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Agenda Ordinary Council Meeting 19 November 2019 The information contained in this Agenda is made available free to any member of the public. Subject to copyright restrictions, members of the public may obtain copies of reports, attachments and tabled documents in accordance with the provisions of the Local Government Act 1995. NB: Plans are generally not permitted to be copied due to copyright restrictions.

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Page 1: Agenda of Ordinary Council - 19 November 2019€¦ · ORDINARY COUNCIL MEETING AGENDA 19 NOVEMBER 2019 Page 6 OC-009-19 Representation on Internal Committees and External Organisations

Agenda

Ordinary Council Meeting

19 November 2019

The information contained in this Agenda is made available free to any member of the public.

Subject to copyright restrictions, members of the public may obtain copies of reports, attachments and tabled documents in accordance with the provisions of the Local Government Act 1995.

NB: Plans are generally not permitted to be copied due to copyright restrictions.

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ORDINARY COUNCIL MEETING AGENDA 19 NOVEMBER 2019

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TABLE OF CONTENTS

ITEM SUBJECT PAGE NO

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

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

2.1 Apologies .................................................................................................. 2

2.2 Approved Leave of Absence .................................................................... 2

3. DISCLOSURE OF INTERESTS ............................................................................... 2

3.1 Declarations of Interest (Financial/Direct/Indirect) and Proximity ......... 2

3.2 Declarations of Impartiality ...................................................................... 2

4. ANNOUNCEMENT BY THE PRESIDING MEMBER (WITHOUT DISCUSSION) .......................................................................................................... 2

5. REPORTS OF DELEGATES (WITHOUT DISCUSSION) ......................................... 2

6. QUESTION TIME FOR PUBLIC ............................................................................... 2

6.1 Response to Previous Questions Taken on Notice ................................ 2

6.2 Questions From the Public ....................................................................... 2

7. CONFIRMATION OF MINUTES ............................................................................... 3

8. RECEIVING OF PETITIONS, PRESENTATIONS AND DEPUTATIONS .................. 3

8.1 Petitions ..................................................................................................... 3

8.2 Presentations ............................................................................................ 3

8.3 Deputations ............................................................................................... 3

9. APPLICATION FOR LEAVE OF ABSENCE ............................................................ 3

10. QUESTIONS BY MEMBERS OF WHICH DUE NOTICE HAS BEEN GIVEN (WITHOUT DISCUSSION)........................................................................................ 3

10.1 Cr Bain ....................................................................................................... 3

10.2 Cr Barry ..................................................................................................... 4

11. ITEMS BROUGHT FORWARD FOR THE CONVENIENCE OF THOSE IN THE PUBLIC GALLERY .......................................................................................... 4

12. REPORTS OF COMMITTEE MEETINGS ................................................................. 4

13. REPORTS ................................................................................................................ 4

13.1 Office of the CEO ...................................................................................... 5

OC-009-19 Representation on Internal Committees and External Organisations ..................................................................................... 5

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13.2 Director Canning Community and Commercial .................................... 19

CC-048-19 Council Meeting Dates 2020 ............................................................ 19

CC-049-19 Monthly Financial Report September 2019 ...................................... 23

CC-050-19 Re-appointment of Independent External Members to the Audit and Risk Committee ......................................................................... 35

13.3 Director Canning Sustainable Development ......................................... 39

SD-016-19 Willetton Industrial Area Planning Review ........................................ 39

13.4 Director Canning Environment .............................................................. 46

EN-028-19 Review of Public Comment and Endorsement of the Draft Urban Forest Strategy 2019-2039............................................................... 46

EN-029-19 Bywater Park Dog Exercise Area Trial ............................................. 57

EN-030-19 Sustainability and Environment Advisory Group Unconfirmed Meeting Minutes for September 2019. ............................................. 70

14. MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN ........................... 86

NOM-015-19 Homelessness in the City of Canning.............................................. 86

NOM-016-19 Bushfire Relief Donation ................................................................. 89

15. URGENT BUSINESS ............................................................................................. 90

16. CONFIDENTIAL MATTERS ................................................................................... 90

16.1 Director Canning Environment .............................................................. 91

EN-031-19 Rivers Regional Council - Regional Subsidiary ................................ 91

17. CLOSURE .............................................................................................................. 92

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ORDINARY COUNCIL MEETING AGENDA 19 NOVEMBER 2019

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NOTICE PAPER

ORDINARY COUNCIL MEETING

TUESDAY 19 NOVEMBER 2019

MAYOR AND COUNCILLORS

I inform you that an Ordinary Council Meeting will be held in the Council Chambers on 19 November 2019 at 6.00pm.

Your attendance is respectfully requested.

Yours faithfully,

Friday, 15 November 2019

Athanasios (Arthur) Kyron Chief Executive Officer

AG E N D A

If any of the Elected Members have any queries on the Items set out in this Agenda, it would be appreciated if they could contact the relevant Director:

1. Chief Executive Officer 9231 0603

2. Director Canning Community and Commercial 9231 0750

3. Director Canning Sustainable Development 9231 0676

4. Director Canning Environment 9231 0645

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1. DECLARATION OF OPENING ANNOUNCEMENT OF VISITORS AND DISCLAIMER

We would seek to acknowledge the Wajuk (Wudjyuk) people, the traditional owners of the land. We would also like to pay our respect to Elders, both past and present.

2. ATTENDANCE

2.1 Apologies

2.2 Approved Leave of Absence

3. DISCLOSURE OF INTERESTS

3.1 Declarations of Interest (Financial/Direct/Indirect) and Proximity

Officer/Elected Member

Order of Business/ Report No

Agenda Page No

Item Details Intent to Seek Ruling

Nature of Interest

3.2 Declarations of Impartiality

Officer/Elected Member

Order of Business/ Report No

Agenda Page No Item Details Nature of Association

4. ANNOUNCEMENT BY THE PRESIDING MEMBER (WITHOUT DISCUSSION)

5. REPORTS OF DELEGATES (WITHOUT DISCUSSION)

6. QUESTION TIME FOR PUBLIC

6.1 Response to Previous Questions Taken on Notice

Mr W Hill, Stockman Way, Cannington

A question was Taken on Notice at the Ordinary Council Meeting of 15 October 2019 from Mr W Hill, Stockman Way, Cannington. On 30 October 2019, the City responded as follows:

Question

How much does it cost to obtain and install one of those ‘Building a Better Community’ signs that are turning up around the area?

Response

The total cost to install the sign you are relating to is approximately $225. The sign by itself cost $110 to purchase new. Additional costs (including new posts, installation, labour etc) are approximately $115.

6.2 Questions From the Public

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7. CONFIRMATION OF MINUTES

Recommendation

That the Minutes of the Ordinary Council Meeting held 15 October 2019 be confirmed as circulated.

Recommendation

That the Minutes of the Special Council Meeting held 22 October 2019, at 6.00pm be confirmed as circulated.

Recommendation

That the Minutes of the Special Council Meeting held 22 October 2019 at 6.30pm be confirmed as circulated.

8. RECEIVING OF PETITIONS, PRESENTATIONS AND DEPUTATIONS

8.1 Petitions

Nil.

8.2 Presentations

Nil.

8.3 Deputations

A Deputation has been approved for Mrs Stewart-Johnson regarding Item NOM-015-19 Homelessness in the City of Canning.

9. APPLICATION FOR LEAVE OF ABSENCE

Cr Y Ponnuthurai has requested leave of absence for the period:

15 December 2019 to 31 December 2019 inclusive.

10. QUESTIONS BY MEMBERS OF WHICH DUE NOTICE HAS BEEN GIVEN (WITHOUT DISCUSSION)

10.1 Cr Bain

Cr Bain submitted the following questions:

Question 1

Are there any native alternatives to the London Plane Trees which are reserved for planting along Cecil Avenue, given that other Councils are now phasing them out - the impact of their leaf litter on waterways and pathways which clargan become slippery and require management, their minimal ecological value to native fauna as well as their propensity to produce allergens? Will there be a diversity of trees, including native species, in the new City Centre to avoid the creation of a monoculture?

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Question 2

Could the Council please provide statistics on the number and type of vehicle accidents recorded on Manning Road between Centenary Ave and Braibrise Road in Wilson/Bentley this year?

Question 3

What is the Council’s future plans in regards to the Heritage Listed wall at the entrance of Castledare Road which was removed during the construction of the dual use path?

10.2 Cr Barry

Cr Barry submitted the following questions:

Question 1

When can Ratepayers expect to see some movement forward in relation to the Carousel pedestrian bridge over Albany Highway, ie what are the current timelines for a start and finish along with any noted impediments that would prevent its timely construction?

Question 2

Has a date been set for the Bannister Ward election, if so, are you at liberty to inform Elected Members and the public at large?

Question 3

What is the number of FTE employees and number of casuals/part-timers currently employed by the City of Canning? Can you clarify whether consultants contracted by the City are classed as employees for the duration of their contract?

What is the percentage of employee turnover per annum for the years 2017-2018 and 2018-2019? Are employees who leave the City required to complete an exit review?

Question 4

Could details please be provided on the following Warrant Listings payments for Item CC-049-19:

a) 11827 - Security Management Services Pty Ltd - for surveillance equipment services, for the sum of $ 106,000 (approx)?

b) 12024 - Thomson Geer for legal advice for the sum of $122,000 (approx)?

c) 10923 - Australian Institute of Management for Education and Training for the sum of $155,000 (approx)?

d) 99998 - Little Learners Playgroup, warrant entries make it impossible to discern bonds, refunds etc and others are very non descriptive. Where are they located in the City?

e) I presume 99998 is a City account ,what is its prime purpose?

11. ITEMS BROUGHT FORWARD FOR THE CONVENIENCE OF THOSE IN THE PUBLIC GALLERY

12. REPORTS OF COMMITTEE MEETINGS

Nil.

