year.

3. The Report will be reviewed by Council at a confidential meeting to be held the month after the report is prepared.

4. At the confidential meeting Council may resolve to remove customers from the MUCC.

Reasons for changing the officer’s recommendation:

1) To ensure that MUCC remains a rare and exceptional practice for dealing with customer complaints, Council must retain oversight of the decision to retain a customer on the MUCC


2) As the decision to place a customer on the MUCC has severe consequences for customers by limiting their communications with the City, the final decision to retain a customer on the list should be made by the Council

3) Greater oversight ensuring the UCC is restricted in application will contribute to maintaining customer focus, accountability and transparency which will enhance the reputation of the City



Cr Lucas requested the following amendment:

Delete point 4 from the motion.




1. Note the 12 month update report on the Managing Unreasonable Complainant Conduct (MUCC).

2. Request the CEO to prepare a Report for Council within the next 12 months which will include:

a) names of customers on the MUCC list;

b) the duration of time each customer has been on the list;

c) the reason for the customer being on the MUCC list including the number of inquiries or requests made by the customer over the last year.

3. The Report will be reviewed by Council at a confidential meeting to be held the month after the report is prepared.



3.2 CHILD CARE PREMISES INCLUDING ASSOCIATED WORKS FOR THE BUILDING, CAR PARKING AREAS AND LANDSCAPING AT LOT 252 (NO.233) BENNETT SPRINGS DRIVE, BENNETT SPRINGS (DA271-20)




RECOMMENDATION


1) Grant approval for the 'Child Care Premises' including associated works for the building, car parking areas and landscaping at Lot 252 (No.233) Bennett Springs Drive, Bennett Springs subject to the following conditions:

1. This approval is for a 'Child Care Premises' as defined under the City's Local Planning Scheme No.17 and the subject land may not be used for any other use without prior approval of the City.

2. The approved 'Child Care Premises' is to comply in all respects with the attached approved plans, as dated, marked and stamped, together with any requirements and annotations detailed thereon by the City of Swan. The plans approved as part of this application form part of the development approval issued.


4. The 'Child Care Premises' is limited to a maximum number of 90 children and 15 staff at any given time.

5. The hours of operation shall be limited to 7.00am to 6:30pm Monday to Friday.

6. Vehicle access onto the site shall be restricted to that shown on the approved site plan.

7. Vehicle parking areas, access and circulation areas must be sealed, kerbed, drained and maintained to the satisfaction of the City, in accordance with the approved plans.


8. Parking Bays 11 - 26 as shown on the approved site plan are to be marked for 'Staff Only' and staff shall use these bays before any other bay at the site.

9. An Operational Management Plan is to be prepared by a suitably qualified consultant and submitted to the City for approval prior to a building permit being lodged. The Operational Management Plan shall outline how all noise related mitigation measures detailed by the Acoustic Report prepared by Eco Acoustics and dated 29 July 2020 will be implemented to achieve compliance with the Environmental Protection (Noise) Regulations 1997. This plan is to be to the satisfaction of the City of Swan and shall be maintained and complied with in perpetuity.

10. Prior to occupation or use of the development, acoustic barriers located along the residential property boundaries as shown on the approved plans are to be constructed. These fences are required to be solid in construction (i.e. no gaps between the fence and ground) and meet a superficial density of 11kg/m3 to the satisfaction of the City.

11. The outdoor play areas shall not be used by more than a maximum of 45 children simultaneously.

12. Plant equipment installed as part of the development is to be selected for quiet operation, and the rated sound power level should not exceed the noise levels as outlined in Table 3.2 of the Acoustic Report prepared by Eco Acoustics and dated 29 July 2020. All external condensers will be located as shown in Figure 7.1 of the Acoustic Report prepared by Eco Acoustics and dated 29 July 2020. No plant equipment is to be installed additional to these areas unless further approval is granted by the City.

13. The noise generated on-site must not exceed the levels as set out under the Environmental Protection (Noise) Regulations 1997.

14. The gate and/or fencing infill above the approved solid portions of wall shall be visually permeable in accordance with the Residential Design Codes WA.

15. The walls, fences and sliding gates within 1.5m of where they adjoin a vehicle access point and higher than 0.75m are to have a minimum slat to gap ratio of 1:10.

16. There shall be no outdoor play before 8am.


17. A refuse bin area adequate to service the development and in compliance with the City of Swan Health Local Law 2002 (Part 4) shall be provided to the satisfaction of the City of Swan before the development is occupied or used.

18. The development must be connected to Water Corporation sewer.

19. The carrying on of the development must not cause dust nuisance to neighbours. Where appropriate such measures as installation of sprinklers, use of water tanks, mulching or other land management systems should be installed or implemented to prevent or control dust nuisance, and such measures shall be installed or implemented within the time and in the manner directed by the Chief Executive Officer if it is considered that a dust nuisance exists.

20. Provision must be made for access and facilities for use of people with disabilities in accordance with provisions of the Building Code of Australia and AS 1428.1.

21. No stormwater or deleterious matter shall be discharged from the property into or allowed onto other lands or reserves to the satisfaction of the City.

22. Prior to a building permit being issued, a detailed landscaping plan for the subject site and/or the road verge(s) must be submitted to and approved by the City of Swan, and must include the following:

a. the location, number, size and species type of existing ground covers, shrubs and trees;

b. any existing landscape areas to be retained;

c. those areas to be updated, reticulated or irrigated; and

d. verge treatments.


2) Advise the applicant/owner and submitters of the resolution of Council.



1) Refuse the proposed 'Child Care Premises' including associated works for the building, car parking areas and landscaping at Lot 252 (No.233) Bennett Springs Drive, Bennett Springs, on the grounds that the proposed development, if approved, will have an adverse impact on the neighbouring properties.


