agenda - city of armadale · held on 15 june 2020 corporate services committee meeting held on 16...
TRANSCRIPT
ORDINARY MEETING OF COUNCIL
MONDAY, 22 JUNE 2020
AGENDA
C ON T E N T S
AGENDA
REPORTS
DEVELOPMENT SERVICES COMMITTEE MEETING
HELD ON 15 JUNE 2020
CORPORATE SERVICES COMMITTEE MEETING
HELD ON 16 JUNE 2020
CHIEF EXECUTIVE OFFICER’S REPORT
NOTICE OF MEETING
AND AGENDA
CR ______________________________________
PLEASE TAKE NOTICE that the next ORDINARY MEETING OF COUNCIL will be
held in the Council Chambers, Orchard Avenue, Armadale at 7.00pm
MONDAY, 22 JUNE 2020
JOANNE ABBISS
CHIEF EXECUTIVE OFFICER
18 June 2020
1 DECLARATION OF OPENING / ANNOUNCEMENT OF VISITORS
2 RECORD OF ATTENDANCE / APOLOGIES / LEAVE OF ABSENCE
3 ADVICE OF RESPONSE TO PREVIOUS PUBLIC QUESTIONS
TAKEN ON NOTICE
Nil
4 PUBLIC QUESTION TIME
Public Question Time is allocated for the asking of and responding to questions raised by members of the public. Members of the Public are requested to register if they wish to attend this meeting at least 8 hours prior to the commencement by emailing their name and contact number to [email protected] Minimum time to be provided – 15 minutes (unless not required)
Policy and Management Practice EM 6 – Public Question Time has been adopted by
Council to ensure the orderly conduct of Public Question time and a copy of this procedure
can be found at http://www.armadale.wa.gov.au/PolicyManual.
It is also available in the public gallery. The public’s cooperation in this regard will be appreciated.
ORDINARY MEETING 3 22 JUNE 2020
OF COUNCIL
5 APPLICATIONS FOR LEAVE OF ABSENCE
5.1 Request for Leave of Absence – Cr Kerry Busby
Request for leave of absence received from Cr Kerry Busby for the period
Wednesday 1 July 2020 to Sunday 12 July 2020 inclusive.
RECOMMEND
That Council grant leave of absence to Cr Kerry Busby for the period
Wednesday 1 July 2020 to Sunday 12 July 2020 inclusive. (does not
include an Ordinary Meeting of Council).
6 PETITIONS
7 CONFIRMATION OF MINUTES
7.1 PREVIOUS ORDINARY COUNCIL MEETING
HELD ON 8 JUNE 2020. ..................................................................... (ATTACHED)
8 ANNOUNCEMENTS BY THE PERSON PRESIDING WITHOUT
DISCUSSION
9 QUESTIONS BY MEMBERS OF WHICH DUE NOTICE HAS BEEN
GIVEN – WITHOUT DISCUSSION
Nil
10 REPORTS
10.1 DEVELOPMENT SERVICES COMMITTEE MEETING
Report of the Development Services Committee held on 15 June
2020. ...................................................................................................... 5
BUSINESS ARISING FROM REPORT
10.2 CORPORATE SERVICES COMMITTEE MEETING
Report of the Corporate Services Committee held on 16 June 2020. . 77
BUSINESS ARISING FROM REPORT
ORDINARY MEETING 4 22 JUNE 2020
OF COUNCIL
10.3 CHIEF EXECUTIVE OFFICER’S REPORT
Report of the Chief Executive Officer . ............................................ 107
BUSINESS ARISING FROM REPORT
11 MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN
Nil
12 URGENT BUSINESS APPROVED BY THE PERSON PRESIDING OR
BY DECISION
13 MATTERS FOR REFERRAL TO STANDING COMMITTEES –
WITHOUT DISCUSSION
14 MATTERS REQUIRING CONFIDENTIAL CONSIDERATION
15 CLOSURE
CITY OF ARMADALE
MINUTES
OF DEVELOPMENT SERVICES COMMITTEE HELD IN THE FUNCTION ROOM,
ADMINISTRATION CENTRE, 7 ORCHARD AVENUE, ARMADALE ON MONDAY, 15
JUNE 2020 AT 7.00PM.
PRESENT: Cr D M Shaw (Chair)
Cr C M Wielinga (Deputy Chair)
Cr R Butterfield
Cr C Frost
Cr J Munn CMC
Cr M S Northcott
Cr G J Smith
APOLOGIES: Nil
OBSERVERS: Cr G Nixon via MS Teams
Cr S Peter via MS Teams
Cr H Jones via MS Teams
IN ATTENDANCE: Mr P Sanders Executive Director Development Services
Ms J Abbiss Chief Executive Officer
Ms L Jarosz Executive Assistant Community Services
Mr J Lyon Executive Director Corporate Services via MS Teams
PUBLIC: 8
“For details of Councillor Membership on this Committee, please refer to the City’s website
– www.armadale.wa.gov.au/your council/councillors.”
DEVELOPMENT SERVICES 6 15 JUNE 2020
COMMITTEE COUNCIL MEETING 22 JUNE 2020
DISCLAIMER
As there were Members of the public present, the Disclaimer for protecting Councillors and
staff from liability of information and advice given at Committee meetings was read.
DECLARATION OF MEMBERS’ INTERESTS
Cr Butterfield
Proposed Local Planning Policy Pln 4.1 The design of Industrial Estates
Cr Shaw
Panel of Pre –Qualified Suppliers PPS/2/20 for Design Review Panel
QUESTION TIME – 7.17PM
Mr Mervyn Krugar - 2 Armstrong Road, Kelmscott
1. Regarding access to Armstrong Road, as traffic increases, how will the traffic be
managed?
The Chair advised that Brookton Highway is a Primary Regional Road managed by
Main Roads WA, and that extensive modelling would have taken place already to
ensure they are satisfied with the traffic management.
2. If there is a need to widen the road, how close will this come toward Buckingham
Cottage and my property?
The Chair advised that if there was a need to widen Armstrong Road that it would need
to be widened on the landowners side and therefore not impact Mr Krugar’s property.
The Committee also advised that the draft design considered by Main Roads WA was
included in the attachments.
PUBLIC QUESTION TIME CLOSED AT 7.19PM
DEVELOPMENT SERVICES 7 15 JUNE 2020
COMMITTEE COUNCIL MEETING 22 JUNE 2020
DEPUTATION
Item 1.1 - Proposed Place of Worship at No.31 Armstrong Road, Kelmscott (8893)
Mr Jeremy Hofland (Senior Planner, Rowe Group) addressed the Committee at 7.02pm and
provided the following main comments -
Advised that the Armadale Gospel Trust as the applicant supports the recommendation
for approval and does not oppose any of the recommended approval conditions
Gave a background to the Armadale Gospel Trust and links to the local community
Advised the following key aspects of the proposal and associated benefits including:
- No complaints regarding their other operations in the City
- 163 car parking bays and an understanding of the potential impacts
- Once constructed, the church is prepared to make available for emergency
bushfire
- 40-50m separation to the nearest property
Upgrading and construction of Armstrong Road;
- Upgrading of the Armstrong Road/Brookton Highway intersection;
- Satisfies objectives and relevant provisions from the City’s LPS4;
- Positioning of the building on site, in conjunction with existing and proposed
vegetation, to limit visibility of the development from public vantage points;
Committee discussed the above comments and asked questions in relation to the proposed
place of worship at no. 31 Armstrong Road, Kelmscott.
Chair thanked Mr Hofland for his attendance.
Deputation retired at 7.16pm
CONFIRMATION OF MINUTES
RECOMMEND
Minutes of the Development Services Committee Meeting held on 19 May 2020 be
confirmed.
Moved Cr J H Munn
MOTION CARRIED (7/0)
DEVELOPMENT SERVICES 8 15 JUNE 2020
COMMITTEE COUNCIL MEETING 22 JUNE 2020
ITEMS REFERRED FROM INFORMATION BULLETIN - ISSUE 9 - MAY 2020
Outstanding Matters & Information Items
Report on Outstanding Matters - Development Services Committee
Review before the State Administrative Tribunal (SAT)
Health
Health Services Manager’s Report - May 2020
Planning
Planning Applications Report - May 2020
Town Planning Scheme No.4 - Amendment Action Table
Subdivision Applications - WAPC Approvals/Refusals - May 2020
Subdivision Applications - Report on Lots Registered for 2019/2020
Compliance Officer’s Report - May 2020
Building
Building Services Manager’s Report - May 2020
Building Health/Compliance Officer’s Report - May 2020
Committee noted the information and no further items were raised for discussion and/or further
report purposes.
CONTENTS
DEVELOPMENT SERVICES COMMITTEE
15 JUNE 2020
1. DEVELOPMENT
1.1 DEVELOPMENT APPLICATION - PROPOSED PLACE OF WORSHIP - LOT 201
(NO.31) ARMSTRONG ROAD, KELMSCOTT ...........................................................................10
2. STRATEGIC PLANNING
2.1 STRUCTURE PLAN RECOMMENDATION TO WAPC - LOT 9006 REILLY ROAD
AND LOT 9005 WRIGHT ROAD, HARRISDALE ...................................................................... 34
2.2 PROPOSED LOCAL PLANNING POLICY PLN 4.1 THE DESIGN OF
INDUSTRIAL ESTATES ...............................................................................................................51
3. SCHEME AMENDMENTS & STRUCTURE PLANS
3.1 AMENDMENT NO.113 TO TPS 4 - REZONING LOT 3 ARMADALE RD & LOT
301 ANSTEY RD FORRESTDALE FROM URBAN DEVELOPMENT ZONE TO
LOCAL CENTRE ZONE ...............................................................................................................57
4. MISCELLANEOUS
4.1 PANEL OF PRE-QUALIFIED SUPPLIERS PPS/2/20 FOR DESIGN REVIEW
PANEL ............................................................................................................................................70
5. COUNCILLORS’ ITEMS
NIL ............................................................................................................................................................ 73
6. EXECUTIVE DIRECTOR DEVELOPMENT SERVICES REPORT
6.1 WALGA PERFORMANCE MONITORING REPORT - 2018/19 REPORT ................................ 74
6.2 DWA – NORMALISATION APPROACHES ...............................................................................70
SUMMARY OF ATTACHMENTS ....................................................................................................... 76
DEVELOPMENT SERVICES 10 15 JUNE 2020
COMMITTEE – Development COUNCIL MEETING 22 JUNE 2020
DEVELOPMENT SERVICES 11 15 JUNE 2020
COMMITTEE – Development COUNCIL MEETING 22 JUNE 2020
1.1 - DEVELOPMENT APPLICATION - PROPOSED PLACE OF WORSHIP - LOT 201
(NO.31) ARMSTRONG ROAD, KELMSCOTT
WARD
: RIVER In Brief:
The City received an application for Place
of Worship at Lot 201 No. 31 Armstrong
Road Kelmscott on 01/20/2018.
Place of Worship is a discretionary A use
in the City’s Rural Living zone
The application was advertised for a
period of 3 weeks. A total of 121
submissions were received, 101 objecting
to the proposal.
The significant issues raised during the
application assessment relate to transport
and access, environmental impact, noise,
bushfire, visual impact and siting.
It is considered that the applicant has
sufficiently demonstrated the capability
for reasonable and acceptable outcomes in
these aspects. It is therefore considered
that the proposal is compliant with the
requirements and objectives of the City’s
Town Planning Scheme No.4.
Recommend that the Council
conditionally approve the application
subject to appropriate conditions.
As the proposal adjoins the management
waters of the Swan River Trust dual
determination by the WAPC.
FILE No.
: - M/220/19
APPLN NO.
: 10.2018.297.1
DATE
: 27 May 2020
REF
: CV
RESPONSIBLE
MANAGER
: EDDS
APPLICANT
: Rowe Group Pty Ltd
LANDOWNER
: Ray Sprigg, Michael
Bloomfield, Arthur
Baker, David Wallis &
Jonathan Jackson
SUBJECT LAND
: Property size 4.4 ha
ZONING
MRS /
TPS No.4
:
:
Rural
Rural Living 2
Tabled Items
Nil.
Decision Type
☐ Legislative The decision relates to general local government legislative functions such as
adopting/changing local laws, town planning schemes, rates exemptions, City
policies and delegations etc.
☐ Executive The decision relates to the direction setting and oversight role of Council.
☒Quasi-judicial The decision directly affects a person’s rights or interests and requires
Councillors at the time of making the decision to adhere to the principles of
natural justice.
Officer Interest Declaration
Nil.
DEVELOPMENT SERVICES 12 15 JUNE 2020
COMMITTEE – Development COUNCIL MEETING 22 JUNE 2020
DEVELOPMENT SERVICES 13 15 JUNE 2020
COMMITTEE – Development COUNCIL MEETING 22 JUNE 2020
Strategic Implications
2.3 Diverse and attractive development that is integrated with the distinctive character of
the City.
2.3.1 Provide supportive planning and development guidance and liaison on major
land developments
2.4 Attractive and user-friendly streetscapes and open spaces
2.4.1 Implement townscape, streetscape and parkland improvements to enhance the
distinctive character of the City.
Legislation Implications
Planning and Development Act 2005
Swan and Canning Rivers Management Act 2006
Town Planning Scheme (TPS) No.4
Local Planning Strategy 2016
Metropolitan Region Scheme
Council Policy/Local Law Implications
PLN 2.5 Erosion Preventions & Sediment Control
PLN 2.6 Water Sensitive Design
PLN 2.9 Landscaping
Budget/Financial Implications
Nil
Consultation
The application was advertised to the public for a period of three weeks, closing on 18/11/18.
Letters were sent to 405 landowners within 500m of the development site. Advertising was
undertaken in conjunction with the advertising of the nearby Place of Worship application at
No. 182 Brookton Highway Kelmscott to the same radius of properties.
The application was referred to the following state agencies for comment:
- Department of Health (DoH)
- Department of Biodiversity Conservation and Attractions /Swan River Trust - DBCA
- Department of Fire and Emergency Services (DFES)
- Main Roads Western Australia (MRWA)
- Water Corporation
The proposal was also distributed to the City’s Development Control Unit for comment.
BACKGROUND
The subject site is likely to have been a former orchard as fruit trees are evident on the
property. Aerial photographs from 1953 onwards indicate little change to the property since
then. A single house and outbuildings are present on the property adjacent to Armstrong
Road.
The file history indicates that Council granted a development approval in March 2008 for
Holiday Accommodation and Reception Centre uses on the site. The development approval
has expired and was not enacted.
DEVELOPMENT SERVICES 14 15 JUNE 2020
COMMITTEE – Development COUNCIL MEETING 22 JUNE 2020
A subdivision approval was granted by the WAPC (ref 154880) in August 2017 and is valid
until 2020. The subdivision is to create three lots and a public open space reservation
alongside the Canning River. This approval was granted for a period of three years and
expires in August 2020. Simultaneous implementation of the subdivision and this proposed
development would not be viable due to the location of the building.
DETAILS OF PROPOSAL
The subject application proposes the following:
- A Place of Worship building with a floor area of 839m2 and provision for up to 440
attendees (once fortnightly, see attendance and hours of operation below). The building
will be inclusive of required amenities such as bathrooms. No other buildings are
proposed as part of this application.
- A 163 bay car park to service the proposed Place of Worship.
- A grassed temporary overflow car parking area for 55 vehicles is proposed.
- Landscaping within and around the car park area is proposed, including the addition of
nutrient runoff filtration swales.
- Waste disposal is proposed to occur via mains sewer connection.
- Vehicle access is proposed to be via Armstrong Road with two crossovers to service the
site proposed. Upgrades to Armstrong Road and the intersection with Brookton
Highway will be required if the proposed development goes ahead.
- The demolition of the existing single house and outbuildings is proposed.
The proposed hours of operation and forecast patronage per service numbers for the Place of
Worship.
- Services on Sundays:
o 6:00am-7:00am, Weekly worship service, 30 to 40 patrons;
o 10.00am-12.00pm, Fortnightly worship service, 380 to 440 patrons;
o 4:45pm-6:00pm, Fortnightly worship service, 120 to 150 patrons.
- Services on Saturdays:
o 7:45am-9:15am – Monthly worship service – 180 to 220 patrons.
- Services on weeknights:
o Monday 6pm-7pm – Weekly worship service – 30 to 40 patrons
o Tuesday 7:15pm- 8:30pm – Weekly worship service – 120 to 180 patrons
o Wednesday – no services
o Thursday 7:15pm- 8:30pm – Weekly worship service – 180 to 220 patrons
o Friday 7:00pm-8:30pm – Monthly worship service – 120 to 180 patrons
In support of the application; the applicant has provided the following documentation:
- Planning Report and Plans;
- Traffic Impact Assessment;
- Bushfire Management Plan;
- Environmental Acoustic Assessment Documentation;
- Land Capability for On-Site Effluent Disposal;
- Erosion and Sediment Control Plan;
- Local Water Management Plan; and
- Landscape Concept Plan
DEVELOPMENT SERVICES 15 15 JUNE 2020
COMMITTEE – Development COUNCIL MEETING 22 JUNE 2020
COMMENT
Development Control Unit (DCU)
The application was referred to the business units comprised in the City’s Development
Control Unit, namely Planning Services, Health Services, Engineering, Environment and
Waste Services. These comments on the proposal are detailed further in the Analysis section
of this report.
Public Advertising
Place of Worship is a discretionary (A) use within the City’s Rural Living zone. Public
advertising of A uses is required under TPS No.4. The application was advertised for three
weeks, closing on 18/11/18. Advertising was carried out by way of letters to all landowners
within 500m of the development site, a notice on the City’s website containing links to plans
and documentation. These documents were made available for in person viewing at the City’s
offices also.
Advertising of the proposal was conducted in concert with advertising of the nearby Place of
Worship JDAP development application at Lot 11, No. 182 Brookton Highway Kelmscott.
The City used a combined 500m radius consultation area for both applications.
Total No. of letters sent to residents/owners : 405
Total No. of submissions received : 121
No. of submissions of conditional support/no objection : 19
No. of submissions of objection : 101
The main issues raised in submissions, together with a comment on each issue are outlined
below.
Key Issues
Issue 1 - The proposal is inconsistent with the rural character of area in terms of the nature
of the use, its intensity and appearance and will detract from the area’s characteristics.
Comment
An issue consistently raised in submissions objecting to the proposal was that the scale and
appearance of the proposed Place of Worship would undermine the rural character of the
surrounding locality. Place of Worship uses are located in rural or predominately residential
zonings. Places of Worship are most commonly found in proximity to the faith communities
they serve. As such, they are commonly located in residential and rural style zones across all
local government areas, although the suitability of locations will vary.
In this case the locality around the subject site is characterized by a mixture of the Rural
Living zone and higher density Residential zone areas. Brookton Highway a Category 3
Primary Regional Road (PRR) runs through the area and is a regional freight route. There is
an adjacent Local Centre zone opposite the subject site. At a broader scale the subject site is
with 2km of the Kelmscott District Centre and 3km of the Armadale Regional Centre.
DEVELOPMENT SERVICES 16 15 JUNE 2020
COMMITTEE – Development COUNCIL MEETING 22 JUNE 2020
Given these characteristics it is reasonable to conclude the locality as an area on a primary
transport route and is a transitional area between the urban areas to the south and west and the
more sparsely populated areas to the east and north. Furthermore it is common for uses that
may generate higher traffic volumes to be located in proximity to Primary Regional Roads as
these roads are capable of accommodating larger volumes of traffic and provide traffic access
to the broader district. In this light it is considered that the development of a Place of Worship
on the proposed site is not incongruous with the prevailing characteristics of the area. It is
noted that there is a higher incidence of non-residential uses either adjacent to or in close
proximity to Brookton Highway. A Place of Worship application was approved by the JDAP
nearby at Lot 11, No.182 Brookton Highway on 15/04/2020 approximately 200m from this
proposed Place of Worship. This approval allows for attendance of up to 200 patrons on a
smaller site, being 1.5ha in area in comparison to the subject sites 4ha area.
The City does not consider of the appearance and siting of the proposed building to be out of
keeping with the Rural Living zone. The proposed building is not excessive in terms of its
scale and is intended to have simple architecture with elements of rural character, including
large verandahs and a simple pitched roof. The siting of the building roughly in the centre of
the 4ha site with large amounts of open space around it is also typical of development in rural
zones. It is accepted that the car park space is significant and is not (in general) a typical
element of the area, however there is the capability to screen the car park from general view
with landscaping.
Recommendation
That the issue is not supported.
Issue 2 - The proposal will generate excessive traffic that will negatively impact upon traffic
congestion on Brookton Highway and raise the potential for unsafe vehicle movements.
Comment
Although the application proposes direct access from Armstrong Road, the proposal does
generate additional traffic that will need to enter and exit Brookton Highway. Brookton
Highway is under the control of MRWA as it is a Primary Regional Road Category 2 (PRR
Cat 2). The City referred the traffic impact assessments and plans prepared by the applicant to
MRWA for comment. After extensive review, over an extended period MRWA has advised
the City that it conditionally supports the proposal.
The evaluation of MRWA is that additional traffic volume generated will be within the
carrying capacity of Brookton Highway and will not result in undue congestion. It is the
conclusion of MRWA that the intersection of Armstrong Road and Brookton Highway will
require modification to create a safer intersection. These modifications are likely to include
the construction of a slip lane on the eastbound lane of Brookton Highway to Armstrong
Road and changes to the kerb line in the intersection. MRWA’s support for the proposal is
conditional upon the applicant obtaining its approval for an intersection upgrade design and
completing the works prior to occupancy.
The proposal complies with the City’s TPS 4 parking requirements as it provides 163 onsite
parking bays in lieu of the required 152. The applicant has indicated there is also room for 55
cars to park temporarily in a grassed overflow area. The proposal is highly unlikely to create
parking demand that spills over the site.
DEVELOPMENT SERVICES 17 15 JUNE 2020
COMMITTEE – Development COUNCIL MEETING 22 JUNE 2020
Recommendation
That the issue is supported in part.
Issue 3 - The proposal will generate excessive noise that will negatively impact upon the
amenity of the locality.
Comment
It is reasonable for noise to be raised as an area of interest and concern by submitters. The
applicant has provided an acoustic assessment. The assessment has been reviewed by the
City’s Health Services who have advised that its findings on compliance with the
Environmental Protection (Noise) Regulations 1997 is acceptable subject to a condition
applied to any development approval that disallows amplified music or singing. The applicant
has advised in this instance that amplified music and singing do not form part of their
worship practices and therefore they hold no objection to the condition.
Religious worship and vehicle engine noise are exempted from compliance with the Noise
Regulations. It is not expected that the religious worship practices in themselves in this
instance would generate significant noise. Vehicle engine noise may generate a noticeable
impact on Armstrong Road and Brookton Highway, particularly as patrons leave during
evening periods. However, it is also acknowledged that Brookton Highway is a significant
source of traffic noise irrespective of the presence of the proposed development. It is
reasonable to expect traffic noise within areas adjacent to a PRR and in this context the
proposed development is not considered likely to significantly detract from the existing and
expected amenity level of the area.
The proposed use is unlikely to attract consistent traffic from trucks after the construction
phase.
Recommendation
That the issue is supported in part.
Issue 4 - The proposal has the potential to negatively impact upon the natural environment.
Comment
The subject site mostly contains degraded former orchard plantings. Minimal clearing of
native vegetation is required to facilitate the proposal. The site does abut the Canning River
and fringing native vegetation is present along the river shore. No development is proposed in
the river edge areas.
The applicant has provided a draft Local Water Management Plan (LWMP), Erosion and
Sediment Control Plans and Landscape Plan. These have been referred with the rest of the
application to the DBCA/Swan River Trust for comment as the proposal affects their
management waters. They have advised the City that they have no objection to the proposal
subject to conditions requiring connection of the site to reticulated sewerage and the
endorsement of a finalized Stormwater Management Plan, Erosion and Sediment Control
Plan and Landscaping Plan.
DEVELOPMENT SERVICES 18 15 JUNE 2020
COMMITTEE – Development COUNCIL MEETING 22 JUNE 2020
The applicant initially proposed onsite effluent disposal however they have subsequently
confirmed that they can connect the proposed development to reticulated sewerage. The
nearest connection point is on Brookton Highway. This will assist to lower the potential
infiltration of excess nutrients to the Canning River.
Recommendation
That the issue is not supported.
Issue 5 - The proposal represents an undue risk in a bushfire emergency situation.
Comment
This is a reasonable concern given the locality has a history of being impacted by bushfires,
particularly during the February 2011 bushfires. The subject site is identified as bushfire
prone under the WAPC’s SPP 3.7 – Planning in Bushfire Prone Areas.
The applicant provided a Bushfire Management Plan (BMP) as part of the application to the
City. These documents were referred to DFES for comment. DFES advised that the
documentation was acceptable subject to various revisions and clarifications, although these
would not require further referral to DFES. DFES recommended that an Emergency
Evacuation Plan also be prepared (EEP). It is noted that under the EEP the basic requirement
of having road access in at least two directions via Brookton Highway has been met.
The applicant has submitted the revised BMP and EEP documents to the City and they are
considered to be acceptable.
Recommendation
That the issue is not supported, as acceptable measures have been demonstrated.
State Agency Comments
DBCA/Swan River Trust
The proposal was referred to the Department of Biodiversity Conservation and
Attractions/Swan River Trust for statutory comment as required under the Swan and Canning
Rivers Management Act 2006. The DBCA/Swan River Trust advised the City that it did not
object to the proposal subject to conditions.
Department of Fire and Emergency Services
The City referred the proposed to DFES for comment given it is in a bushfire prone area and
includes aspects (attendance of older persons and children) that show similarities with
vulnerable land uses as defined under SPP 3.7. DFES advised the City that it did not object to
the proposal subject to an EEP being prepared and the BMP being revised in some places.
Water Corporation
The proposal was referred to the Water Corporation for non-statutory comment. The Water
Corporation advised that it did not object to the proposal. In relation to the requirement of
DBCA/Swan River Trust for the site to be connected to reticulated sewerage; the Water
Corporation has advised that a private pumping station is likely to be required by the
developer.
DEVELOPMENT SERVICES 19 15 JUNE 2020
COMMITTEE – Development COUNCIL MEETING 22 JUNE 2020
Department of Health
The proposal was referred to the Department of Health for non-statutory comment. The
Department of Health advised that it did not object to the proposal.
Main Roads Western Australia
The proposal was referred to the MRWA for statutory comment as it involved an increase of
traffic utilizing Brookton Highway via the local road network (Armstrong Road). MRWA
required multiple submissions from the applicant in relation to traffic analysis and plans for
upgrades to the intersection of Armstrong Road and Brookton Highway. MRWA has advised
the City that it does not object to the proposal subject to conditions.
ANALYSIS
City of Armadale Town Planning Scheme No. 4
Part 3 Zones and the Use of Land
The use class of Place of Worship is discretionary (A) in the Rural Living zone. Public
consultation will be undertaken as part of this application. Place of Worship is defined under
TPS 4 as:
“place of worship” means premises used for religious activities such as a church, chapel,
mosque, synagogue or temple;
In this case it is understood that the Armadale Gospel Trust, who are currently based in their
current Place of Worship in Seville Drive, Seville Grove are proposing to relocate to the
subject site.
The objectives for the Rural Living zone are defined as:
(a) To provide for a variety of rural living environments based on defined lot sizes, land
form and natural environmental characteristics.
(b) To provide for a range of associated compatible development, consistent with the
environmental opportunities and constraints applicable to individual sites.
(c) To ensure development is sited, designed and managed in harmony with the natural
environment and so as to protect the rural landscape and amenity.
On balance it is considered that the applicant has demonstrated that the proposal can manage
the site requirements without unduly detracting for the values or capabilities of the locality.