13. REPORTS

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OC-009-19 Representation on Internal Committees and External Organisations OC-009-19

13.1 Office of the CEO

OC-009-19 Representation on Internal Committees and External Organisations

PROGRAM: Office of the CEO

SUB PROGRAM: Office of the CEO

FILE REF: Q19/421

REPORT DATE: 14 November 2019

REPORTING OFFICER: Donna Ross - Executive Officer

RESPONSIBLE OFFICER: Athanasios (Arthur) Kyron - Chief Executive Officer

Strategic Plan Theme: LEAD - Accountable, responsible and forward-thinking administration.

Community Goal: Effective leadership and good governance. Council Strategy: Open and transparent to the community and stakeholders.

Authority/Discretion: Advocacy: When Council advocates on its own behalf or on

behalf of its community to another level of government, body or agency.

Attachments: 1. Information on Committee and organisations for representation by Elected Members (D19/145652).

In Brief:

For Council to give consideration to appointing Elected Members to committees and organisation as representatives for the City of Canning.

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OC-009-19 Representation on Internal Committees and External Organisations OC-009-19

OFFICER RECOMMENDATION

1. That Council, in accordance with section 7.1A(2) of the Local Government Act 1995, appoints three Elected Members to the City’s Audit and Risk Committee:

a) Cr

b) Cr

c) Cr

“ABSOLUTE MAJORITY REQUIRED”

2. That Council, in accordance with section 5.10(1) of the Local Government Act 1995, and Council Policy AD.04 CEO Performance and Salary Review, appoints the following Elected Members to the City’s CEO Performance and Salary Review Committee:

a) Mayor

b) Deputy Mayor

c) Cr

d) Cr

“ABSOLUTE MAJORITY REQUIRED”

3. That Council appoints the following Elected Members to represent the City on the following external organisations:

1) Joint Development Assessment Panels (two delegates and two alternative delegates required):

a) Cr as delegate

b) Cr as delegate

c) Cr as deputy delegate

d) Cr as deputy delegate

2) Local Emergency Management Committee – Canning and South Perth (one delegate and one deputy)

a) Cr as delegate

b) Cr as deputy delegate

3) WALGA – South East Metropolitan Zone meetings (two Delegates, two alternative Delegates)

a) Cr as delegate

b) Cr as delegate

c) Cr as deputy delegate

d) Cr as deputy delegate

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OC-009-19 Representation on Internal Committees and External Organisations OC-009-19

4) Canning River Regional Park Community Advisory Committee (one delegate and one deputy)

a) Cr

b) Cr

5) Perth Airports Municipalities Group (one delegate and one deputy)

a) Cr

b) Cr

6) Jandakot Airport Community Aviation Consultation Group (one delegate and one deputy)

a) Cr

b) Cr

7) Metropolitan Regional Road Group (one delegate and one deputy)

a) Cr

b) Cr

8) Canning Neighbourhood Watch Meeting (one delegate and one deputy)

a) Cr

b) Cr

Relevant Council Resolutions

Council Meeting and Date Report No Decision

16 November 2017

OC-003-17

Appointment of Elected Members on various Committees and external organisations

17 November 2015

CE-018-15

Appointment of Elected Members on various internal Committees and external organisations

BACKGROUND

1 Following Council elections every two years, Council is requested to appoint Elected Members as Delegates to represent the City on a range of internal committees and external organisations.

DETAILS

2 Elected Member Committee membership and representation on community groups is reviewed every two years, to provide consistency to membership and to offer the widest experience of community involvement to all Elected Members.

3 Details of the proposed Committees and organisations are attached. (Refer Attachment 1).

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OC-009-19 Representation on Internal Committees and External Organisations OC-009-19

CONSIDERATIONS

Legal Compliance

4 Under the Local Government Act 1995, Section 5.10(2) states that at any given time each

Council member is entitled to be a member of at least one committee.

5 Section 5.10(4) also states that if at a meeting of the Council a local government is to make an appointment to a committee that has or could have a Council member as a member and the Mayor or President inform the local government of his or her wish to be a member of the committee the local government is to appoint the Mayor or President to be a member of the committee. The Presiding Member of the Committees will be determined at the Committees first meeting, in accordance with Section 5.12 of the Local Government Act 1995.

6 In accordance with the Planning and Development Act 2005, relevant local governments are

required to nominate Elected Members to set on the Metropolitan Central Joint Development Assessment Panel.

Policy Implications

7 Not applicable.

Financial Considerations

Business Plan

8 Not applicable.

Internal Budget

9 Not applicable.

Asset Management

10 Not applicable.

Sustainability Considerations

11 The new Sustainability policy was adopted 18 June 2019. The City is now working towards determining a set of City-wide targets, which will provide measurable criteria for sustainability progress assessment.

Consultation

12 Not applicable.

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OC-009-19 Representation on Internal Committees and External Organisations OC-009-19

Other Considerations or Risks Risk/ Opportunity

Consequences Mitigation/

Actions Consequence

Likelihood X

Consequence Rating

= Overall Risk/ Opportunity

Officer Recommendation approved by the Council (positive outcomes) Opportunity A

Representation of the City beneficial to the community.

Communicate the appointments to the relevant organisations.

Almost Certain Minor High

(Opportunity)

Officer Recommendation approved by the Council (negative outcomes) Risk B

Not applicable. Not applicable. Not applicable Not applicable Not applicable

Officer Recommendation deferred by the Council Risk C

If deferred, no Council representation on Committees / organisations.

Briefing paper prepared on each Committee / organisation objectives.

Almost Certain Minor High (Risk)

Officer Recommendation declined by the Council Risk D

No Council representation, community has no voice.

Briefing paper prepared on each Committee / organisation objectives.

Almost Certain Moderate High (Risk)

COMMENT

13 Members’ tenure for the City’s two Committees of Council expired on the day of the Local Government Ordinary Election, being 19 October 2019. Council is requested to appoint new Committee Members to these operating Committees of Council.

14 There are a number of Panels, Advisory Groups and Community groups that either require Council representation as a regulatory requirement or because Council has traditionally appointed an Elected Member to the group.

VOTING REQUIREMENT

15 Parts 1 and 2 of the Officer Recommendation require an Absolute majority vote, in accordance with section 7.1A(2) and section 5.10(21) of the Local Government Act 1995 respectively. Part 3 of the Officer Recommendation is a Simple majority vote.

AGENDA BRIEFING COMMENT

16 The Mayor advised Elected Members that if they wished to nominate to a Committee or organisation, they were to notify the Chief Executive Officer with their nomination by close of business on Monday, 18 November 2019.

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Item OC-009-19 - Attachment 1 Information on Committee and organisations for representation by Elected Members

Page 10

OC-009-19 Representation on Internal Committees and External Organisations OC-009-19

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Item OC-009-19 - Attachment 1 Information on Committee and organisations for representation by Elected Members

Page 11

OC-009-19 Representation on Internal Committees and External Organisations OC-009-19

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Item OC-009-19 - Attachment 1 Information on Committee and organisations for representation by Elected Members

Page 12

OC-009-19 Representation on Internal Committees and External Organisations OC-009-19

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Item OC-009-19 - Attachment 1 Information on Committee and organisations for representation by Elected Members

Page 13

OC-009-19 Representation on Internal Committees and External Organisations OC-009-19

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Item OC-009-19 - Attachment 1 Information on Committee and organisations for representation by Elected Members

Page 14

OC-009-19 Representation on Internal Committees and External Organisations OC-009-19

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Item OC-009-19 - Attachment 1 Information on Committee and organisations for representation by Elected Members

Page 15

OC-009-19 Representation on Internal Committees and External Organisations OC-009-19

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Item OC-009-19 - Attachment 1 Information on Committee and organisations for representation by Elected Members

Page 16

OC-009-19 Representation on Internal Committees and External Organisations OC-009-19

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Item OC-009-19 - Attachment 1 Information on Committee and organisations for representation by Elected Members

Page 17

OC-009-19 Representation on Internal Committees and External Organisations OC-009-19

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Item OC-009-19 - Attachment 1 Information on Committee and organisations for representation by Elected Members

Page 18

OC-009-19 Representation on Internal Committees and External Organisations OC-009-19

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CC-048-19 Council Meeting Dates 2020 CC-048-19

13.2 Director Canning Community and Commercial

CC-048-19 Council Meeting Dates 2020

PROGRAM: Canning Community and Commercial

SUB PROGRAM: Governance Canning

FILE REF: Q19/417

REPORT DATE: 14 November 2019

REPORTING OFFICER: Karen Cornish - Supervisor Governance & Compliance

RESPONSIBLE OFFICER: Garry Adams - Director Canning Community and Commercial

Strategic Plan Theme: LEAD - Accountable, responsible and forward-thinking

administration. Community Goal: Effective leadership and good governance. Council Strategy: Comply with legal requirements.

Authority/Discretion: Legislative: Includes adopting Local Laws, Town Planning Schemes and Policies. Review when Council reviews decisions made by Officers.

Attachments: Nil.

In Brief:

This report seeks Council endorsement of the Agenda Briefing and Ordinary Council Meeting dates for 2020 and the provision of public notice of these meetings, as required by the Local Government Act 1995, and the Local Government (Administration) Regulations 1996.

OFFICER RECOMMENDATION

That Council gives Local Public Notice of the following 2020 schedule of Agenda Briefing and Ordinary Council Meetings to be held in the Council Chambers, Civic and Administration Centre, 1317 Albany Highway, Cannington, commencing at 6.30pm.

2 0 2 0

Agenda Briefings Ordinary Council Meetings

11 February 18 February

10 March 17 March

14 April (Easter Monday 13/4) 21 April

12 May 19 May

9 June 16 June

14 July 21 July

11 August 18 August

8 September 15 September

13 October 20 October

10 November 17 November

1 December 8 December

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CC-048-19 Council Meeting Dates 2020 CC-048-19

Relevant Council Resolutions

Council Meeting and Date

Report No Decision

16 October 2018

CC-047-18

COUNCIL DECISION

MOVED Cr Kunze, SECONDED Cr Ponnuthurai, that Council gives Local Public Notice of the following 2019 schedule of Agenda Briefing and Ordinary Council Meetings to be held in the Council Chambers, Civic and Administration Centre, 1317 Albany Highway, Cannington, commencing at 6.00pm.