The development will cause a detrimental impact to the amenity of the surrounding area

(Cr Catalano – Cr Kiely)




1) Delegate to the Chief Executive Officer authority to approve the proposed Childcare Premises at Lot 252 (No.233) Bennett Springs Drive, subject to: 1. The site layout being modified to achieve a minimum 1.2 metre wide

landscape strip along the entire length of the eastern side boundary of the lot, with this being depicted on a revised site plan; and

2. Conditions to the satisfaction of the Chief Executive Officer.


To create a vegetative screen to preserve some amenity for the properties which abut the subject lot.

(Cr Kiely – Cr Lucas)


RESOLVED (13/2) TO:

1) Delegate to the Chief Executive Officer authority to approve the proposed Childcare Premises at Lot 252 (No.233) Bennett Springs Drive, subject to: 1. The site layout being modified to achieve a minimum 1.2 metre wide

landscape strip along the entire length of the eastern side boundary of the lot, with this being depicted on a revised site plan; and

2. Conditions to the satisfaction of the Chief Executive Officer.

(Cr Kiely – Cr Lucas)

For: Crs Bailey, Congerton, Henderson, Johnson, Jones, Kiely, Lucas, McCullough, McNamara, Parry, Predovnik, Richardson and Zannino Against: Crs Catalano and Scanlan


3.6 RESPONSIBLE AUTHORITY REPORT - PROPOSED SERVICE STATION - LOT 12 (NO.2533) GREAT NORTHERN HIGHWAY, BULLSBROOK (DA378-20)

Ward: Ward - (Pearce) (Statutory Planning)



Cr Bailey declared a financial interest in item 3.6 - Responsible Authority Report - Proposed Service Station - Lot 12 (No.2533) Great Northern Highway, Bullsbrook (DA378-20) as the owner of the property also owns another business in Bullsbrook which he does business with and left the chamber at 6.48pm.

Cr McCullough declared a financial interest in item 3.6 - Responsible Authority Report - Proposed Service Station - Lot 12 (No.2533) Great Northern Highway, Bullsbrook (DA378-20) as the owner has another business that she does business with and left the chamber at 6.48pm.

Cr Lucas assumed the chair as presiding member for this item.

RECOMMENDATION


1) Endorse the staff recommendation on the application to the Metro East Joint Development Assessment Panel.


That Council resolve to recommend that the Metro–Outer Joint Development Assessment Panel refuse the application for the proposed ‘Service Station’ at Lot 12 (No. 2533) Great Northern Highway, Bullsbrook for the following reason:

1. The proposed development will have an adverse effect on the surrounding areas amenity due to excessive levels of traffic, building bulk, noise and odour emissions.

(Cr Henderson – Cr Jones)



Cr Kiely requested the following amendment:

That the words “odour emissions” be removed from the motion.



Cr Kiely left the chamber at 6.51pm and returned at 6.53pm

Cr Johnson left the chamber at 6.53pm and returned at 6.55pm

Mrs Leahy left the chamber at 6.57pm and returned at 7.00pm

RESOLVED (9/4) TO:

That Council resolve to recommend that the Metro–Outer Joint Development Assessment Panel refuse the application for the proposed ‘Service Station’ at Lot 12 (No. 2533) Great Northern Highway, Bullsbrook for the following reason:

1. The proposed development will have an adverse effect on the surrounding areas amenity due to excessive levels of traffic, building bulk, and noise.


For: Crs Congerton, Henderson, Jones, Kiely, Johnson, Parry, Predovnik, Richardson and Scanlan Against: Crs Catalano, Lucas, McNamara, and Zannino


Cr Bailey and Cr McCullough returned to the chamber at 7.01pm.

The Presiding Member moved forward items 3.10 and 3.11 of the items withdrawn as they are related to current State Administrative Tribunal matters awaiting Council resolution.

3.10 STATE ADMINISTRATIVE TRIBUNAL REVIEW - INVITATION TO RECONSIDER THE PROPOSED CHILD CARE PREMISES AT LOT 5 (NO.152) CRANLEIGH STREET, DAYTON (DA253-19)




RECOMMENDATION


1) Reconsider its decision of 22 January 2020 and approve the development and operation of a Child Care Premises at Lot 5 (No.152) Cranleigh Street, Dayton, subject to the following conditions:

1. The approved development must comply in all respects with the attached approved plans, as dated, marked and stamped, together with any requirements and annotations detailed thereon by the City of Swan. The plans approved as part of this application form part of the development approval issued.

2. The hours of operation of the child care premises are between 6.30am and 6pm Monday to Friday.

3. The use of the outdoor play area is restricted to a maximum of 40 children in the north eastern play area for a period of 24 minutes at any one given time. The number of children shall be limited to 20 kindy children and 20 pre kindy children. A maximum of 12 infants using the front lay area is permitted.

4. Prior to commencement of operations of the Child Care Premises the applicant/owner is to install colourbond fencing to the northern, eastern and western lot boundaries to the following specifications:

(i) to a height of 1.8 metres above ground level;

(ii) no gaps in the surface; and


(iii) with a surface mass of at least 8Kg/m2.


6. Refuse bin areas adequate to service the development must be provided to the satisfaction of the City of Swan prior to occupation or use of development. A Refuse Plan shall be submitted to the City and approved prior to the issue of a building permit.

7. Prior to a building permit being issued a detailed landscaping plan shall be submitted to the City, approved and installed prior to operation of the business. The landscaping plan shall demonstrate but not be limited to:

• Small, medium and large sized flora;

• Location of areas of lawn and garden beds;

• Location of all permanent outdoor play equipment;

• Location of acoustics barriers in relation to the proposed vegetation; and

• Bicycle parking racks/locations

8. Twenty vehicle parking bays must be provided on the lot in accordance with the approved plans. The design of vehicle parking and access must comply with AS/NZ 2890.1 (as amended). Accessible parking bays must comply with AS/NZ 2890.6 (as amended)

9. Vehicle parking, access and circulation areas must be sealed, kerbed, drained and maintained to the satisfaction of the City of Swan, in accordance with the approved plans.