The applicant has secured the conditional support of state agencies that deal with
environmental and traffic matters indicating that the proposal is viable without creating
excessive impact in these aspects. Therefore it is considered that the proposal is capable of
being consistent with the objectives of the Rural Living zone.
Part 4 General Development Requirements
Management of Construction Sites
If the proposed development is approved by Council a condition requiring the submission of
a construction management plan is recommended.
DEVELOPMENT SERVICES 20 15 JUNE 2020
COMMITTEE – Development COUNCIL MEETING 22 JUNE 2020
Effluent Disposal
The applicant has indicated that they have no objection to the condition of support from
DBCA/Swan River Trust requiring effluent disposal to be via reticulated sewer connection.
Part 4B Rural Living, General Rural and Special Rural Zone Requirements.
Setbacks
The minimum lot boundary setback for the zone is 15m. The proposal complies as it provides
the following setbacks:
South side boundary – 68m
East side boundary – 83.7m
The northern and western boundaries are marked by the shoreline with the Canning River.
All structures must be at least 50m from a permanent water course, including the Canning
River. The plans indicate that the building is approximate 100m from the Canning River at
the closest setback (west) and 140m from the northern side.
Building Height
Limits of 6m for wall height and 9m for overall pitch apply. If the additional fill required to
facilitate the sand pad level is factored in there is a 0.9m variation to the maximum roof
height proposed.
The application proposes heights relative to:
Finished Floor Level – Wall 3.9m/Pitch 7.9m
Natural Ground Level – 5.9m/9.9m
A maximum sand pad height of 1.5m above NGL unless otherwise approved applies. The
applicant is proposing a maximum sand pad height of 2.0m above NGL.
It is noted that the proposed sand pad fill level is intended to moderate the slope of the site
down the Canning River edge. Given the generally lower aspect of the subject site in
comparison to the surrounding area, any roof pitch height variation would not result in the
building giving an impression of excessive height as seen from nearby vantage points.
Building coverage
The proposal incorporates an 839m2 area building, which exceeds the 500m2 building
coverage specified under clause 4B.3 of TPS 4. A variation in this case is considered to be
acceptable in light of the high open space provision (98.1%) across the lot. The existing
single house on the property and associated outbuildings are proposed to be demolished. It is
not considered that the proposed building will not result in excessive building coverage given
the significant size of the lot.
Car Parking and Vehicular Access
Under Schedule 7A of TPS 4 a Place of Worship requires parking to be provided at the
following rate:
1 space for every 2.5 square metres seating area, plus
1 space for every staff member present during peak operation
DEVELOPMENT SERVICES 21 15 JUNE 2020
COMMITTEE – Development COUNCIL MEETING 22 JUNE 2020
The main hall area measures approximately 529m2 in area, however this includes aisles
which would not be used for seating. The applicant has provided a calculation of 355m2
seating area which is considered to be accurate. This requires 142 parking bays. Ten staff are
likely required, thereby resulting in an overall requirement of 152 bays. The applicant has
proposed 163 bays, thereby resulting in a surplus of 11 bays. The applicant has also indicated
that there is room for a further 55 cars to be accommodated in a temporary overflow parking
on grassed open space on the site.
Water Supply
The applicant has proposed connection to mains water. Onsite rain water tanks are not
proposed.
Remnant Native Vegetation
The subject site is former orchard land and exhibits little remnant native vegetation outside of
the area fringing the Canning River. Significant removal of remnant native vegetation is not a
part of this application. Removal of the remaining exotic orchard plantings is not considered
to be raise concern on environmental or amenity grounds.
“A” uses to the Rural Living zone
As part of Amendment 97 to TPS 4 the following criteria were added to Part 4B for
discretionary ‘A’ uses in the City’s Rural Living zone. This criteria applies to Place of
Worship applications:
(a) accessibility by public transport, cycling and walking;
(b) potential to meet outdoor noise criteria as specified in noise regulations that operate
under the Environmental Protection Act 1986 (may include the requirement for an
Acoustic Assessment);
(c) potential for the form, layout, appearance, colours and textures of any building and
landscaping to mitigate against any potential visual impact (may include the
requirements for a Visual Impact Assessment);
(d) potential for setbacks and separation distances from adjacent sensitive land uses to
mitigate against rural amenity impacts and land use conflicts;
(e) adequacy of the road capacity in the locality to accommodate traffic generated by the
development, and access capable of safely accommodating vehicle movements
generated by the development (may include the requirement for a Traffic Impact
Assessment); and
(f) potential impact of any uses incidental or ancillary to the predominant use.
The following comments are made against each point from the criteria:
a. It is reasonable to expect that most visits to the use would be via private motor vehicles.
The applicant has nonetheless investigated this criteria and has advised that “Existing
infrastructure provides good access for cycling and walking through the provision of a
dual use path along Brookton Highway. In addition, a bus stop is located on Brookton
Highway (near Bernard Street), approximately 200m from the subject land, which
provides access to bus routes connecting to Kelmscott Train Station.”
b. The applicant has provided an acoustic assessment which has been reviewed by the
City’s Health Services who have advised that its findings on compliance with the
Environmental Protection Act Regulations are acceptable subject to condition
disallowing amplified music and singing.
DEVELOPMENT SERVICES 22 15 JUNE 2020
COMMITTEE – Development COUNCIL MEETING 22 JUNE 2020
c. The proposed siting of the building in the centre of the lot with ample open space
around it assists with its rural setting. The appearance of the building is simple in style
with large verandahs and a simple roof pitch design. The car park can be landscaped. It
is not considered that a visual impact assessment is warranted in this case.
d. The proposal amply exceeds boundary setback requirements. The proposal is not
adjacent to sensitive land uses.
e. The applicant has secured the conditional support of MRWA in relation to impacts
upon Brookton Highway, which is a Category 2 PRR. The proposal utilises Armstrong
Road and no other local road. At present two properties utilise Armstrong Road for
access. The applicant will be required to upgrade Armstrong Road to a suitable
standard to satisfy City of Armadale and DFES requirements.
f. The application proposes no incidental or ancillary uses.
Based on the above it is considered that the proposal meets the criteria for ‘A’ land uses in
the Rural Living zone.
PLN 5.1 – Highway Development
The City’s PLN 5.1 states that discretionary land use (D and A) proposals must demonstrate
that they do not generate more traffic than a permissible (P) use if directly accessing a PRR,
such as Brookton Highway.
In this instance the use can be considered by the City as the application is proposing direct
access via a lower order road, being Armstrong Road instead of directly to Brookton
Highway.
MRWA has assessed the traffic impacts and required road upgrades.
PLN 2.6 – Water Sensitive Design
The applicant provided a Local Water Management Plan (LWMP) and On Site Effluent Land
Capability Report as part of the application. These documents were referred to the City’s
Environmental Services Officers, DBCA/Swan River Trust and Department of Health for
comment. The main part of the potential concerns relating to the proposal were addressed by
the applicant accepting the advice of the DBCA/Swan River Trust that onsite effluent
disposal should be replaced by a connection to the reticulated sewerage system.
Notwithstanding this, there is still the requirement to ensure that stormwater runoff generated
onsite is appropriately filtered before entering the Canning River. The DBCA/Swan River
Trust has recommended that an LWMP, Landscaping Plan and Stormwater Disposal Plan are
finalised as a condition of any development approval. Such plans will need to demonstrate
that landscaping water retention swales are constructed to filter runoff from the building and
car park area. The City’s Environmental Services has indicates that this is viable if the
applicant constructs the swales to accommodate 1 in 5 year storm event volumes and
undertakes landscaping in accordance with the Vegetation Guidelines for Stormwater
biofilters in the south-west of Western Australia. This advice is consistent with the conditions
of support for the proposal provided by the DBCA/Swan River Trust.
DEVELOPMENT SERVICES 23 15 JUNE 2020
COMMITTEE – Development COUNCIL MEETING 22 JUNE 2020
SPP 3.7 – Planning in Bushfire Prone Areas
The entirety of the site is identified as bushfire prone. The applicant provided a Bushfire
Management Plan (BMP) with the application. The key finding is that:
- A BAL rating of BAL 29 applies to the site based on an asset protection zone (APZ) of
14m width being applied around the periphery of the building.
The APZ is not considered to be potentially detrimental to remnant native vegetation as there
is little native vegetation affected, particularly where the former orchard is located.
DFES in its comments to the City has indicated that it had no objection to the proposal
subject to the following issues being clarified or resolved:
- Clarification of the location of the development area as shown in the BAL assessment.
The applicant has clarified this in the revised BMP submitted January 2019. The BAL
rating of BAL-29 remains in the revised BMP.
- Clarification if the City is accepting of vegetation in Plot 2 being designated as low
risk. Plot 2 takes in smaller properties mostly containing residences. It is considered
that designating this vegetation as low risk is a reasonable conclusion in the longer term
and no agreement with the respective landowners is warranted.
- That a cul de sac turning head be built as part of the extension of Armstrong Road. This
is a reasonable recommendation and the City will expect the developer to fund and
construct it following a civil works submission for the upgrade of Armstrong Road.
DFES also recommended the creation of a full EEP, which was not part of the initial
submission to the City. Following DFES’s recommendation the application had an EEP
prepared by Smith Consulting (who also prepared the BMP) and submitted this to the City in
January 2019. The EEP document contains measures such as processes for monitoring of
bushfire threats and coordinator of evacuation duties. The EEP indicates that the
congregation will not meet on days where DFES has forecast catastrophic fire danger. The
document is considered to be acceptable and its implementation would be recommended as a
condition of any development approval.
Acoustic Assessment
The applicant has provided an Environmental Noise Assessment prepared by Herring Storer
Acoustics. The key conclusion of the Assessment is that noise generated by plant and carpark
noises is capable of complying the Environmental Protection (Noise) Regulations 1997 and
no mitigation measures are required. The City’s Health Services has advised that the findings
of the acoustic assessment are acceptable subject to a condition disallowing amplified music
or singing.
Swan and Canning Rivers Management Act 2006
The subject site abuts the management waters of the Swan River Trust as defined under the
Swan and Canning Rivers Management Act 2006. The applicant is required to obtain a
development approval from the Western Australian Planning Commission in accordance with
the advice of DBCA/Swan River Trust. The City must notify the Commission of its
determination outcome so that it can finalise its determination process also.
DEVELOPMENT SERVICES 24 15 JUNE 2020
COMMITTEE – Development COUNCIL MEETING 22 JUNE 2020
OPTIONS
1. Council could approve the application for a Place of Worship at Lot 201, No. 31
Armstrong Road, Kelmscott subject to appropriate conditions.
2. Council could refuse the application for a Place of Worship at Lot 201, No. 31
Armstrong Road, Kelmscott and state the reasons for doing so.
CONCLUSION
The conclusion of the assessment of this application if that the applicant has demonstrated
that the proposal is capable of complying with the objectives for the City’s Rural Living
zone. The applicant has addressed site factors, such as traffic impacts, acoustic impacts
mitigation of environmental impacts upon the Canning River and bushfire threat through
submissions to state agencies. The proposed development is not considered to be out of
keeping with the capabilities of the land and the appearance of the proposed building is
consistent with a more modest rural character. The scale of the proposal is considered to be
acceptable given the particular characteristics of the locality as it differs from typical Rural
Living zone content in that it is a transitional urban to rural area and its amenity and
transportation values are already marked by the existing Brookton Highway PRR. The recent
conditional approval by the MEJDAP of a Place of Worship adjacent to Brookton Highway
within 200m of the subject site under similar circumstances is noted in this light. Given this,
it is considered that there is no reasonable basis for the City to recommend refusal of the
application and it is recommended for conditional approval.
ATTACHMENTS
1.⇩ Site Plan - Lot 201 Armstrong Road, Kelmscott
2.⇩ Elevations Plan - Lot 201 Armstrong Road, Kelmscott
3.⇩ Floor Plan - Lot 201 Armstrong Road, Kelmscott
4.⇩ Roof Plan - Lot 201 Armstrong Road, Kelmscott
5.⇩ Landscape Concept Plan - Lot 201 Armstrong Road, Kelmscott
6.⇩ Details Plan - Lot 201 Armstrong Road, Kelmscott
7.⇩ Concept Plan - Armstrong Rd / Brookton Hwy Intersection - Lot 201 Armstrong Road,
Kelmscott
8.⇩ Photograph 1 - Lot 201 Armstrong Road, Kelmscott
9.⇩ Photograph 2 - Lot 201 Armstrong Road, Kelmscott
10.⇩ Artists Impression 1 - Lot 201 Armstrong Road, Kelmscott
11.⇩ Artists Impression 2 - Lot 201 Armstrong Road, Kelmscott
12.⇩ Artists Impression 3 - Lot 201 Armstrong Road, Kelmscott
13.⇩ Schedule of Submissions - Lot 201 Armstrong Road Kelmscott 14. Confidential Submitter Plan - Lot 201 Armstrong Road, Kelmscott - This matter is
considered to be confidential under Section 5.23(2) (b) of the Local Government Act, as it
deals with the matter relates to the personal affairs of a person
15. Confidential Schedule of Submitters Addresses - Lot 201 Armstrong Road, Kelmscott -
This matter is considered to be confidential under Section 5.23(2) (b) of the Local
Government Act, as it deals with the matter relates to the personal affairs of a person
DEVELOPMENT SERVICES 25 15 JUNE 2020
COMMITTEE – Development COUNCIL MEETING 22 JUNE 2020
Committee Discussion
Committee considered the proposed application, landscaping proposed, Main Roads WA
requirements and matters raised in the submissions. Committee requested additional
landscaping to address the visual appearance and views across the site from nearby areas.
As such, the recommendation was amended accordingly, with the moving of the advice note
regarding the City’s landscaping requirements to a separate landscaping condition to the
landscaping condition/requirements required by the Swan River Trust to separately address
the above visual appearance and views. Committee included additional landscaping
measures.
RECOMMEND D1/6/20
That Council:
A) Approves the application for Planning Approval for a Place of Worship on Lot
201, No. 31 Armstrong Road Kelmscott, subject to the following conditions:
1. The development shall be connected to the reticulated sewerage system prior
to occupation. (DBCA/Swan River Trust)
2. Prior to the commencement of works, the applicant shall prepare and have
approved, a Stormwater Management Plan to the satisfaction of the
Department of Biodiversity, Conservation and Attractions and the City of
Armadale (DBCA/Swan River Trust)
3. Prior to the commencement of works, the applicant shall prepare and have
approved, and Erosion and Sediment Control Plan to the satisfaction of the
Department of Biodiversity, Conservation and Attractions and the City of
Armadale. (DBCA/Swan River Trust)
4. Prior to the commencement of works or any development being undertaken
on the site, the applicant shall submit for approval to the Department of
Biodiversity, Conservation and Attractions, a Landscape Plan (Advice Note
E). The Landscape Plan is to be approved by the City of Armadale and
continuously implemented thereafter. (DBCA/Swan River Trust)
5. Prior to any fill and/or top soil being brought onto the site, the applicant
shall demonstrate that all material is certified clean, uncontaminated, and
free from rubble, weeds and disease and is geotechnically suitable for the
proposed works. (DBCA/Swan River Trust)
6. Prior to the commencement of construction of the development, the
applicant is to submit a preliminary intersection design (15% concept) for
the Brookton Highway/ Armstrong Road intersection, to the specification of
Main Roads (MRWA) and the satisfaction of the City.
7. Prior to the occupation of the building, the applicant shall design and
construct the approved intersection design as detailed in condition 6, to the
specification of Main Roads WA. The cost of the design and construction of
this intersection upgrade shall be borne by the applicant to the specification
DEVELOPMENT SERVICES 26 15 JUNE 2020
COMMITTEE – Development COUNCIL MEETING 22 JUNE 2020
of Main Roads WA and to the specification of the City.
8. Prior to occupation of the development, air conditioning units, compressors
and other equipment related to utilities shall be screened from public view
and positioned so as to avoid any adverse effects, including noise, on the
occupants of nearby residential properties to the satisfaction of the City.
9. Prior to the occupation of the development, a Final Acoustic Assessment
must be prepared and provided to the City of Armadale which demonstrates
to City’s satisfaction, that the completed development complies with the
Environmental Protection (Noise) Regulations 1997.
The Final Acoustic Assessment must include the following information:
a. noise sources compared with the assigned noise levels as stated in the
Environmental Protection (Noise) Regulations 1997, when the noise is
received at the nearest “noise sensitive premises” and surrounding
residential area;
b. tonality, modulation and impulsiveness of noise sources; and
c. confirmation of the implementation of noise attenuation measures. Any
further works must be carried out in accordance with the Acoustic
Report and implemented as such for the duration of the development.
10. A notification, pursuant to Section 70A of the Transfer of Land Act 1893 is
to be placed on the certificate of title of the subject site. The notification is to
state as follows:
“The land is located in the vicinity of a transport corridor and is affected, and
may be further affected by transport noise in the future”.
11. Attendance and times of operation for worship are to be limited to the
following:
Services on Sundays
6:00am-7:00am - Weekly worship service - up to 40 patrons;
10.00am-12.00pm - Fortnightly worship service - up to 440 patrons;
4:45pm-6:00pm - Fortnightly worship service - up to 150 patrons.
Services on Saturdays:
7:45am-9:15am - Monthly worship service - up to 220 patrons.
Services on weeknights:
Monday 6pm-7pm - Weekly worship service - up to 40 patrons
Tuesday 7:15pm-8:30pm - Weekly worship service - up to 180 patrons
Wednesday - no services
Thursday 7:15pm- 8:30pm - Weekly worship service - up to 220 patrons
Friday 7:00pm-8:30pm - Monthly worship service - up to 180 patrons
Additional services are permitted for Easter and Christmas Day to the
satisfaction of the City.
12. Outdoor areas are not to be used for gatherings.
DEVELOPMENT SERVICES 27 15 JUNE 2020
COMMITTEE – Development COUNCIL MEETING 22 JUNE 2020
13. The Bushfire Management Plan submitted by Smith Consulting (21 January
2019), shall be implemented including site preparation and establishment of
the Asset Protection Zone once approved and prior to commencement of the
use on site. Information including a completed ‘Certification by Bushfire
Consultant’, is to be provided to the City to demonstrate that the measures
contained within the Bushfire Management Plan have been implemented
during construction and continuously thereafter.
14. The Emergency Evacuation Plan submitted by Smith Consulting Protection
(20 January 2019), is to be continuously implemented and must be available
to all persons on site upon commencement of the use.
15. ‘End of trip bicycle facilities’ in accordance with Clause 4.11.1 and Schedule
7B own Planning Scheme No.4 shall be provided prior to occupation of the
development in a location agreed to by the City and continuously maintained
thereafter.
16. A finalised schedule of external colours and materials shall be submitted to
the City’s Planning Services and approved by the Executive Director
Development Services. The development shall be completed and maintained
in accordance with the approved schedule to the satisfaction of the City.
17. Engineering drawings and specifications must be submitted and approved
prior to commencement of site works, and works must be undertaken in
accordance with the approved plan, engineering drawings and specifications
prior to occupation of the development, to the satisfaction of the City
(Executive Director Technical Services) for the proposed works in the
Armstrong Road road reserve. The drawings / specifications / works shall
include:
a. The proposed driveway and crossovers;
b. The construction of the Armstrong Road extension, including a new cul
de sac head;
c. The relocation / removal of any other services as necessary; and
d. The replacement of any street trees removed as a result of works.
18. Prior to occupation, to meet vehicle manoeuvring space requirements on site
the developer/owner shall, to the specifications and satisfaction of the City
(Executive Director Technical Services):
a. Construct/seal all such areas, including
b. drainage and kerbing/marking where necessary, in accordance with
the approved site plan;
c. Relocate/remove any services/infrastructure as necessary; and
d. Arrange for continuous maintenance of all such areas thereafter.
19. To ensure parking does not exceed the total number of parking bays
available onsite at any one time and cause adverse impacts on the amenity of
the area, a car parking strategy shall be prepared by the applicant/owner
and approved by the City (Executive Director Development Services) to
manage the demand for parking upon commencement of operations, via
appropriate management practices.
DEVELOPMENT SERVICES 28 15 JUNE 2020
COMMITTEE – Development COUNCIL MEETING 22 JUNE 2020
20. A Construction Management Plan shall be prepared and submitted to the
City for approval at least 30 days prior to the commencement of works. The
Construction Management Plan shall be implemented to the satisfaction of
the City (Executive Director Development Services) and detail how the
construction of the development will be managed, including the following:
a. Public safety and site security;
b. Hours of operation;
c. Dust management;
d. Waste and material disposal;
e. Traffic management plans for the various phases of the construction;
f. Parking arrangements for contractors and sub-contractors;
g. Delivery and access arrangements;
h. The storage of materials and equipment on site (no storage of materials
within the public realm will be permitted);
i. Bonding and remediation arrangements;
j. Measures to ensure no deleterious runoff enters the Canning River
and;
k. Any other matters likely to impact upon the surrounding properties or
public realm.
21. A Waste Management Plan for onsite waste collection shall be submitted to
and approved by the City (Executive Director Technical Services) prior to
commencement of site works. The plan shall detail bin storage and collection
areas, turning circles, surface thickness and gradient suitable to a 25 tonne
dual axle vehicle as well as entry and exit to/from the site in forward gear.
Waste collection shall be carried out in accordance with the approved plan
thereafter.
22. In accordance with the requirements of Local Planning Policy PLN 3.12 -
Percent for Public Art, prior to the occupancy of the development, the
applicant or landowner is to either:
a) make a monetary contribution to the City of Armadale Public Art
Reserve Account equal to one per cent (1%) of the estimated total
development cost; or,
b) install public art work on site to the value of one per cent (1%) of the
total development cost and continuously maintain the public art work
thereafter
23. The landscape plan shall include:
a) Plant species (predominantly West Australian natives);
b) Numbers, location, container size;
c) Method of irrigation of the landscaped areas;
d) Landscaping and treatment of adjoining verge areas;
e) The provision of shade trees within the car park at the rates of at least
1 tree per 10 metre interval along any line of car parking;
f) Retention of existing trees wherever possible;
g) The provision of a landscaped buffer 10m wide on all sides of the
development (outside the Asset Protection Zone) to soften the visual
impact of the buildings & carpark from all vantage points. The
DEVELOPMENT SERVICES 29 15 JUNE 2020
COMMITTEE – Development COUNCIL MEETING 22 JUNE 2020
landscaped buffer to include tall trees over 5m and shrubbery; and
h) The provision of a 50 metre strip of revegetation abutting the foreshore
(measured from the river’s edge).
All landscaping shall be installed prior to occupancy of the development and
maintained as per the approved plan thereafter
24. All conditions are to be complied with prior to exercising the right of this
approval, to the satisfaction of the Executive Director Development Services.
Advice Notes:
A. The required plans and specifications can be emailed to
B. The applicant is advised that it is an offence under the Swan and
Canning Rivers Management Regulations 2007 to destroy, pull up, cut
back or injure any tree, shrub or perennial plant that is on land within
the Swan Canning Development Control Area, except with the
approval of the Department of Biodiversity, Conservation and
Attractions or unless otherwise exempt by the Regulations.
C. The applicant is advised that if clearing of native vegetation is proposed
then a clearing permit is required in accordance with the
Environmental Protection Act 1986. An application must be submitted
to and approved by the Department of Water and Environmental
Regulation.
D. With regard to Condition 2, the applicant is advised the stormwater
management system shall be designed to prevent mobilisation of
sediment, nutrients and contaminants from the site to the river.
Stormwater from the proposed development should be managed in
accordance with Corporate Policy Statement 49: Planning for
Stormwater Management Affecting the Swan Canning Development
Control Area, the Department of Water and Environmental
Regulation's Stormwater Management Manual for Western Australia
and Decision Process for Stormwater Management in WA, and water
sensitive urban design principles with reference to Monash University
(2014) Vegetation Guidelines for stormwater biofilters in the south-
west of Western Australia, November 2014, and Adoption Guidelines
for Stormwater Biofiltration Systems, Facility for Advancing Water
Biofiltration, Monash University, June 2009. The stormwater
management system shall adhere to the following criteria;
a. Stormwater runoff from constructed impervious surfaces
generated by small rainfall events (i.e. the first 15 mm of rainfall)
must be retained and/or detained at-source as much as practical
and will not be permitted to enter the river untreated.
b. Pre-development hydrology (including peak flow rates, runoff
volumes, floodplain storage volumes and flood levels) is to be
maintained, unless alterations have either been published in an
DEVELOPMENT SERVICES 30 15 JUNE 2020
COMMITTEE – Development COUNCIL MEETING 22 JUNE 2020
approved catchment plan, or are to the satisfaction of the
Department of Biodiversity, Conservation and Attractions,
Department of Water and Environmental Regulation and the
Water Corporation (where applicable).
c. Existing tributaries and surface water flow paths are to be
retained, unless it can be demonstrated that replacement with
piped systems will maintain or improve the habitat values and
water quality of receiving waterways.
d. No drainage infrastructure can be constructed within the Swan
Canning Development Control Area.
e. The stormwater management system should include where
possible infiltration within the carpark using biofilters vegetated
with local native plant species.
f. Revegetation is to be undertaken downslope from the
bioretention / detention basins in the area where overland flow is
likely to occur, and the Landscape Plan required by Condition 4
should be updated accordingly.
E. With regard to Condition 4, the applicant is advised the Landscape
Plan shall include, unless otherwise agreed in writing:
a. demonstrate the softening of the visual impact of the buildings,
carpark and any other structures when being viewed from the
public access areas and river foreshore;
b. all features in the proposed landscaping surrounding the new
facility;
c. details of any retaining walls, demonstrating how the walls will be
terraced and/or screened with appropriate native plants to
visually soften the structures when viewed from the public areas
and river foreshore;
d. the location, number and type of proposed vegetation including
size and planting density (please note that the majority of plant
species are to be locally native and suited to the soil type of the
area to sustain local biodiversity and due to their low fertiliser
and water requirements);
i. any existing vegetation and/or landscaped areas to be
retained/reinstated; and
ii. intended maintenance regime, including whether bore or
scheme water will be utilised.
F. The applicant is advised that this approval does not negate the need to
obtain any other approval from relevant agencies, or from the
Department of Biodiversity, Conservation and Attractions.
G. The applicant is advised that any upgrade or modification to pump
infrastructure adjacent to the Canning River will require separate
planning approval. Please note that the Department of Biodiversity,
Conservation and Attractions will not support modified or new pump
infrastructure within the River reserve.
H. Further to condition 7, the applicant must obtain approval from Main
DEVELOPMENT SERVICES 31 15 JUNE 2020
COMMITTEE – Development COUNCIL MEETING 22 JUNE 2020
Roads before all works are undertaken within the Brockton Highway
road reserve. The applicant seeking access to the Main Roads network
will be required to submit an application as outlined in the
"Application Kit and Guidelines" for State Roads. Application Kits
can be found on the Main Roads website > "Our Roads" >
"Conducting Works on Roads".
I. With regard to the Condition requiring submission of a colour and
material schedule, please be advised that the colour and material
schedule submitted is acceptable (copy attached). Any amendments to
the attached schedule should be resubmitted to Planning Services for
consideration.
J. With regard to Condition requiring a car parking strategy, the strategy
should outline appropriate management practises including (but not
limited to):scheduling/timing of services and meetings, advice to
patrons on specifics such as peak periods and events, and
encouragement of car-pooling and alternative forms of transport.
K. Lighting shall comply with Australian Standard 4282-1997 “Control of
the obtrusive effects of outdoor lighting” or its equivalent and the
City’s Environment, Animals and Nuisance Local Laws.
L. The developer is reminded of the requirement under the provisions of
the Environmental Protection Act that all construction work (which
includes earthworks and similar) be managed with due regard for noise
control. Works generating noise, and rock breaking in particular, are
not permitted:-
• Outside the hours of 7.00am to 7.00pm; or
• On a Sunday or Public Holiday.