2 0 1 9

Agenda Briefings Ordinary Council Meetings

12 February 19 February

12 March 19 March

9 April 16 April

14 May 21 May

11 June 18 June

9 July 16 July

13 August 20 August

10 September 17 September

8 October 15 October

12 November 19 November

3 December 10 December

BACKGROUND

1 Section 5.25(1) (g) of the Local Government Act 1995, and Regulation 12(1) of the Local Government (Administration) Regulations 1996, requires each Local Government to give

public notice at least once each year of the dates, time and place at which the Ordinary Meetings of Council are to be held in the next 12 months. DETAILS

2 It is proposed to maintain the same sequencing of meetings for 2020 as occurred in 2019, with all meetings held in the Council Chambers commencing at 6.30pm.

3 In 2020 (except for December 2020), the City of Canning (‘the City’) will hold its Agenda Briefings on the second Tuesday of each month, with the Ordinary Council Meetings held on the third Tuesday.

4 The first Tuesday of each month (except for December) is reserved for additional meetings or briefings as required.

5 The meeting dates for December 2020 schedules the Agenda Briefing on the first Tuesday of the month, with the Ordinary Council Meeting held on the second Tuesday. This accommodates the administrative pressures in preparing the minutes for publication, prior to the ‘closure’ for Christmas and Council moving into recess.

6 Meetings are not held in January when Council is in recess.

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CC-048-19 Council Meeting Dates 2020 CC-048-19

CONSIDERATIONS

Legal Compliance

7 Local public notice of Ordinary Council Meetings for the following 12 months is required as prescribed in Section 5.25(1) (g) of the Local Government Act 1995, and Regulation 12(1) of the Local Government (Administration) Regulations 1996.

Policy Implications

8 a) CM105 – Members’ Briefing Framework.

b) Policy AD.02 – Question Time at Council Meetings.

c) City of Canning Code of Conduct.

Financial Considerations

Business Plan

9 Not applicable.

Internal Budget

10 Not applicable.

Asset Management

11 Not applicable.

Sustainability Considerations

12 Not applicable.

Consultation

13 Consultation with the Chief Executive Officer and Executive Team.

Other Considerations or Risks

Risk/ Opportunity

Consequences Mitigation/

Actions Consequence

Likelihood X

Consequence Rating

= Overall Risk/ Opportunity

Officer Recommendation Approved by Council (Positive Outcomes) Opportunity A

Compliance with Section 5.25(1) (g) of the Local Government Act 1995; Regulation 12(1) of the Local Government (Administration) Regulations. Permits forward planning of meetings for 2020. Process efficiencies.

Adoption of meeting dates. Public notice of meeting dates.

Almost Certain Moderate High

(Opportunity)

Officer Recommendation Approved by Council (Negative Outcomes)

Not applicable. Not applicable. Not applicable. Not applicable. Not applicable.

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CC-048-19 Council Meeting Dates 2020 CC-048-19

Risk/ Opportunity

Consequences Mitigation/

Actions Consequence

Likelihood X

Consequence Rating

= Overall Risk/ Opportunity

Risk B

Officer Recommendation Deferred by Council Risk C

Potential compliance breach. Impact on forward planning for 2020 meetings and process efficiencies.

Consultation with Chief Executive Officer and Executive Team. Schedule prepared in accordance with current practices.

Possible Minor Medium (Risk)

Officer Recommendation Declined by Council Risk D

Compliance breach. Impact on forward planning for 2019 meetings and process efficiencies.

Consultation with Chief Executive Officer and Executive Team. Schedule prepared in accordance with current practices.

Almost Certain Moderate High (Risk)

COMMENT

14 It is proposed that Council maintain the meeting sequencing practiced in 2019 for Agenda Briefings and Ordinary Council Meetings in 2020, apart from the start time for meetings to be 6.30pm rather than 6.00pm.

VOTING REQUIREMENT

15 Simple majority.

AGENDA BRIEFING COMMENT

16 Nil.

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CC-049-19 Monthly Financial Report September 2019 CC-049-19

CC-049-19 Monthly Financial Report September 2019

PROGRAM: Canning Community and Commercial

SUB PROGRAM: Business Canning

FILE REF: Q19/418

REPORT DATE: 14 November 2019

REPORTING OFFICER: Hitesh Attawala - Manager Finance & Asset Management

RESPONSIBLE OFFICER: Garry Adams - Director Canning Community and Commercial

Strategic Plan Theme: LEAD - Accountable, responsible and forward-thinking

administration. Community Goal: Effective leadership and good governance. Council Strategy: Prudent financial management and long term financial

sustainability.

Authority/Discretion: Legislative: Includes adopting Local Laws, Town Planning Schemes and Policies. Review when Council reviews decisions made by Officers.

Attachments: 1. Monthly Financials as at 30 September 2019

(D19/139578). 2. Investments as at 30 September 2019 (D19/131947). 3. Warrant Listing as at 30 September 2019 (D19/139030).

(Large Attachments)

In Brief:

The Monthly Financial Report provides details of the City of Canning’s (‘the City’) current financial position in relation to the 2019-2020 Annual Budget, including the reporting of material variances (10% or $50,000, whichever is greater), in the Statements of Financial Activity. This report also details the City’s portfolio of investments, payments made during the month and the exercise of Officer Delegations related to the City’s financial operations. The City is in a sound financial position, and there are no significant issues of note to be brought to the attention of Council.

OFFICER RECOMMENDATION

That Council:

1. Receives the Monthly Financial Report for the period ended 30 September 2019 (Attachment 1).

2. Receives the Monthly Investment Report for the period ended 30 September 2019 (Attachment 2).

3. Receives the List of Accounts Authorised for Payment Under Delegated Authority for the period ended 30 September 2019 for the amount totalling $10,535,885.97 (Attachment 3).

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Relevant Council Resolutions

Council Meeting and Date Report No Decision

SCM 15 August 2019 CC-040-19 2019-2020 Annual Budget

Adopted

BACKGROUND

1 The reporting of monthly financial information is a requirement under Section 6.4 of the Local Government Act 1995 (‘Act’) and Regulation 34 of the Local Government (Financial Management) Regulations 1996 (‘Regulations’).

2 As part of the annual budget process, Council has adopted 10% or $50,000, whichever is greater; to be used for reporting material variances in the Statements of Financial Activity. The Statements of Financial Activity for September 2019 is included as Attachment 1.

3 The report also includes Attachment 2 which details the City’s investments, in accordance with Policy AF306 Investments.

4 Pursuant to Regulation 13 of the Regulations, a list of payments made from the Municipal and Trust accounts is required to be presented to Council on a periodical basis. These details are included as Large Attachment 3. In accordance with Regulation 12 of the Regulations, the Chief Executive Officer has delegated authority to make these payments. .

DETAILS

5 The Statement of Financial Activity for each month provides details of the annual and year-to-date budget position versus the actual position, at a particular point in time.

6 Details of major material variances are reported at program level, as defined by the Local Government (Financial Management) Regulations 1996.

CONSIDERATIONS

Legal Compliance

7 Sections 6.26(2) (g) and 6.4 of the Local Government Act 1995 and associated Local Government (Financial Management) Regulations 1996 and Section 6.16 of the Local Government Act 1995.

Policy Implications

8 The City’s Annual Budget for the year 2019-2020, as adopted by Council, is set within the parameters of Policy FM.05 Budget Preparation.

9 Policy AF306 Investments outlines principles of management of surplus funds and requires reporting of the City’s investment portfolio on a monthly basis.

10 Expenditure from Municipal and Trust Funds have been incurred in accordance with Policy AF301 Procurement of Goods and Services.

Financial Considerations

Business Plan

11 Business Canning. Financial Reporting

a) To prepare the City’s Annual Report, Annual Budget and Long Term Financial Plan.

b) To oversee acquittals for external agencies.

c) To prepare the City’s accounts for audit.

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12 Current material variances affecting the City’s 2019-2020 Annual Budget are detailed within Attachment 1.

Internal Budget

Asset Management

13 Not applicable.

Sustainability Considerations

14 The new Sustainability policy was adopted 18 June 2019. The City is now working towards determining a set of City-wide targets, which will provide measurable criteria for sustainability progress assessment.

Consultation

15 Not applicable.

Other Considerations or Risks

16 Council approved the City’s Annual Budget for the year 2019-2020 at the Special Council Meeting on 15 August 2019, via report CC-040-19. The Annual Budget was adopted with a balanced budget.

17 The amount reported as budgeted opening surplus brought forward from last year is on account of carry forward projects from previous year and is based on the draft financial statements submitted to the Council as part of adoption of the budget for the year 2019-2020. The actual opening surplus reported is based on the draft financial statements and are subject to year-end external audit, expected to be completed in November 2019.

COMMENT

18 The City’s overall financial position is sound.

19 It should be noted that the Warrant of Payments is a system generated report which relies on supplier categorisation. The descriptions used best represent the City’s typical procurement and purchases; however some actual items purchased may differ.

20 As per the Regulations, there is no requirement for inclusion of commitments on account of purchase orders in the monthly financial report however, for better reporting the City has reported commitments in this financial report.