10. Prior to a building permit being issued, stormwater disposal plans, details and calculations must be submitted for approval by the City of Swan and thereafter implemented, constructed and maintained on-site to the satisfaction of the City of Swan.

2) Advise the applicant/owner of the resolution of Council

3) Advise those that lodged a submission of the Council's decision accordingly.



1. Uphold the refusal of the approval of the Child Care Premises at Lot 5 (152) Cranleigh St in Dayton.


1) The approval of a childcare centre on this site will affect the amenity of many neighbouring residences particularly in respect of the noise of children playing and interacting, that cannot effectively be controlled.

2) The application does not meet the objectives of the Local Planning Scheme, specifically 4.2.8 (c and d) of the Residential Development Zone.

3) The car parking as provided for in the submitted plans do not meet Australian Standards for car parking and it has not been demonstrated how this can be achieved, given the limited lot size.

4) There is no provision in the plans for an impact barrier along the Eastern edge of the car parking that would provide adequate protection for the neighbouring properties external walls. The implementation of which would further restrict the available space for parking.

5) The Operation Management Plan places impractical and non-achievable conditions on the noise control of children within the care of the centre.

6) The allocation of outdoor play space provided for is not compliant with the National Government Guidelines of 7sqm of outdoor space per child.

7) The traffic management plan is not current given the approval by JDAP of a shopping precinct nearby that will have a considerable impact on traffic flow in the area.

8) The traffic modelling was done at a time when there was no ‘fly-over’ along Arthur St and this will impact the results of the traffic modelling.

9) It is likely there will be traffic congestion caused by the Access and egress to/from the site around the drop off and pick up times - particularly due to changed conditions in the area.

(Cr Kiely – Cr Catalano)


RESOLVED (8/7) TO:

1. Uphold the refusal of the approval of the Child Care Premises at Lot 5 (152) Cranleigh St in Dayton.

(Cr Kiely – Cr Catalano)

For: Crs Catalano, Congerton, Kiely, Johnson, Predovnik, Richardson, Scanlan and Zannino Against: Crs Bailey, Henderson, Jones, Lucas, McCullough, McNamara and Parry


3.11 STATE ADMINISTRATIVE TRIBUNAL - RECONSIDERATION OF REFUSAL OF SIX (6) SECURITY POLES AND ASSOCIATED INFRASTRUCTURE - LOT 206 (NO.136) SWAN STREET, GUILDFORD (DA032-20)

Ward: Midland/Guildford) (Statutory Planning)



Cr Lucas declared a financial interest in item 3.11 - State Administrative Tribunal - Reconsideration of Refusal of Six (6) Security Poles and Associated Infrastructure - Lot 206 (No.136) Swan Street, Guildford (DA032-20) as he has had business dealings with the owner and left the Chamber at 7.05pm.

Cr Congerton declared an impartiality interest in item 3.11 - State Administrative Tribunal - Reconsideration of Refusal of Six (6) Security Poles and Associated Infrastructure - Lot 206 (No.136) Swan Street, Guildford (DA032-20) as Dynamic Planning has worked as a consultant for one of his companies.

Cr Kiely declared an impartiality interest in item 3.11 - State Administrative Tribunal - Reconsideration of Refusal of Six (6) Security Poles and Associated Infrastructure - Lot 206 (No.136) Swan Street, Guildford (DA032-20) as he is an executive of the Guildford Association and may have contributed to a submission in relation to this.

Cr Lucas declared a financial interest in item 3.11 - State Administrative Tribunal - Reconsideration of Refusal of Six (6) Security Poles and Associated Infrastructure - Lot 206 (No.136) Swan Street, Guildford (DA032-20) as he has had business dealings with the owner.


RECOMMENDATION


1) Reconsider its decision of 6 May 2020 and grant development approval for the Six (6) Security Poles and Associated Infrastructure to be located at Lot 206 (No.136) Swan Street, Guildford subject to conditions:

1. The approval is valid for a period of two (2) years from the date of the approval. Following the expiration of this period, the security poles and associated infrastructure will be removed from the lot unless further development approval is sought and granted by the City.

2. The approved security poles and associated infrastructure are to comply in all respects with the attached approved plans, as dated, marked and stamped, together with any requirement and annotations detailed thereon by the City of Swan. The plans approved as part of this application form part of the development approval issued.

3. Security Poles 1-6 are to be painted "Woodland Grey" or a similar colour to the satisfaction of the City of Swan within 90 days of the date of determination of this application.

4. Pole 3 is to be a reduced to a maximum height of 3m inclusive of the attachments (cameras/lights/speakers).

5. An amended landscaping plan must be submitted to the City for approval within 30 days from the date of issue of the Planning approval; and all landscaping must be completed in accordance with the approved detailed landscape plan, prior to the occupation of the dwelling.

The amended landscaping plan shall include that the:

(i) Acer Palmatum (Japanese Maple) is to be replaced as they are one of the “species to be avoided in the City of Swan” list (7.3 of the City of Swan Urban Forest Canopy Guidelines).

6. External lighting shall comply with the requirements of AS 4282 – Control of the Obtrusive Effects of Outdoor lighting.

7. Security cameras are to be installed in accordance with the Surveillance Devices Act 1998.





3) Advise all those that lodged a submission of the Council's decision.