M. Compliance with the Environmental Protection (Noise) Regulations
1997 is required, particularly with regard to installation of equipment
(air conditioning units, pumps etc.).
N. With regard to part b) of the condition relating to the City’s PLN 3.12
– Percent for Public Art, the arts approval process is outlined under
section 5 of the policy and the proponent will be required to lodge a
Public Art Submission Form to the City’s Community Services, which
is available on the City’s website:
https://www.armadale.wa.gov.au/sites/default/files/assets/documents/do
cs/Planning_and_Land_Use/Percent_for_Public_Art_Submission_For
m.pdf
O. Please note, Clause 4B.3 (Building Coverage) of Town Planning
Scheme No.4 (TPS No.4) specifies that in the Rural Living Zone
building coverage is not to exceed 500 square metres (including
outbuildings), unless otherwise approved by the City in accordance
with the provisions of Clause 4.5 of TPS No.4. Given site coverage on
the lot is beyond the limit specified in TPS No.4, you are advised that
any proposed future increases to the site coverage on the lot will be
DEVELOPMENT SERVICES 32 15 JUNE 2020
COMMITTEE – Development COUNCIL MEETING 22 JUNE 2020
considered with caution and in detail by the City and will unlikely be
approved without being justified to the City’s satisfaction and with
consideration to TPS No.4 provisions. (mirrors 182 Brookton approval)
P. The owner and/or applicant is encouraged to provide written evidence
to the City to demonstrate compliance of the conditions noted above.
For further information please refer to Planning Information Sheet
“Development Application Condition Clearance” available at
https://www.armadale.wa.gov.au/planning-information-sheets
Q. The applicant and landowner are advised that it is a statutory
requirement to comply with all conditions of this approval, and that
not complying with any condition is therefore illegal. Failure to comply
with any condition of this approval or the approved plans constitutes
an offence under the Planning Development Act 2005. The City can
issue a Planning Infringement Notice of $500 (without notice) and/or
commence legal action with higher penalties up to $200,000 for each
offence and a daily penalty of $25,000 per day for the continuation of
that offence. It is the responsibility of the applicant and/or landowner
to inform Council in writing when they consider the development to be
complete and all conditions of this approval have been satisfied.
R. All septic sewer systems including all tanks and pipes and associated
drainage systems (soak wells or leach drains) and any stormwater
disposal systems are to be decommissioned, in accordance with the
Health (Treatment of Sewerage and Disposal of Effluent and Liquid
Waste) Regulations 1974, removed, filled with clean sand and
compacted. Proof of decommissioning is to be provided in the form of
either certification from a licensed plumber or a statutory declaration
from the landowner/applicant, confirming that the site has been
inspected and all septic tanks, soak wells, leach drains and any
associated pipework have been removed.
S. A Building Permit application is required prior to the erection of any
structures on the property.
T. Compliance with the Building Code of Australia is required. In this
regard, a Building / Demolition Permit application shall be submitted
to the City’s Building Department and approved prior to the
demolition of any structures on the subject site.
U. The landowner/applicant shall make arrangements with the Water
Corporation for the provision of the necessary sewer and water
services to the development.
V. If the applicant is aggrieved by a Refusal to Approve his/her
application, or, where Approved, is aggrieved by any Condition
imposed in that Approval he/she may apply for a Review to the State
Administrative Tribunal pursuant to the provisions of Part 14 of the
Planning and Development Act 2005 against such refusal or imposition
of such aggrieved Condition.
DEVELOPMENT SERVICES 33 15 JUNE 2020
COMMITTEE – Development COUNCIL MEETING 22 JUNE 2020
Such application for Review must be made not more than twenty eight
(28) days after the date of this determination via the form available
from the State Administrative Tribunal (copies available from the State
Administrative Tribunal, at Level 4, 12 St Georges Terrace, Perth, or
GPO Box U1991, Perth, WA, 6845, or www.sat.justice.wa.gov.au or
from Council's offices), and should be accompanied by the relevant fee
detailed in Schedule 18 of the State Administrative Tribunal
Regulations 2004.
W. If the development the subject of this approval is not substantially
commenced within a period of 4 years from the date of this letter, the
approval shall lapse and be of no further effect. Where an approval has
lapsed, no development shall be carried out without the further
approval of the responsible authority having first been sought and
obtained.
B) Advise the submitters and the Western Australian Planning Commission of the
Council’s decision in this regard.
Moved Cr C M Wielinga
MOTION CARRIED (7/0)
DEVELOPMENT SERVICES 34 15 JUNE 2020
COMMITTEE - Strategic Planning COUNCIL MEETING 22 JUNE 2020
DEVELOPMENT SERVICES 35 15 JUNE 2020
COMMITTEE - Strategic Planning COUNCIL MEETING 22 JUNE 2020
2.1 - STRUCTURE PLAN RECOMMENDATION TO WAPC - LOT 9006 REILLY ROAD
AND LOT 9005 WRIGHT ROAD, HARRISDALE
WARD
: RANFORD In Brief:
CLE Town Planning + Design lodged a
Structure Plan for Lot 9006 Reilly Road
and Lot 9005 Wight Road Harrisdale, in
accordance with the ‘Urban
Development’ zoning and the
‘Development Area 25’ provisions of the
City’s Town Planning Scheme No.4.
The Structure Plan proposes a Residential
land use with densities ranging from R25
and pockets of R40 around the two
proposed Public Open Space areas, which
are located within the north-western
corner and south-eastern corner.
The Structure Plan was advertised to the
public and State Government agencies for
28 days, from 06/01/2020 to 03/02/2020.
The City received 45 landowner
submissions and 7 utility and State
Government agency submissions.
Recommend that Council resolve to
forward the Structure Plan to the WAPC,
recommending final approval, subject to
several modifications.
FILE No.
: M/190/20
DATE
: 27 May 2020
REF
: AR
RESPONSIBLE
MANAGER
: EDDS
APPLICANT : CLE Town Planning +
Design
LANDOWNERS : Sytka Pty Ltd &
Carey Baptist College
Inc
SUBJECT LAND : Lots 9006 & 9005 Reilly
Road, Harrisdale
MRS ZONING/
RESERVATION
: Urban
TPS No.4
ZONING
: Urban Development
Development Area 25
Tabled Items
Nil.
Decision Type
☐ Legislative The decision relates to general local government legislative functions such as
adopting/changing local laws, town planning schemes, rates exemptions, City
policies and delegations etc.
☐ Executive The decision relates to the direction setting and oversight role of Council.
Quasi-judicial The decision directly affects a person’s rights or interests and requires
Councillors at the time of making the decision to adhere to the principles of
natural justice.
Officer Interest Declaration
Nil
DEVELOPMENT SERVICES 36 15 JUNE 2020
COMMITTEE - Strategic Planning COUNCIL MEETING 22 JUNE 2020
DEVELOPMENT SERVICES 37 15 JUNE 2020
COMMITTEE - Strategic Planning COUNCIL MEETING 22 JUNE 2020
Strategic Implications
2.5.1.1 Implement the Local Planning Strategy recommendations through amendments to
TPS No.4, Structure Plans, Planning Policies and strategies.
2.5.1.3 Deliver key strategic planning projects and strategies.
Legal Implications
Planning and Development Act 2005
Planning and Development (Local Planning Schemes) Regulations 2015
Metropolitan Region Scheme
Town Planning Scheme No.4
Environmental Protection Act 1986
Environmental Protection and Biodiversity Conservation Act (Commonwealth) 1999
Regional Land Use Policy Implications
Perth and Peel @ 3.5 million - South Metropolitan Peel sub-regional planning
framework (2018)
Southern River / Forrestdale / Brookdale / Wungong District Structure Plan (2001)
(District Structure Plan)
State Planning Policy 2.0: Environment and Natural Resources Policy
State Planning Policy 3.0: Urban Growth Settlement
State Planning Policy 3.7: Planning in Bushfire Prone Areas
State Planning Policy 5.4: Road and Rail Noise
Liveable Neighbourhoods (WAPC 2009; 2015 draft)
Council Policy/Local Law Implications
Local Planning Strategy 2016
Local Biodiversity Strategy
Budget/Financial Implications
Nil
Consultation
1. Development Control Unit and City Directorates
2. Adjoining/nearby landowners (Refer to Plan of Advertising Extent)
3. State Government agencies and utility service providers (Refer to Schedule of
Submissions)
BACKGROUND
Southern River / Forrestdale / Brookdale / Wungong District Structure Plan (2001)
Lot 9006 Reilly Road (formerly known as Lot 1001 Wright Road) was initially identified for
urban development in the Southern River / Forrestdale / Brookdale / Wungong District
Structure Plan (2001) (DSP). The DSP was the major strategic planning and community
consultation study the WAPC conducted to plan a large portion of the City of Armadale’s
western growth areas (now known as Harrisdale, Piara Waters, Haynes, Hilbert and
Forrestdale).
DEVELOPMENT SERVICES 38 15 JUNE 2020
COMMITTEE - Strategic Planning COUNCIL MEETING 22 JUNE 2020
North Forrestdale Structure Plan First Stage (2005) The Primary School site was previously set aside on the eastern half of Lot 9006 by the North
Forrestdale First Stage Structure Plan (2005). This also identified requirements for an
additional flora survey and an additional Noise Assessment study in order to determine the
structural layout and development over the portion of Lot 9006 located west of the Primary
School site. These additional planning requirements were needed to ensure noise impacts
from operating kennels could be appropriately managed for residential development and to
ensure vegetation assessments had provided sufficient certainty that no Declared Rare Flora
existed on Lot 9006.
Planning Requirements The additional planning assessments required under the District Structure Plan require that a
separate Structure Plan be prepared which resulted in the current proposal. Since 2004, the
District Structure Plan implementation has been ongoing through rezoning, structure
planning, Developer Contribution Plan (DCP No.3) and subdivision plans including the
following:
Metropolitan Region Scheme Amendment 1072/33 (2004) transferred Lot 9006 to the
‘Urban Deferred’ zone in the rezoning of the North Forrestdale First Stage from ‘Rural’
to ‘Urban/Urban Deferred’ zone (now Harrisdale);
Metropolitan Region Scheme Amendment 1336/27 (2018) transferred Lot 9006 from
the ‘Urban Deferred’ zone to the ‘Urban’ zone and WAPC correspondence (6 February
2018) advised that future structure planning should address environmental attributes
including that:
suitable vegetation be retained within Public Open Space (POS) areas,
particularly where vegetation is contiguous with adjacent land;
mature trees be retained in verge and median areas; and
the potential to retain vegetation within the Primary School site is to be
determined by the Department of Education.
TPS Scheme Amendment No.190 (2004) rezoned Lot 9006 from ‘General Rural’ to
‘Urban Development’ zone as part of the North Forrestdale First Stage (initially zoned
under Town Planning Scheme No.2);
The North Forrestdale First Stage Structure Plan (2005) identified the eastern portion of
Lot 9006 for the future Primary School (currently being constructed), however, the
western portion of Lot 9006 was identified as requiring an additional flora survey and
an additional Noise Assessment study, prior to development and before an appropriate
landuse (zone) could be identified for the western portion of the lot via a separate
Structure Plan to be prepared (refer to the current proposal);
WAPC Subdivision 156256 (May 2018) approved subdivision of Lot 9006 into two (2)
lots to facilitate delivery of the Primary School on the eastern portion of Lot 9006;
Development Approval (November 2019) was granted for construction of the Primary
School through a Metro East Joint Development Assessment Panel (JDAP) approval;
DEVELOPMENT SERVICES 39 15 JUNE 2020
COMMITTEE - Strategic Planning COUNCIL MEETING 22 JUNE 2020
WAPC Subdivision 158712 (March 2020) approved subdivision of the western
proposed residential lot to create 2 (two) parcels of POS and commencement of site
works, including land clearing, which is generally in accordance with the location of
POS shown on the proposed Structure Plan. The City did not support this application.
Please refer to the attached Subdivision Approval Plans.
DETAILS OF PROPOSAL
The current Structure Plan proposal for Lot 9006 Reilly Road (subject proposal) has a total
area of 10.01ha of currently vacant land with pockets of vegetation along the northern corner
and southern portion of the site. It includes a small portion of Lot 9005 Wright Road (Carey
Baptist College) along the south-western corner. The Structure Plan area is bounded by Carey
Baptist College to the west, ‘General Rural’ lots along the northern boundary, the Primary
School site (being constructed in 2020-1) within the eastern portion of Lot 9006 and Reilly
Road along the southern boundary.
The Structure Plan proposes Residential zoned lots spanning east and west with the majority
of the lots having a base density coding of R25, and R40 density lots adjacent to Public Open
Space. The Structure Plan area has an estimated yield of 85 to 95 dwellings, with an
estimated dwelling yield of 24.6 dwellings per hectare.
The two Public Open Space areas, which have already been approved by WAPC Subdivision
158712, are proposed:
o along the south western corner of site, on the corner of Reilly Road and the new road
dividing the Primary School lot from the balance of Lot 9006 (created by the previous
WAPC subdivision approval): and
o along the north eastern comer of the structure plan area, where vegetation is contiguous
with adjacent land, as required by the WAPC in the aforementioned advice dated 6
February 2018 (refer to Comment section below and relevant discussion of the Federal
approval to clear Banksia Woodland vegetation and the requirement to retain 4000m2 in
accordance with the application).
The Structure Plan application (as advertised) includes the following component documents:
Structure Plan Map
Structure Plan Report (Part 1 and Part 2)
Environmental Assessment Report (includes details of the Federal Environmental
Protection & Biodiversity Conservation Act 1999 approval for land clearing of
Banksia Woodland associated with residential development and bushfire protection)
Landscape Management Plan
Bushfire Management Plan
Transport Assessment
Noise Management Plan
Local Water Management Strategy
Engineering Service Report
DEVELOPMENT SERVICES 40 15 JUNE 2020
COMMITTEE - Strategic Planning COUNCIL MEETING 22 JUNE 2020
COMMENT
Public Advertising
The Structure Plan was advertised for 28 days from 6 January 2020 until 3 February 2020 by
means of signs on site, notifications to government/service agencies, advertisement in the
West Australian newspaper, information on the City’s website and letters to affected and
nearby landowners. At the close of advertising, the City received:
Total No. of public submissions received : 45
No. of submissions of conditional support/no objection or comments only : 10
No. of submissions of objection from within the Armadale municipality : 33
No. of submissions of objection from outside the municipality : 2
Total No. of Agency submissions received : 7
No. of submissions of conditional support/no objection or comments only : 6
No. of submissions of objection : 1
Refer to Confidential Submitter Plan and Schedule of Submissions attached to this report.
Agency objections were received from the Department of Fire and Emergency Services in
relation to the proposed Bushfire Management Plan. Comments raising concerns with the
proposed land clearing were also provided by the Department of Water Environmental
Regulations and the Department of Biodiversity Conservation and Attractions. Key issues
raised in the submissions of objection are discussed below. Please refer to the Schedule of
Submissions for responses to the main issues in the submissions.
Issue 1 – Land Clearing
Landowners nearby and the Department of Water Environmental Regulations, along with the
Department of Biodiversity Conservation and Attractions raised concerns with the clearing of
the Banksia Woodland within the residential portion of Lot 9006 and the Primary School site.
Landowners were also not supportive of the Federal Government’s conditions of approval
under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC) that
required the developer to fully fund the purchase of Banksia Woodland located outside of the
City of Armadale. The developer was required to provide this funding directly to the
Department of Biodiversity Conservation and Attractions (details are further discussed
below).
Comment
The Federal Department of the Environment and Energy (DEE) working closely with the
State Government’s Department of Biodiversity Conservation and Attractions to determine
where offsets acquisitions should be located, providing protection and management of
otherwise threatened Banksia Woodland vegetation. Unfortunately, the Local Government
does not have any input or role in determining where the offset funding is spent when it
comes to Federal DEE clearing approvals.
It is noted the Federal environmental legislation is entirely separate legislation to the Western
Australian Planning and Development (Local Planning Scheme) Regulations 2015 under
which the City is required to advertise and consider the Structure Plan application.
Notwithstanding, the Structure Plan is in accord with the DEE clearing approval and the POS
allocated to protect existing vegetation.
DEVELOPMENT SERVICES 41 15 JUNE 2020
COMMITTEE - Strategic Planning COUNCIL MEETING 22 JUNE 2020
It is noted that the WAPC also assessed vegetation of regional importance through its
planning Bush Forever (2000) study including the now Harrisdale area. This resulted in the
setting aside of large areas of land for conservation purposes including bushlands and
wetlands in the Forrestdale, Harrisdale and Southern River localities. Bush Forever resulted
in the protection of hundreds of hectares of land in the City of Armadale for environmental
conservation, including privately owned land and government lands. Over time, reservations
and Special Control Areas have been put in place in the MRS and Local Planning Schemes to
protect these sites for future public acquisition or ceding by developers as part of negotiated
planning solutions or in some cases by reallocation of purpose on existing crown reserves.
Protection of vegetation through Structure Planning
Lot 9006 has been zoned Urban Development under the City’s TPS and the Primary School
site has been set aside by the North Forrestdale First Stage Structure Plan since 2005. This
Structure Plan also set aside the high priority environmental areas within the area for
conservation and recreation as POS parkland protected by TPS Reservation. These
environmental areas included over 7 hectares of high priority wetland and wetland buffer area
and vegetation. This is now managed by the City for environmental protection and
conservation and recreation purposes.
Two Conservation Category Wetland (CCW) areas were set aside from development in the
Structure Plan including one 2.5 ha parkland area and another 5.5 ha area both comprising of
a core Conservation Category Wetland and buffer area including native vegetation. The
smaller CCW located south-east of “Bakers House” was acquired by the Developer
Contribution Plan and subsequently became “Jim and Alma Baker Park”. The “Bakers
House” heritage homestead was itself also acquired and restored for use by the community
through the First Stage Structure Plan by the mechanism of Developer Contribution Plan’s
(No.3) pooled infrastructure funds. DCP No.3 remains funded through contributions made
by all land developers in the DCP catchment, inclusive of the current developer of Lot 9006
Reilly Road.
The second 5.5 ha parcel comprising the core CCW and buffer of wetland and native
vegetation was identified in the Structure Plan to be set aside from development and was
subsequently ceded by the subdivider in compliance with the Structure Plan. The larger
wetland is now known as “Heronwood Reserve”. The North Forrestdale First Stage Structure
Plan also provided for an additional 6 ha of “Living Stream” parkland providing for
environmental, water management and recreation functions including a central multipurpose
corridor providing movement of avian and aquatic biota across the landscape as well as social
recreational functions for residents.
Application for land clearing under the EPBC Act
The Banksia Woodland vegetation on Lot 9006 is listed as a ‘Threatened Ecological
Community’ under the Federal Government Environment Protection and Biodiversity
Conservation Act 1999 (EPBC Act). As it is a vegetation community considered to have
National Environmental Significance, any impacts on Banksia Woodlands above the
threshold values, such as clearing for residential development are classed as a “Controlled
Action” under the EPBC Act. The Banksia Woodland vegetation on Lot 9006 is above the
threshold condition and area size values that required the Federal Government’s approval for
clearing and development. The landowner accordingly lodged an application under the EPBC
Act to the Federal Department of Environment and Energy (DEE) for land clearing
associated with residential development and bushfire protection in 2016.
DEVELOPMENT SERVICES 42 15 JUNE 2020
COMMITTEE - Strategic Planning COUNCIL MEETING 22 JUNE 2020
The EPBC application sought Federal Government approval to clear approximately 6.3ha of
remnant native vegetation within the western (residential) portion of the subject site including
4.66 ha of Banksia Woodland Threatened Ecological Community. The application proposed
the retention of approximately 0.4 ha of the Banksia Woodland vegetation in POS.
On 17 March 2019, the Federal Government granted EPBC Act approval, which included
approval conditions, including a requirement for the developer to provide financial offset
contributions to compensate for the loss of Banksia Woodland pursuant to the development
of the site. The EPBC approval limited the Banksia Woodland clearing to 4.66 ha maximum
with conditions as follows:
1. The approval holder must not clear more than 4.66 hectares of Banksia Woodlands
TEC within the project area.
2. To compensate for the loss of Banksia Woodland TEC, the approval holder must:
a. make a financial contribution to DBCA to fully fund the purchase and
management for conservation of 13 hectares of Banksia Woodland TEC at Lot
102 Wannamal Road South (Cullalla); and
b. make a financial contribution to DBCA to fully fund the purchase and
management for conservation of an additional offset site(s) that contains a
minimum of 56 hectares of Banksia Woodlands TEC in very good to excellent
condition.
The City is advised that the financial contribution to fund the above has been made to the
DBCA. It is noted that the Federal DEE has an active compliance audit program that ensures
its approvals are fully compliant with the approval conditions. The City understands that the
offset land at Wannamal Road South is in the Shire of Gingin vicinity, located north and
outside of the Metropolitan Area. The City would prefer to protect vegetation within its
District.
Protection of vegetation on Lot 9006
The WAPC subdivision approval on 16 March 2020 proposed to create two Public Open
Space (POS) areas within the residential portion of the subject site, as shown on the draft
Reilly Road Structure Plan Map. The north-western corner 4000m2 POS area is intended to
retain the existing vegetation in accordance with the DEE approval under the EPBC. This
new environmental parkland adds to the extensive area of vegetated parklands available to
the Harrisdale community.
The second POS area is located along the southern boundary to Reilly Road and the new
central subdivision road. Under the Reilly Road Structure Plan Landscape Concept Plan, the
southern POS has limited capacity for retention of vegetation but will provide opportunity for
active recreation with the installation of playground equipment and retention of storm water
drainage from the residential portion of the structure plan area.
The subdivision works involving clearing of the site in accordance with the DEE approval
and cut and fill works related to preparing the adjoining Primary School site are currently
progressing. It is noted that the City had recommended to the WAPC that the subdivision
application be deferred pending the final outcomes of the Structure Plan and submissions
process to be considered by Council and then the WAPC. However, the WAPC proceeded to
issue the approval prior to the determination of the Structure Plan.
DEVELOPMENT SERVICES 43 15 JUNE 2020
COMMITTEE - Strategic Planning COUNCIL MEETING 22 JUNE 2020
Recommendation:
It is recommended that the objection not be supported.
Issue 2 – Noise Bund
Landowners raised the following objections to the proposed 6m high noise bund that runs
along the entire length of the proposed residential and Primary School northern boundary:
Visually amenity impact on the adjoining Hatch Court properties.
Dust/soil being blown from the noise bund onto adjoining properties.
Noise bund encroaching on the vegetation within the north-western corner that is
required to be retained in accordance with the DEE clearing approval.
Lack of detail provided regarding material, management, and footprint.
In addition to the above, the Department of Education advised that the noise bund should not
be built within the new Primary School site.
Comment
As part of discussions between the applicant and the City, the applicant has advised that the
noise bund will be removed and replaced with quiet house design requirements for new
dwellings located in close proximity to the kennels. The Noise Management Plan and
Structure Plan Report is capable of being amended following the City’s recommendation of
the Structure Plan to the WAPC and prior to the WAPC determining the Structure Plan.
Recommendation
It is recommended that the objection be supported.
Issue 3 – Noise levels
Nearby landowners raised concerns that the noise emitted from the kennels within Hatch
Court would impact the new residents within the Reilly Road Structure Plan area.
Comment
It is noted the number of dog kennels in the adjacent area has declined over time as properties
have been sold, often for land banking pursuant to ultimate urban development in the Urban
Deferred and Urban MRS zones abutting. Refer to the attached confidential active kennel
license plan. Kennel licenses within the Hatch Court area are accordingly progressively
phasing out through non-renewal of non-operational licenses, once properties are on sold.
The Structure Plan Noise Management Plan proposes that notices will be required on title for
all new lots in close proximity to the kennels, advising landowners of the potential noise
impact from nearby kennels. Additionally, the Noise Management Plan will be amended to
require new residential dwellings in close proximity to remaining active kennels to build to
quite house design standard.
Recommendation
It is recommended that the objection not be supported.
DEVELOPMENT SERVICES 44 15 JUNE 2020
COMMITTEE - Strategic Planning COUNCIL MEETING 22 JUNE 2020
Issue 4 – Traffic
Landowners have objected to the potential traffic on Reilly Road caused by the increase in
residents within the Structure Plan area and from the new Primary School. In addition,
landowners also had concerns with parking overflowing from the new Primary School onto
Reilly Road and the local road network within the existing southern residential area.
Comment
The City’s Technical Services consider that the Structure Plan Transport Assessment
demonstrates that traffic volumes can be appropriately managed through three separate
intersections into the residential site and one intersection into the primary school site from
Reilly Road. Intersections into the residential portion are proposed through the perimeter road
along the western boundary, a cap road along the central portion of the residential site and the
subdivisional road between the school site and the residential portion. Traffic will be
dispersed through three local roads that run parallel to Reilly Road and connect to the western
boundary perimeter road and the central subdivisional road. Once the abutting northern Hatch
Court area has been developed, through future Structure Planning and subdivision, the central
road will allow for vehicle traffic to connect to Hatch Court, Shepherd Court and Ranford
Road, thus alleviating traffic on Wright Road and Reilly Road. Please refer to attached
Concept Context Plan.
Additionally, since the 2001 District Structure Plan and the 2005 North Forrestdale Stage 1
Structure Plan, the development of Reilly Road and the existing surrounding road networks
has taken into consideration, that the subject site was planned for a new Primary School and
residential development.
Parking for the new Primary School is addressed as part of the 2019 JDAP approval. The
Primary School proposes onsite parking bays, kiss and drive lane and embayment’s located
along the new central subdivision road. Any parking occurring within the verges of
residences during school pick up and drop off times will be referred to the City’s Rangers
Services for action and monitoring.
Recommendation
It is recommended that the objection not be supported.
Issue 5 – Proposed lots and dwellings inconsistent with surrounding area
Landowners objected to the smaller lots being developed in the area as they are considered to
be inconsistent with the existing residential area to the south of the subject site.
Comment
The Structure Plan provides a variety of lot and dwelling sizes in accordance with Element 3,
Requirement 2 and 4 of Liveable Neighbourhoods. The City is supportive of the majority of
the lots having a density coding of R25 with higher density coding of R40 fronting POS
areas, which is consistent with the density coding found in the surrounding areas under the
North Forrestdale Stage 1 Structure Plan.
Recommendation
It is recommended that the objection is not supported.
DEVELOPMENT SERVICES 45 15 JUNE 2020
COMMITTEE - Strategic Planning COUNCIL MEETING 22 JUNE 2020
Issue 6 – Department of Fire and Emergency Services objection to the Bushfire
Management Plan
The Department of Fire Emergency Services (DFES) does not support the grouped housing
lot along the northern boundary being located within a BAL40 / BALFZ rated area due to the
bushfire risk from the retained vegetation within the northern corner POS and the vegetation
found within the adjoining northern rural lots. Under State Planning Policy 3.7 – Planning in
Bushfire Prone Areas, residential development within Structure Plans should be located in
areas with a bushfire rating of BAL29 or below.
In order to reduce the BAL rating within the residential block, and given the vegetation
cannot be cleared or reduced to a manageable level within the northern POS, DFES
recommends that a road should be provided between the northern POS and the residential
block to create hazard separation and to improve emergency vehicle access in the event of a
bushfire.
Comment
The City is supportive of including a new north/south public road between the northern POS
and the residential block, as it also provides an improved interface, surveillance and access to
the POS in accordance with Element 4, Requirement 12 of Liveable Neighbourhoods. This
can be achieved through a condition of approval should the structure plan be supported.
Recommendation
It is recommended that the objection is supported.
Issue 7 – Dieback
Landowners raised concerns regarding potential dieback within the northern retained
vegetation POS location and that the POS should be moved to where higher quality
vegetation is located.