VOTING REQUIREMENT

21 Simple majority.

AGENDA BRIEFING COMMENT

22 Nil.

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Item CC-049-19 - Attachment 1 Monthly Financials as at 30 September 2019

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Item CC-049-19 - Attachment 1 Monthly Financials as at 30 September 2019

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Item CC-049-19 - Attachment 1 Monthly Financials as at 30 September 2019

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Item CC-049-19 - Attachment 1 Monthly Financials as at 30 September 2019

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Item CC-049-19 - Attachment 1 Monthly Financials as at 30 September 2019

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Item CC-049-19 - Attachment 1 Monthly Financials as at 30 September 2019

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Item CC-049-19 - Attachment 2 Investments as at 30 September 2019

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Item CC-049-19 - Attachment 2 Investments as at 30 September 2019

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CC-050-19 Re-appointment of Independent External Members to the Audit and Risk Committee

PROGRAM: Canning Community and Commercial

SUB PROGRAM: Governance Canning

FILE REF: Q19/419

REPORT DATE: 14 November 2019

REPORTING OFFICER: June Alexander - Leader Assurance

RESPONSIBLE OFFICER: Garry Adams - Director Canning Community and Commercial

Strategic Plan Theme: LEAD - Accountable, responsible and forward-thinking

administration. Community Goal: Effective leadership and good governance. Council Strategy: Comply with legal requirements.

Authority/Discretion: Legislative: Includes adopting Local Laws, Town Planning Schemes and Policies. Review when Council reviews decisions made by Officers.

Attachments: Nil.

In Brief:

The purpose of this report is to re-confirm the appointment of two external members to the Audit and Risk Committee in accordance with statutory obligations and the Committee’s Terms of Reference.

At the 21 August 2018 Ordinary Council Meeting, Council appointed Mr Mark Wallace and Ms Elsie Lee as independent external members to the City of Canning’s Audit and Risk Committee from September 2018 to July 2020.

Under Section 5.11 (2) of the Local Government Act 1995, membership of the Audit and Risk

Committee expired on 19 October 2019, with the holding of the Local Government Ordinary Elections.

The Audit and Risk Committee Terms of Reference allow Council to appoint independent external members for a maximum term of two years.

OFFICER RECOMMENDATION

That Council confirms the appointment of Mr Mark Wallace and Ms Elsie Lee as independent external members to the City of Canning’s Audit and Risk Committee to 15 September 2020, in accordance with section 7.1A(2) of the Local Government Act

1995. “ABSOLUTE MAJORITY REQUIRED”

Relevant Council Resolutions

Council Meeting and Date Report No Decision

OCM 21 August 2018 CC-032-18

That Council appoints Mr Mark Wallace and Ms Elsie Lee as independent members to the City of Canning’s Audit and Risk Committee from September 2018 to July 2020.

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BACKGROUND

1 In accordance with section 5.11(2) of the Local Government Act 1995 (‘the Act’), membership of the City of Canning’s Audit and Risk Committee (‘ARC’) expired on 19 October 2019 with the holding of the Local Government Ordinary Elections. The ARC Terms of Reference specify membership is to consist of three Council Members and two independent external members. The two independent external members were initially appointed by Council for the period from September 2018 to July 2020. In order to continue as members of the ARC, for the maximum term permitted under the ARC Terms of Reference, the two external members will need to be reappointed by Council.

DETAILS

2 The City called for expressions of interest from two community members who were interested in becoming a member of the ARC, in line with the Committee’s updated Terms of Reference (‘TOR’).

3 The City ran a formal merit based evaluation process. At the completion of that process, the recommended candidates were Mr Mark Wallace and Ms Elsie Lee.

4 At the 21 August 2018 Ordinary Council Meeting, Council appointed Mr Mark Wallace and Ms Elsie Lee as external members to the ARC from September 2018 to July 2020.

5 Mr Wallace and Ms Lee have attended and contributed to the ARC meetings since September 2018.

6 Under Section 5.11 (2) of the Local Government Act 1995, membership of the Audit and Risk

Committee expired on 19 October 2019, with the holding of the Local Government ordinary elections.

7 The ARC TOR allows Council to appoint independent external members for a maximum term of two years. Council can reappoint Mr Wallace and Ms Lee as members of the ARC until September 2020, being two years from the original appointment commencement date of September 2018.

8 The alternative option to reappointing Mr Wallace and Ms Lee as the two independent members would be to revisit the expression of interest process, including advertising the positions; evaluating responses; interviewing applicants and selecting successful candidates. Given that Mr Wallace and Ms Lee have served just over half of their original Council appointed term, and in that time they have shown themselves to be valuable and committed members of the Committee, reappointing them until September 2020 is the recommended option.

CONSIDERATIONS

Legal Compliance

9 Sections 5.11(2) of the Local Government Act 1995:

Where a person is appointed as a member of a committee other than under section 5.10(4) or (5), the person’s membership of the committee continues until —

(a) the term of the person’s appointment as a committee member expires; or

(b) the local government removes the person from the office of committee member or the office of committee member otherwise becomes vacant; or

(c) the committee is disbanded; or

d) the next ordinary elections day,

whichever happens first.

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10 Section 7.1A of the Local Government Act 1995:

a) A local government is to establish an audit committee of 3 or more persons to exercise the powers and discharge the duties conferred on it.

b) The members of the audit committee of a local government are to be appointed* by the local government and at least 3 of the members, and the majority of the members, are to be council members.

* Absolute majority required.

c) A CEO is not to be a member of an audit committee and may not nominate a person to be a member of an audit committee or have a person to represent the CEO as a member of an audit committee.

d) An employee is not to be a member of an audit committee.

Policy Implications

11 Audit and Risk Committee Terms of Reference.

Financial Considerations

Business Plan

12 Governance Canning.

Internal Budget

13 Recommended independent external members do not seek any reimbursement for attending the Committee meetings.

Asset Management

14 Not applicable.

Sustainability Considerations

15 Not applicable.

Consultation

16 Mr Wallace and Ms Lee have been advised that their membership to the ARC expired on 19 October 2019, and Council approval is being sought to reappoint them until September 2020. Both Mr Wallace and Ms Lee are agreeable to this course of action.

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Other Considerations or Risks

Risk/ Opportunity

Consequences Mitigation/

Actions Consequence

Likelihood X

Consequence Rating

= Overall Risk/ Opportunity

Officer Recommendation approved by the Council (positive outcomes) Opportunity A

The City will continue to benefit from independent expert advice from industry leaders.

Confirm the appointments to the applicants.

Likely Significant

High

(Opportunity)

Mainly due to the experience

these members bring

to the Committee

Officer Recommendation approved by the Council (negative outcomes) Risk B

Not applicable Not applicable Not applicable Not applicable Not applicable

Officer Recommendation deferred by the Council Risk C

City will not receive advice and insights from independent external members until they are appointed.

Independent externals recommended have demonstrated vast amount of industry experience in similar roles, have already served fourteen months as members of the ARC and shown themselves to be valuable and committed members of the Committee.

Likely Insignificant Low

(Risk)

Officer Recommendation declined by the Council Risk D

City to revisit the expression of interest process to seek two new candidates to recommend for Council approval to appoint to the ARC; or

City will not receive the benefits of having experienced independent external members in the Committee.

Independent externals recommended have demonstrated vast amount of industry experience in similar roles, have already served fourteen months as members of the ARC and shown themselves to be valuable and committed members of the Committee.

Almost Certain Moderate High

(Risk)

VOTING REQUIREMENT

17 Absolute majority in accordance with Section 7.1A Local Government Act 1995.

AGENDA BRIEFING COMMENT

18 Nil.

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13.3 Director Canning Sustainable Development

SD-016-19 Willetton Industrial Area Planning Review

PROGRAM: Canning Sustainable Development

SUB PROGRAM: Liveable Canning

FILE REF: Q19/412

REPORT DATE: 14 November 2019

REPORTING OFFICER: Chris Schooling - Senior Strategic Projects Planner

RESPONSIBLE OFFICER: Graeme Bride - Director Canning Sustainable Development

Strategic Plan Theme: PROSPER - A thriving local economy. Community Goal: Diverse and vibrant centres throughout the City. Council Strategy: Industrial Areas of Welshpool, Canning Vale and Willetton are

modern and attractive to existing and new businesses.

Authority/Discretion: Executive: The substantial direction setting and oversight role of the Council eg adopting plans and reports, accepting tenders, directing operations, setting and amending budgets.

Attachments: 1. Willetton Industrial Area Planning Review Report (D19/83722). (Large Attachments)

In Brief:

At the 18 June 2019 Ordinary Meeting, Council passed a Notice of Motion (NOM-010-19) requesting the City to identify the planning merits of requesting the State Government amend the Metropolitan Region Scheme zone for the Willetton Industrial Area from ‘Industrial’ to ‘Urban’.

This report responds to the Notice of Motion through identifying the planning merits of a Metropolitan Region Scheme zone change and setting out a recommended option for Council’s consideration.

OFFICER RECOMMENDATION

That Council:

1. Receives the Willetton Industrial Area Planning Review Report at Attachment 1.

2. Authorises the Chief Executive Officer to request the Western Australian Planning Commission consider amending the Metropolitan Region Scheme zone affecting the Willetton Industrial Area from ‘Industrial’ to ‘Urban’.

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Relevant Council Resolutions

Council Meeting and Date Report No Decision

Ordinary Council Meeting 18 June 2019

NOM-010-19

That Council requests the Chief Executive Officer prepare a report for Council’s consideration prior to, or at the November 2019 Ordinary Council Meeting, identifying the planning merits of requesting the State Government change the designation of the Willetton Mixed Use Precinct under the Metropolitan Region Scheme (‘MRS’) from ‘Industrial’ to ‘Urban’, noting the changing land use mix from a traditional light industrial precinct to a more commercial mixed use precinct.

LOCATION MAP

BACKGROUND

1 The Willetton Industrial Area comprises a portion of the suburb of Willetton generally bounded by High Road, Augusta Street, Acanthus Road and Herald Avenue and developed as a mixed industrial/commercial area. Initially established from the 1960’s, the Willetton Industrial Area was intended as an industrial centre that served the growing residential communities around the Riverton and Willetton localities. It was envisaged the area would also provide local employment opportunities for new residents, including where one could live and operate an industry from the same property.

2 During the early 1960’s, the State of Western Australia and the (then) Shire of Canning were individually developing respective planning frameworks which were to guide development and land uses across the Perth metropolitan region (being the Metropolitan Region Scheme (‘MRS’)) and the Willetton Industrial Area (forming Town Planning Scheme No. 6) respectively. The MRS included an ‘Industrial’ zone in the location of what is now the Willetton Industrial Area at the request of the Shire of Canning, as the Shire was concurrently planning for industrial development in that location. Accordingly, the ‘Industrial’ zone has remained in the MRS since 1963.