1. Reconsider its decision of 6 May 2020 and grant development approval for the Six (6) Security Poles and Associated Infrastructure to be located at Lot 206 No.136) Swan Street, Guildford subject to conditions: a. The approval is valid for a period of two (2) years from the date of the

approval. Following the expiration of this period, the security poles and associated infrastructure will be removed from the lot unless further development approval is sought and granted by the City.

b. The approved security poles and associated infrastructure are to comply in all respects with the attached approved plans, as dated, marked and stamped, together with any requirement and annotations detailed thereon by the City of Swan. The plans approved as part of this application form part of the development approval issued.

c. Security Poles 1-6 are to be painted "Woodland Grey" or a similar colour to the satisfaction of the City of Swan within 90 days of the date of determination of this application.

d. The poles and security system be amended as follows: i. All pole heights to be a maximum height of 2.5 metres inclusive of

the attachments (cameras and lights). ii. That only infrared lighting be used on security poles No 1, 2, 4, 5 and

6. iii. That no security loudspeakers be used on the poles or anywhere else

external to the house. iv. That the PTZ security cameras have a surrounding cover that blocks

the cameras from looking onto neighbouring properties and Stirling Square and the flood plain.


e. An amended landscaping plan must be submitted to the City for approval within 30 days from the date of issue of the Planning approval; and all landscaping must be completed in accordance with the approved detailed landscape plan, prior to the occupation of the dwelling.

f. The amended landscaping plan shall include that the:

i. Acer Palmatum (Japanese Maple) is to be replaced as they are one of the “species to be avoided in the City of Swan” list (7.3 of the City of Swan Urban Forest Canopy Guidelines).

g. External lighting shall comply with the requirements of AS 4282 – Control

of the Obtrusive Effects of Outdoor lighting.

h. Security cameras are to be installed in accordance with the Surveillance Devices Act 1998.

i. All building works to be carried out under this development approval are required to be contained within the boundaries of the subject lot.

j. Any additional development, which is not in accordance with the application (the subject of this approval) or any condition of approval, will require further approval of the City.

2. Advise the applicant/owner of the resolution of Council.

3. Advise all those that lodged a submission of the Council's decision.


a. LPS 17 at page 182 provides exempted development criteria of no more than 2.5 metres for outdoor lighting and supporting poles. While poles greater than 2.5 metres are capable of approval, 2.5 metres appears to be an indicative reasonable height for a light pole in a residential area.

b. The lights at 6,600 lumens are too bright for use in a residential neighbourhood and will impact on the amenity of surrounding homes (a traditional 100 watt light globe is equivalent to 1450 lumens). Security illumination for cameras can be provided using infrared light which is not visible. Pole 3 is a work light.

c. Loudspeakers of over 100 decibel power used to warn intruders at night will also impact on the amenity of surrounding homes. 100 decibels is far louder than the aircraft flying over Guildford.


d. The only way to ensure that the PTZ cameras do not intrude on the privacy of

residential properties is to block their view with a fixed cover.

(Cr Johnson – Cr Richardson)


That the 2 poles at the rear of the property be removed from the proposal; recommendation 1 be reworded as follows:

"Reconsider its decision of 6 May 2020 and grant development approval for four (4) Security Poles and Associated Infrastructure (removing the rear 2 poles from the proposal) to be located at Lot 206 No.136) Swan Street, Guildford subject to conditions:"

(Cr Kiely - Cr Scanlan)


Remove the 2 poles at the rear of the property from the proposal, and reword recommendation 1 as follows:

"Reconsider its decision of 6 May 2020 and grant development approval for four (4) Security Poles and Associated Infrastructure (removing the rear 2 poles from the proposal) to be located at Lot 206 No.136) Swan Street, Guildford subject to conditions:" THE AMENDMENT BECAME PART OF THE SUBSTANTIVE MOTION


1. Reconsider its decision of 6 May 2020 and grant development approval for four (4) Security Poles and Associated Infrastructure (removing the rear 2 poles from the proposal) to be located at Lot 206 No.136) Swan Street, Guildford subject to conditions: a. The approval is valid for a period of two (2) years from the date of the

approval. Following the expiration of this period, the security poles and associated infrastructure will be removed from the lot unless further development approval is sought and granted by the City.


b. The approved security poles and associated infrastructure are to comply in all respects with the attached approved plans, as dated, marked and stamped, together with any requirement and annotations detailed thereon by the City of Swan. The plans approved as part of this application form part of the development approval issued.

c. Security Poles 1-6 are to be painted "Woodland Grey" or a similar colour to the satisfaction of the City of Swan within 90 days of the date of determination of this application.

d. The poles and security system be amended as follows:

i. All pole heights to be a maximum height of 2.5 metres inclusive of the attachments (cameras and lights).

ii. That only infrared lighting be used on security poles No 1, 2, 4, 5 and 6.

iii. That no security loudspeakers be used on the poles or anywhere else external to the house.

iv. That the PTZ security cameras have a surrounding cover that blocks the cameras from looking onto neighbouring properties and Stirling Square and the flood plain.

e. An amended landscaping plan must be submitted to the City for approval

within 30 days from the date of issue of the Planning approval; and all landscaping must be completed in accordance with the approved detailed landscape plan, prior to the occupation of the dwelling.

f. The amended landscaping plan shall include that the:

i. Acer Palmatum (Japanese Maple) is to be replaced as they are one of

the “species to be avoided in the City of Swan” list (7.3 of the City of Swan Urban Forest Canopy Guidelines).

g. External lighting shall comply with the requirements of AS 4282 –

Control of the Obtrusive Effects of Outdoor lighting. h. Security cameras are to be installed in accordance with the Surveillance

Devices Act 1998. i. All building works to be carried out under this development approval are

required to be contained within the boundaries of the subject lot.


j. Any additional development, which is not in accordance with the application (the subject of this approval) or any condition of approval, will require further approval of the City.