Comment
The City is supportive of the proposed location of the northern POS, as it addresses the
WAPC requirements in its letter dated 6 February 2018, which recommended that the
retained vegetation provide a potential connection with the POS located along the southern
boundary of the Shepherd Court Structure Plan and the existing vegetation within Carey
Baptist College. The Environmental Management Plan acknowledges that dieback is
affecting the proposed northern POS retained vegetation, but it also found dieback currently
covering over half of the site including the south east, with dieback spreading to the north
west. Please refer to the attached Concept Context Plan.
Through further discussion between the applicant and the City, the applicant has also advised
that it will investigate the potential for retaining more vegetation within the southern POS.
This can be investigated further and an amended Landscape Concept Plan can be provided for
the Southern POS once the City’s recommendation has been forwarded to the WAPC.
In addition to the recommendations minimising the spread of dieback through the waterways
and surrounding area, the City recommends that Part 1 of the Structure Plan be amended to
include a requirement for dieback hygiene measures to be implemented and observed during
subdivision works.
Recommendation
It is recommended that the objection not be supported.
DEVELOPMENT SERVICES 46 15 JUNE 2020
COMMITTEE - Strategic Planning COUNCIL MEETING 22 JUNE 2020
Issue 8 - Construction of Reilly Road roundabout and Primary School site
Several objections were received from adjoining landowners raising issue with the traffic
caused from the construction of the school site and the new 3 way roundabout along the
intersection of Reilly Road and the new central subdivision road. Landowners also raised
objections with the construction of the roundabout and school site occurring prior to
landowners being notified.
Comment
The eastern portion of the site has been zoned Public Purpose – Primary School since it was
identified on the 2005 North Forestdale Stage 1 Structure Plan. The construction of the new
Reilly Road roundabout and school site is in accordance with the WAPC’s subdivision
approval for 2 lots, which was approved by the WAPC in 2018.
Recommendation
It is recommended that the objection is not supported.
ANALYSIS
The Structure Plan has been assessed against the State Government’s planning framework
and requirements. In addition to the issues raised in the submissions above, the City provides
the following comments.
Public Open Space
The Structure Plan provides 2 separate POS areas with a total area equating to approximately
10% of the developable area in accordance with the WAPC’s Liveable Neighbourhoods
Policy. These areas are consistent with the recent WAPC subdivision approval, which has
determined the final POS allocation predetermining the outcome notwithstanding the
Structure Plan was still under consideration.
The northern POS is 4000m2 and upon request the applicant has provided additional
information in the form of an amended overall Landscape Plan illustrating how the northern
POS can be used for passive recreation. The amended Overall Landscape Concept Plan now
shows:
Location of existing fire breaks;
1.5m crushed limestone paths that weave around the perimeter of the POS;
Signs distributed along the pathway providing information on the local flora and fauna;
and
Location of conservation wired fencing along the southern, eastern and northern POS
boundaries.
The City appreciates the additional information, however, as per the City’s original request to
the applicant, the City recommends a separate Landscape Concept Plan for the northern POS
be provided in the amended Structure Plan documents to clearly identify:
The total areas for retained vegetation, firebreaks and limestone paths;
Whether banking/retaining is required along the southern and eastern boundary of the
POS to allow for the construction of the local road and residential lots; and
Potential for additional paths weaving through the center of the POS in order to
enhance the passive reactional attributes of the site.
DEVELOPMENT SERVICES 47 15 JUNE 2020
COMMITTEE - Strategic Planning COUNCIL MEETING 22 JUNE 2020
Given that the State Government has already approved the subdivision prior to consideration
of the Structure Plan and public submissions to create the two POS areas and enabling the
land outside of the POS areas to be cleared, the City recommends that potential for additional
vegetation provided within the southern POS area be investigated.
The proposed southern POS is located on the corner of Reilly Road and the new central
subdivisional road. The POS area is approximately 2200m2 and provides:
active recreation through the use of various playground equipment within the north
western portion;
passive recreation with winding paths through vegetated areas and turf area;
an undercover picnic bench along the northern boundary; and
landscaped stormwater drainage swales within the southern and eastern portion of the
POS area. Please refer to the attached Landscape Concept Plans, which will be assessed
by the City’s Parks Department.
Through the advertisement process, the applicant has modified the Landscape Concept Plan
to include additional winding path through the centre of the vegetated area and along the
western boundary to provide opportunity for the adjoining residential nested lots to access the
POS.
The City is supportive of the southern POS, however, once the City’s recommendation has
been forwarded to the WAPC, the City will keep liaising with the applicant and the WAPC
on the possibility of further retention of vegetation within the southern POS.
Drainage
The applicant has submitted a Local Water Management Strategy (‘LWMS’) prepared by
drainage consultants RPS. The LWMS has already been supported by the City’s Technical
Services and State Government agencies. The LWMS facilitated approval of the subdivision
creating two (2) lots and the central subdivisional road so that construction of the Primary
School site could begin.
The LWMS provides modelling and management solutions for attenuation and conveyance of
drainage in and through the residential and Primary School portions of the Structure Plan
area. The stormwater for the residential portion will be conveyed from the northern boundary
and will run down through a drainage pipe system into the southern POS drainage swale
which will connect into the Balannup Drain. Rainfall from the 1 year event will be retained
within a vegetated basin along western boundary, with the larger 1:5 and 1:100 events being
retained within the entire western portion of the POS, outside of the playground and sheltered
picnic areas.
All rainfall from the Primary School site will be retained within bio retention basins along the
southern boundary of the Primary School and will connect into the Balannup Drain for all
1:100 year rainfall events.
DEVELOPMENT SERVICES 48 15 JUNE 2020
COMMITTEE - Strategic Planning COUNCIL MEETING 22 JUNE 2020
Traffic
The existing 3 way roundabout along the intersection of Reilly Road and Mingara Avenue
allows for vehicles to move east and west and southern direction. As part of the Structure
Plan proposal, the roundabout will be extended to be a 4 way roundabout allowing vehicles
to exit the site onto Reilly Road and Mingara Avenue. However, vehicles will only be able to
enter the site when traveling east through a new intersection located just before the
roundabout along the Carey Baptist College Boundary. Therefore the site will not be
accessible from the roundabout for vehicles travelling along Mingara Avenue and vehicles
travelling west along Reilly Road.
The City’s Technical Services recommends that the roundabout be amended to show the
proposed access street intersecting with the existing roundabout at 90 degrees to allow for full
movement in and out of the site from Reilly Road and Mingara Avenue, as it will improve
access to the site and help alleviate traffic along Reilly Road during peak school times.
The applicant argues that this should be reviewed further as part of the subdivision process,
however, the City recommends that this should be addressed prior to the WAPC determining
the Structure Plan due to the potential redesign and reduction of the south-western residential
block. The Structure Plan amendments can be addressed once the City has provided its
recommendation to the WAPC.
The 8m cap road along Reilly Road, provides vehicle access for the lots that front Reilly
Road and the nested POS residential lots. The cap road only allows for one way movement
through a separate access point and egress point along Reilly Road. Given the potential traffic
and that underground infrastructure is unable to be installed within a 9m laneway, the City
recommends widening the cap road and laneway to be an 11.5m mews. Please refer to the
attached Overall Landscape Concept Plan, which provides an indicative road layout for the
Structure Plan area.
Again, the applicant argues that this should be reviewed at subdivision stage, however given
the potential reduction and redesign of the residential block along Reilly Road and the nested
lots, the City recommends the structure plan be amended once the City’s recommendation has
been forwarded to the WAPC.
OPTIONS
The following options are available to Council:
1. Resolve to recommend that the WAPC approve the Structure Plan with or without
modifications.
2. Resolve to recommend that the WAPC refuse the Structure Plan and provide reasons
for its decision.
DEVELOPMENT SERVICES 49 15 JUNE 2020
COMMITTEE - Strategic Planning COUNCIL MEETING 22 JUNE 2020
CONCLUSION
The Structure Plan has been assessed together with submissions received and with the
recommended modifications it is able to guide further subdivision and development in the
area, consistent with the WAPC’s decisions. The Structure Plan has been advertised in
accordance with the requirements of the Regulations, with the Structure Plan considered to be
satisfactorily progressed for the purposes of Council’s recommendation to the WAPC subject
to the landscaping, roundabout intersection and road width issues being addressed.
The decisions by the WAPC to approve subdivision of the western portion of Lot 9006 and
the Federal DEE to approve clearing and development under the EPBC Act are important
factors shaping the final outcomes and the Council’s consideration of these issues. The City
will also continue to liaise with the WAPC, DFES and the applicant to ensure that supporting
technical studies/management plans are prepared and completed to the City’s satisfaction.
It is recommended that Council recommend to the WAPC that it approve the Structure Plan
subject to modifications (including agency and City endorsement of outstanding management
plans). It is also recommended that Council endorse further advice to the WAPC on requiring
Structure Plan finalization before subdivision approvals and the relevant Federal and State
Agencies on involving Local Governments in the matter of land acquisitions for
environmental offsets.
In accordance with the above report and attachments, Option 1 is recommended.
ATTACHMENTS
1.⇩ Site Plan - Lot 9006 Reilly Road, Harrisdale
2.⇩ Structure Plan - Lot 9006 Reilly Road, Harrisdale
3.⇩ Schedule of Submissions - Reilly Road Structure Plan
4.⇩ Local Government - Schedule of Modifications - Reilly Road Structure Plan
5.⇩ North Forrestdale Structure Plan 1 - Lot 9006 Reilly Road, Harrisdale
6.⇩ North Forrestdale Structure Plan 2 - Lot 9006 Reilly Road, Harrisdale
7.⇩ District Structure Plan 1 - Lot 9006 Reilly Road, Harrisdale
8.⇩ District Structure Plan 2 - Lot 9006 Reilly Road, Harrisdale
9.⇩ Subdivision Concept Plan 1 - Lot 9006 Reilly Road, Harrisdale
10.⇩ Subdivision Concept Plan 2 - Lot 9006 Reilly Road, Harrisdale
11.⇩ Concept Context Plan - Lot 9006 Reilly Road, Harrisdale
12.⇩ Landscape Concept Plan - Lot 9006 Reilly Road, Harrisdale
13.⇩ Southern POS Landscape Concept Plan - Lot 9006 Reilly Road, Harrisdale 14. Confidential Submitter Plan - Lot 9006 Reilly Road, Harrisdale - This matter is considered
to be confidential under Section 5.23(2) (b) of the Local Government Act, as it deals with
the matter relates to the personal affairs of a person
15. Confidential Schedule of Submitters Addresses - Reilly Road Structure Plan - This matter is
considered to be confidential under Section 5.23(2) (b) of the Local Government Act, as it
deals with the matter relates to the personal affairs of a person
16. Confidential - Active Kennel License - Lot 9006 Reilly Road, Harrisdale - This matter is
considered to be confidential under Section 5.23(2) (b) of the Local Government Act, as it
deals with the matter relates to the personal affairs of a person
DEVELOPMENT SERVICES 50 15 JUNE 2020
COMMITTEE - Strategic Planning COUNCIL MEETING 22 JUNE 2020
Committee Discussion
Committee discussed concerns that the Federal Environmental approval offsets were being
used in areas or localities a significant distance from where the vegetation that has been
removed. Committee recommended amendments to the Schedule of Modifications to the
Structure Plan to include dieback spraying/injections, relocation of paths and conservation
fencing of the northern POS area
RECOMMEND D37/6/20
That Council:
1. Endorse the comments made in this report, the Schedule of Submissions and the
Schedule of Modifications (as amended) attached to this report in response to
public comments, agency referral and assessment of the Structure Plan.
2. Pursuant to Schedule 2 Clause 20 of the Planning and Development (Local
Planning Schemes) Regulations 2015:
a) Forward this report and attachments (including Schedule of Submissions
and Schedule of Modifications) to the Western Australian Planning
Commission; and,
b) Recommend that the Western Australian Planning Commission approve the
proposed Structure Plan subject to the modifications listed in the Schedule
of Modifications attached to this report.
3. Advise submitters of its decision at the time that the Structure Plan is granted
final approval by the WAPC.
4. Advise the WAPC that it is preferable that subdivision applications are not
approved when the Local Government has not provided its recommendation on
the Structure Plan application. As prior approval of subdivision limits the ability
for the Local Government to consider public submissions and limits the range of
potential outcomes the Structure Plan is able to address.
5. Advise the Federal Department of the Environment and Energy, State
Government Departments of Biodiversity, Conservation and Attractions and
Water and Environmental Regulation, that the City would prefer offset funds
obtained from residential land developers within the City of Armadale, to be used
to acquire land or provide environmental management of equivalent areas of
Threatened Ecological Community or natural vegetation located within the City
of Armadale or adjoining Local Governments.
Moved Cr J H Munn
MOTION CARRIED (7/0)
DEVELOPMENT SERVICES 51 15 JUNE 2020
COMMITTEE - Strategic Planning COUNCIL MEETING 22 JUNE 2020
2.2 - PROPOSED LOCAL PLANNING POLICY PLN 4.1 THE DESIGN OF
INDUSTRIAL ESTATES
Cr Butterfield declared a non-financial interest in this item as she is a member on the Metropolitan
Redevelopment Authority Armadale Land Redevelopment Committee and a Member of DevelopmentWA. As a
consequence, there may be a perception that her impartiality on the following matter may be affected, but
declared that she would disregard this association, consider the matter on its merits and vote accordingly.
WARD
: ALL In Brief:
At the meeting held on 24 February 2020
Council resolved to advertise Local
Planning Policy PLN 4.1.
One submission was received.
Recommend that Council adopt the
modified Local Planning Policy as shown
in the Attachment to this report.
FILE No.
: - M/266/20
DATE
: 27 May 2020
REF
: BH
RESPONSIBLE
MANAGER
: EDDS
Tabled Items
Nil.
Decision Type
Legislative The decision relates to general local government legislative functions such as
adopting/changing local laws, town planning schemes, rates exemptions, City
policies and delegations etc.
☐ Executive The decision relates to the direction setting and oversight role of Council.
☐ Quasi-judicial The decision directly affects a person’s rights or interests and requires
Councillors at the time of making the decision to adhere to the principles of
natural justice.
Officer Interest Declaration
Nil.
Strategic Implications
2.1 Long term planning and development that is guided by a balance between economic,
social and environmental objectives.
2.1.1 Review, update and implement the City’s Town Planning Scheme, taking into account
the Local Biodiversity Strategy and other environmental considerations.
Legal Implications
Planning and Development Act 2005
Town Planning Scheme No.4
Council Policy/Local Law Implications
PLN 4.1 The Design of Industrial Sites and Estates.
Budget/Financial Implications
Nil.
DEVELOPMENT SERVICES 52 15 JUNE 2020
COMMITTEE - Strategic Planning COUNCIL MEETING 22 JUNE 2020
Consultation
As the main amendments to the policy are related to including planning development
provisions for lots located within Forrestdale Business Park East (FBPE), letters inviting
comments on the proposed amendments were sent to all landowners within FBPE. In
addition, the proposal was advertised in the “Examiner” and on the City’s website.
BACKGROUND
At its meeting of 24 February 2020, Council resolved to amend Local Planning Policy PLN4.1-
The Design of Industrial Estates and to advertise the proposal for a period of 28 days in
accordance with in accordance with Schedule 2, Part 2, Clause 4 of the Planning and
Development (Local Planning Schemes) Regulations 2015.
PLN4.1 currently applies to all industrial areas within the City’s Town Planning Scheme.
Forrestdale Business Park East (FBPE) is the industrial area bounded by Tonkin Highway,
Ranford Road and Armadale Road. It is currently under DevelopmentWA jurisdiction and is
proposed to be normalised to the City in June 2020. Amendment No.107 is currently in
progress to reintroduce the FBPE in the City’s Town Planning Scheme No.4 (adopted by
Council at its January 2020 meeting). There is also a current MRS amendment in progress to
zone DevelopmentWA areas within the City of Armadale to bring them into the WA planning
framework at Normalisation.
Under the DevelopmentWA planning framework, the Forrestdale Business Park East Design
Guidelines are in use. After assessment of the provisions in that document, it was determined
that rather than carrying across the Design Guidelines at Normalisation, a better planning
outcome would be to carry across the provisions that best facilitate optimum planning
outcomes for both FBPE and the wider industrial areas within the City.
DETAILS OF PROPOSAL
The main amendments to Policy PLN4.1-The Design of Industrial Sites and Estates are
related to including planning development provisions for lots located within FBPE
encapsulating provisions relating to:
Building setback
Existing industrial areas within the City to remain unchanged (7.5 metres front setback,
secondary street setback to be determined at the discretion of the City).
FBPE front setback minimum 15 metres, maximum 21 metres.
Minimum site cover
Existing industrial areas within the City to remain unchanged (no minimum site cover).
FBPE minimum site cover 20% of the lot area for lots up to 1,500m2.
FBPE minimum site cover of 300m2 for lots greater than 1,500m2.
Building design
A number of design elements have been added from the FBPE Design Guidelines
including building layout and massing concept, as well as articulation of buildings.
DEVELOPMENT SERVICES 53 15 JUNE 2020
COMMITTEE - Strategic Planning COUNCIL MEETING 22 JUNE 2020
Vehicle access
Including provisions to ensure future subdivisions in FBPE align with planned road
layout, given the expiry of the Development WA’s FBPE Structure Plan.
Front fencing
Mandatory garrison style fencing within FBPE, encouraged within all other industrial
areas within the City.
Landscaping
FBPE lots to provide a 3 metre landscaping zone along all street frontages.
All other industrial areas within the City to provide a 2 metre landscaping zone along
all street frontages.
DevelopmentWA (DWA) do not require the landscaping of verges as part of a development
approval. The City has advocated for this requirement to apply for a number of years, like in
most planning policies and systems in WA, however DWA have not been prepared to impose
the requirement. This has caused a number of streetscape, drainage and tree coverage issues
for Forrestdale Business Park East. Clause 4.7.5 of the Policy PLN 4.1 proposes to require
the provision of a minimum of one 45 litre tree within the verge for every 10 metres of street
frontage as well as a minimum of one 45 litre tree for every four parking bays within the lot,
which is the requirement the City has imposed in its existing industrial areas.
It is noted that under Clause 4D.4.3 of the City’s Town Planning Scheme No.4 there is a
requirement of a 2 metre landscaping zone along the primary street frontage. At its meeting
on 25 May 2020 Council initiated TPS Amendment No.109 to include a provision for FBPE
lots to provide a 3 metre landscaping zone along all street frontages, as well as all other
industrial areas to provide a 2 metre landscaping zone along all street frontages.
Signage
All industrial areas within the City, including FBPE to comply with Council’s Policy
PLN4.2 – Advertisements – Signage.
Advertising of Local Planning Policy PLN 4.1
The proposed Local Planning Policy was advertised for 28 days from 12 March 2020 to 13
April 2020. Advertising was carried out by way of advertisements in the local Examiner
newspaper, including the policies in the “out for comment” section of the City’s website, and
by writing to all landholders in the FBPE area.
One submission was received.
Total No. of letters sent to residents/owners : 177
Total No. of submissions received : 1
No. of submissions of conditional support/no objection : 0
No. of submissions of objection : 1
No. of submissions of general advice by Service Agencies : 0
DEVELOPMENT SERVICES 54 15 JUNE 2020
COMMITTEE - Strategic Planning COUNCIL MEETING 22 JUNE 2020
COMMENT
Prior to preparing the proposed amendments to PLN4.1, a study into the DevelopmentWA
(MRA)’s FBPE Design Guidelines was undertaken. The Design Guidelines are very lengthy
and contain a large amount of information that sometimes makes it difficult to understand the
overall intent. The Design Guidelines incorporate requirements (ie subdivisions) that are
more appropriately considered by City of Armadale documents (ie Subdivision Guidelines).
It was determined that there were a number of provisions in the Design Guidelines that would
be beneficial to apply both to FBPE as well as the wider industrial areas within the City.
Therefore it is proposed to utilise the optimal sections to form part of assessment criteria
within an amended PLN4.1. This will assist the City to be able to promote higher quality
development within existing industrial areas in the City, while still ensuring the continued
high quality of development that is occurring within FBPE.
The Design Guidelines contained a number of concepts related to building design to promote
higher quality development such as building massing to ensure adjacent development
compliments existing development to create a more cohesive streetscape. Another important
aspect was the promotion of building articulation to create interest and interactivity along the
street frontage.
It was also noted that while a number of concepts within the Design Guidelines would benefit
the existing industrial areas within the City, some concepts would continue to apply only to
FBPE. For example, a 3m landscaping strip along street frontages is required in FBPE
however, it was deemed that this would be too difficult a target for other smaller industrial
lots to achieve in existing areas. Another example is related to fencing requirements. Lots
within FBPE are required to have garrison style fencing whereas this fencing will not be a
mandatory requirement within other industrial areas in the City. As FBPE is a new industrial
estate, it is important for fencing to be congruent with surrounding lots, whereas the existing
industrial areas within the City have varying fencing as per the City’s Local Law. The City
also did not include the maximum parking requirement of the Design Guidelines as this
requirement discourages businesses from determining their requirements for future growth
and would lead to future parking issues.
The proposed amendments to PLN4.1 will have positive benefits in relation to built form
outcomes for both FBPE as well as the existing industrial areas within the City.
The amended PLN 4.1 is aimed to take effect in the FBPE area upon normalisation to ensure
any new industrial applications within FBPE can be assessed under the new policy. This will
ensure the City can apply a consistent approach to applications and to complement existing
development within FBPE.
The proposed amendments will ensure that development applications within Industrial areas,
including FBPE, will have the necessary planning framework to be assessed to ensure
beneficial outcomes for the area as well as the wider City industrial areas.
As a result of the above amendments, it is recommended to advise DevelopmentWA that the
DWA’s FBPE Design Guidelines do not need to be normalised to the City.
DEVELOPMENT SERVICES 55 15 JUNE 2020
COMMITTEE - Strategic Planning COUNCIL MEETING 22 JUNE 2020
Key Issues Raised by Submission
The submission supports the normalisation of the area back to the City due to various matters,
including the DWA’s FBP Design Guidelines. A summary of the submission received and
comment on the various points made is included in the Attachments. As a result of the
submission some minor amendments have been proposed to the policy including:
Amendments to some clauses to give further clarity for developers.
Minor administrative amendments.
A copy of the proposed amended Local Planning Policy is presented in the Attachments to
this report.
ANALYSIS
Schedule 2, Part 2, Clause 3 of the Planning and Development (Local Planning Schemes)
Regulations 2015 allows Council to prepare a Local Planning Policy which:
a) May apply generally or in respect of a particular class or classes of matters specified in
the policy;
b) May apply to the whole of the Scheme area or to part or parts of the Scheme area
specified in the policy; and
c) A local planning policy must be based on sound town planning principles and may
address either strategic or operational considerations in relation to the matters to
which the policy applies.
In this regard, the draft Local Planning Policy – PLN 4.1 has been prepared in accordance
with Deemed Provisions of the Planning and Development (Local Planning Schemes)
Regulations 2015. Briefly, as outlined in the Planning and Development (Local Planning
Schemes) Regulations 2015, and the City’s Town Planning Scheme No.4 the procedures for
amendment of a Local Planning Policy are:
Once the City resolves to make amendments to a planning policy, the City must
advertise the proposed amended policy in a newspaper circulating in the scheme area,
with public submission period being not less than 21 days from the day on which the
notice of Local Planning Policy is published. The City may carry out such other
consultation as considered appropriate.
Council is then required to review the proposed amended policy in light of any
submissions made during the advertising period, and resolve to proceed (with or
without modifications), or not proceed with the amended Local Planning Policy.
If the Council resolves to proceed with the amended policy, the City must publish
notice of the amended policy in a newspaper circulating in the scheme are and if the
policy affects the interests of the Western Australian Planning Commission, forwarding
a copy of the Policy to the Commission.
DEVELOPMENT SERVICES 56 15 JUNE 2020
COMMITTEE - Strategic Planning COUNCIL MEETING 22 JUNE 2020
OPTIONS
1. Council could resolve to adopt the policy and the modifications referred to above.
2. Council could choose not to adopt the modified policy.
CONCLUSION
Amendments to the Local Planning Policy PLN4.1 - The Design of Industrial Sites and
Estates will transfer/establish a necessary planning framework for the Forrestdale Business
Park East following normalisation and will assist the City in improving the quality of
development in the City’s existing Industrial areas. In this regard, Option 1 is recommended.
ATTACHMENTS
1.⇩ PLN 4.1 - The Design of Industrial Estates - Policy final with edits
2.⇩ PLN 4.1 - The Design of Industrial Estates - Policy final without edits
3.⇩ PLN 4.1 - The Design of Industrial Estates - Overview of Submissions Table
RECOMMEND D38/6/20
That Council:
1. Adopt the amended Local Planning Policy PLN 4.1 - The Design of Industrial
Estates modifications as shown in the Attachments.
2. Publish a notice in a newspaper circulating in the district stating that the
modifications to Local Planning Policy PLN 4.1 - The Design of Industrial Estates
has been adopted.
3. Advise DevelopmentWA and Western Australian Planning Commission that the
City does not need or support the normalisation of the DWA’s Forrestdale
Business Park Design Guidelines to the City for the reasons included in this report
and attachments.
Moved Cr C Frost
MOTION CARRIED (7/0)
DEVELOPMENT SERVICES 57 15 JUNE 2020
COMMITTEE - Scheme Amendments COUNCIL MEETING 22 JUNE 2020
DEVELOPMENT SERVICES 58 15 JUNE 2020
COMMITTEE - Scheme Amendments COUNCIL MEETING 22 JUNE 2020
3.1 - AMENDMENT NO.113 TO TPS 4 - REZONING LOT 3 ARMADALE RD & LOT
301 ANSTEY RD FORRESTDALE FROM URBAN DEVELOPMENT ZONE TO LOCAL
CENTRE ZONE
WARD
: Lake In Brief:
A request has been received for
Council to initiate an amendment to
rezone Lot 3 Armadale Road and
Lot 301 Anstey Road Forrestdale
from “Urban Development” zone to
“Local Centre” zone.
The purpose of the Amendment is
to facilitate the development of a
small Local Centre within the
Development Area in the short
term to address the needs of the
future residents in the precinct.
It is recommended that Council
initiate the proposed Scheme
amendment.
FILE No.
: - M/234/20
DATE
: 27 MAY 2020
REF
: MK
RESPONSIBLE
MANAGER
: EDDS
APPLICANT
: CLE Town Planning & Design
LANDOWNER
: Lot 3: G. Nelson & J. Wilson
Lot 301: Declare Investments
Pty Ltd
SUBJECT LAND
: Lot 3 (799) Armadale Road and
Lot 301 (12) Anstey Road,
Forrestdale
ZONING
MRS /
TPS No.4
:
:
MRS: Urban
TPS No.4: Urban Development
Tabled Items
Nil.
Decision Type
Legislative The decision relates to general local government legislative functions such as
adopting/changing local laws, town planning schemes, rates exemptions, City
policies and delegations etc.
☐ Executive The decision relates to the direction setting and oversight role of Council.
☐ Quasi-judicial The decision directly affects a person’s rights or interests and requires
Councillors at the time of making the decision to adhere to the principles of
natural justice.
Officer Interest Declaration
Nil
Strategic Implications
2.1 Long term planning and development that is guided by a balance between economic,
social and environmental objectives.
2.1.1 Review, update and implement the City’s Town Planning Scheme, taking into account
the Local Biodiversity Strategy and other environmental considerations.
DEVELOPMENT SERVICES 59 15 JUNE 2020
COMMITTEE - Scheme Amendments COUNCIL MEETING 22 JUNE 2020
DEVELOPMENT SERVICES 60 15 JUNE 2020
COMMITTEE - Scheme Amendments COUNCIL MEETING 22 JUNE 2020
Legal Implications
Planning and Development Act 2005
Planning and Development (Local Planning Schemes) Regulations 2015
Metropolitan Region Scheme
Town Planning Scheme No.4
Council Policy/Local Law Implications
Local Planning Strategy 2016
Local Planning Policy PLN 5.1 Highway Development
Armadale Activity Centres Strategy Working Paper 2012
Budget/Financial Implications
Nil.