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3 From its initial development, the Willetton Industrial Area evolved to accommodate commercial functions alongside the original industrial land uses, which over time has resulted in a diverse land use mix that provides specific services to the local community. In addition, surrounding residential development progressed in Willetton and Riverton, establishing a local population that could be served by businesses in the Willetton Industrial Area.

4 A transition in land use mix from the original industrial-type development towards more commercial land uses was recognised by the City in the early 1990’s, during the development of Town Planning Scheme No. 40 (‘TPS 40’). At the same time, the MRS

‘Industrial’ zone was acknowledged to present an obstacle to zoning the area for commercial-style development in TPS 40. In order to address this matter, the ‘Mixed Business’ zone was developed to guide establishment of commercial-type land uses in the context of the underlying MRS ‘Industrial’ zone. The ‘Mixed Business’ zone is still present in TPS 40.

5 Since 2012, the City has been developing a Local Planning Strategy and a new Local Planning Scheme No. 42 (‘LPS 42’), which will replace TPS 40. LPS 42 was adopted by Council at the 16 April 2019 Ordinary Meeting (Item SD-002-19), and is presently undergoing review by the Western Australian Planning Commission (‘WAPC’). LPS 42 is guided by the Planning and Development (Local Planning Schemes) Regulations 2015 (‘PD Regulations’)

Schedule 1 Model Provisions, which specifies standard zones and land uses that are to be reflected in all local governments’ local planning schemes. This limits the local scheme zones that can be applied to the Willetton Industrial Area.

6 Accordingly, LPS 42 classifies the MRS ‘Industrial’ zoned portion of the Willetton Industrial Area under the ‘Light Industry’ zone. While this ensures that LPS 42 is consistent with the State planning framework, it does bring the planning controls applicable to the area back towards providing for industrial-type development, rather than continuing to facilitate a transition from this historical development pattern towards a more diverse land use mix. During the public advertising period for LPS 42, two submissions were received that commented on the proposed ‘Light Industry’ zone for the Willetton Industrial Area.

7 This report responds to a Notice of Motion that was carried by Council at the 18 June 2019 Ordinary Meeting (Item NOM-010-19), requesting a report to Council identifying the planning merits of changing the MRS designation within the Willetton Industrial Area from ‘Industrial’ to ‘Urban’. Should this change proceed, it would be managed by the WAPC – and such a request should be made to that agency.

DETAILS

8 The Willetton Industrial Area Planning Review Report (refer Attachment 1) provides a comprehensive contextual overview of the Willetton Industrial Area, its planning and development history and the present land use mix it supports. Three options are considered for ongoing land use planning of the Willetton Industrial Area, and a final recommendation is made.

9 The Willetton Industrial Area Planning Review Report identifies that a gradual and ongoing transition from industrial to commercial land use typologies has occurred in the Willetton Industrial Area. This transition is generally considered to be market-driven, and the implementation of the ‘Mixed Business’ zone in TPS 40 has most recently facilitated the diversification of land uses in the area. Further, the land use mix present is considered to serve a unique and positive function for the community, placing the Willetton Industrial Area as a hybridised industrial / commercial locality different to larger industrial estates such as Canning Vale and Welshpool.

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10 However, the Willetton Industrial Area Planning Review Report demonstrates that while land use transition has occurred, there is no dominant land use typology that has overtaken the area. The most common land uses observed in the MRS ‘Industrial’ zone during August 2019 were ‘Industry – Light’, ‘Bulky Goods Showroom’, ‘Motor Vehicle Repair’, ‘Office’ and ‘Warehouse/Storage’, which are land uses that would generally be expected within an industrial/commercial hybridised area. Land uses of a specifically commercial or community-oriented nature, such as ‘Restaurant/Cafe’, ‘Club Premises’, ‘Community Purpose’, ‘Exhibition Centre’ and ‘Veterinary Centre’ were identified in the Willetton Industrial Area, though to a far lesser extent.

11 It is additionally noted that the introduction of the ‘Light Industry’ zone to the area under LPS 42 could limit the permissibility of more commercial-type land uses over time. Some diversity in land use mix including such uses as medical centre, restaurant, consulting rooms and fast food outlet will be impacted by the introduction of the ‘Light Industry’ zoning. This has the potential to slow the progressive land use transition that has been occurring in the Willetton Industrial Area, which will subsequently reduce the natural renewal of the locality, and its ability to adaptively provide for the local community. Importantly, the introduction of the ‘Light Industry’ zone to the area could potentially result in a return of land uses of a more industrial nature and the reintroduction of land use compatibility issues between the ‘Light Industry’ zone and surrounding ‘Residential’ zoned areas. ‘Light Industry’ uses would be as a right uses rather than discretionary uses that could be considered on planning merit.

12 While the State planning framework (including the MRS) designates the Willetton Industrial Area for industrial purposes, it is identified in the Willetton Industrial Area Planning Review Report that the MRS ‘Industrial’ zone is one of the smallest in the Perth metropolitan region. Further, its direct proximity to established residential areas is unique amongst all other ‘Industrial’ zones locations in the MRS. It is acknowledged that this reflects the original development intentions of the Willetton Industrial Area, particularly the ethos of providing for local employment opportunities to a growing residential community. However, the purpose of retaining the MRS ‘Industrial’ zone described in the WAPC’s Perth and [email protected] Central Sub-regional Planning Framework – to protect the industrial function of the locality – is considered redundant as this industrial function has diminished over time. By requesting an amendment to the MRS, changing the applicable zone to ‘Urban’, it is considered the planning framework will be more reflective of actual development that has occurred in the area over time, which in turn will provide a strong opportunity for targeted, detailed planning in the area to occur.

13 It is therefore considered, that planning merit exists to request a change in the MRS zone from ‘Industrial’ to ‘Urban’, as discussed in detail in Attachment 1. To facilitate this request, the City should prepare an amendment report detailing the proposed change and justification, amendment maps and relevant spatial files that would be forwarded to the WAPC for consideration.

14 An amendment to the MRS is a lengthy process, which the City has minimal input and very limited leverage in. After submitting a request to the WAPC, the documentation would typically be reviewed at Officer level and a report prepared for the WAPC to formally consider whether or not to initiate the amendment. Prior to deciding whether to initiate the amendment or not, the WAPC may at their discretion refer the amendment request to affected government agencies and / or landowners for comment. If the WAPC resolves to initiate the MRS amendment, it would proceed in accordance with Division 3 of the Planning and Development Act 2005. However, if the WAPC resolves to not initiate the MRS

amendment, it would not proceed further. The City will have an opportunity to provide comment on the amendment during the public advertising period required by the Planning and Development Act 2005 (‘PD Act’). After public advertising, the WAPC will consider

submissions received prior to preparing a report to the Minister for Planning on the amendment. The final stage in an MRS amendment is for the Governor to consider the amendment.

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15 The timeframe for an amendment to the MRS to proceed varies depending on the complexity of the amendment, resources available at the WAPC and the Office of the Minister for Planning. The WAPC indicates that an MRS amendment can generally take approximately two years to progress. However, it is considered that the time taken to proceed with this change – if supported by the WAPC – will be outweighed by the land use planning benefits that would result.

CONSIDERATIONS

Legal Compliance

16 Any MRS amendment request prepared as a result of this report will be progressed by the WAPC in accordance with Part 4 of the PD Act.

Policy Implications

17 Not applicable.

Financial Considerations

Business Plan

18 Preparation of the Willetton Industrial Area Planning Review Report is in line with the Strategic Planning Business Plan under the ‘Strategic Land Use Planning’ core service.

Internal Budget

19 Work undertaken for the Willetton Industrial Area Planning Review Report has been funded from the Strategic Planning budget.

Asset Management

20 Not applicable.

Sustainability Considerations

21 Not applicable.

Consultation

22 There is no consultation necessary in this stage of the Willetton Industrial Area Planning Review. Should the WAPC decide to initiate an MRS amendment, public advertising will be undertaken by that agency in accordance with Section 43 or Section 58 of the Planning and Development Act 2005

23 It should be noted that the MRS amendment would not change the zoning under the City’s LPS 42. Any future change to the zoning and land use permissibility under LPS 42 would be subject to further landowner consultation.

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Other Considerations or Risks

Risk/ Opportunity

Consequences Mitigation/

Actions Consequence

Likelihood X

Consequence Rating

= Overall Risk/ Opportunity

Officer Recommendation approved by the Council (positive outcomes) Opportunity A

MRS amendment request prepared for forwarded to WAPC.

Prepare MRS amendment request and forward to WAPC.

Likely Moderate High

(Opportunity)

Officer Recommendation approved by the Council (negative outcomes) Risk B

Some stakeholders may not understand why MRS amendment request is being prepared.

Merits and rationale of MRS amendment request will be detailed in MRS amendment documentation

Likely Minor Medium (Risk)

Officer Recommendation deferred by the Council Risk C

Decision to prepare an MRS amendment request will be delayed.

Merit and rationale of preparing an MRS amendment request is detailed in Attachment 1. The decision to prepare the MRS amendment requests now rests with Council.

Almost Certain Minor High (Risk)

Officer Recommendation declined by the Council Risk D

MRS amendment request will not be prepared.

As above. Almost Certain Minor High (Risk)

COMMENT

24 The Willetton Industrial Area serves a unique function that is a hybrid of both industrial and commercial land uses, which is detailed in Attachment 1. This function has evolved since the initial development of the area in the 1960’s. More recently, the function has been facilitated through the establishment of the ‘Mixed Business’ zone in TPS 40, which allowed for both industrial and commercial-type land uses. However, there are limited zones that can be applied to MRS ‘Industrial’ zoned land under the PD Regulations, which local planning schemes reflect. Accordingly, the ongoing land use transition that has been occurring in the Willetton Industrial Area could be slowed by the introduction of a ‘Light Industry’ zone under LPS 42.