2. Advise the applicant/owner of the resolution of Council. 3. Advise all those that lodged a submission of the Council's decision. THE SUBSTANTIVE MOTION WAS PUT TO THE VOTE WHICH RESULTED IN AN EQUALITY OF VOTES (7/7)

For: Crs Catalano, Kiely, Johnson, Predovnik, Richardson, Scanlan and Zannino Against: Crs Bailey, Congerton, Henderson, Jones, McCullough, McNamara and Parry

THE PRESIDING MEMBER EXERCISED HIS CASTING VOTE AND VOTED AGAINST THE MOTION

THE MOTION WAS THEREFORE LOST (7/8)

Cr Parry left the Chamber at 7.09pm and returned at 7.10pm Mr Jim Coten left the Chamber at 7.13pm and returned at 7.14pm


Refuse the application for Six (6) Security Poles and Associated Infrastructure to be located at Lot 206 (No.136) Swan Street, Guildford for the following reasons:

1. The proposed security poles are considered to have an adverse visual impact on the streetscape of Swan Street and on the riverine landscape of the abutting foreshore of the Swan River.

2. The proposed security infrastructure that is the purpose for the erection of the poles - being the lighting, audio devices and cameras - are considered to present an adverse impact to the amenity of adjoining properties.

3. The Department of Biodiversity, Conservation and Attractions (DBCA) is unable to support the location or height of security Poles 4-6 as they do not meet the general objectives of Policy No.42 – Planning for Land Use, Development and Permitting Affecting the Swan Canning Development Control Area and Policy No.48 - Planning for Development Setback Requirements Affecting the Swan Canning Development Control Area.

(Cr Kiely – Cr Scanlan)



For: Crs Catalano, Kiely, Johnson, Predovnik, Richardson and Scanlan Against: Crs Bailey, Congerton, Henderson, Jones, McCullough, McNamara, Parry and Zannino

MOTION that the Council resolve to adopt the officer recommendation.

(Cr McCullough – Cr McNamara)

Debate commenced and the following Councillors spoke to the Motion:

• Cr McCullough

• Cr McNamara

• Cr Scanlan

• Cr Kiely

The Presiding Member sanctioned Cr Kiely from speaking further, according to section 5.1 'Preservation of Order' of the Meeting Procedures Local Law 2019.

MOTION that the ruling to sanction Cr Kiely, of the Presiding Member be disagreed with.

(Cr Johnson)

MEETING ADJOURNED

The Presiding Member ruled against the motion and adjourned the Ordinary Meeting of Council to be reconvened on Wednesday 30 September 2020 at 5.30pm.

MOTION that the ruling to adjourn the meeting, of the Presiding Member be disagreed with.

(Cr Johnson)

The Presiding Member ruled that the meeting has been adjourned and the motion cannot be dealt with.

THE MEETING WAS ADJOURNED AT 7.22PM


MEETING RECONVENED

MINUTES OF THE ORDINARY MEETING OF COUNCIL

HELD AT MIDLAND TOWN HALL

ON WEDNESDAY 30 SEPTEMBER 2020 COMMENCING AT 5.30PM

PART A - OPENING PROCEDURES

1. OPENING AND ANNOUNCEMENT OF VISITORS

The Mayor welcomed those present and opened the meeting at 5.30pm.

2. DISCLAIMER (READ ALOUD BY PRESIDING MEMBER)

The City of Swan disclaims any liability for any loss arising from any person or body relying on any statement, discussion, recommendation or decision made during this meeting.

Where an application for an approval, a licence, or the like is considered or determined during this meeting the City warns that neither the applicant nor any other person or body should rely upon that discussion or determination until written notice of either an approval and the conditions which relate to it or the refusal of the application has been issued by the City.

Please note that this meeting is being live streamed. The recording will also be archived and made available on Council's website after the meeting.

If you choose to participate in the meeting during public question time and public statement time it is assumed your consent is given for the audio to be recorded. Please keep your comments respectful to the Council and other members of the community.

Visual images of the public will not be captured.

Conditions of Entry: No electronic, visual or audio recording or transmitting device or instrument is permitted to be used. A person who breaches this provision of the City of Swan Meeting Procedures Local Law 2019 will be required to immediately leave the premises.


3. ATTENDANCE AND APOLOGIES

Councillors: Cr K Bailey Mayor, Pearce Ward (Presiding Member)

Cr D Lucas Deputy Mayor, Altone Ward Cr J Catalano Altone Ward Cr A Kiely Altone Ward Cr I Johnson Midland/Guildford Ward

Cr Predovnik Midland/Guildford Ward Cr C Scanlan Midland/Guildford Ward Cr P Jones Pearce Ward Cr C McCullough Pearce Ward Cr T Richardson Pearce Ward Cr R Henderson Swan Valley/Gidgegannup Ward Cr C Zannino Swan Valley/Gidgegannup Ward Cr M Congerton Whiteman Ward Cr J McNamara Whiteman Ward

Staff: Mr M Foley Chief Executive Officer

Mr M Bishop Executive Manager Community Wellbeing

Mr J Coten Executive Manager Operations Mrs K Leahy Executive Manager Stakeholder

Relations Mr L Van der Linde Executive Manager Planning and

Development Ms A Albrecht Manager Governance and Strategy Mr P Russell Manager Statutory Planning Mrs D Cuming Governance Officer (Minute Clerk)

Leave of Absence: Cr B Parry Whiteman Ward

Apologies: Nil Members of the Public: Nil Media: Nil


4. DECLARATIONS OF FINANCIAL AND PROXIMITY INTERESTS AND INTERESTS AFFECTING IMPARTIALITY

As per the declarations of interest made at the previous meeting held on 23 September 2020.