Consultation
Development Control Unit.
If initiated, the scheme amendment will undergo a process of advertising for public
submissions in-accordance with the requirements of the Planning and Development (Local
Planning Schemes) Regulations 2015.
BACKGROUND
Lot 3 Armadale Road and Lot 301 Anstey Road Forrestdale are currently zoned “Urban
Development” under Town Planning Scheme No.4 (TPS No.4). The subject properties are
located within the Anstey-Keane Urban Development Precinct. Both properties currently
contain residential dwellings and associated outbuildings.
A Structure Plan is required to be approved prior to the commencement of any development in
the “Urban Development” zone. A Structure Plan has been prepared for the majority of the
Anstey Keane Precinct on the eastern side of Anstey Road and is currently with the WAPC for
approval. However, none of the lots fronting Armadale Road (including Lot 3 and Lot 301) are
within that Structure Plan. Therefore, development of the proposed Local Centre could not occur
currently.
The subject property (and the remainder of the precinct) are included in proposed Development
Contribution Area No.4 via Amendment 102 to TPS No.4. Amendment 102 is currently
awaiting approval by the Western Australian Planning Commission (WAPC) and the Hon.
Minister for Planning.
DETAILS OF PROPOSAL
The City has received a request to initiate an amendment to rezone Lot 3 Armadale Road and
Lot 301 Anstey Road from “Urban Development” zone to “Local Centre” zone.
The purpose of the amendment is to enable the development of a small commercial hub for the
Anstey Keane Precinct. A Development Concept is included in the Amendment
documentation showing how the site could develop as a Service Station with associated local
retail conveniences.
DEVELOPMENT SERVICES 61 15 JUNE 2020
COMMITTEE - Scheme Amendments COUNCIL MEETING 22 JUNE 2020
This Development Concept includes:
200m2 of floor area associated with a fuel station, including 10 fuel filling stations
(bowsers).
400m2 of floor area associated with other retail uses.
22 onsite (car) bays to support the retail uses.
The applicant advises that the purpose of this Development Concept is to provide one
possible scenario to demonstrate that the site can be reasonably supported as a ‘Local Centre’
zone. The Development Concept is supported by the following technical reports:
Retail Needs Assessment
Transport Impact Assessment
Bushfire Management Plan
Engineering Servicing Report
Acoustic Advice Note
The applicant’s justification for the proposed Local Centre zoning is summarised as follows:
(i) It will serve the needs of the growing trade area population within Forrestdale most
particularly that of the emerging Anstey Road Urban Precinct, with the small scale
offered by the site easily absorbed into the retail supply of the area;
(ii) It will have a minimal impact on any of the surrounding (existing and planned) retail
centres due to its size;
(iii) It will provide for the convenience-oriented needs of local residents;
(iv) It will provide for fuel and convenience-oriented needs of passing traffic; and
(v) It will create a node for local employment.
COMMENT
Development Control Unit (DCU)
A number of matters were raised by Technical Services with regard to upgrades needed to
Anstey Road and the Armadale Road access road to support the proposed development of a
Local Centre as well as servicing matters. These are discussed within the relevant sections of the
report relating to traffic impact and servicing.
Environmental Services advised that there are no mapped environmental values of
significance on or nearby the site and that no native vegetation within or adjacent to the site
would be impacted by the proposed development or bushfire mitigation. Retention of existing
mature trees (non-native) on the site or adjacent verges should be considered in the
development proposal.
Desirability of a Community Hub within the Anstey Keane Precinct
Amendment 113 will enable the development of a small local centre in the short term future to
provide a community hub for the developing Anstey Keane Precinct and existing residents
within the area including the Forrestdale townsite. The small size of the centre and the isolation
of the Anstey Keane Precinct from other residential areas in Harrisdale and Piara Waters means
that it will not compromise the viability of other centres existing or proposed within the area.
DEVELOPMENT SERVICES 62 15 JUNE 2020
COMMITTEE - Scheme Amendments COUNCIL MEETING 22 JUNE 2020
This is supported by the results of the Retail Sustainability Analysis provided with the
application which demonstrates that both economic and community benefits will be created
through the provision of a small centre aimed predominantly at serving the local community.
In undertaking this RNA, it was assumed that the local centre would comprise 200m2 floor
space associated with the Service Station with 400m2 of floor space supporting other retail
activities, consistent with the Development Concept.
The RNA found that with the expected population growth and demographic type within the
Anstey Keane Precinct and the wider Forrestdale surrounds (by the year 2031) there will be
demand for an increase in retail floor space of 26,800m2 (food, liquor and groceries) and
9,100m2 for food related services. In coming to this conclusion, the RNA considered the
number of planned and existing centres within the Forrestdale / Piara Water / Harrisdale
locality, finding that a number of these existing communities were already well serviced by
larger neighbourhood and district centres, meaning that the small scale of any local centre on
the subject site would pose no impact to these larger retail centres.
The nearest existing centre future residents of the precinct and existing residents in Forrestdale
are able to purchase convenience goods (such as bread and milk) is within the Forrestdale
Business Park 3km to the east (existing service station and convenience store) and the future
Piara Waters Shopping Centre on the corner of Nicholson Road and Armadale Road. A Local
Centre in the Anstey Keane Precinct will allow residents to potentially walk or ride their bikes to
the centre as an alternative to driving.
Transport Impact Assessment
A Transport Impact Assessment (TIA) was provided with the application and is based on the
Development Concept of a Service Station and Convenience store. The Development
Concept shows a number of vehicle access points into and out of the site on both Anstey
Road and the existing access road that provides vehicle access for properties fronting
Armadale Road. The TIA concludes that the surrounding road network can support the
proposed development concept on the site. However, as per the comments provided by the
Development Control Unit (DCU) access to/from the site will require more detailed
consideration including:
The need to upgrade the existing Armadale Road access road to both support increased
traffic volumes from that which currently occurs and to accommodate the heavy and
long trucks associated with the operation of a service station.
Main Roads Western Australia’s approval will be required for this development to use
the existing intersection to the Armadale Road Access Road.
The design for Anstey Road does not currently include deceleration/turning lanes to
access the development site and additional road widening may be needed to achieve these
additional requirements. This would potentially impact on the size of the development site.
When a Development Application is lodged in the future for a specific development on the
subject site, the traffic and access matters will be dealt with comprehensively including
consideration of the above issues. Appropriate conditions could be placed on the
development with regard to any road upgrades or widening that need to be implemented by
the developer.
DEVELOPMENT SERVICES 63 15 JUNE 2020
COMMITTEE - Scheme Amendments COUNCIL MEETING 22 JUNE 2020
The Scheme Amendment and any future Development Application will be referred to Main
Roads Western Australia (MRWA) for comment and the developer will also be required to
liaise directly with/obtain approval from MRWA for any modifications to the Armadale Road
access point required to facilitate the development.
The design of Anstey Road is currently being progressed by consultants engaged by Cedar
Woods, in consultation with the City, under a DCP 4 prefunding approval issued by the City.
Bushfire Risk
The Amendment Area is identified by the DFES mapping as Bush Fire Prone. In accordance
with the WAPC’s ‘Planning in Bushfire Prone Areas’, a Bushfire Management Plan (BMP)
that includes a Bushfire Hazard Assessment has been prepared for the subject site. In
addition, a Service Station is considered a high risk land use in a Bush Fire Prone area so the
BMP includes a Bushfire Risk Management Plan.
The Bushfire Management Plan concludes that bushfire risk is not a barrier to the
development of the Amendment Area and that the subject site carries a Bushfire Attack Level
of 12.5 – which is within the acceptable level of risk.
Servicing
An Engineering Servicing Report was included with the application and addresses
Earthworks, Drainage, Water Supply, Power, Sewer and Gas services required to support the
development.
Earthworks & Stormwater Drainage
The Amendment Area is flat and sand fill will be required to address the following matters:
Adequate separation from groundwater.
Provide for onsite drainage for the more frequent storm events, in accordance with the
WAPC’s Better Urban Water Management.
Accommodation of gravity fed sewer reticulation.
Coordination of levels with adjacent road reserves.
Appropriate interface with the neighbouring residential properties to the north and east.
The Engineering Servicing report states that stormwater drainage infrastructure will likely
comprise of a vegetated swale onsite to collect and dispose of the 10 year Annual Exceedance
Probability stormwater event prior to discharging into drainage infrastructure within the
adjacent road reserves. A defined overflow path will be provided for the major 100 year ARI
event.
Sewer
The Amendment Area will connect to a 300mm diameter gravity sewer line that will be
located in the adjacent Anstey Road reserve. This 300mm sewer line is being constructed as
part of the Anstey Keane Precinct works and includes a waste water pump station being
installed to the north-east (within the Anstey Road East cell). Construction works for this
infrastructure is scheduled to be completed by the end of 2020, prior to the rezoning of the
site.
DEVELOPMENT SERVICES 64 15 JUNE 2020
COMMITTEE - Scheme Amendments COUNCIL MEETING 22 JUNE 2020
Water Supply
Water Corporation information shows that the Amendment Area can be provided with a
reticulated water connection by way of a small extension to an existing 100mm diameter
water distribution main located adjacent to the site, within the Anstey Road reserve.
Power Supply
Power supply can be provided to the subject sites via connections to the existing overhead
power lines located on the north-western side of Anstey Road or the north side of Armadale
Road. It is expected that as a condition of future development approval, the developer will be
responsible for the undergrounding of the power line adjacent to the Amendment Area.
Gas Supply
An existing Medium Pressure gas main is located within the Armadale Road reserve, abutting
the subject site and only a minor extension of the main is require to provide a gas supply to
the site.
ANALYSIS
Town Planning Scheme No.4
Current Zoning: Urban Development zone
Amendment 102: DCA No.4 Anstey Keane Precinct
Special Control Area Map 1 (SCA 1): Lot 301 abuts but is not within 300m buffer for
Dampier-Bunbury Natural Gas Pipeline
Special Control Area Map 2 (SCA 2): The site is indicated within a few hundred metres of
Forrestdale Lake (SCA 2 indicates a former EPA
Groundwater Environmental Management Area
which has been superceded and no longer exists)
Special Control Area Map 3 (SCA 3): Development Area 51
Proposed Zoning: Local Centre zone.
Remove Lots 3 and 301 from DA 51.
Clause 4.2.5 of TPS No.4 establishes the key objective of the ‘Local Centre’ zone as:
a) To provide for a limited range of shopping and community services to meet the day-to-
day needs of individual neighbourhoods.
b) To ensure the design and landscaping of development provides a high standard of
safety and amenity and contributes towards a sense of place and community within the
local neighbourhood.
Under Schedule 12 of TPS No.4 Development Area 51 requires a Structure Plan to be
approved prior to development occurring on land within the Anstey-Keane Precinct. Structure
Plans are already approved for the south west and eastern portions of the precinct and a
structure plan has been prepared, and is with the WAPC for approval, for the north eastern
portion of the precinct (abutting the northern boundaries of Lots 3 and 301). Only the strip of
lots fronting Armadale Road (including Lots 3 and 301) do not have a Structure Plan in place
to date. Removal of Lots 3 and 301 from DA 51, along with the change of zoning, will
remove the requirement for a Structure Plan to be in place prior to development of the two (2)
lots and road access is already available to the two (2) lots via Anstey Road and the Armadale
Road Access Road.
DEVELOPMENT SERVICES 65 15 JUNE 2020
COMMITTEE - Scheme Amendments COUNCIL MEETING 22 JUNE 2020
Development Approval will be required prior to development to provide a more detailed
Plan.
Amendment 102 to TPS 4 – Development Contribution Plan No. 4 Anstey Keane Precinct
Lot 3 Armadale Road and Lot 301 Anstey Road are also subject to proposed Amendment
102, which will introduce the requirement for development contributions for development
and subdivision within the Anstey Road Urban Precinct. Amendment 113 will not modify
any of the provisions proposed in Amendment 102 or the boundary of the Development
Contribution Plan area (DCP No.4) with regard to Lots 3 and 301 and the land will still be
subject to the requirements of DCP No.4.
Dampier-Bunbury Natural Gas Pipeline Buffer
The proposal will be referred to the Pipeline Managers as part of the advertising process but it
is not expected that the pipeline location will impose any constraint on the development as
the subject site is outside the buffer area.
Forrestdale Lake
The site is approximately 320 metres from Forrestdale Lake. The proposed amendment does
not necessitate an environmental assessment with regard to this issue. However, a number of
technical studies and management plans will be required as part of the Development
Application process to ensure the wetland and groundwater resources are not impacted by
any future proposed land use. These may include, for example, a Hazardous Material/Spill
Management Plan and Drainage Management Strategy depending on the ultimate land use.
Development Area 51 SCA Map 3
It is necessary to remove the subject lots from Development Area 51 in order to allow
development of the Local Centre to occur without the need for preparation of a structure plan
over the subject lots and adjacent lots fronting Armadale Road. Preparation of a structure
plan for this portion of the Anstey Keane Precinct has not commenced to date and due to the
fragmented land ownership in this part of the precinct it may be several years.
The desirability of allowing and encouraging the creation of a commercial hub in the precinct
early in the precinct’s development supports the proposed rezoning of the subject land to
Local Centre zone and the concurrent removal of the lots from Development Area 51.
City of Armadale Local Planning Strategy (Activity Centres Planning Strategy)
The City’s existing Local Planning Strategy (LPS) was endorsed in December 2016 and sets
out the objectives and recommended actions associated with the future development of the
City. The City’s Activity Centres Planning Strategy 2012 (ACPS) is incorporated as part of
the LPS and specifically deals with the development or expansion of activity/shopping
centres. throughout the City of Armadale. The ACSP identifies that there needs to be
flexibility to respond to unforeseen opportunities for new or expanded centres.
A new Retail and Commercial Centres Strategy (RCCS) is currently being prepared for the
whole of the City of Armadale in preparation for a review of the LPS. Neither the existing
Strategy nor the draft RCCS identify any proposed centres in the Anstey Keane Urban
Precinct. The draft RCCS will be referred to Council for consideration in July or August
2020.
DEVELOPMENT SERVICES 66 15 JUNE 2020
COMMITTEE - Scheme Amendments COUNCIL MEETING 22 JUNE 2020
The residents of Forrestdale have been advocating for a local shop to be developed in the area
for some time now. There is a property directly opposite the subject site on the southern side
of Armadale Road within the Forrestdale townsite that has been zoned Local Centre for many
years. This Local Centre site is owned by the State Government and there have been attempts
by the State Government to dispose of the property by sale in the past. However, the sale did
not occur and there haven’t been any proposals to develop the site.
In the case of the existing 2012 Strategy, the Anstey Keane Urban Precinct was not at the
time contemplated so there was not any identified need for a centre in that location. With the
draft RCCS the identification of future centres in new growth areas has been based on the
intentions shown in adopted and proposed structure plans for the new areas.
The existing structure plans for the Anstey Keane Precinct do not identify any commercial
centres and to date the portion of the Anstey Keane Precinct containing the subject site does
not have a structure plan either in place or in preparation. The Draft Structure Plan for the
eastern portion of the Anstey Keane Precinct includes a small area of Industrial Business
zone on Keane Road that will provide a transitional interface to the adjoining Forrestdale
Business Park. Shops are a land use that can be considered under the Industrial Business zone
along with other low key service industrial type land uses. This will be approximately 1.7
kilometres from the Local Centre proposed by Amendment 113. The Draft Structure Plan for
the eastern portion of the Anstey Keane Precinct is currently with the WAPC for
determination.
Given the location of the subject site on the corner of Anstey and Armadale Roads and with
Anstey Road proposed to be the main neighbourhood connector road in the precinct it is
considered that the subject site would be the most likely location for a commercial centre
when a structure plan is prepared for that portion of the precinct.
If the subject land is rezoned to Local Centre there is the opportunity to include the centre in
the draft RCCS prior to the Strategy being adopted by Council.
State Planning Policy 4.2: Activity Centres for Perth and Peel
State Planning Policy 4.2 (SPP4.2) sets out the broad planning requirements for the planning
and development of new activity centres throughout Perth and Peel. SPP4.2 acknowledges
that local centres are community focal points that play an important role in providing
walkable access to services and facilities for communities, providing for the daily to weekly
household shopping and community needs. This includes the smaller local centres such as
delicatessens and convenience stores that provide for the day-to-day needs of local residents.
SPP 4.2 itself is generally silent of the delivery of local (and neighbourhood) centres other
than stating that these centres should be recognised in local planning strategies and also in
structure plans for new urban areas.
DEVELOPMENT SERVICES 67 15 JUNE 2020
COMMITTEE - Scheme Amendments COUNCIL MEETING 22 JUNE 2020
As outlined in the section of the City’s existing and proposed retail strategies above, none of
the existing or proposed structure plans have provided for a local centre in the Anstey Keane
Precinct. Therefore, the proposed Scheme Amendment will address the need for a local
convenience centre to provide a community hub for the precinct. Marketing of the new Cedar
Woods residential estate within the Anstey Keane Precinct has already commenced and the
knowledge that there may be a local centre in the precinct will assist with attracting
purchasers to the estate.
Local Planning Policy PLN 5.1 Highway Development (PLN 5.1)
PLN 5.1 aims to control the development of land along all Primary Distributor Roads in the
interests of maintaining and improving their efficiency and safety. PLN 5.1 applies to
development, structure plans and scheme amendments on land abutting those roads identified
as a Primary Distributor Road or on roads likely to achieve this status in the road hierarchy
(Armadale Road, Albany Highway, Brookton Highway and South Western Highway are
currently Primary Distributor Roads).
The Policy objectives are:
a) To encourage the uninterrupted movement of traffic.
b) To minimise conflicts between traffic passing, entering or leaving a property.
c) To minimise conflicts between pedestrians and motor vehicles.
The table below sets out the development criteria/policy provisions contained in PLN 5.1 and
demonstrates how the proposal meets those requirements. It should be noted however that the
policy requirements relate particularly to land use and development and will be
predominantly assessed at Development Application stage rather than at the rezoning stage.
Policy Provision Proposal Compliance
Only “P” (Permitted) land uses will be
approved unless there is an alternative means
of access from a lower order road.
“Convenience Store” is a “D” (Discretionary)
land use and “Service Station” is an “A
(Discretionary – Advertising required) land use
in the Local Centre Zone. There is access
available to the site from a lower order road
being Anstey Road.
The City may give consideration to
Discretionary uses (“D” and “A” uses) in a
zone but these uses will only be approved on
the basis that they would not compromise the
objectives of the zone and are, in the opinion
of the City equal or lesser traffic generators
than uses permitted (“P” uses) in the zone.
Under the Zoning Table in TPS No.4 in the Local
Centre zone a large range of land uses are listed
as “P” (Permitted) including Shop, Medical
Centre, Child Care Centre, Lunch Bar, Office
and Restaurant among others. A Service Station
and Convenience store could be said to be similar
traffic generators as some of the above Permitted
uses but are unlikely to be lesser traffic
generators. However, given the site will have
alternate access from a lower order road it is
considered that these uses could be considered on
Lot 3 and 301.
The City may require cross easements and
reciprocal rights of carriageway agreements
where appropriate.
Not required for this proposal as direct road
access is available.
The City will need to be satisfied on the
following points before determining any
application:
These requirements would be addressed
specifically at Development Application stage.
DEVELOPMENT SERVICES 68 15 JUNE 2020
COMMITTEE - Scheme Amendments COUNCIL MEETING 22 JUNE 2020
Policy Provision Proposal Compliance
a) Whether the development would
inordinately restrict the movement of
vehicles along the highway frontage or on
side entrance roads;
b) Whether vehicular access to the property
could be provided from an alternative road
or route to the highway, and whether it
would be desirable to so require;
c) Whether, in respect of shopping
development or any other activity likely to
attract pedestrians, suitable setback
distances or other barriers or facilities will
be provided to prevent conflict between
pedestrians and motor vehicles; and
d) Whether the amenity of surrounding
properties would be significantly affected
by the proposed development.
Convenience retail and Service Stations are more
likely to be financially viable if they are located
on major roads that will provide the benefit of
passing traffic.
OPTIONS
1. Council may initiate the Scheme Amendment as proposed and advertise the amendment
for a period of 42 days.
2. Council may decline the initiation of the Scheme Amendment if it considers the
proposed rezoning to be contrary to the orderly and proper planning of the area or for
any other reason.
CONCLUSION
The amendment proposes to rezone Lot 3 Armadale Road and Lot 301 Anstey Road from Urban
Development zone to Local Centre zone and removal of the two (2) lots from Development
Area 51 on Special Control Area Map 3. This will enable the development of a small local
centre in the short term future to provide a community hub for the developing Anstey Keane
Precinct. The Local Centre would will also provide a significant benefit in terms of access to
convenience retail for the existing residents of Forrestdale including the Forrestdale townsite.
The small size of the centre and the isolation of the Anstey Keane Precinct from other residential
areas in Harrisdale and Piara Waters means that it will not compromise the viability of other
centres existing or proposed within the area. This is supported by the results of the Retail
Sustainability Analysis provided with the application.
Following the closure of the advertising period, the proposed amendment and any
submissions received during the advertising period will be forwarded to Council for its
consideration of final adoption.
Given the above, Option 1 is recommended.
DEVELOPMENT SERVICES 69 15 JUNE 2020
COMMITTEE - Scheme Amendments COUNCIL MEETING 22 JUNE 2020
ATTACHMENTS
1.⇩ Site Plan - TPS No.4 - Amendment No.113
2.⇩ Architectural Concept Plan - TPS No.4 - Amendment No.113
3.⇩ Existing and Proposed Zoning Plan - TPS No.4 - Amendment No.113
RECOMMEND D39/6/20
That Council:
1. Pursuant to Part 5 of the Planning and Development Act 2005, initiate Amendment
No. 113 to Town Planning Scheme No.4 as a ‘Standard Amendment’ in accordance
with Part 5, Clause 34 – Standard Amendment, subsection (a), (e), (f) and (g) of
the Planning and Development (Local Planning Schemes) Regulations 2015 to:
a) Amend the Scheme maps to rezone Lot 3 Armadale Road and Lot 301
Anstey Road, Forrestdale from “Urban Development” to “Local Centre”;
and
b) Amending Special Control Are Map No. 3 by amending the boundary of
Development Area 51 to exclude Lot 3 Armadale Road and Lot 301 Anstey
Road, Forrestdale.
2. Refers the above Amendment to Town Planning Scheme No.4 to the Environmental
Protection Authority (EPA) pursuant to section 81 of the Planning and Development
Act 2005. Should the EPA advise that the amendment does not require assessment,
advertise the amendment for a period of 42 days.
3. Authorise the Mayor and the Chief Executive Officer to execute the Amendment
documents.
4. Forward a copy of the amendment to the Western Australian Planning Commission
for information.
5. Advise the applicant of the above decision.
Moved Cr C Frost
MOTION CARRIED (7/0)
DEVELOPMENT SERVICES 70 15 JUNE 2020
COMMITTEE – Miscellaneous COUNCIL MEETING 22 JUNE 2020
4.1 - PANEL OF PRE-QUALIFIED SUPPLIERS PPS/2/20 FOR DESIGN REVIEW
PANEL
WARD
: ALL In Brief:
At its meeting in April 2020, Council
appointed Stephen Carrick from Stephen
Carrick Architects Pty Ltd to fill one of
two Design Review Panel positions for
Architecture.
Stephen Carrick was appointed at a rate of
$250/per hour when the tender presented a
rate at $240/per hour. Stephen Carrick has
been contacted and concur that the hourly
rate should be $240/per hour.
Recommend that Council set aside its
approval to appoint Stephen Carrick at a
rate of $250/per hour and instead appoint
Stephen Carrick for a rate of $240/per
hour.
FILE No.
: M/257/20
DATE
: 27 May 2020
REF
: SF
RESPONSIBLE
MANAGER
: EDDS
Tabled Items
Nil.
Decision Type
☐ Legislative The decision relates to general local government legislative functions such as
adopting/changing local laws, town planning schemes, rates exemptions, City
policies and delegations etc.
Executive The decision relates to the direction setting and oversight role of Council.
☐ Quasi-judicial The decision directly affects a person’s rights or interests and requires
Councillors at the time of making the decision to adhere to the principles of
natural justice.
Officer Interest Declaration
Nil.
Strategic Implications
2.2.1 Deliver attractive and functional streetscapes, open spaces, City buildings and
facilities.
2.2.3 Revitalise existing neighbourhoods whilst retaining the character of places.
2.5.1 Implement and administer the City’s Town Planning Scheme and Local Planning
Strategy to deliver quality outcomes.
Legal Implications
Local Government Act 1995 - Section 3.57 Tenders for providing goods and services
Local Government (Function and General) Regulations 1996 - Division 2, tenders for
providing goods and services
Councillor Shaw disclosed a non-financial interest as she has a professional association with the
panel member, but declared that she would set aside this association, consider the matter on its
merits and vote accordingly.
DEVELOPMENT SERVICES 71 15 JUNE 2020
COMMITTEE – Miscellaneous COUNCIL MEETING 22 JUNE 2020
Council Policy/Local Law Implications
City of Armadale Local Planning Strategy (2016)
Town Planning Scheme No.4
Council Policy ADM 19 – Procurement of Goods and Services
Code of Conduct
Budget/Financial Implications
There is adequate budget set aside in the 2019/20 financial year and proposed 2020/21
Budget for the operation of a Design Review Panel.
Consultation
Request for Panel of Pre-Qualified Suppliers PPS/2/20 was prepared in consultation with the
City’s Governance and Procurement Team and Development Services.
BACKGROUND
During February / March 2020 the City issued a Request for Panel of Pre-Qualified Suppliers
to seek a total of 8 suitably qualified professionals to make up the four faculties of the Design
Review Panel which is identified below:
Category A - Architect (2 positions)
Category B - Town Planner and/or Urban Designer (2 Positions)
Category C - Landscape Architect (2 Positions)
Category D - Heritage Architect (2 Positions)
Following the closure of the request, conforming submissions were received for Category A
(Architect) and Category B (Town Planner and/or Urban Designer). At its meeting in April
2020, Council resolved to:
1. Appoint Stephen Carrick Architecture Pty Ltd (Stephen Carrick @ $250 per hour) and
Hocking Planning and Architecture Pty Ltd (Dinah Mujati @ $200 per hour) for the
Architecture Panel (Category A) for a period of two years in accordance with the
Terms and Conditions of the Design Review Panel.
2. Appoint Mackay Urban Design (Malcolm Mackay @ $250 per hour) and UDLA Pty
Ltd (Scott Lang @ $250 per hour) for the Town Planning and Urban Design Panel
(Category B) for a period of two years in accordance with the Terms and Conditions of
the Design Review Panel.
3. Authorise the Chief Executive Officer to complete, sign and issue the contract for the
above appointments.
4. Note that the City will re-advertise for Landscape Architecture (Category C) and
Heritage Architecture (Category D) with the hourly rate for the Heritage Architect
increased to $200 per hour.
DEVELOPMENT SERVICES 72 15 JUNE 2020
COMMITTEE – Miscellaneous COUNCIL MEETING 22 JUNE 2020
DETAILS OF PROPOSAL
During the process of preparing contracts to issue to successful Panel Members, the City
identified that the submission received for Stephen Carrick from Stephen Carrick Architects
Pty Ltd identified a rate of $240 per hour. An administrative error was made in the previous
report where a rate of $250 per hour was recommended. This proposal aims to rectify this
administrative error and appoint Stephen Carrick from Stephen Carrick Architects Pty Ltd for
$240 per hour.
COMMENT
The proposal is required to appoint Stephen Carrick to the Design Review Panel at a rate of
$240 per hour as per the tender submission received. The proposal will ensure that fairness is
applied to the appointment of Design Review Panel Members with hourly rates reflecting the
submissions received during the tender process.