25 This report responds to the Notice of Motion carried at the 18 April 2019 Ordinary Council Meeting, and identifies the planning merits of requesting an amendment to the MRS, to reclassify the ‘Industrial’ zone to ‘Urban’. The report further details the planning history of the Willetton Industrial Area, discusses its present land use mix and explains the unique planning characteristics of the Willetton Industrial Area that suggest standard intent of preserving MRS ‘Industrial’ zoned land in the Central Sub-region is redundant.

26 It is recommended that Council supports the Officer Recommendation in this report, allowing the City to prepare an MRS amendment request for the Willetton Industrial Area.

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VOTING REQUIREMENT

27 Simple majority.

AGENDA BRIEFING COMMENT

28 A short presentation was provided by a City Officer explaining the relationship between the MRS and the City’s Town Planning Scheme, the findings of the report and the options considered.

29 A question was taken on notice regarding the number of arts businesses currently operating in the Willetton Industrial Area. The latest figures available show a total of 663 businesses registered within the area. Of these businesses, only seven (1.06%) fall within the ‘Arts and Recreation Services’ sector.

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13.4 Director Canning Environment

EN-028-19 Review of Public Comment and Endorsement of the Draft Urban Forest Strategy 2019-2039

PROGRAM: Canning Environment

SUB PROGRAM: Parks and Place Improvement

FILE REF: Q19/413

REPORT DATE: 14 November 2019

REPORTING OFFICERS: David Ford - Senior Parks Services Officer

Merise Blackburn - Parks Conservation Officer

RESPONSIBLE OFFICER: Warren Bow - Director Canning Environment

Strategic Plan Theme: GROW - Natural areas where people and wildlife flourish. Community Goal: Natural areas are preserved and enjoyed. Council Strategy: An increase in Urban Forest (the trees growing within the City).

Authority/Discretion: Executive: The substantial direction setting and oversight role

of the Council eg adopting plans and reports, accepting tenders, directing operations, setting and amending budgets.

Attachments: 1. City of Canning Draft Urban Forest Strategy (D19/138757). (Large Attachments)

2. Draft Urban Forest Strategy - Schedule of Submissions (D19/137438). (Large Attachments)

In Brief:

This report seeks Council adoption of the draft City of Canning Urban Forest Strategy (the ‘Strategy’).

The draft Urban Forest Strategy outlines projections and targets for the creation and enhancement of a resilient urban forest over the next 20 years.

The target is to increase tree canopy cover and associated urban forest across the City of Canning by 22.3% through the establishment of an additional 61,215 trees in public open space and streetscapes, translating to an increase in canopy cover from 7.6% to 9.3% in total canopy cover City wide.

A robust urban forest of trees on streets, in parks and gardens will help offset historic and forecast canopy loss on freehold land and deliver environmental, social, cultural, health, economic and intergenerational benefits for the whole community and ensure that the City of Canning continues to be a liveable place in a changing climate.

The establishment of additional trees will require a significant increase in tree planting and maintenance operations. The draft Urban Forest Strategy recommends development of an innovative 20 year Action Plan to attract additional funding to supplement annual municipal fund investment.

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OFFICER RECOMMENDATION

That Council:

1. Adopts the draft City of Canning Urban Forest Strategy (Attachment 1) with the modifications set out in paragraphs 56 and 57 of this report.

2. Requests a future report detailing the Urban Forest Fund model to implement the Strategy be presented to the April 2020 Strategic Issues Briefing.

Relevant Council Resolutions

Council Meeting and Date Report No Decision

Ordinary Council Meeting 19 June 2018

EN-014-18

That Council adopts the Draft Local Biodiversity Strategy, with the modifications set out in this report, and authorises the Chief Executive Officer to submit the Strategy to the Western Australian Planning Commission for assessment and endorsement.

Ordinary Council Meeting 17 July 2018

EN-018-18

That Council adopts the draft Street Tree Strategy, (Attachment 1), with modifications as set out in Paragraphs 35, 36 and 37 of this report.

BACKGROUND

1 The development of an Urban Forest Strategy with projections and targets to increase the City of Canning’s (‘the City’) urban forest is identified in the City’s Strategic Community Plan – Our City: Our future. The relevant objectives include -

a) An increase in Urban Forest. Performance Indicator: Increase canopy cover from 9%.

b) Green and shady streetscapes. Performance Indicator: Tree canopy cover increased by 1% per year (measured every five years with next measurement in 2020).

2 The City has been identified as having one of the lowest levels of urban canopy cover in the Perth metropolitan area. Using aerial multispectral and high resolution imagery, the majority (59%) of land in the City is determined to be covered by hard, impervious surfaces, predominantly buildings and roads. This analysis identified canopy, measured at three metres above nominal ground level, covering only 7.6% of the City’s area.

3 If the City continues with the current tree planting programme, there will be a negligible City wide increase in canopy of 0.2%, from 7.6% to 7.8% when projected canopy loss on private freehold land is taken into account.

4 The build-up of heat in a city is referred to as the Urban Heat Island Effect (‘UHIE’). The UHIE is common worldwide as cities become warmer than the surrounding peri-urban and rural environments. After a hot day, parts of the City can be four to seven degrees hotter than surrounding rural areas and the impacts of the UHIE can be worse at night. During heatwaves the UHIE is a critical issue for vulnerable people.

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5 Thermal satellite imagery of the City has highlighted temperature differences and heat island hotspots across the City. Buildings, paved and bare ground were associated with higher land surface temperatures, whereas vegetated areas were associated with cooler temperatures.

6 With Perth expected to experience an increase in average temperatures, a decrease in rainfall and more frequent extreme heat events, establishing an urban forest will play a critical role in reducing the impact of the UHIE on people’s health and wellbeing and the overall liveability of the City.

DETAILS

7 The draft Urban Forest Strategy (‘the Strategy’) is the overarching document which links the Local Biodiversity Strategy (2018), Street Tree Strategy (2018) and Public Open Space Strategy (2015), forming the strategic framework for delivering the City’s urban forest.

8 The Strategy outlines canopy projections for the next 20 years. The Strategy sets an overall target to increase tree canopy cover across the City by 110.4ha from 493.7ha to 604.1ha; increasing urban canopy by 110ha represents a 22% increase in the City’s existing tree canopy by 2039. This ambitious canopy increase will be necessary for offsetting the projected decline in canopy cover within freehold land in residential areas, helping to mitigate the effects of urban heat islands, and realising the City’s vision of a “welcoming and thriving City” and becoming a more sustainable City.

9 A canopy loss of 28ha (decrease of 24.2%) is projected in freehold land due to urban infill (residential development). This loss is attributed largely due to the number of lots in the City which currently have development potential. The major losses of canopy are expected in those suburbs that currently have above average canopy cover and which is also commonly associated with areas having a greater development potential. The largest individual losses on freehold land are expected in the suburbs of East Cannington at 23.2% and St James at 30.2%, of their current freehold canopy area. Welshpool and Canning Vale, both primarily zoned industrial are not projected to lose canopy to residential development; though they already have the lowest canopy cover. The suburbs of Parkwood, Leeming, Willetton and Ferndale are all expected to lose less than 4% of their current canopy due to their relatively low numbers of underdeveloped freehold lots.

10 The Strategy has identified that streetscapes and public open space offer the greatest opportunities to enhance urban canopy and green infrastructure.

11 The strategy sets targets for increasing canopy cover in public open space from 17.6% to 40%.

12 The Strategy sets targets for increasing canopy cover in streetscapes from 6.1% to 12.9%.

13 The Strategy aims for the City to be a leader in urban forest management, coordination, capacity and capability thus maximising the benefits that a healthy urban forest can provide to the Canning community, economy and environment.

14 The Strategy has four goals and several actions are identified under each goal -

Goal 1: Provide Urban Forest leadership and coordination; this goal provides a number of actions relating to funding, particularly in terms of equitable funding pathways that do not wholly rely on municipal funding, and recommends the establishment of an Urban Forest Fund.

Goal 2: Align, strengthen and integrate complementary policies and plans; this goal provides a number of actions to ensure that the Urban Forest Strategy outcomes are attained through reviewing and incorporating policies to align with the Strategy and also to ensure that key elements of the Local Biodiversity Strategy are not compromised.

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Goal 3: Improve urban forest cover and capacity through smart management; this goal directs the City to explore innovation, technologies, trialling of new tree species, increase survival rates of newly planted trees and build partnerships with universities, researchers and other organisations to improve the City’s knowledge to grow the foremost and leading urban forest to underpin the City’s sustainability in the future.

Goal 4: Engage with stakeholders in urban forest management; this goal principally provides a number of actions pertaining to developing a community engagement plan that will seek to reach out to support and educate the community.

CONSIDERATIONS

Legal Compliance

15 Not applicable.

Policy Implications

16 The Strategy sits within a policy framework that includes the Local Tree Retention and Planting Policy (LP09) which covers trees on development sites, and Tree Management Policy (ET525) which covers trees on public land.

17 Goal 2 of Strategy proposes to align, strengthen and integrate complementary policies and plans by:

a) Incorporating ‘a tree for every verge’ for residential areas, notwithstanding that some verges may not be suitable for a tree, and other verges may accommodate more than one tree.

b) Review of Local Planning Policy (LP09) to increase the minimum number of trees required in relation to development in non-residential areas.

c) Development of a new policy to deliver environmental offsets for both internal and external stakeholders to ensure environmental impacts resulting from City operations and projects are mitigated.

d) Seeking opportunities to amend Residential Design Codes as described in State Planning Policy 3.1 to better support the protection of existing trees and the planting of new trees on residential developments.

Financial Considerations

Business Plan

18 It is recommended that the actions and timeframes proposed in the Strategy are listed and incorporated into the Corporate Business Plan and relevant Sub Program business plans.