5. ANNOUNCEMENTS BY THE MAYOR WITHOUT DISCUSSION

Correction of Confirmation of Minutes

The minutes of the Special meeting of Council 24 August 2020 were confirmed at the commencement of this meeting on 23 September 2020, however staff have identified a correction that needs to be made:

The final vote of item 9 was incorrect and should read as follows:

For: Crs Catalano, Johnson, Kiely, McNamara, Predovnik, Richardson, Scanlan and Zannino Against: Crs Bailey, Congerton, Henderson, Jones, Lucas, McCullough and Parry

RESOLVED UNANIMOUSLY that the Minutes of the Special Meeting of Council held on 24 August 2020 be re-confirmed with the following amendments:

The final vote of item 9 to read as follows:

For: Crs Catalano, Johnson, Kiely, McNamara, Predovnik, Richardson, Scanlan and Zannino Against: Crs Bailey, Congerton, Henderson, Jones, Lucas, McCullough and Parry

(Cr Lucas – Cr Jones)


3.11 STATE ADMINISTRATIVE TRIBUNAL - RECONSIDERATION OF REFUSAL OF SIX (6) SECURITY POLES AND ASSOCIATED INFRASTRUCTURE - LOT 206 (NO.136) SWAN STREET, GUILDFORD (DA032-20)

Ward: Midland/Guildford) (Statutory Planning)



Cr Lucas declared a financial interest in item 3.11 - State Administrative Tribunal - Reconsideration of Refusal of Six (6) Security Poles and Associated Infrastructure - Lot 206 (No.136) Swan Street, Guildford (DA032-20) as he has had business dealings with the owner and left the Chamber at 5.32pm.

The item reconvened at the point the meeting was adjourned on 23 September 2020.


1) Reconsider its decision of 6 May 2020 and grant development approval for the Six (6) Security Poles and Associated Infrastructure to be located at Lot 206 (No.136) Swan Street, Guildford subject to conditions:

1. The approval is valid for a period of two (2) years from the date of the approval. Following the expiration of this period, the security poles and associated infrastructure will be removed from the lot unless further development approval is sought and granted by the City.

2. The approved security poles and associated infrastructure are to comply in all respects with the attached approved plans, as dated, marked and stamped, together with any requirement and annotations detailed thereon by the City of Swan. The plans approved as part of this application form part of the development approval issued.

3. Security Poles 1-6 are to be painted "Woodland Grey" or a similar colour to the satisfaction of the City of Swan within 90 days of the date of determination of this application.


4. Pole 3 is to be a reduced to a maximum height of 3m inclusive of the attachments (cameras/lights/speakers).

5. An amended landscaping plan must be submitted to the City for approval within 30 days from the date of issue of the Planning approval; and all landscaping must be completed in accordance with the approved detailed landscape plan, prior to the occupation of the dwelling.

The amended landscaping plan shall include that the:

(i) Acer Palmatum (Japanese Maple) is to be replaced as they are one of the “species to be avoided in the City of Swan” list (7.3 of the City of Swan Urban Forest Canopy Guidelines).

6. External lighting shall comply with the requirements of AS 4282 – Control of the Obtrusive Effects of Outdoor lighting.

7. Security cameras are to be installed in accordance with the Surveillance Devices Act 1998.




3) Advise all those that lodged a submission of the Council's decision.

(Cr McCullough – Cr McNamara)


For: Crs Bailey, Congerton, Jones, Henderson and McCullough Against: Crs Catalano, Johnson, Kiely, McNamara, Predovnik, Richardson, Scanlan and Zannino


Cr Lucas returned to the Chamber at 5.38pm

3.8 ADOPTION OF MORRISON ROAD LOCAL AREA PLAN

Ward: (Midland/Guildford Ward) (Strategic Planning)


RECOMMENDATION


1) Adopt the advertised draft Morrison Road West Local Development Plan, without modifications, under Schedule 2, Part 6, Clause 52 of the Local Planning and Development (Local Planning Schemes) Regulations 2015.

2) Request staff to obtain permission from the owners of Lot 100 (No.20–22) Morrison Road and Lot 72 (No.30), Lot 5 (No.32), Lot 4 (No.34), Lot 3 (No.36), Lot 2 (No.38), Lot 1 (No.2), Lot 2 (No.2a), Lot 67 (No.4-6), Lot 68 (No.8), Lot 69 (No.22) and Lot 70 (No.24) Byers Road, Midland to undertake a heritage assessment of their property.

3) Subject to the owner’s consent, have the properties assessed by a heritage consultant to be appointed through the City’s procurement process.


1. Defer the adoption of the Morrison Road Local Development Plan until the City has requested permission to conduct a heritage assessment, and where permission has been given, to conduct the heritage assessment of the properties previously agreed to be assessed as follows: Lot 100 (No.20–22) Morrison Road and Lot 72 (No.30), Lot 5 (No.32), Lot 4 (No.34), Lot 3 (No.36), Lot 2 (No.38), Lot 1 (No.2), Lot 2 (No.2a), Lot 67 (No.4-6), Lot 68 (No.8), Lot 69 (No.22) and Lot 70 (No.24) Byers Road, Midland.


The development plan may need to change as a result of the heritage assessment.



RESOLVED (8/6) TO:

1. Defer the adoption of the Morrison Road Local Development Plan until the City has requested permission to conduct a heritage assessment, and where permission has been given, to conduct the heritage assessment of the properties previously agreed to be assessed as follows: Lot 100 (No.20–22) Morrison Road and Lot 72 (No.30), Lot 5 (No.32), Lot 4 (No.34), Lot 3 (No.36), Lot 2 (No.38), Lot 1 (No.2), Lot 2 (No.2a), Lot 67 (No.4-6), Lot 68 (No.8), Lot 69 (No.22) and Lot 70 (No.24) Byers Road, Midland.