The first phase of appointing the Design Review Panel will be completed by the above
recommendation by completing the appointment of two Architects and two Planners for the
panel. The City is currently advertising for two Landscape Architects and two Heritage
Architects. This is likely to go before Council with recommendation at its July 2020 meeting.
OPTIONS
1. Reaffirm its current decision by appointing Stephen Carrick from Stephen Carrick
Architects Pty Ltd to the Design Review Panel at a rate of $250 per hour; or
2. Set aside its previous decision made at the Council meeting on the 14th April 2020 to
appoint Stephen Carrick from Stephen Carrick Architects Pty Ltd at a rate of $250 per
hour and instead appoint at a rate of $240 per hour.
CONCLUSION
The setting aside of Council’s previous decision to appoint Stephen Carrick from Stephen
Carrick Architects at a rate of $250 per hour and instead appoint Stephen Carrick at a rate of
$240 per hour is supported to correct an administrative error. Accordingly, Option No.2 is
recommended.
ATTACHMENTS
There are no attachments for this report.
RECOMMEND D40/6/20
That Council in regard to Panel of Pre-Qualified Suppliers PPS/2/20 for Design Review
Services set aside its approval to appoint Stephen Carrick at a rate of $250/per hour
and instead appoint Stephen Carrick for a rate of $240/per hour.
Moved Cr C M Wielinga
MOTION CARRIED (7/0)
DEVELOPMENT SERVICES 73 15 JUNE 2020
COMMITTEE COUNCIL MEETING 22 JUNE 2020
COUNCILLORS’ ITEMS
Nil
DEVELOPMENT SERVICES 74 15 JUNE 2020
COMMITTEE - Executive Director's Report COUNCIL MEETING 22 JUNE 2020
6.1 - WALGA PERFORMANCE MONITORING REPORT - 2018/19 REPORT
At the DSC Meeting on 18 June 2019 the Executive Director Development Services
presented to Committee a report on WALGA’s Performance Monitoring Report 2017/18 for
the City of Armadale. The City has recently received the WALGA’s Performance Monitoring
Report 2018/19 and a brief summary on the City’s performance was provided via memo to
Councillors on 6 May 2020.
The Growth Alliance Perth and Peel (GAPP) Local Governments initiated this project with
WALGA to develop a suite of performance indicators to measure how well Local
Government is managing its planning and development functions. This report provides
information collected from the third year of the project. The number of Local Governments
participating in the Project has increased from the original 11 in the first year of the project to
26 this year. Local Governments are also grouped by type, to enable more meaningful
comparison, and the City is included in the ‘Fringe Growth’ category in recognition that it is
a ‘growth’ Council.
Overall, the City has performed exceptionally well, performing above the industry average in
most categories against the Benchmark Local Governments in the survey. A summary of the
key benchmark criteria and the City’s performance is listed below:
• The City of Armadale is one of only 10 Local Governments surveyed that has a current
Local Planning Strategy with a strong strategic alignment with State Government Policies
and the City’s Strategic Community Plan.
• Number of Scheme Amendments Finalised - Survey Average 3, CoA 6. The City is also
managing its Scheme Amendments within the statutory timeframes.
• The City of Armadale has 9 other related Strategies supporting its land use planning
functions, well above the average.
• % of All Applications determined within Statutory Timeframes - Survey average 93%,
CoA 95%.
• % of Development Applications determined within Statutory Timeframes - Survey
average 82%, CoA 87%.
• % of Subdivision Referrals completed within timeframe - Survey average 83%, CoA 94%.
• % of Building Applications determine within Statutory Timeframes - Survey average
97%, CoA 98%.
In addition to the above, the City will be commencing this year the preparation of a new
Local Planning Strategy and Town Planning Scheme No.5 to align these planning documents
with the City’s Strategic Community Plan which is also currently under review. Council
supported this initiative at its 31st May 2020 Council meeting.
The results of the above survey indicate the City’s continued commitment to providing
excellent customer service to the community and industry in the areas of Planning and
Building services. The City will work to maintain and improve its performance moving
forward.
DEVELOPMENT SERVICES 75 15 JUNE 2020
COMMITTEE - Executive Director's Report COUNCIL MEETING 22 JUNE 2020
6.2 – DWA – NORMALISATION APPROACHES
The EDDS briefly outlined that the City has been advised by DevelopmentWA it had
received legal advice which advised that their proposed approach to normalisation was not
able to occur and that there is a need to establish alternative approaches to normalisation of
the Project areas, which meant that the DevelopmentWA’s target normalisation dates would
be delayed. One of the possible solutions is for the City to initiate a number of new scheme
amendments and policy changes. The City’s officers are currently investigating the
implications.
MEETING DECLARED CLOSED AT 8.38 PM
DEVELOPMENT SERVICES 76 15 JUNE 2020
COMMITTEE
DEVELOPMENT SERVICES COMMITTEE
SUMMARY OF ATTACHMENTS 15 JUNE 2020
ATT
NO.
SUBJECT
1.1 DEVELOPMENT APPLICATION - PROPOSED PLACE OF WORSHIP - LOT 201
(NO.31) ARMSTRONG ROAD, KELMSCOTT
1.1.1 Site Plan - Lot 201 Armstrong Road, Kelmscott
1.1.2 Elevations Plan - Lot 201 Armstrong Road, Kelmscott
1.1.3 Floor Plan - Lot 201 Armstrong Road, Kelmscott
1.1.4 Roof Plan - Lot 201 Armstrong Road, Kelmscott
1.1.5 Landscape Concept Plan - Lot 201 Armstrong Road, Kelmscott
1.1.6 Details Plan - Lot 201 Armstrong Road, Kelmscott
1.1.7 Concept Plan - Armstrong Rd/Brookton Hwy Intersection - Lot 201 Armstrong Road,
Kelmscott
1.1.8 Photograph 1 - Lot 201 Armstrong Road, Kelmscott
1.1.9 Photograph 2 - Lot 201 Armstrong Road, Kelmscott
1.1.10 Artists Impression 1 - Lot 201 Armstrong Road, Kelmscott
1.1.11 Artists Impression 2 - Lot 201 Armstrong Road, Kelmscott
1.1.12 Artists Impression 3 - Lot 201 Armstrong Road, Kelmscott
1.1.13 Schedule of Submissions - Lot 201 Armstrong Road Kelmscott
2.1 STRUCTURE PLAN RECOMMENDATION TO WAPC - LOT 9006 REILLY ROAD
AND LOT 9005 WRIGHT ROAD, HARRISDALE
2.1.1 Site Plan - Lot 9006 Reilly Road, Harrisdale
2.1.2 Structure Plan - Lot 9006 Reilly Road, Harrisdale
2.1.3 Schedule of Submissions - Reilly Road Structure Plan
2.1.4 Local Government - Schedule of Modifications - Reilly Road Structure Plan
2.1.5 North Forrestdale Structure Plan 1 - Lot 9006 Reilly Road, Harrisdale
2.1.6 North Forrestdale Structure Plan 2 - Lot 9006 Reilly Road, Harrisdale
2.1.7 District Structure Plan 1 - Lot 9006 Reilly Road, Harrisdale
2.1.8 District Structure Plan 2 - Lot 9006 Reilly Road, Harrisdale
2.1.9 Subdivision Concept Plan 1 - Lot 9006 Reilly Road, Harrisdale
2.1.10 Subdivision Concept Plan 2 - Lot 9006 Reilly Road, Harrisdale
2.1.11 Concept Context Plan - Lot 9006 Reilly Road, Harrisdale
2.1.12 Landscape Concept Plan - Lot 9006 Reilly Road, Harrisdale
2.1.13 Southern POS Landscape Concept Plan - Lot 9006 Reilly Road, Harrisdale
2.2 PROPOSED LOCAL PLANNING POLICY PLN 4.1 THE DESIGN OF INDUSTRIAL
ESTATES
2.2.1 PLN 4.1 - The Design of Industrial Estates - Policy final with edits
2.2.2 PLN 4.1 - The Design of Industrial Estates - Policy final without edits
2.2.3 PLN 4.1 - The Design of Industrial Estates - Overview of Submissions Table
3.1 AMENDMENT NO.113 TO TPS 4 - REZONING LOT 3 ARMADALE RD & LOT 301
ANSTEY RD FORRESTDALE FROM URBAN DEVELOPMENT ZONE TO LOCAL
CENTRE ZONE
3.1.1 Site Plan - TPS No.4 - Amendment No.113
3.1.2 Architectural Concept Plan - TPS No.4 - Amendment No.113
3.1.3 Existing and Proposed Zoning Plan - TPS No.4 - Amendment No.113
The above attachments can be accessed from the Minutes of the Development Services
Committee meeting of 15 June 2020 available on the City’s website.
CITY OF ARMADALE
MINUTES
OF CORPORATE SERVICES COMMITTEE HELD IN THE FUNCTION ROOM,
ADMINISTRATION CENTRE, 7 ORCHARD AVENUE, ARMADALE ON TUESDAY,
16 JUNE 2020 AT 7:00PM.
PRESENT: Cr JH Munn CMC (Chair)
Cr C A Campbell JP (Deputy Chair)
Cr H Jones
Cr E Flynn
Cr K Busby
Cr C Frost
Cr G Nixon
APOLOGIES: Nil
OBSERVERS: Cr S Peter via MS Teams
Cr R Butterfield via MS Teams
IN ATTENDANCE: Ms J Abbiss Chief Executive Officer
Mr J Lyon Executive Director Corporate Services
Mr P Sanders Executive Director Development Services via MS Teams
Mr K Ketterer Executive Director Technical Services
Mrs Y Loveland Executive Director Community Services via MS Teams
Mrs F Baxter Executive Manager Corporate Services via MS Teams
Ms L Jarosz Executive Assistant Community Services via MS Teams
PUBLIC: Nil
“For details of Councillor Membership on this Committee, please refer to the City’s website
– www.armadale.wa.gov.au/your council/councillors.”
CORPORATE SERVICES 78 16 JUNE 2020
COMMITTEE COUNCIL MEETING 22 JUNE 2020
DISCLAIMER
As there were no members of the public present the Disclaimer for protecting Councillors and
staff from liability of information and advice given at Committee meetings was not read.
DECLARATION OF MEMBERS’ INTERESTS
Nil
QUESTION TIME
Nil
SUSPENSION OF RELEVANT MEETING PROCEDURES (STANDING ORDERS)
LOCAL LAW
The following clause in the City of Armadale’s Meeting Procedures (Standing Orders) Local
Law cannot be complied with when conducting an eMeeting. As there are Councillors and
Officers in attendance via MS Teams during this meeting, the below clause is required to be
suspended for the conduct of this Meeting.
RECOMMEND
That Council suspend the operation of the following clauses:
(i) Clause 8.6 (3) – Prevention of Disturbance (use of mobile telephones)
of the City of Armadale Standing Orders Local Law for the duration of this
meeting and that these matters be determined at the discretion of the Presiding
Member.
Moved Cr C A Campbell
MOTION CARRIED (7/0)
DEPUTATION
Nil
CORPORATE SERVICES 79 16 JUNE 2020
COMMITTEE COUNCIL MEETING 22 JUNE 2020
CONFIRMATION OF MINUTES
RECOMMEND
Minutes of the Corporate Services Committee Meeting held on 18 May 2020 be
confirmed.
Moved Cr K Busby
MOTION CARRIED (7/0)
ITEMS REFERRED FROM INFORMATION BULLETIN
None of the items from the Information Bulletin required clarification or a report for a
decision of Council.
CORPORATE SERVICES 80 16 JUNE 2020
COMMITTEE COUNCIL MEETING 22 JUNE 2020
CONTENTS
CORPORATE SERVICES COMMITTEE
16 JUNE 2020
1. FINANCIAL MANAGEMENT & PLANNING
1.1 LIST OF ACCOUNTS PAID - MAY 2020 .................................................................................... 81
1.2 STATEMENT OF FINANCIAL ACTIVITY - MAY 2020 ........................................................... 84
1.3 **ADOPTION OF VALUE FOR REPORTING MATERIAL VARIANCES...............................87
2. GOVERNANCE & ADMINISTRATION
2.1 DELEGATIONS AND POLICY REVIEW ...................................................................................92
3. MISCELLANEOUS
3.1 NATIONAL GROWTH AREAS ALLIANCE NGAA UPDATE ..................................................97
4. COUNCILLORS’ ITEMS
NIL .......................................................................................................................................................... 103
5. CHIEF EXECUTIVE OFFICER’S REPORT
NIL .......................................................................................................................................................... 105
6. EXECUTIVE DIRECTOR’S REPORT
NIL .......................................................................................................................................................... 103
SUMMARY OF ATTACHMENTS ........................................................................................................... 106
CORPORATE SERVICES 81 16 JUNE 2020
COMMITTEE - Financial Management & Planning COUNCIL MEETING 22 JUNE 2020
1.1 - LIST OF ACCOUNTS PAID - MAY 2020
WARD
: ALL In Brief:
The Report presents, pursuant to
Regulation 13(1), (3) and (4) of the Local
Government (Financial Management)
Regulations 1996, the List of Accounts
paid for the period 1 May to 30 May 2020
as well as the credit card statements for
April 2020.
FILE No.
: M/291/20
DATE
: 26 May 2020
REF
: FB
RESPONSIBLE
MANAGER
: Executive Director
Corporate Services
Tabled Items
Nil
Decision Type
☐ Legislative The decision relates to adopting/changing local laws, town planning
schemes, and City policies.
☒ Executive The decision relates to the direction setting and oversight role of
Council.
☐ Quasi-judicial The decision directly affects a person’s rights or interests and
requires Councillors at the time of making the decision to adhere to
the principles of natural justice.
Officer Interest Declaration
Nil
Strategic Implications
4. Leadership
4.3.1.1 Implement the Annual Budget as derived from the Corporate Business Plan
Legal Implications
Section 6.10 (d) of the Local Government Act 1995 refers, i.e.
6.10. Financial management regulations
Regulations may provide for —
(d) the general management of, and the authorisation of payments out of —
(i) the municipal fund; and
(ii) the trust fund,
of a local government.
Regulation 13(1), (3) & (4) of the Local Government (Financial Management) Regulations
1996 refers, ie.
13. Lists of Accounts
CORPORATE SERVICES 82 16 JUNE 2020
COMMITTEE - Financial Management & Planning COUNCIL MEETING 22 JUNE 2020
(1) If the local government has delegated to the CEO the exercise of its power to
make payments from the municipal fund or the trust fund, a list of accounts paid
by the CEO is to be prepared each month showing for each account paid since
the last such list was prepared —
(a) the payee’s name;
(b) the amount of the payment;
(c) the date of the payment; and
(d) sufficient information to identify the transaction.
(3) A list prepared under subregulation (1) is to be —
(a) presented to the council at the next ordinary meeting of the council after the
list is prepared; and
(b) recorded in the minutes of that meeting.
(4) After the list referred to in subregulation (1) has been prepared for a month the
total of all other outstanding accounts is to be calculated and a statement of that
amount is to be presented to the council at the meeting referred to in
subregulation (3)(a).
Council Policy/Local Law Implications
Nil
Budget/Financial Implications
All accounts paid have been duly incurred and authorised for payment as per approved
purchasing and payment procedures.
Consultation
Nil
BACKGROUND
Pursuant to Section 5.42 of the Local Government Act 1995 (Delegation of some powers and
duties to CEO), Council has resolved to delegate to the CEO (Primary Delegation No: 150
refers) the exercise of its powers to make payments from the municipal and trust funds.
COMMENT
The List of Accounts paid for the period 1 May to 30 May 2020 is presented as an attachment
to this report as well as the credit card statements for April 2020.
ATTACHMENTS
1.⇩ List of Payments May 2020
CORPORATE SERVICES 83 16 JUNE 2020
COMMITTEE - Financial Management & Planning COUNCIL MEETING 22 JUNE 2020
RECOMMEND CS23/6/20
That Council note the List of Accounts paid as presented in the attachment to this
report and summarised as follows:
Municipal Fund
Accounts paid totalling $8,055,714.02 on Batch 2498-2508, 2510, Direct Debits &
PY01.23-PY01.24
Trust Fund
Accounts paid totalling $80.00 on Batch 2509
Credit Card
Accounts Paid totalling $3,486.59 for the period ended April 2020.
Moved Cr G Nixon
MOTION CARRIED (7/0)
CORPORATE SERVICES 84 16 JUNE 2020
COMMITTEE - Financial Management & Planning COUNCIL MEETING 22 JUNE 2020
1.2 - STATEMENT OF FINANCIAL ACTIVITY - MAY 2020
WARD
: ALL In Brief:
This Report presents the City’s Monthly
Financial Report for the eleven (11) month
period ended 31 May 2020.
The Report recommendation is to accept the
Financial Report noting there are reportable
actual to budget material variances for the
period.
FILE No.
: M/301/20
DATE
: 28 May 2020
REF
: FB
RESPONSIBLE
MANAGER
: Executive Director
Corporate Services
Tabled Items
Nil
Decision Type
☐ Legislative The decision relates to adopting/changing local laws, town
planning schemes, and City policies.
☒ Executive The decision relates to the direction setting and oversight role of
Council.
☐ Quasi-judicial The decision directly affects a person’s rights or interests and
requires Councillors at the time of making the decision to adhere to
the principles of natural justice.
Officer Interest Declaration
Nil
Strategic Implications
4. Leadership
4.3.1.1 Implement the Annual Budget as derived from the Corporate Business Plan
Legal Implications
Local Government Act 1995 – Part 6 – Division 3 – Reporting on Activities and Finance
Local Government (Financial Management) Regulations – Part 4 – Financial Reports.
Council Policy/Local Law Implications
Nil
Budget/Financial Implications
The Statement of Financial Activity, as presented, refers and explains.
Consultation
Nil
CORPORATE SERVICES 85 16 JUNE 2020
COMMITTEE - Financial Management & Planning COUNCIL MEETING 22 JUNE 2020
BACKGROUND
A local government is required to prepare a statement of financial activity reporting on the
revenue and expenditure as set out in the annual budget for that month. The details in the
statement are those as prescribed and the statement is to be reported to Council.
COMMENT
Presented as an attachment is the Monthly Statement of Financial Activity for the eleven (11)
month period ended 31 May 2020.
For the purposes of reporting material variances from the Statement of Financial Activity,
indicators, as resolved by Council, have been applied.
These indicators are:
Revenue Material variances are identified where, for the period being reported, the actual varies
to the budget by an amount of (+) or (-) $100,000 and in these instances an explanatory
comment has been provided.
Expense Material variances are identified where, for the period being reported, the actual varies
to the budget by an amount of (+) or (-) $100,000 and in these instances an explanatory
comment has been provided.
For the purposes of explaining each Material Variance, a three part approach has been taken.
The parts are:
1. Period Variation
Relates specifically to the value of the Variance between the Budget and Actual figures
for the period of the report.
2. Primary Reason
Explains the primary reasons for the period Variance. As the report is aimed at a higher
level analysis, minor contributing factors are not reported.
3. Budget Impact
Forecasts the likely $ impact on the Annual Budget position. It is important to note that
figures in this part are ‘indicative only’ at the time of reporting, for circumstances may
subsequently change.
ATTACHMENTS
1.⇩ May 2020 - Monthly Financials
CORPORATE SERVICES 86 16 JUNE 2020
COMMITTEE - Financial Management & Planning COUNCIL MEETING 22 JUNE 2020
RECOMMEND CS24/6/20
That Council:
(i) pursuant to Regulation 34 of the Local Government (Financial Management)
Regulations 1996 (Financial Activity Statement Report) accepts the Statement of
Financial Activity for the eleven (11) month period ended 31 May 2020; and
(ii) notes there are reportable actual to budget material variances for the period.
Moved Cr C Frost
MOTION CARRIED (7/0)
CORPORATE SERVICES 87 16 JUNE 2020
COMMITTEE - Financial Management & Planning COUNCIL MEETING 22 JUNE 2020
**1.3 - ADOPTION OF VALUE FOR REPORTING MATERIAL VARIANCES
WARD
: ALL In Brief:
Each financial year Council is required to set
a value for reporting material variances in
monthly statements of financial activity;
This report recommends that the
values adopted by Council for the current
2019/20 financial year remain unchanged for
the coming 2020/21 financial year, i.e.
Revenues – Material variances will be
identified, where the actual varies to
budget by an amount of (+) or (-)
$100,000.
Expenses – Material variances will be
identified where the actual varies to
budget by an amount of (+) or (-)
$100,000.
This report also recommends that the
reporting thresholds for budget variations be
approved.
FILE No.
: M/288/20
DATE
: 25 May 2020
REF
: FB
RESPONSIBLE
MANAGER
: Executive Director
Corporate Services
Tabled Items
Nil
Decision Type
☐ Legislative The decision relates to adopting/changing local laws, town planning
schemes, and City policies.
☒ Executive The decision relates to the direction setting and oversight role of
Council.
☐ Quasi-judicial The decision directly affects a person’s rights or interests and
requires Councillors at the time of making the decision to adhere to
the principles of natural justice.
Officer Interest Declaration
Nil
Strategic Implications
4.1.2 Make decisions that are sound, transparent and strategic.
4.3.1 Prepare and implement short to long term financial plans
CORPORATE SERVICES 88 16 JUNE 2020
COMMITTEE - Financial Management & Planning COUNCIL MEETING 22 JUNE 2020
Legislation Implications
The Local Government Act 1995 states that:
2.7. Role of council
(1) The council —
(a) governs the local government’s affairs; and
(b) is responsible for the performance of the local
government’s functions.
(2) Without limiting subsection (1), the council is to —
(a) oversee the allocation of the local government’s finances
and resources; and
(b) determine the local government’s policies.
6.8. Expenditure from municipal fund not included in annual
budget
(1) A local government is not to incur expenditure from its
municipal fund for an additional purpose except where the
expenditure —
(a) is incurred in a financial year before the adoption of the
annual budget by the local government; or
(b) is authorised in advance by resolution*; or
(c) is authorised in advance by the mayor or president in an
emergency.
* Absolute majority required.
The Local Government (Financial Management) Regulations 1996 – Regulation 34 Clause 5
– states:
Each financial year, a local government is to adopt a percentage or value, calculated
in accordance with AAS (Australian Accounting Standards), to be used in statements of
financial activity for reporting material variances.
AASB 1031 (Australian Accounting Standards Board) relates to the issue of materiality.
Whilst there are a number of factors associated with materiality, the notion of materiality
influences whether an item or an aggregate of items is required to be recognised, measured or
disclosed in accordance with the requirements of an Australian Accounting Standard.
Council Policy/Local Law Implications
Nil
Budget/Financial Implications
Nil
Consultation
Accounting advisors
Other local governments
CORPORATE SERVICES 89 16 JUNE 2020
COMMITTEE - Financial Management & Planning COUNCIL MEETING 22 JUNE 2020
BACKGROUND
Each year Council is required to adopt a percentage or value for the purposes of reporting
material variances in the (Monthly) Financial Activity Statement. This value or percentage is
then used throughout the financial year to identify potential instances where actual revenues
and expenditures may not be in keeping with Council’s budget. The early identification of
potential budget variances can assist in better utilisation and allocation of Council funds and
resources.
For the current 2019/20 financial year, Council adopted the following material variance
factors:
i) Revenues – Material variances will be identified where, for each Management Area, for
the period being reported, the actual varies to budget by an amount of (+) or (-)
$100,000.
ii) Expenses – Material variances will be identified where, for each Management Area, for
the period being reported, the actual varies to budget by an amount of (+) or (-)
$100,000.
The values chosen are believed to provide a good indication of variances to budget that
require closer examination, and if necessary, remedial action. The values as proposed have
worked well for the identification of potential variances in the past, and are, from a financial
management perspective, felt to adequately serve the purpose for which they are resolved.
The Annual Budget is a financial estimate of expected revenues and expenditures and
inevitably, variations do arise largely due to economic factors. During the year, budget
variations may be necessary to reallocate budgets within services and manage the overall
financial position, or to respond to changes in the economy. This is a critical financial
management process that requires endorsement by the Council in the exercise of its duty
under s2.27(2)(a) of the Local Government Act 1995.
The following budget variation process map is submitted to Council for endorsement. The
circumstances in which a budget variation is submitted to Council is outlined in the process
and a general threshold of $80,000 is included.
CORPORATE SERVICES 90 16 JUNE 2020
COMMITTEE - Financial Management & Planning COUNCIL MEETING 22 JUNE 2020
Variations will be presented to Council for authorisation by “Absolute Majority” in
circumstances where a forcast variation requires a movement from:
Operating to Capital
Capital to Capital over $40,000
Capital to Operating
Operating to Operating for amounts greater than 5% or $80,000 (whichever is greater).
The proposed budget variation process map facilitate budget management at the Council and
officer level. Specific to capital works, where a capital to capital variation is requested, if the
capital works job is within the same sub program (for instance footpaths), then the respective
Director can amend the budget between capital jobs to accommodate variations for
unforeseen circumstances, up to $40,000. Importantly, this does not permit any new jobs or
extended scope of works beyond the scope which was originally approved.
COMMENT
Taking into account the commentary held in AASB 1031 (Materiality), the understood intent
for which the material variances values are intended to serve and the successful use of these
values from past financial years, it is proposed that the same values be used again in the
2020/21 financial year.
For instances where Budget Variations are required to accommodate business and operational
changes, the Budget Variation process will be applied.
CORPORATE SERVICES 91 16 JUNE 2020
COMMITTEE - Financial Management & Planning COUNCIL MEETING 22 JUNE 2020
ATTACHMENTS There are no attachments for this report.
RECOMMEND CS25/6/20
That Council, pursuant to Regulation 34(5) of the Local Government (Financial
Management) Regulations 1996, adopt the following values for reporting material
variances in the monthly Statements of Financial Activity during the 2020/21 financial
year, i.e.
1. Revenues - material variances will be identified where, for each Management
Area, for the period being reported, the actual varies to budget by an amount of
(+) or (-) $100,000.
2. Expenses - material variances will be identified where, for each Management
Area, for the period being reported, the actual varies to budget by an amount of
(+) or (-) $100,000.
3. Authorises the Chief Executive Officer to vary the budget, except in the following
circumstances, which require the proposed variations to be presented to Council
for authorisation by “Absolute Majority”
Capital to Operating
Operating to Capital
Capital to Capital (unless the value is less than $40,000, within the same sub
program and does not extend the original scope of works approved.
Operating to Operating for amounts greater than 5% or $80,000 (whichever
is greater).
Where no budget is provided for an additional purpose (s6.8 of the Local
Government Act 1995)
ABSOLUTE MAJORITY RESOLUTION REQUIRED
Moved Cr C A Campbell
MOTION CARRIED (7/0)
CORPORATE SERVICES 92 16 JUNE 2020
COMMITTEE - Financial Management & Planning COUNCIL MEETING 22 JUNE 2020
2.1 - DELEGATIONS AND POLICY REVIEW
WARD
: ALL In Brief:
A full review of the City’s Policy
Manual and delegations is currently
being undertaken.
This report proposes a systematic
approach and schedule for the review
of delegations and policies over the
next six months.
Recommend that Council adopt the
schedule to review Council delegations
and policies as detailed.
FILE No.
: M/282/20
DATE
: 19 May 2020
REF
: KD
RESPONSIBLE
MANAGER
: Executive Director
Corporate Services
Tabled Items
Nil
Decision Type
☐ Legislative The decision relates to general local government legislative
functions such as adopting/changing local laws, town planning
schemes, rates exemptions, City policies and delegations etc.
☒ Executive The decision relates to the direction setting and oversight role of
Council.
☐ Quasi-judicial The decision directly affects a person’s rights or interests and
requires Councillors at the time of making the decision to adhere to
the principles of natural justice.