19 In the event that the Strategy is endorsed, the review of the City’s Long Term Financial Plan will take into consideration the required financial allocations and relevant matters identified in the Strategy’s Action Plan. It is intended however for the Strategy to exist outside the funded aspect of the Long Term Financial Plan, until a funding model can be developed and endorsed by Council.

20 The estimated cost for procurement, planting, establishment and maintenance of 61,215 trees to achieve a 22% increase in City wide canopy cover by 2039 is estimated at up to $39,000,000 over 10 years. This estimation is conservatively high and the City is committed to finding efficiencies to reduce the costs associated with establishing and managing the urban forest.

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21 The City has already committed funding to increasing the urban forest through the adopted Local Biodiversity and Street Tree Strategies. In 2018/2019 the City planted 1400 trees at an estimated cost of $560,000, continuing this planting program over the next 10 years would realise 14,000 tress established at a cost of $5,600,000.

22 The Local Biodiversity Strategy has a commitment of $400,000 per annum until 2038. This aims to revegetate at least 250ha of degraded or cleared land throughout the City, which incorporates not only conservation areas but also areas within defined ecological linkages and corridors which include Public Open Space and Streetscapes. The revegetation works are expected to realise significant tree planting that will contribute to growing the City’s urban forest.

23 Therefore, the City based on current operations and expenditure, will likely achieve $10,000,000 in investment in the urban forest over the next 10 years.

24 The Strategy seeks the City to achieve significant cost efficiencies in sourcing and establishing trees to ensure the City establishes significantly more trees within existing budget parameters.

25 An alternative option would be to plant the trees over a 20 year time frame, thus spread the costs over the entire period of the Strategy. However this would reduce the canopy targets achievable by 2039 as recently planted trees make a negligible contribution to canopy in their first three to five years.

26 A key action of the Strategy is to develop an Urban Forest Fund (‘UFF’) model that would explore external funding opportunities to increase financial support for growing the urban forest.

27 Several ideas for increasing the UFF are explored within the Strategy and include seeking grant funding, incentivisation programs seeking co-contribution from the private sector such as potential carbon offsetting, philanthropy and corporate social responsibility.

28 The City is a member of the recently formed Western Australian Local Government Association (‘WALGA’) Local Government Urban Forest Working Group. A component of the Terms of Reference is to identify funding pathways for assisting Local Governments in funding their urban forests. The City can collaborate with other Local Governments to advocate for state funding through this working group. WALGA recently resolved to support and develop an advocacy approach for the introduction of a Local Government Greener Perth grant program, funded by the State Government.

29 Local Governments are recognising that funding support for growing urban forests from the State Government is an important funding pathway. Being a member of the WALGA Local Government Urban Forest Working Group will enable the City to advocate for state funding.

30 The City can also fund the Strategy by potentially switching funding investment to trees, such as converting grassed and irrigated areas to tree mulched areas. This management technique can decrease costs in park maintenance from reduced turf and irrigation maintenance which is then focussed into tree planting, this is an example where trees can be used for broader synergistic values than those of traditional assets. Another example is gradually replacing playground shade sails with shade trees, whereby shade sails are removed when tree canopy casts the desirable shade; as such funding is then channelled toward trees and not the shade sail renewal.

31 The Strategy’s projected cost to attain a 22% increase in canopy is based on current and historic tree sourcing and planting techniques. However, with the Strategy setting an ambitious tree planting and canopy target, the strategic direction is to fund the Strategy under a significantly reduced costing scenario that focusses on exploring cost efficiencies, smart green infrastructure initiatives and external funding pathways.

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Internal Budget

32 Many of the initial actions relating to the development of plans, reviews of policies, needs and feasibility assessments can be implemented with existing staff resources.

33 Future allocations of funding to deliver initiatives of the Strategy will be subject to Council consideration as part of statutory financial management processes.

Asset Management

34 Existing trees on public land are currently being audited by the City and will be included in the City’s asset data base. The first spatial audit of trees in parks was undertaken between 2007 and 2010. The streetscape trees in residential areas were spatially audited 2011-2013 and audits within the industrial areas were undertaken in 2015.

35 As a recommendation of the Strategy, the City is currently undertaking an audit of its park and street trees, to be completed every three years.

36 Trees are audited by the City to reduce risk and improve tree maintenance efficiencies. The tree audit captures baseline tree data and required tree maintenance works while the data is displayed spatially on the City’s Geographic Information System. The tree audit data and the canopy data combined, provide the City with a strong base line of data to manage the urban forest as an asset.

37 The information captured in the tree audit provides the City the opportunity to value each tree and determine an overall asset value of its trees. Action 1.7 of the Action Plan: Adopt a method for and undertake the monetary value assessment of trees and incorporate trees within the City’s Asset Management System, directs the City towards valuing trees as an asset.

Sustainability Considerations

38 The updated Sustainability Policy CM194 was adopted 18 June 2019 and outlines a series of commitments. The City is now working towards determining a set of City wide targets, which will provide measurable criteria for sustainability progress assessment.

39 The Strategy addresses several of the Sustainability Policy commitments, including:

Commitment 1: A commitment to innovation, leadership and continual improvement. By

aspiring to be a leader in urban forest enhancement using advanced technologies and seeking innovative funding opportunities.

Commitment 2: A commitment to intergenerational equity. The Strategy’s vision statement is

‘the creation of a resilient urban forest, which will enhance environmental, social, cultural, health, economic and intergenerational benefits for the whole community’. Building a robust and resilient urban forest will ensure that future generations will inherit a healthier, cooler liveable City.

Commitment 3: A commitment to responsible resource management and impact reduction. The additional planting resources needed to create an urban forest will help to save water, reduce energy consumption through increased shade and a reduced Urban Heat Island Effect.

Commitment 4: A commitment to climate responsive urban development. Increasing the

number of trees in public open space and streetscapes across the City will contribute to cooling the air temperature and help to address the impacts of Urban Heat Islands Effect.

Commitment 5: A commitment to protecting environmental integrity and biodiversity. The

Strategy is committed to planting a diversity of tree species of different ages as guided by the endorsed Street Tree Strategy and Local Biodiversity Strategy. The Strategy acknowledges that it is important to work with Indigenous people, the environment and our biodiversity to enhance sense of place and rebuild natural area vegetation types and communities, where appropriate.

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Commitment 7: A commitment to risk mitigation, evidence-based governance and observing the precautionary principle. The Strategy takes a precautionary approach to mitigating the effects of climate change, as the extent to which climate change will increase Urban Heat Island Effect within the City is currently unknown.

Commitment 8: A commitment to developing partnerships and increasing participation in local, state, national and international sustainability opportunities. The Strategy seeks to

investigate funding opportunities to reduce the burden on municipal funding, including seeking State and Federal grants as well as engaging with private industry for investment opportunities to fund projects, for example, as well as keeping abreast of national and international urban forest research.

Consultation

40 In preparing the development of the Strategy in 2018, the City undertook a preliminary community engagement process which involved local schools, community events, a ‘pop-up forest’ in a local shopping centre and a community survey.

41 The results of these initial events and surveys (provided in the Strategy) indicated that community members wanted to see canopy cover increased across the City; they perceived that the City’s canopy cover was too low and that the canopy cover should be more extensive. The Strategy was also presented to the Sustainability and Environment Advisory Group (‘SEAG’) in March 2019. The community and SEAG feedback informed the development of the Strategy.

42 The Strategy was presented to the Elected Members at a Strategic Issues Briefing in May 2019.

43 Public consultation on the Strategy occurred from 4 September to 4 October 2019 via ‘Your Say Canning’. Opportunities to provide feedback were promoted through the City’s E-Newsletter, a Facebook campaign, at the City’s Civic and Administration Centre, CREEC and libraries via a television slide and paper flyers. Stakeholders including local environmental community groups, the SEAG and the Canning River Regional Park Community Advisory Committee were invited to provide comments.

44 The City received 33 submissions from 29 respondents, which were largely in support of the Strategy. The Schedule of Submissions (Attachment 2) details the comments received and the City’s responses. Of the 29 community members who provided submissions 24 were in support, three were not in support and two were neutral.

45 Many submissions complimented the City on the quality of the Strategy and some respondents commented that they were looking forward to the implementation phase.

46 Several comments supported specific content of the Strategy, particularly regarding mitigation of the Urban Heat Island Effect and the recommendation of planting a tree for every verge.

47 There was commentary in several submissions that related to concerns about loss of trees through building development and the need to have developers retain existing tress and plant more trees.

48 The need for effective community engagement through the implementation phase of the Strategy was raised in several submissions, as was support for enabling community groups to assist in the delivery of the objectives.

49 Other comments included support for converting overhead powerlines to underground to improve canopy in streetscapes, support for prohibiting the use of artificial turf on verges and for including planting along drainage channels to increase canopy cover. Some submissions discussed the selection of tree species used in streetscapes.

50 The comments provided are covered by the Strategy and most of the issues highlighted are addressed in the Action Plan.

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51 With regard to including planting along drainage lines, the City actively pursues water sensitive urban design and is an active partner with the Water Corporation and Department of Water and Environmental and Regulation’s ‘Drainage for Liveability’ program; examples include the recent works in Lambertia Creek Park and the upcoming works to the Wharf Street Drainage Basin and the Lake Street Urban Stream projects in the Canning City Centre.

52 With regard to the comments and suggestions from the community regarding converting overhead powerlines to underground to enhance canopy growth; whilst the approach is outside the scope of the Strategy, the City does continue to apply for and participate in Western Power projects for large scale underground power installations. The City is also investigating options to accelerate converting overhead powerlines to underground throughout the City.

53 Of the 33 submissions, three did not indicate support for the Strategy. The main issues raised by those opposed to the Strategy included nuisances such as leaf fall blocking gutters and drains, bushfire risk, shading of solar panels, the likelihood of rates increases to fund the Strategy, more neighbour disputes over trees, health issues through increase in pollen and the lack of detail regarding the cost of increasing the urban forest.