For: Crs Catalano, Congerton, Jones, Johnson, Kiely, Predovnik, Richardson and Scanlan Against: Crs Bailey, Henderson, Lucas, McCullough, McNamara and Zannino


4.1 RENAMING A SECTION OF LIBERTE CRESCENT BASKERVILLE

Ward: (Swan Valley/Gidgegannup Ward) (Information Services)



Mrs Kym Leahy declared an interest affecting impartiality in item 4.1 - Renaming a section of Liberte Crescent Baskerville as family members signed the petition.

RECOMMENDATION


1) Reject the proposal to rename a portion of Liberte Crescent, Baskerville.

2) Keep the name Liberte Crescent as approved by The Minister for Lands.


1) Propose the name Catchem Corner.

2) The road name change will run from Marron Rise to Swannell Trail.

3) Submit the name Catchem Corner to Landgate, noting the name’s non compliance with the Australian Standards and Landgate naming guidelines.


1. There is no accent over the word resulting in mispronunciation of the name.

2. To minimise problems with emergency services identifying the street.

3. Naming is in accord with other marine animal street names in the area.

(Cr Henderson – Cr Zannino)



1) Propose the name Catchem Corner.

2) The road name change will run from Marron Rise to Swannell Trail.

3) Submit the name Catchem Corner to Landgate, noting the name’s non-compliance with the Australian Standards and Landgate naming guidelines.



4.3 CLOSURE OF MARALLA ROAD, BULLSBROOK

Ward: (Pearce Ward) (Asset Management)



RECOMMENDATION


1) Note previous investigation and public advertising relating to the proposed closure of Maralla Road, Bullsbrook;

2) Not undertake further investigation into the closure in the short term; and,

3) Note consideration of the future closure of Maralla Road east of the railway line in conjunction with long-term planning for an east-west connection north of Maralla Road from Great Northern Highway to Tonkin Highway.



2) Not undertake further investigation into the closure in the short term;

3) Note consideration of the future closure of Maralla Road east of the railway line in conjunction with long-term planning for an east-west connection north of Maralla Road from Great Northern Highway to Tonkin Highway; and

4) Request the CEO to provide a report to a future meeting of Council on options for improving the long term safety at the intersection of Maralla Road and Railway Parade, including consideration of the rail crossing.


To allow Council the opportunity to consider the options for upgrading the intersection and making it safe.



RESOLVED (12/2) TO:


2) Not undertake further investigation into the closure in the short term;

3) Note consideration of the future closure of Maralla Road east of the railway line in conjunction with long-term planning for an east-west connection north of Maralla Road from Great Northern Highway to Tonkin Highway; and

4) Request the CEO to provide a report to a future meeting of Council on options for improving the long term safety at the intersection of Maralla Road and Railway Parade, including consideration of the rail crossing.


For: Crs Bailey, Catalano, Congerton, Johnson, Hones, Kiely, Lucas, McNamara, Predovnik, Richardson Scanlan and Zannino Against: Crs Henderson and McCullough


4.5 DEVELOPMENT WA - HANDOVER OF CAPITAL PROJECTS




RECOMMENDATION


1) Authorise the CEO to enter into an agreement with Development WA to accept handover of the capital projects as outlined in the attached proposal, and associated funding of $2,287,000.

2) Advise Development WA accordingly.


1. Not accept the handover of the Workshops Avenue and Lot 797 Clayton Street (WA Police) district drainage upgrade capital projects.

2. Return the remaining funding for the Workshops Avenue project to Main

Roads WA with a recommendation that the road not be constructed. 3. Authorise the CEO to enter into an agreement with Development WA to

accept handover of the following capital projects as outlined in the attached proposal, and associated funding of $1,457,000:

a. Lot 1 Water Tank Way (Water Tank Park)

4. Advise Development WA accordingly. Reasons for changing the officer’s recommendation:

a. The prosed alignment of Workshops Avenue i. will have a serious detrimental environmental impact on the Helena

River Flood Plain ii. will destroy many large and old growth flooded gums that provide

habitat for wild life iii. has not been assessed for its impact on aboriginal heritage


b. No traffic study has been done that has justified the need for this road.

c. The Lot 797 Clayton Street (WA Police) district drainage upgrade cannot go

ahead without Workshops Avenue. (Cr Johnson – Cr Scanlan)


For: Crs Catalano, Johnson, Kiley, Richardson and Scanlan Against: Crs Bailey, Congerton, Henderson, Jones, Lucas, McCullough, McNamara, Predovnik and Zannino


1) Defer making a decision on entering into an agreement with Development WA to accept handover of the capital projects as outlined in the attached proposal, and associated funding of $2,287,000 until Council has briefing that includes the costings, design, environmental impacts, heritage assessments and traffic management associated with these projects.


To ensure Council more fully understands the challenges and benefits of accepting or rejecting responsibility for these proposed projects.

(Cr Predovnik – Cr Scanlan)


1) Defer making a decision on entering into an agreement with Development WA to accept handover of the capital projects as outlined in the attached proposal, and associated funding of $2,287,000 until Council has briefing that includes the costings, design, environmental impacts, heritage assessments and traffic management associated with these projects.

(Cr Predovnik – Cr Scanlan)


4.7 FENCING WORKS AT PERCY CULLEN OVAL, GIDGEGANNUP

Ward: (Swan Valley/Gidgegannup Ward) (Project Management)



RECOMMENDATION


1) Endorse the removal of the access gate to Percy Cullen oval to improve public access to the site;

2) Note planned works to improve security; and

3) Advise the Gidgegannup Recreation Club accordingly.

MOTION that the Council resolve:

1) The locked gate to Percy Cullen Oval be retained.

2) Request the Gidgegannup Recreation Club to implement a system whereby approved users hold keys and sign for them.

3) Gate keys to be made available by the Gidgegannup Recreation Club for others to gain access on an ad hoc basis and being required to -

a) show identification

b) sign for a key

c) provide a contact phone number

d) be responsible for the use of the key and to return it within a reasonable timeframe

4) A register to be retained by the Gidgegannup Recreation Club of those taking a key as detailed in (3).