Officer Interest Declaration
Nil
Strategic Implications
4.1 Visionary Civic Leadership and Sound Governance
4.1.2 Make Decisions that are sound, transparent and strategic
4.1.2.1 Implement policies and associated delegations to improve transparency
of decisions.
Legal Implications
Local Government Act 1995:
s2.7 - Role of the council
s5.41 - Functions of CEO
s5.42 - Delegation of some powers and duties to CEO
s5.43 - Limits on delegations to CEO
CORPORATE SERVICES 93 16 JUNE 2020
COMMITTEE - Governance & Administration COUNCIL MEETING 22 JUNE 2020
s5.44 - CEO may delegate powers and duties to other employees
s5.46 - Register of, and records relevant to, delegations to CEO and employees
Local Government (Administration) Regulations 1996:
r18G - Delegations to CEO’s limits on
r19 - Delegates to keep certain records
Interpretation Act 1984:
s53 - Appointments may be by name or office
s58 - Delegates, performance of functions by
s59 - Power to delegate, effect of
Council Policy/Local Law Implications
All Council Policies
All Local Laws
Budget/Financial Implications
Nil
Consultation
1. Governance and Administration
2. Executive Leadership Team
BACKGROUND
Under section 5.18 of the Local Government Act 1995, Council is required to undertake a
review of all delegations each financial year.
This has previously been facilitated by each directorate presenting their review of delegations
to their respective committees before being presented to Council.
This year in an attempt to consolidate processes and apply a consistent approach to the annual
review it was intended that the review would be facilitated by the Governance team and
undertaken in conjunction with the relevant directorates then presented Council via the
Corporate Services Committee.
As reported to Council on the 6 April the review of delegations had commenced. At that
meeting some delegations that needed attention were presented for review to ensure that
operational activities continue effectively, particularly with regards to the responding to any
actions required as a result of COVID-19. The report also indicated that the full review would
be presented to Council before the end of the financial year.
However, as the review has progressed it has highlighted the need to introduce
a systematic review that incorporates not only an opportunity for Council to provide
comment and seek further information outside of a formal council meeting environment, but
also analyse the relationship between the delegations with any related Policy.
Council has traditionally reviewed one third of its policies every year, enabling each policy to
be reviewed once every three years. However under the direction of the Chief Executive
Officer the Policy Manual is concurrently being reviewed in its entirety by an external
consultant, which will provide a completely new format and content.
CORPORATE SERVICES 94 16 JUNE 2020
COMMITTEE - Governance & Administration COUNCIL MEETING 22 JUNE 2020
This review is limited only to Council policies and does not include Local Planning Policies
of which the review if facilitated under a different process.
DETAILS OF PROPOSAL
Rather than rush these reviews in order to meet the requirement that delegations be reviewed
once every financial year and a third of the policies every year and given the numbers
of these this time, it is proposed that they be reviewed at a series of SOHAG meetings before
still being presented to Council via their respective Committees.
Round SOHAG
Wednesday
1 24/06/2020 (1pm - 3pm)
2
8/07/2020 (1pm - 3pm)
22/07/2020 (1pm - 3pm)
3
12/08/2020 (1pm - 3pm)
26/08/2020 (1pm - 3pm)
4
9/09/2020 (1pm - 3pm)
23/09/2020 (1pm - 3pm)
5
14/10/2020 (1pm - 3pm)
28/10/2020 (1pm - 3pm)
6 11/11/2020 (1pm - 3pm)
Due to the number of delegations and policies to be reviewed a risk assessment will be
undertaken to determine the order of precedence in which items will be presented to
SOHAG ensuring that where a delegation and policy relate to each other they are presented at
the same time. The risk assessment with take into consideration the following factors:
1. Delegations and/or policies considered to have legal implications on the City.
2. Delegations and/or policies considered to have operational implications on the
administration.
ANALYSIS
The City’s approach to reviewing delegations and policies has generally been decentralised
with each directorate responsible for presenting their own delegations and policies to their
respective Committee before being presented to Council.
After each Council meeting the delegations are consolidated into one delegations register and
policies into the policy manual.
CORPORATE SERVICES 95 16 JUNE 2020
COMMITTEE - Governance & Administration COUNCIL MEETING 22 JUNE 2020
Last year saw the City move delegations into Attain (The same system used for primary and
Annual Returns and Gifts) which resulted in some renumbering and a slightly different
appearance in the presentation of them to Council for review.
Since then the developers of Attain have undertaken further enhancements which has meant
that the appearance will be slightly different again this year, however the benefits of this is
that it provides more information on where the power to delegate comes from and what
exactly is being delegated.
Centralisation of the process through Governance will allow logistically for the inclusion of a
consultation session via SOHAG. Thus, providing Councillors with that opportunity to
discuss delegations and policies in more depth prior to being formally presented to Council
via their respective Committees.
While it is proposed that this review of delegations / policies (being a very comprehensive
review) be undertaken over a period of 6 months, possible a bit longer - it is envisaged future
reviews won’t require multiple SOHAG meetings over such a period of time.
It should be noted that while it is proposed that a systematic approach be made to the review
of delegations and policies, it will result in the City being non-compliant with section 5.46(2)
of the Local Government Act 1995 which ultimately will be reflected in the 2020 Compliance
Audit Return (CAR).
Whilst a 100% Compliance Audit Return is the ideal outcome, it is an opportunity to
demonstrate that the City is taking a new strategic and systematic approach to reviewing
delegations and policies, which will strengthen the City’s position around compliance in this
area going forward. And while not an excuse, it can be said that the COVID-19 State of
Emergency has brought forth a change in priorities for Council, resulting in changes to how
we operate all of which in turn has impacted on our day to day operations and impaired our
ability to have this review done before 30 June 2020.
OPTIONS
Option 1
Not formally review Council delegations and policies for the 2019/2020 financial year and
agree to the systematic and scheduled approach through SOHAG for their review.
Option 2
Present the current delegations to Council as they currently are for formal review, while a
systematic and scheduled approach through SOHAG is undertaken for a further review of the
delegations and policies.
CONCLUSION
Given the City is transitioning through changes, option 1 is the preferred choice. This enables
Council to undertake a systematic approach to the review of delegations and policies,
whilst acknowledging in a clear and transparent way shortfalls in meeting compliance
criteria.
ATTACHMENTS
There are no attachments for this report.
CORPORATE SERVICES 96 16 JUNE 2020
COMMITTEE - Governance & Administration COUNCIL MEETING 22 JUNE 2020
RECOMMEND CS26/6/20
That Council approve the scheduling of the SOHAG meetings for the review of
delegations and policies and the presentation of the outcomes to the respective their
respective Committees and Council as follows:
Round SOHAG
Wednesday
1 24/06/2020 (1pm - 3pm)
2
8/07/2020 (1pm - 3pm)
22/07/2020 (1pm - 3pm)
3
12/08/2020 (1pm - 3pm)
26/08/2020 (1pm - 3pm)
4
9/09/2020 (1pm - 3pm)
23/09/2020 (1pm - 3pm)
5
14/10/2020 (1pm - 3pm)
28/10/2020 (1pm - 3pm)
6 11/11/2020 (1pm - 3pm)
Moved Cr G Nixon
MOTION CARRIED (7/0)
CORPORATE SERVICES 97 16 JUNE 2020
COMMITTEE - Miscellaneous COUNCIL MEETING 22 JUNE 2020
3.1 - NATIONAL GROWTH AREAS ALLIANCE NGAA UPDATE
WARD
: ALL In Brief:
The City of Armadale is an active
member of the National Growth Areas
Alliance (NGAA), the peak body
representing growth area councils in
Australia.
NGAA has prepared its Strategic Plan
2021–2023 and a COVID-19 Economic
Recovery Proposal: Boosting Australia’s
Economy through Growth Area
Productivity.
The City of Armadale intends to continue
working with NGAA as part of its
advocacy efforts particularly now that
there is legitimate support to expand on
TAFE training facilities by the Federal
Government.
Recommend that the Council:
Receives an update on the NGAA’s
purpose, highlights, focus areas and
future activities.
Acknowledges the importance of
advocating via the NGAA at Federal
Government level.
Endorses the 2020/21 membership of
the NGAA as part of the City’s
advocacy activities to progress priority
projects.
FILE No.
: M/290/20
DATE
: 25 May 2020
REF
: LP
RESPONSIBLE
MANAGER
: Chief Executive Officer
Tabled Items
Nil
Decision Type
☐ Legislative The decision relates to general local government legislative
functions such as adopting/changing local laws, town planning
schemes, rates exemptions, City policies and delegations etc.
☒ Executive The decision relates to the direction setting and oversight role of
Council.
☐ Quasi-judicial The decision directly affects a person’s rights or interests and
requires Councillors at the time of making the decision to adhere to
the principles of natural justice.
Officer Interest Declaration
Nil
CORPORATE SERVICES 98 16 JUNE 2020
COMMITTEE - Miscellaneous COUNCIL MEETING 22 JUNE 2020
Strategic Implications
3.1 Encourage Infrastructure and Investment
3.1.1 Advocate for infrastructure and policy developments.
3.1.1.2 Together with regional partners, pro-actively lobby State and Federal
Governments on key regional projects.
3.1.1.7 Work with State Government to maximise opportunities and outcomes through
the Metronet program.
3.1.2 Encourage and facilitate public and private sector investment
3.1.2.4 Grade separation/undergrounding of Armadale Train Station in conjunction with
the Metronet team and broader State and Federal Governments
3.3.4 Identify critical infrastructure needs to facilitate growth
4.1 Visionary Civic leadership and sound Governance
Legal Implications
Nil
Council Policy/Local Law Implications
Strategic Community Plan
Corporate Business Plan 2019/2020 – 2021/24
Economic Development Strategy 2018 – 2022
Advocacy Strategy 2019
Budget/Financial Implications
The NGGA is a membership-based organisation which relies on its members’ yearly fee to
continue its operations. Membership fees vary across the population size of each Council
from under 50,000 to more than 200,000 people. The City of Armadale’s 2020/21 fee is
$20,000 (excluding GST) for a mid-sized growth area Council (population 50-100,000).
This membership fee has been budgeted under the CEO’s Office Advocacy activities for
2020/21 FY.
Consultation
(ELT)
All Councillors.
BACKGROUND
The City of Armadale was one of the founding members of the NGAA in 2015 which today
represents 20 growth councils across Australia.
CORPORATE SERVICES 99 16 JUNE 2020
COMMITTEE - Miscellaneous COUNCIL MEETING 22 JUNE 2020
These are:
NSW
Blacktown City Council
Camden Council
Liverpool City Council
Penrith City Council
Wollondilly Shire Council
WA
City of Wanneroo
City of Swan
City of Cockburn
City of Kwinana
City of Armadale
City of Gosnells
VIC
City of Casey
Cardinia Shire Council
Mitchell Shire Council
Wyndham City Council
City of Melton
Hume City Council
City of Whittlesea
SA
District Council of Mount
Barker
City of Playford
QLD
Council of Mayors South
East Queensland
The NGAA prepares yearly Federal budget submissions containing key major infrastructure
projects needed by their members (Attachment 1).
In recent years, the City of Armadale has benefited from its membership by securing Federal
funding contributions towards the major upgrades currently taking place on Armadale Road.
These projects are aimed at reducing congestion and improving connectivity to the Kwinana
Freeway and Cockburn including a contribution towards Metronet’s Denny Avenue level
crossing removal and the rail extension to the Byford.
In 2019 the City attended at the NGAA Annual Symposium hosted by the City of Swan
where the AFAC received a commendations at event’s excellence award.
Overall, NGAA’s advocacy efforts have resulted in a number of wins for its members,
including:
Announcement of two City Deals for Melbourne’s North and West, and South East.
Calls for continued Federal focus on the implementation of the Western Sydney City
Deal
Urban Congestion Fund.
Creation of a $4 billion fund to fix congestion hot spots that impact productivity.
$740 million commitments to NGAA member Councils.
National-level review of Planning Regulations in the wake of COVID-19 with an
opportunity to form a national approach to accommodating population growth.
$500 million new local government infrastructure funding post COVID-19.
The NGAA’s goals during the next three years, as outlined in its Strategic Plan and Policy
Platform (as attached) are as follows:
Federal and State Government policies impacting outer urban growth areas better
meet local government needs and expectations.
Member Councils have increased capacity to build livable, resilient communities.
Both the challenges and opportunities in growth areas are positively represented in
national discourse.
The Alliance is sustainable, accountable and engaged.
CORPORATE SERVICES 100 16 JUNE 2020
COMMITTEE - Miscellaneous COUNCIL MEETING 22 JUNE 2020
DETAILS OF PROPOSAL
As part of the commitment to its advocacy priorities, it is recommended the City of Armadale
continue to be an active NGAA member. The NGAA 2020/21 Federal Budget submission
provides the following recommendations:
Leveraging Current Investment Budget Recommendations
Armadale’s ambition to revitalise its City Centre is outlined within this recommendation
including the grade separation of the Armadale Train Station, unlocking development
capacity and building a new town centre.
Skills and Education Budget Recommendations
NGAA recommends improving access through decentralisation of vocational and university
campuses and the spatial distribution of Commonwealth supported places, to create education
student pathways close to home, grow local skills to support job growth and transition to the
knowledge economy.
The City’s intention to secure a new inner-City TAFE is outlined within this
recommendation.
Recreation Infrastructure Budget Recommendations
NGAA recommends a national approach be taken to the need for Federal Government
co-investment in sport and recreational facilities in outer urban growth areas.
The Armadale Regional Recreational Reserve is part of this national advocacy which has
been recently presented to the Infrastructure Australia CEO and the Ministers for
Infrastructure, Urban Infrastructure and Sport.
COMMENT
The projects mentioned above have been top advocacy priorities for the City, particularly
now as we plan economic recovery measures as a result of COVID-19.
In response to the global pandemic crisis, NGAA submitted to Federal Government the
Economic Recovery Proposal: Boosting Australia’s Economy through Growth Area
Productivity (as attached).
The NGAA is currently calling on the Federal Government to prioritise growth areas in
immediate and medium-term responses to the COVID-19 pandemic. Fast-tracking major
projects in particular, will create local jobs, address the infrastructure deficit in growth areas
and stimulate residential housing development.
Stimulus allocations to growth areas are essential and the economic recovery period provides
an unparalleled opportunity to increase growth areas’ productivity.
CORPORATE SERVICES 101 16 JUNE 2020
COMMITTEE - Miscellaneous COUNCIL MEETING 22 JUNE 2020
In addition to prioritising Growth Area projects in short-term stimulus allocation, the
Alliance proposes recovery activities focus on:
Ensuring Local Government can deliver the level of service required by local business
and community
Improving conditions for Australian businesses to grow
Supporting construction industry to continue residential development.
ANALYSIS
NGAA represents Councils from the fast growing outer urban areas around Australia’s major
cities, home to more than 5 million people. Growth area Councils accommodate 20% of
Australia’s population in just over 5% of Australia’s local government areas.
The economic shock brought on by COVID-19 will have a disproportionate effect on growth
areas due to their reliance on the hardest hit sectors for employment, and the prominence of
vulnerable communities.
Conservative estimates of unemployment rates up to 16% could leave 424,000 people in
growth areas unemployed.
334,000 of Australia’s most vulnerable small businesses – those employing fewer than
20 people - operate in growth area LGAs.
GDP is forecast to decline in most growth area councils at a higher percentage rate than the
national average.
16 of the top 20 postcodes suffering mortgage stress are in growth areas.
Half of all households in growth areas are under mortgage stress, with more than 300,000
lower income families at particular risk.
Internal migration and high birth rates will see population growth in these areas continue at
above average rates during the pandemic recovery.
CONCLUSION
NGAA has been an advocacy platform at Federal level for the City of Armadale. Its current
focus is towards giving outer urban growth areas the opportunity to reach their economic and
productivity potential, and play a pivotal role in the nation’s recovery from COVID-19
economic shock.
The NGAA Economic Recovery Proposal outlines a number of opportunities that provide the
chance for growth areas and the Australian economy more broadly to emerge better and
stronger post-pandemic. These include:
Fast-tracking capital works projects through streamlined approval and funding
mechanisms, to create local jobs.
CORPORATE SERVICES 102 16 JUNE 2020
COMMITTEE - Miscellaneous COUNCIL MEETING 22 JUNE 2020
The roll-out of infrastructure stimulus packages at both the state and federal
government level.
An appetite to build the capacity of small business to embrace innovation and new
technologies and build resilience.
Reduced commuting and resultant expenses for growth area residents through being
able to work from home and remotely (as the majority of growth areas having low job
self-sufficiency rates, around three quarters travel out of area).
⇩ ⇩ ⇩
RECOMMEND CS27/6/20
That Council:
1. Receives an update on the NGAA’s purpose, highlights, focus areas and future
activities.
2. Acknowledges the importance of advocating via the NGAA at Federal Government
level.
3. Endorses the 2020/21 membership of the NGAA as part of the City’s advocacy
activities to progress priority projects.
Moved Cr K Busby
MOTION CARRIED (7/0)
ATTACHMENTS 1. Attachment 1 - NGAA_Budget 2020_BOOKLET 2. Attachment 2 - NGAA Strategic Plan FY21-FY23 DRAFT_ 3. Attachment 3 - NGAA COVID-19 Economic Recovery Proposal
CORPORATE SERVICES 103 16 JUNE 2020
COMMITTEE COUNCIL MEETING 22 JUNE 2020
COUNCILLORS’ ITEMS
Nil
CHIEF EXECUTIVE OFFICER’S REPORT
1 COVID-19
The City has continued to swiftly respond to the COVID-19 pandemic. Following the State
Government’s announcement of its Roadmap to Recovery, the City aligned its own Recovery
Plan, particularly in regard to the reopening of its administration centre and community
facilities. Phase 2 was scheduled for Monday 18 May, with social distancing protocols and
caps on the number of people (20) permitted in indoor and outdoor venues.
The Response Team had already been scenario planning in preparation for re-opening
with the installation of perspex barriers in customer facing areas, appropriate signage
and sanitizer stations.
With the State releasing COVID Safety Plan guidelines on 14 May the Team
promptly documented Safety Plans for each of its facilities. Staff quickly familiarised
themselves with the content and undertook the mandatory State Government hygiene
training course.
The #BeKind campaign was launched on the City’s website and social media
platforms which invoked a positive response from the community.
Phase 2 of the Recovery Plan kick started with the Seville Grove and Kelmscott
Libraries opening on Thursday 21 May, the Visitor Centre on Friday 22 May and the
Administration Centre on Monday 25 May. Due to renovation works, the opening of
the Armadale Library was delayed (due to reopen on Wednesday 17 June).
With the announcement of Phase 3 on 29 May, and the further easing of restrictions
and numbers of people permitted in indoor (100) and outdoor spaces (300), the City
reopened the AFAC facility on Saturday 6 June 2020. The new procedures, as well as
hygiene and social distancing measures put in place, were respected by members.
Being able to open community facilities and the Armadale Fitness & Aquatic Centre
was essential in restoring a sense of normality in the community and highlighted the
value the public place on local government facilities and services.
Playgrounds, skate parks, dog parks, Drop ‘n’ Shop and the History House Museum
also opened to the public that week with the public encouraged to engage in
appropriate social distancing practices.
Council and Committee meetings were reopened to the public from Monday 8 June
with measures put in place to maintain social distancing and to enable contact tracing.
The reopening of the City’s facilities (halls etc.) for long term and regular hirers is the
current priority. Long term and regular hirers will be required to prepare COVID
Safety Plans. The gymnastics and basketball clubs who have prepared their COVID
Safety Plans are now able to access the Arena which was opened on Monday 8 June.
The City has also been working with the local swimming clubs for their return to the
AFAC as well as planning for the return of Swim School from the 22 June. Opening
facilities for casual hirers will be the next priority.
The crisis has provided the catalyst for moving more of the City’s business to digital
platforms. Working from home has provided an opportunity to develop new ways of
operating that are delivering a range of benefits to the organisation. A staged and
cautious approach is being taken on returning staff to the office with customer
service, building, health and planning now providing those essential front counter
services. Consideration is being given to defining the “new normal” way of working
so as to strike the best balance between the digital and work from home experiences
CORPORATE SERVICES 104 16 JUNE 2020
COMMITTEE COUNCIL MEETING 22 JUNE 2020
and staff being in the workplace.
The City continues to host the Local Emergency Management Committee and
participates in the Metropolitan Operational Area Support Group meetings on a
fortnightly basis.
Local Roads and Community Infrastructure (LRCI) Program Following the City’s submission to the Deputy Prime Minister, the Hon Michael McCormack
on a comprehensive list of “shovel ready” projects, the Department announced on 22 May
2020 that the City qualifies for funding of an amount of $953,448 under the Local Roads and
Community Infrastructure (LRCI) Program. A recommended list of projects that meet the
program guidelines and conditions will be presented for discussion at the Councillor
workshop on Wednesday 17 June and a report subsequently submitted to the Council
meeting on 22 June for Council resolution.
State and WALGA Webinars
Following the announcement of Phase 3 of the State’s recovery program, the State
Government have suspended the weekly webinars and have instead commenced a series of
Recovery Roundtable meetings with both WALGA and Local Government representation.
2 Business as Usual
Updates to Council
Executive updates to Council via the Teams platform have now moved from weekly to
fortnightly as recovery issues evolve in regard to the COVID-19 Pandemic situation.
On Thursday 21 May the Council was given a presentation by Roberts Day on the Jull Street
Mall proposal and officers are now preparing a report to Council on the matter.
Budget Workshops
A considerable amount of time and effort has gone into bringing together a “business as
usual” budget as well as an “alternate COVID-19” budget. Five budget workshops have been
held during the past month with more workshops scheduled over the next fortnight to discuss
the City’s capital expenditure, waste services and rates.
Meeting with Local Parliamentarians The Mayor and CEO have met with local parliamentarians to advocate on issues affecting the
City and to share the City’s approach during the COVID-19 crisis. Community cabinet
meetings organised by the Hon. Matt Keogh MHR have now moved from weekly to
fortnightly and include participation by the Cities of Armadale, Canning and Gosnells as well
as the State Labor MPs in the area and Business Armadale.
South East Corridor Alliance
On 26 May the Mayors and CEOs of Armadale, Canning, Gosnells and Victoria Park met to
consider formalising this strategic alliance and to discuss a preferred approach to positioning
and advocating for the region. The group will meet on a monthly basis with meetings rotating
at the four Councils while the alliance concept is further developed before presentation to
Council.
CORPORATE SERVICES 105 16 JUNE 2020
COMMITTEE COUNCIL MEETING 22 JUNE 2020
Streamline WA Meeting
On Thursday 28 May attended a Streamline WA meeting via the Webex platform which
involved consideration of initiatives to assist in economic stimulus through red tape
reduction.
Growth Areas Perth & Peel (GAPP) & National Growth Areas Alliance (NGAA)
On Thursday 11 June the GAPP Council CEOs met via the Zoom platform and the main
matters discussed included:
Priority Infrastructure Projects – this includes a potential coordinated GAPP
submission to State and Federal Governments on projects over $5 million that are of
regional, state or national significance.
DCP Meeting Outcomes – Meeting held with Department of Planning, Lands &
Heritage to discuss the DCP list from the Department and the UDIA priority list.
Discussion with Senator Matt O’Sullivan
On Wednesday 3 June an introductory meeting with Senator Matt O’Sullivan was held where
the impacts of COVID-19 on the community and the City’s operations, as well as the Federal
government’s response measures were discussed.
EXECUTIVE DIRECTOR’S REPORT
Nil
MEETING DECLARED CLOSED AT 8.17PM
CORPORATE SERVICES 106 16 JUNE 2020
COMMITTEE
CORPORATE SERVICES COMMITTEE
SUMMARY OF ATTACHMENTS 16 JUNE 2020
ATT
NO. SUBJECT
1.1 LIST OF ACCOUNTS PAID - MAY 2020
1.1.1 List of Payments May 2020
1.2 STATEMENT OF FINANCIAL ACTIVITY - MAY 2020
1.2.1 May 2020 - Monthly Financials
3.1 NATIONAL GROWTH AREAS ALLIANCE NGAA UPDATE
3.1.1 Attachment 1 - NGAA_Budget 2020_BOOKLET
3.1.2 Attachment 2 - NGAA Strategic Plan FY21-FY23 DRAFT_
3.1.3 Attachment 3 - NGAA COVID-19 Economic Recovery Proposal 107
The above attachments can be accessed from the Minutes of the Corporate Services
Committee meeting of 16 June 2020 available on the City’s website.
CHIEF EXECUTIVE OFFICER’S REPORT
22 JUNE 2020
INDEX
1. REPORTS
1.1 LOCAL ROADS AND COMMUNITY INFRASTRUCTURE PROGRAM -
STIMULUS FUNDING ................................................................................................................ 108
1.2 COUNCILLORS INFORMATION BULLETIN - ISSUE NO 10/2020 ......................................114
ATTACHMENTS ................................................................................................................................... 116
CHIEF EXECUTIVE OFFICER’S 108 22 JUNE 2020
REPORT
CITY OF ARMADALE
Chief Executive Officer’s Report
Mayor and Councillors
City of Armadale
Following is my Report for the period
ended 22 June 2020
1.1 - LOCAL ROADS AND COMMUNITY INFRASTRUCTURE PROGRAM -
STIMULUS FUNDING
WARD
: ALL In Brief:
The City has been allocated an amount of
$953,448 under the Federal Government
Local Roads and Community
Infrastructure Investment (LRCI)
Program, which aims to stimulate the
economy by supporting Local
Governments to deliver priority Local
Road and Community Infrastructure
Projects.
This report recommends that Council
prioritise the Creyk Park Pavilion project
for LRCI funding, submit the project to
the Federal Government, and allocate the
additional funding required to deliver the
project in its 2020/21 budget.
FILE No.
: M/300/20
DATE
: 28 May 2020
REF
: TN
RESPONSIBLE
MANAGER
: Executive Director
Technical Services
Tabled Items
Nil
Decision Type
☐ Legislative The decision relates to general local government legislative
functions such as adopting/changing local laws, town planning
schemes, rates exemptions, City policies and delegations etc.
☒Executive The decision relates to the direction setting and oversight role of
Council.
☐ Quasi-judicial The decision directly affects a person’s rights or interests and
requires Councillors at the time of making the decision to adhere to
the principles of natural justice.
CHIEF EXECUTIVE OFFICER’S 109 22 JUNE 2020
REPORT
Officer Interest Declaration
Nil
Strategic Implications
2.2.1 Deliver attractive and functional streetscapes, open spaces, City buildings and facilities.
2.2.1.1 Deliver new and upgraded facilities that are multi-purpose where appropriate.
4.3.2 Pursue non-rates revenue opportunities
4.3.2.1 Investigate opportunities for grants, contributions and partnerships
from Government, not for profit and commercial agencies.
Legal Implications
General Assessment has not revealed any restrictions. However should Council endorse the
recommendation contained within this report, procurement of the relevant goods and services
will need to be in accordance with:
Section 3.57 Local Government Act 1995 – Tenders for providing goods or services
Division 2 Local Government (Functions and General) Regulations 1996 – Tenders for
providing goods or services
The project will need to be undertaken in compliance with the LRCI funding criteria, which
includes a condition that all projects must be completed by 30 June 2021.
Council Policy/Local Law Implications
General Assessment has not revealed any applicable policies or local laws, however should
Council adopt the recommendation contained within this report, procurement of the relevant
goods and services will need to be in accordance with the Council Policy ADM 19 –
Procurement of Goods and Services.
Budget/Financial Implications
The City is eligible to receive an amount of $953,448 under the LRCI Program. Should
Council adopt the recommendation contained within this report, Council will also need to
allocate a further $1.38M in its 2020/21 budget to deliver the project.
Consultation
1. Councillors
3. Executive Leadership Team
2. Inter-Directorate
BACKGROUND
In March 2020 the City received a letter from the Deputy Prime Minister, the Hon Michael
McCormack MP seeking Council’s assistance in fast-tracking the delivery of land transport
infrastructure projects on local roads as an economic stimulus measure in response to the
COVID-19 Pandemic.
A number of projects were identified and workshopped with Councillors on 7 April 2020 and
subsequent to the workshop a comprehensive list of projects was submitted to the Department
of Infrastructure, Transport, Regional Development and Communications (the Department).
CHIEF EXECUTIVE OFFICER’S 110 22 JUNE 2020
REPORT
In conjunction with this, at a workshop held on 14 April 2020, Council also considered a
number of Community Infrastructure, Park and Building projects which could be considered
for any potential Federal or State Government stimulus funding provided to Local
Governments in response to the COVID-19 Pandemic. Information on these projects was
provided to Local MPs as part of the City’s Stimulus Community Infrastructure Investment
Prospectus.
On 22 May 2020 the Australian Government announced the new $500 million Local Roads
and Community Infrastructure (LRCI) Program, which provides funding for either local
transport or community infrastructure projects. Under the program, the City is eligible to
receive an amount of $953,448 from 1 July 2020.
This report presents options and recommendations relating to projects that the City could
proceed with under the LRCI Program for Council’s consideration.
The LRCI Program
General
Local governments have been identified as playing a critical role in delivering vital services
and ensuring the quality of life for communities across Australia. In addition Local
Governments are now also playing a key role in protecting the community from the impacts
of COVID-19.
The Australian Government has committed $500 million to the LRCI Program to support
jobs, businesses and the resilience of local economies.
Funding
The aim of this program is to support local Councils to deliver priority local road and
community infrastructure projects across Australia, supporting jobs and the resilience of local
economies to help communities bounce back from the COVID-19 Pandemic.
Funding allocations have been calculated in a similar way to how the Roads to Recovery
(R2R) Program and the road component of the Financial Assistance Grants works. This
formula takes into consideration road length and population and is based on
recommendations of Local Government Grants Commissions.
An amount of $953,448 has been allocated to the City under the LRCI program. The
Department will be consulting with Local Governments to finalise implementation
arrangements for the LRCI Program. Councils will then be asked to agree to the program
arrangements and identify local projects.
Councils will be able to access the funding to support the delivery of priority local road and
community infrastructure projects from 1 July 2020. Projects to be funded are to be selected
according to priorities at the local level. Similar to the R2R Program, Councils will need to
submit a Work Schedule that outlines the project(s) they plan to undertake.
CHIEF EXECUTIVE OFFICER’S 111 22 JUNE 2020
REPORT
DETAILS OF PROPOSAL
Eligible Projects
Funding is available for local roads projects and community infrastructure projects that
involve the construction, maintenance and/or improvements to council-owned assets
(including natural assets) that are generally accessible to the public.
Projects will need to deliver benefits to the community, such as improved accessibility, visual
amenity and safety benefits.
Eligible local road projects could include works involving any of the following associated
with a road:
Traffic signs.
Traffic control equipment.
Street lighting equipment.
Bridge or tunnel.
Facility off the road used by heavy vehicles in connection with travel on the road (for
example, a rest area or weigh station).
Facilities off the road that support the visitor economy.
Road and sidewalk maintenance, where additional to normal capital works schedules.
Eligible community infrastructure projects could include works involving:
Closed Circuit TV (CCTV).
Bicycle and footpaths.
Painting or improvements to community facilities.
Repairing and replacing fencing.
Improved accessibility of community facilities and areas.
Landscaping improvements, such as tree planting and beautification of roundabouts.
Picnic shelters or barbeque facilities at community parks.
Playgrounds and skateparks (including all ability playgrounds).
Noise and vibration mitigation measures.
Off-road car parks (such as those at sporting grounds or parks).
The above examples do not include building projects, however they do not exclude such
projects either. In order to obtain clarity, the City contacted the Department and they have
confirmed that building projects do indeed fall within the eligibility criteria. They did
however emphasise the other eligibility criteria:
Consistent with the guidelines of the LRCI Program, Councils will need to
demonstrate that projects are additional to their pre-COVID-19 work program for
2020/21.
If a project has however been brought forward from a future work program it will be
eligible for funding.
The funding guidelines state that projects must commence within the next three to six
months and be fully delivered by 30 June 2021, for Councils to receive their full share
of the funding.
Further clarification was sought as to co-funding, and it has been confirmed that larger
projects can be partially funded with these funds, with the balance from other sources
including municipal funds, but that the other criteria, particularly the 30 June 2021
completion date, would still be applicable.
CHIEF EXECUTIVE OFFICER’S 112 22 JUNE 2020
REPORT
Another condition of funding is the local content, which has as an aim the stimulation of local
industries.
Additional conditions, such as signage requirements, will be outlined in program guidelines,
which are currently being finalised by the Department.
ANALYSIS
To determine projects eligible for LRCI funding from the list of Council’s previously
endorsed stimulus projects, a departmental assessment was performed to identify those
projects which would not be eligible for the grant funding, based on the above criteria. Those
assessed as being ineligible relate primarily to those which:
Have been included in the 2019/20 works programmes
Have been assessed as being unable to be completed before 30 June 2021.
Attachment 1 details the projects which were considered at the aforementioned Council
Workshops, with comment provided as to their eligibility for LRCI funding as indicated.
OPTIONS
In applying for LRCI funding, in the main, there are three approaches that could be taken:
1 Allocate the funds to one larger project, and then resolve to fund the difference
with municipal funding. (Note that the municipal funding component can also
include alternate grant funding sources).
2 Allocate the funds to number of smaller projects within works programmes
(Footpath improvement projects, road reconstruction projects and small park
improvement projects) which would assign the funding to a greater number of
areas across the City.
3 Allocate the funds to a series of smaller projects identified in Council’s previous
stimulus projects submission.
Council, at its CAPEX budget workshop held on 18 June 2020, considered the eligible
projects detailed in attachment 1 giving consideration to the LRCI criteria. In addition to the
previously prioritised stimulus projects, Council also give consideration to potentially
allocating the LRCI funds to landscaping works at the major entry points to the City, or
expanding the City’s CCTV network to encompass the Brookdale and Camillo areas.
Following consideration of the potential projects, Council prioritised the Creyk Park Pavilion
project as the first priority for LRCI funding.
The upgrade of the Creyk Park Pavilion is one of Council’s Key Project priorities, with
Council most recently receiving a report on the matter at its meeting of 08 June 2020
(C15/6/20 refers). In considering the report Council resolved to request an increased scope to
accommodate expanded community use, and accordingly the total estimated cost to deliver
the project is in the order of $2.33M.
In prioritising the Creyk Park Pavilion project, in order to be in compliance with the LRCI
funding criteria, Council will, as detailed in option 1, need to fund the difference. This results
CHIEF EXECUTIVE OFFICER’S 113 22 JUNE 2020
REPORT
in Council being required to allocate $1.38M to the project in addition to the LRCI funding
component as detailed below:
Project
Estimated
Project
Cost
LRCI
Funding
Component
Additional
Municipal
funding required
Creyk Park Pavilion $2,335,000 $953,448 $1,381,552
CONCLUSION
The City is eligible to receive an amount of $953,448 under the LRCI program. The aim of
the program is to support Local Governments to deliver priority local road and community
infrastructure projects, supporting jobs and the resilience of local economies to help
communities bounce back from the COVID-19 Pandemic.
Council has considered potential stimulus projects previously identified against the LRCI
funding criteria. The Creyk Park project is considered to meet the aims of the LRCI program
and will deliver significant benefits to the local community.
To deliver the project, Council will need to allocate $1,381,552 in its 2020/21 annual budget
for this purpose in addition to the LRCI grant funding amount.
ATTACHMENTS
1.⇩ Attachment 1 - Stimulus Projects for Consideration of LRCI Funding
RECOMMEND
That Council:
1. Endorse the Creyk Park Pavilion project being submitted for LRCI Program
funding to the amount of $953,448.
2. Include the project in Council’s 2020/21 Capital works budget, with an amount of
$1,381,552 to be allocated to the project in addition to the LRCI funding
component.
3. Authorise the CEO to call for tenders for the project ahead of the adoption of the
2020/2021 budget in order to assist in meeting the project completion date of 30
June 2021.
ABSOLUTE MAJORITY RESOLUTION REQUIRED FOR PART (3)
CHIEF EXECUTIVE OFFICER’S 114 22 JUNE 2020
REPORT
1.2 - COUNCILLORS INFORMATION BULLETIN - ISSUE NO 10/2020
WARD
: ALL In Brief:
Councillor’s Information Bulletin –
Councillors are advised to take note of
the information submitted in Issue No.
10/2020 to be received by Council
FILE No.
: M/322/20
DATE
: 10 June 2020
REF
: MC
RESPONSIBLE
MANAGER
: Chief Executive Officer
Strategic Implications
The following general information and memorandums were circulated in Issue No 10/2020
on 18 June 2020.
COMMENT
Correspondence & Papers
NIL
Information from Human Resources
Employee Movements
Information from Technical Services
Outstanding Matters and Information Items
Various Items
Monthly Departmental Reports
Technical Services Works Program
Information from Community Services
Information Items Report on Outstanding Matters
Community Planning
Community Development
Library and Heritage Services
Ranger and Emergency Services
Information from City Strategy
NIL
Information from Development Services
NIL
CHIEF EXECUTIVE OFFICER’S 115 22 JUNE 2020
REPORT
ATTACHMENTS There are no attachments for this report.
RECOMMEND
That Council acknowledge receipt of Issue 10/2020 of the Information Bulletin
CHIEF EXECUTIVE OFFICER’S 116 22 JUNE 2020
REPORT
CHIEF EXECUTIVE OFFICER’S REPORT
ATTACHMENTS 22 JUNE 2020
ATT
NO. SUBJECT PAGE
1.1 LOCAL ROADS AND COMMUNITY INFRASTRUCTURE PROGRAM - STIMULUS
FUNDING
1.1.1 Attachment 1 - Stimulus Projects for Consideration of LRCI Funding 117
CHIEF EXECUTIVE OFFICER’S 117 22 JUNE 2020
REPORT
CHIEF EXECUTIVE OFFICER’S 118 22 JUNE 2020
REPORT
CHIEF EXECUTIVE OFFICER’S 119 22 JUNE 2020
REPORT
CHIEF EXECUTIVE OFFICER’S 120 22 JUNE 2020
REPORT
CHIEF EXECUTIVE OFFICER’S 121 22 JUNE 2020
REPORT
CHIEF EXECUTIVE OFFICER’S 122 22 JUNE 2020
REPORT
CHIEF EXECUTIVE OFFICER’S 123 22 JUNE 2020
REPORT
ORDINARY MEETING OF COUNCIL
MONDAY, 8 JUNE 2020
MINUTES
C ON T E N T S
1 DECLARATION OF OPENING / ANNOUNCEMENT OF VISITORS.............................................. 3
2 RECORD OF ATTENDANCE / APOLOGIES / LEAVE OF ABSENCE ............................................ 3
3 ADVICE OF RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE............... 4
4 PUBLIC QUESTION TIME ..................................................................................................................... 4 NIL ............................................................................................................................................................... 4
5 APPLICATIONS FOR LEAVE OF ABSENCE ..................................................................................... 4
6 PETITIONS ................................................................................................................................................ 4 NIL ............................................................................................................................................................... 4
7 CONFIRMATION OF MINUTES ........................................................................................................... 4 MINUTES OF ORDINARY COUNCIL MEETING HELD ON 25 MAY 2020 ........................................ 4
8 ANNOUNCEMENTS BY THE PERSON PRESIDING WITHOUT DISCUSSION ........................... 4 1. CONSULTATION AND COMMUNICATION ............................................................................... 4 2. GOVERNANCE AND ECONOMIC DEVELOPMENT ................................................................. 4 3. GOVERNANCE AND ECONOMIC DEVELOPMENT ................................................................. 4
9 QUESTIONS BY MEMBERS OF WHICH DUE NOTICE HAS BEEN GIVEN – WITHOUT
DISCUSSION ............................................................................................................................................. 5
10 REPORTS ................................................................................................................................................... 5 10.1 TECHNICAL SERVICES COMMITTEE MEETING - 2 JUNE 2020 ........................................... 5
10.1.2 CLEARING PERMIT APPLICATION - WILLIAM SKEET OVAL EXPANSION (1.1) .. 5 10.1.3 DECOMMISSIONING OF RESIDENTIAL VERGE RETICULATION CONNECTED
TO THE CITY’S IRRIGATION SYSTEM (2.1) .................................................................. 6 10.1.4 TENDER 7/20 DESIGN, SUPPLY AND OPERATION OF THE WUNGONG MASTER
PLAN WASTE WATER TREATMENT AND MAR SCHEME (3.1) ................................. 6 10.1.5 TENDER 25/19 - PROFESSIONAL CONSTRUCTION SERVICES FOR LANDFILL
STAFF FACILITIES (3.2)..................................................................................................... 6 10.2 COMMUNITY SERVICES COMMITTEE MEETING - 3 JUNE 2020 ........................................ 7
10.2.1 PROPOSED MURAL ON THE REAR WALL OF THE SEVILLE GROVE LIBRARY
(1.1) ........................................................................................................................................ 7 10.2.2 ARMADALE HILLS OPEN STUDIO ARTS TRAIL FEES AND CHARGES (1.2) ......... 7 10.2.3 CREYK PARK PAVILION (2.1) ......................................................................................... 8
10.2.4 HILBERT DISTRICT COMMUNITY CENTRE AND LIBRARY (2.2) ............................. 8 10.2.5 PETITION - BANYARD AVENUE (3.1) ............................................................................ 8
10.3 CHIEF EXECUTIVE OFFICER’S REPORT - 8 JUNE 2020 ......................................................... 9 10.3.1 COUNCILLORS INFORMATION BULLETIN - ISSUE NO 9/2020 (1.1) ....................... 9
11 MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN ................................................... 9
12 URGENT BUSINESS APPROVED BY THE PERSON PRESIDING OR BY DECISION ............. 10 NIL ............................................................................................................................................................. 10
13 MATTERS FOR REFERRAL TO STANDING COMMITTEES – WITHOUT DISCUSSION ..... 10 NIL ............................................................................................................................................................. 10
14 MATTERS REQUIRING CONFIDENTIAL CONSIDERATION ..................................................... 10 NIL ............................................................................................................................................................. 10
15 CLOSURE................................................................................................................................................. 10
CITY OF ARMADALE
MINUTES
OF ORDINARY COUNCIL MEETING HELD IN THE COUNCIL CHAMBERS,
ADMINISTRATION CENTRE, 7 ORCHARD AVENUE, ARMADALE ON MONDAY, 8
JUNE 2020 AT 7.00PM .
1 DECLARATION OF OPENING / ANNOUNCEMENT OF VISITORS
The Mayor, Cr Butterfield, declared the meeting open at 7.00 pm.
2 RECORD OF ATTENDANCE / APOLOGIES / LEAVE OF ABSENCE
(previously approved)
PRESENT:
Mayor, Cr R Butterfield River Ward
presided over
Deputy Mayor, Cr C Frost Lake Ward
Cr H T Jones River Ward
Cr J H Munn CMC Ranford Ward
Cr S Peter JP Ranford Ward
Cr M S Northcott Palomino Ward
Cr C A Campbell JP Palomino Ward
Cr D M Shaw Heron Ward
Cr E J Flynn Heron Ward
Cr G J Smith Minnawarra Ward
Cr K Busby Minnawarra Ward
Cr G Nixon Hills Ward
Cr C M Wielinga Hills Ward
IN ATTENDANCE:
Ms J Abbiss Chief Executive Officer
Mr J Lyon Executive Director Corporate Services
Mr P Sanders Executive Director Development Services
Mr K Ketterer Executive Director Technical Services
Mrs Y Loveland Executive Director Community Services
Mrs S D’Souza CEO’s Executive Assistant
Public: Nil
LEAVE OF ABSENCE:
Nil
APOLOGIES:
Apology received from Cr M Silver
MINUTES - ORDINARY MEETING 4 8 JUNE 2020
OF COUNCIL
3 ADVICE OF RESPONSE TO PREVIOUS PUBLIC QUESTIONS
TAKEN ON NOTICE
Nil
4 PUBLIC QUESTION TIME
Nil
5 APPLICATIONS FOR LEAVE OF ABSENCE
Nil
6 PETITIONS
Nil
7 CONFIRMATION OF MINUTES
7.1 PREVIOUS ORDINARY COUNCIL MEETING
HELD ON 25 MAY 2020.
MOVED Cr K Busby that the Minutes of the Ordinary Council Meeting held on 25 May
2020 be confirmed as a true and accurate record.
MOTION not opposed, DECLARED CARRIED (13/0)
8 ANNOUNCEMENTS BY THE PERSON PRESIDING WITHOUT
DISCUSSION
1. CONSULTATION AND COMMUNICATION
Over the course of this fortnight I have written several media releases and messages for
the City’s Facebook page.
2. MARKETING AND PUBLIC RELATIONS
On Tuesday 2 June met with Matt Keogh at the Champion Centre for discussion about
local issues and so he could see firsthand our food security program. A photo taken was
later shared on the City of Armadale’s Facebook page to promote our good work.
3. GOVERNANCE AND ECONOMIC DEVELOPMENT
On Wednesday 27 May along with the CEO attended the round table meeting to
discuss the potential formation of a Perth South East Alliance Group. The purpose of
this group is to establish an alliance for collaboration and advocacy for future funding
for our areas, (along the heritage rail line).
On Friday 29 May attended the FOGO (Food Organics Garden Organics) Forum. Later
that afternoon attended the WALGA COVID-19 Webinar update.
MINUTES - ORDINARY MEETING 5 8 JUNE 2020
OF COUNCIL
On Wednesday 3 June attended the Armadale Land Redevelopment Committee
meeting.
On Friday 5 June attended the Bury Community Cabinet meeting to update local
politicians on local issues relating to COVID-19.
Also attended the Better Bins Plus Go FOGO Q& A session. The Better Bins Plus: GO
FOGO is a program to support the transition to better practice, high performing three
bin FOGO kerbside collection services. The Hon Stephen Dawson MLC announced
$20million towards this program.
This meeting was immediately followed by the WALGA COVID-19 Webinar.
9 QUESTIONS BY MEMBERS OF WHICH DUE NOTICE HAS BEEN
GIVEN – WITHOUT DISCUSSION
Nil
10 REPORTS
10.1 TECHNICAL SERVICES COMMITTEE MEETING
Report of the Technical Services Committee held on 2 June 2020 .
CORRECTION:
Page 19 – The word compliment be corrected to read “complement”
MOVED Cr G Nixon that the report, subject to the above correction, be received.
MOTION not opposed, DECLARED CARRIED (13/0)
BUSINESS ARISING FROM REPORT
Recommendation T25/6/20 - Clearing Permit Application - William Skeet Oval Expansion
MOVED Cr G Nixon
That Council:
1. Authorise the Chief Executive Officer to sign the clearing permit application to be
submitted to the Department of Water and Environmental Regulation for the
expansion of William Skeet Oval.
2. Note that a Policy on the submission of Clearing Permit Applications is currently
under development and is expected to be presented for Council’s consideration
later this year.
MOTION not opposed, DECLARED CARRIED (13/0)
MINUTES - ORDINARY MEETING 6 8 JUNE 2020
OF COUNCIL
Recommendation T26/6/20 - Decommissioning of Residential Verge Reticulation Connected
to the City’s Irrigation System
MOVED Cr G Nixon
That Council endorse the irrigation systems on the verges fronting private properties in
Harrisdale and Piara Waters be disconnected from the municipal irrigation supply
system by 1 November 2020; and that adjoining property owners be offered the
opportunity, advice and a generic plan to connect the existing system to their own water
supply/irrigation system at their cost.
MOTION not opposed, DECLARED CARRIED (13/0)
Recommendation T27/6/20 - Tender 7/20 Design, Supply and Operation of the Wungong
Master Plan Waste Water Treatment and MAR Scheme
MOVED Cr G Nixon
That Council, in regard to Tender 7/20 for Design, Supply and Operation of the
Wungong Master Plan Waste Water Treatment and MAR Scheme:
1. Accept the tender from Water West Pty Ltd for a period of five (5) months for
separable portion 1 – Option Evaluation and Concept Design in accordance with:
The tenderer’s submitted Price Schedule as presented in Confidential
Attachment 1
Council’s contract documentation, Budget and Long Term Financial Plan
estimates.
That the extent of surface stormwater harvesting for consideration in the
Separable Portion 1 analyses be limited to the Regional Recreation Reserve
sporting fields catchment area.
2. Accept the tender from Water West Pty Ltd for separable portions 2, 3 and 4
subject to:
A further report to Council detailing the outcome of separable portion 1
Council’s contract documentation
Council allocating funding for separable portions 2, 3 and 4.
3. Following the receipt of the Separable Portion 1 - Option Evaluation and Concept
Design, the preservation requirements of waterways and wetlands water be
evaluated before proceeding with Separable Portions 2, 3 and 4.
MOTION not opposed, DECLARED CARRIED (13/0)
Recommendation T28/6/20 - Tender 25/19 - Professional Construction Services for Landfill
Staff Facilities
MOVED Cr G Nixon
That Council, in regard to Tender 25/19 for Professional Construction Services for
Landfill Staff Facilities:
MINUTES - ORDINARY MEETING 7 8 JUNE 2020
OF COUNCIL
1. Accept the tender from Geared Construction Pty Ltd in accordance with:
The tenderer’s submitted Lump Sum consideration as presented in
Confidential Attachment 1
Council’s contract documentation, Budget and Long Term Financial Plan
estimates.
MOTION not opposed, DECLARED CARRIED (13/0)
10.2 COMMUNITY SERVICES COMMITTEE MEETING
Report of the Community Services Committee held on 3 June 2020 .
MOVED Cr K Busby that the report be received.
MOTION not opposed, DECLARED CARRIED (13/0)
BUSINESS ARISING FROM REPORT
Recommendation C13/6/20 - Proposed mural on the rear wall of the Seville Grove Library
MOVED Cr K Busby
That Council:
1. Endorse the mural concept design for the external rear wall of the Seville Grove
Library
2. Note an early review is to be undertaken of the Public Art Policy (COMD8)
MOTION not opposed, DECLARED CARRIED (13/0)
Recommendation C14/6/20 - Armadale Hills Open Studio Arts Trail Fees and Charges
MOVED Cr K Busby
That Council:
1. Pursuant to section 6.16(1) and 6.16(3) of the Local Government Act 1995, amend
the 2020 fees and charges for Recreation and Culture by imposing a fee specific to
the Armadale Hills Open Studio Arts Trail annual project as follows:
$150 per artists (in individual or shared studios);
$200 per collective (not for profit group); and
$300 per sponsorship arrangement
2. Give local public notice of the intent to amend the fees and charges in accordance
with section 6.19 of the Local Government Act 1995 to take effect from 15 June
2020.
*ABSOLUTE MAJORITY RESOLUTION REQUIRED
MOTION DECLARED CARRIED BY AN ABSOLUTE
MAJORITY RESOLUTION OF COUNCIL (13/0)
MINUTES - ORDINARY MEETING 8 8 JUNE 2020
OF COUNCIL
Recommendation C15/6/20 - Creyk Park Pavilion
MOVED Cr K Busby
That Council endorse the scope, functionality and cost estimate for a replacement
facility for Creyk Park, for consideration in the next review of the City’s Corporate
Business Plan and Long Term Financial Plan.
That Council
1. Note this report in regard to the scope, functionality and cost estimate for a
replacement facility for Creyk Park.
2. Request an increased scope to accommodate expanded Community use, for
consideration in the next review of the City’s Corporate Business Plan and Long
Term Financial Plan.
MOTION not opposed, DECLARED CARRIED (13/0)
Recommendation C16/6/20 - Hilbert District Community Centre and Library
MOVED Cr K Busby
That Council:
1. Endorse an integrated multi-level Community Centre and Library as shown on
attachment 2 the preferred option for the Hilbert Community Centre and Library
2. Endorse the site adjacent to Shipwreck Park as shown on attachment 1 as the
preferred site for an integrated Community Centre and Library
3. Request DevelopmentWA to include the Hilbert Community Centre and Library
as a priority project within Wungong Urban Water DCP’s Capital Expenditure
Plan for review and discussions with the City, as part of the normalisation of the
Wungong Project area.
4. Note influencing factors as indicated in this report regarding availability of
development contributions and site feasibility in the current review of the City’s
Corporate Business Plan.
MOTION not opposed, DECLARED CARRIED (13/0)
Recommendation C17/6/20 - Petition - Banyard Avenue
MOVED Cr K Busby
That Council endorse the proposed actions of the City in collaboration with other key
organisations and advise the residents of Banyard Avenue of the future actions and
support being:
Continue to liaise with local WA Police to facilitate an aligned and united response
and to reiterate the same messages the WA Police are communicating to residents
MINUTES - ORDINARY MEETING 9 8 JUNE 2020
OF COUNCIL
Encourage residents to continue to report instances of crime correctly to the WA
Police.
Conduct a safety audit program – officers can conduct a Crime Prevention
Through Environmental Design (CPTED) audit of all properties (not just those
properties presenting with issues) to provide each resident with recommendations
on how to improve their home security. These recommendations will address all
key home safety domains (maintenance, access control, target hardening, and
surveillance) and include free and cost-effective options which can be implemented
instantly.
Rangers can issue infringements for littering if they occur on verges as Council-
owned land
Health Services can be contracted to safely and appropriately remove syringes
Once COVID-19 restrictions are lifted, host a Street Meet & Greet barbeque with
local WA Police and Armadale Neighborhood Watch (ANW). The City’s new
activity trailer can be used to provide the residents the opportunity to access safety
information and tips, become familiar with the functions of the City, ANW and
WA Police, improve passive surveillance of the street, encourage residents to
communicate with one another and increase perceptions of safety.
The City has committed to investigate the existing street lighting, against
Australian Standards.
MOTION not opposed, DECLARED CARRIED (13/0)
10.3 CHIEF EXECUTIVE OFFICER’S REPORT
Report of the Chief Executive Officer .
MOVED Cr M S Northcott that the report be received.
MOTION not opposed, DECLARED CARRIED (13/0)
BUSINESS ARISING FROM REPORT
Recommendation - Councillors Information Bulletin - Issue No 9/2020
MOVED Cr C Frost
That Council acknowledge receipt of Issue 9/2020 of the Information Bulletin
MOTION not opposed, DECLARED CARRIED (13/0)
11 MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN
Nil
MINUTES - ORDINARY MEETING 10 8 JUNE 2020
OF COUNCIL
12 URGENT BUSINESS APPROVED BY THE PERSON PRESIDING OR
BY DECISION
Nil
13 MATTERS FOR REFERRAL TO STANDING COMMITTEES –
WITHOUT DISCUSSION
Nil
14 MATTERS REQUIRING CONFIDENTIAL CONSIDERATION
Nil
15 CLOSURE
The Mayor, Cr Butterfield, declared the meeting closed at 7.10pm
MINUTES CONFIRMED THIS 22 JUNE 2020
MAYOR
CONFIDENTIAL TECHNICAL SERVICES COMMITTEE
SUMMARY OF CONFIDENTIAL ATTACHMENTS 2 JUNE 2020
ATT
NO. SUBJECT PAGE
3.1 TENDER 7/20 DESIGN, SUPPLY AND OPERATION OF THE WUNGONG MASTER
PLAN WASTE WATER TREATMENT AND MAR SCHEME
3.1.1 Price Consideration - Tender 7/20 12
NB: Confidential Attachments detailing the recommended tenderer’s price/consideration is now being
made public following Council’s resolution of the successful tender.
MINUTES - ORDINARY MEETING 12 8 JUNE 2020
OF COUNCIL