5) Residents to be advise of access to the oval through regular notices in the Gidgegram or other local media.

6) A sign to be posted on the gate:

a) advising where a key can be obtained.


b) reminding users to note if there are others at the oval and to lock the gate if they are the last out.

c) a phone number to call should anyone be inadvertently locked in.


To minimise the risk of vandalism to the facility, outdoor gymnasium equipment, damage to the oval by hooning activates and rubbish being dumped in the bush reserve.



1) The locked gate to Percy Cullen Oval be retained.

2) Request the Gidgegannup Recreation Club to implement a system whereby approved users hold keys and sign for them.

3) Gate keys to be made available by the Gidgegannup Recreation Club for others to gain access on an ad hoc basis and being required to -

a) show identification

b) sign for a key

c) provide a contact phone number

d) be responsible for the use of the key and to return it within a reasonable timeframe

4) A register to be retained by the Gidgegannup Recreation Club of those taking a key as detailed in (3).

5) Residents to be advise of access to the oval through regular notices in the Gidgegram or other local media.

6) A sign to be posted on the gate:

a) advising where a key can be obtained.

b) reminding users to note if there are others at the oval and to lock the gate if they are the last out.

c) a phone number to call should anyone be inadvertently locked in.



CITY of SWAN

ORDINARY COUNCIL

MEETING

PART C

OTHER BUSINESS

AND CLOSING PROCEDURES

23 SEPTEMBER 2020


PART C - OTHER BUSINESS AND CLOSING PROCEDURES

1. MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN

1.1 CR PARRY - METRONET: HENLEY BROOK STATION

Ward: (Swan Valley/Gidgegannup and Whiteman Ward) (Statutory Planning)



The motion lapsed in the absence of Councillor Parry.

Councillor Parry submitted the following Notice of Motion:


1) Direct the CEO to write to the Minister for Transport requesting a feasibility study for the establishment of a passenger rail train station to be located in Henley Brook.

Reason for Motion (provided by Councillor Parry)

To ensure that the current and future residents of Morgan Fields and Henley Brook have access to a rail transport system as part of the Metronet roll out following the approved Henley Brook Structure Plan.

OFFICER COMMENT

Whilst Council may request that the CEO write to the Minister for Transport requesting a feasibility study for the establishment of a passenger rail train station to be located in Henley Brook, it should be noted that within information released by METRONET they have not previously indicated a station at Henley Brook. METRONET have indicated that Whiteman Park Station will be opposite Youle-Dean Road, near the entry to Whiteman Park, and this station will serve the communities of Henley Brook, Dayton, West Swan and Brabham.

Planning for the Morley-Ellenbrook Line commenced in 2017 (with the formation of METRONET) with details of the alignment and station locations released in June 2020 following WA Cabinet endorsement of the Project Definition Plan. The


Morley-Ellenbrook Line is proposed to include 21km of rail line from Ellenbrook to Bayswater and will feature five new stations (a future station is allowed for at Bennett Springs East). The stations in closest proximity to the Morgan Fields and Henley Brook areas are the proposed Ellenbrook Station (between 1.5km-4km North) and Whiteman Park Stations (between 2.5km-5km South).


1.2 CR HENDERSON - NORTHLINK ROAD NOISE REPORT

Ward: (Pearce Ward) (Asset Management)



Councillor Henderson submitted the following Notice of Motion:


1) Direct the CEO write to Main Roads WA requesting a copy of the Road Noise Report review being undertaken by a consultant for Mail Roads on the NorthLink road surface noise when it becomes available to them.

2) Make the report publically available for residents to review.

Reason for Motion (provided by Councillor Henderson):

(a) Many residents in Ellenbrook and Bullsbrook have raised concern about the level of noise being generated by the chip-seal on NorthLink

(b) Recent noise level monitoring has been undertaken by Main Roads or their contractor to determine if there has been a reduction of noise with the seal having ‘bedded-in’

(c) Residents want to see the results to determine if the claim is verified that noise levels will reduce substantially over time.

OFFICER COMMENT

Staff can write to Main Roads WA if so resolved by Council.






2. NOTICE OF MOTIONS FOR CONSIDERATION AT THE FOLLOWING MEETING IF GIVEN DURING THE MEETING


3. CONFIDENTIAL ITEMS

RESOLVED UNANIMOUSLY that the Council meet behind closed doors, having regard to the provisions of s.5.23(2)(c) of the Local Government Act 1995.

(Cr Congerton - Cr Jones)

The meeting was closed to the public at 6.26pm.

3.1 ELLENBROOK LEISURE CENTRE

Ward: (Pearce Ward) (Project Management)



REASON FOR CONFIDENTIALITY

This report is CONFIDENTIAL in accordance with section 5.23(2) of the Local Government Act 1995 which permits the meeting to be closed to the public for business relating to the following:

(c) a contract entered into, or which may be entered into, by the local government and which relates to a matter to be discussed at the meeting


3) Determine that Parts 1) and 2) of the resolution be confidential until a Contract has been awarded for construction of the Ellenbrook Leisure Centre.

4) Request the Mayor write to Jess Shaw MLA, member for Swan Hills, the Hon Rita Saffioti MLA Minister for Planning, the Hon Mark McGowan, Premier of WA and the Hon Mick Murray MLA, Minister for Sport and Recreation, seeking an additional commitment from the State Government of $7.338M to address the current funding gap in the project.

(Cr McCullough – Cr Jones)


RESOLVED UNANIMOUSLY that the Council no longer meet behind closed doors.

(Cr Jones – Cr Zannino)

4. CLOSURE

There being no further business, the Presiding Member, Mayor Bailey, thanked those present for their attendance and declared the meeting closed at 6.32pm.

abridged minutes ordinary meeting of council

Documents