54 The existing Tree Management Policy ET525: Trees in Streets Thoroughfares and Parks, prohibits City managed trees being removed based on solely nuisance. This Policy also provides for some selective pruning to improve solar access. With regard to bushfire risk, the City complies with State Planning Policy: Planning in Bushfire Prone Areas and associated guidelines (‘SPP: 3.7’).

55 The concern about the strategy leading to a rate rise is understandable given the costs outlined within the Strategy to plant 61,000 trees. The Strategy sets out a broad approach to funding including the development of a business case for an increase in the municipal allocation as well as the establishment of an Urban Forest Fund that will identify additional funding opportunities.

56 Although the external comments provided in the submissions during the community consultation have been addressed in the Strategy or are already in action by the City through other mechanisms, a number of changes to the strategy are supported:

a) Inclusion within Goal 4: Engage with stakeholders in urban forest management; an action that specifically includes engaging with, supporting and assisting environmental community groups and urban land care groups associated with the City’s urban forestry.

b) Goal 4 objective: Develop the Urban Forest Strategy branding and marketing plan – ‘Memorable imagery that links all associated works from policy to planting’ to include ‘that engenders action’.

c) Four minor grammatical and stylistic changes.

57 In addition, an internal review has identified that the implementation plan requires minor revision of the timeframes for some actions. Further, components of section 14.2 of the Strategy requires re-numbering/bullet-pointing to improve structure of the section, while general rewording of section 14.2 is required for better clarification of the meaning of some components of the funding initiatives.

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Other Considerations or Risks

Risk/ Opportunity

Consequences Mitigation/

Actions Consequence

Likelihood X

Consequence Rating

= Overall Risk/ Opportunity

Officer Recommendation approved by the Council (positive outcomes) Opportunity A

An increase in capacity to grow the City’s urban forest leading to a more sustainable City.

The Strategy was developed with analytical remote sensing data. The Strategy was developed with extensive community engagement.

Almost Certain Significant Very High

(Opportunity)

Officer Recommendation approved by the Council (negative outcomes) Risk B

Some members of the community will not support the Strategy based on their personal beliefs and issues with trees, and possibility of rate increases.

The Strategy was developed with extensive community engagement providing strong support for the Strategy. A detailed action plan aimed at community engagement to assist in building awareness around the value of urban forests.

Likely Minor Low

(Risk)

Officer Recommendation deferred by the Council Risk C

The City will continue to grow in population size and develop unsustainably in the short term.

Ongoing tree management programs.

Almost Certain Major Extreme (Risk)

Officer Recommendation declined by the Council Risk D

The City will continue to grow in population size and develop unsustainably leaving the City open to the effects of a changing climate.

A number of Perth metropolitan local governments have endorsed or are developing an Urban Forest Strategy, the City is open to recreational risk as WALGA and other local governments are proactively advocating for

Ongoing tree management programs.

Almost Certain Major Extreme (Risk)

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Risk/ Opportunity

Consequences Mitigation/

Actions Consequence

Likelihood X

Consequence Rating

= Overall Risk/ Opportunity

increase in urban canopy/forests.

COMMENT

58 In developing the Strategy, staff have researched, analysed and documented the City’s low urban canopy cover. The Strategy includes a review of relevant literature and discusses how the low canopy cover, combined with an increasing population and consequent urban development, will negatively impact on the City’s sustainability when facing a future changing climate.

59 Using scientific methodology, the City has been able to represent the current canopy spatially and has used analytical techniques to objectively project the future canopy over the next 20 years under current tree management programs and the current planning scheme. Furthermore, the Strategy has provided canopy targets that will require enhanced management practices and policies to establish an urban forest that will support the City to be sustainable into the future.

60 The extensive community engagement process has provided strong support for the Strategy to increase the urban forest.

61 The Strategy is the key pillar in aligning the City’s Strategic Community Plan with other Parks and Place Improvement strategic and policy documents.

62 It is recommended that Council supports the Officer Recommendation, and endorses the draft City of Canning Urban Forest Strategy.

VOTING REQUIREMENT

63 Simple majority.

AGENDA BRIEFING COMMENT

64 At the Agenda Briefing meeting held on Tuesday, 12 November 2019 a number of questions were raised by the Elected Members. These questions are addressed in the comments below.

65 With regard to the required maintenance pruning of trees after underground power had been established; all trees that have been managed under powerlines require careful management as they grow beyond their previous physical constraints. Dependant on species, the time required to manage such trees to ensure the regrowth is structurally sound ranges from as little as a few years, to many years. The added benefit of the rolling three year tree audit program is to ensure that any structural issues or tree encroachment issues will be identified and managed before the risk becomes unacceptable.

66 In relation to part 2 of the recommendation, paragraph 56 was highlighted to enable minor amendments to the final document and also to convey the Administration’s intent to ensure, as far as practicable, that the document used to consult with the community is the same document that Council will vote on for endorsement.

67 With regard to paragraph 57, with future research and ideation, the Administration will be able to improve the scope of options and provide clarity to those already stated in the Strategy to enable the creation of the Urban Forest Fund. More detailed options will be presented to the Elected Members at the April 2020 Strategic Issues Briefing.

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68 With regard to the 9.3% total canopy target and the ability for this to be benchmarked, most metropolitan Local Governments are using the same method for determining current canopy cover using multi-spectral imagery data; therefore the measurement of actual canopy is similar. What elevates the City of Canning’s Strategy is the City is the only Local Government to use the Local Planning Scheme to determine what impacts the development of private freehold land will likely have on the overall achievable canopy targets. Whilst this has created best practice in Western Australia, it also makes it difficult to measure against the aspirations of other Local Governments.

69 Further information on other metropolitan Local Governments total canopy targets will be presented to Elected Members prior to the November Ordinary Council Meeting.

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PROGRAM: Canning Environment

SUB PROGRAM: Parks & Place Improvement Canning

FILE REF: Q19/414

REPORT DATE: 14 November 2019

REPORTING OFFICER: Mary Ross - Manager Natural Areas and Conservation

RESPONSIBLE OFFICER: Warren Bow - Director Canning Environment

Strategic Plan Theme: CONNECT - An inclusive , safe and vibrant community. Community Goal: A safe and healthy community. Council Strategy: Clean and safe public spaces.

Authority/Discretion: Quasi - Judicial: When Council determines an application or

matter that directly affects a person’s right and interest. The judicial character arises from the obligation to abide by the principles of natural justice. Examples of Quasi-Judicial authority include Town Planning Applications, Building Licences, Application for other Permits/Licences (eg under Health Act, Dog Act or Local Laws) and other decisions that may be appealable to the State Administrative Tribunal.

Attachments: 1. Schedule of Submissions - Bywater Park Dog Exercise

Area Trial (D19/134986).

In Brief:

At the Ordinary Council Meeting of 16 April 2019, Council considered Report EN-006-19 and resolved that the westerly arm of Bywater Park be trialled as a dog exercise area with a three month community consultation period, and that the outcome of the consultation be presented to a subsequent Ordinary Council Meeting to determine whether the area should continue to be a dog exercise area after 31 January 2020.

This report presents the outcome of the community consultation on the trial and recommends that the westerly arm of Bywater Park is established as a dog exercise area.

OFFICER RECOMMENDATION

That Council:

1. Approves the establishment of a dog exercise area on the westerly arm of Bywater Park as identified in the image at Paragraph 2 of this report.

2. Requests the Chief Executive Officer to give local Public Notice of the westerly arm of Bywater Park as a dog exercise area as required in Section 31(3a) of the Dog Act 1976 as amended.

“ABSOLUTE MAJORITY REQUIRED”

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Relevant Council Resolutions

Council Meeting and Date Report No Decision

Ordinary Council Meeting 16 April 2019

EN-006-19

That Council: Gives 28 days’ local public notice of the intention to specify the westerly arm of Bywater Park as a dog exercise area until 31 January 2020, pursuant to Subsection 31(3C)(b) of the Dog Act 1976 as amended. Authorises the Chief Executive Officer to undertake community consultation for a period of three months. Requests a report be presented to a subsequent Ordinary Council Meeting after the conclusion of the consultation period, to consider the outcome of the consultation and determine whether the westerly arm of Bywater Park should continue to be a dog exercise area after 31 January 2020

BACKGROUND

1 Dog exercise areas are public places where dogs (apart from dangerous dogs) are allowed to be off-leash, provided the dog is under the control of a person who is capable of controlling it, and who is carrying and capable of attaching a suitable leash. In other public areas, dogs are required to be on-leash at all times. This excludes ‘dog prohibited areas’ where dogs, apart from guide dogs, are not permitted at all.

2 The northerly part of Bywater Park (‘the Park’), which contains the existing dog exercise area, is within the Canning River Regional Park and the Swan Canning Riverpark development control area, however the westerly part of the Park is outside the Regional Park and Riverpark boundaries.

Image: Proposed and Existing Dog Exercise Areas at Bywater Park, Wilson.

3 The majority of the existing dog exercise area in the northerly arm of Bywater Park is a reed bed and is not accessible to dog walkers. In addition, snakes are frequently sighted in this area, posing a risk to dogs and their owners. Consequently this area is not popular with many dog walkers as an off-lead dog exercise area.

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DETAILS

4 As required under the Dog Act 1976, public notice was given of the intention to specify the westerly arm of Bywater Park as a trial dog exercise area until 31 January 2020. 564 letters were sent to nearby residents and property owners. Signs were erected on site advising of the commencement of the trial on 30 May 2019 and requesting comments to be submitted by 30 August 2019. The trial was also advertised on the City of Canning’s (‘the City’) website, via Facebook and on ‘Your Say Canning’. There were 221 visitors to the ‘Your Say Canning’ page.

5 As referenced to in Appendix 1, five people completed the Quick Poll on ‘Your Say Canning’; four people supported the additional dog exercise area and one opposed it. 22 respondents made more detailed submissions; 13 respondents supported the westerly arm of the Park becoming a permanent dog exercise area, seven were opposed and two were neither supportive nor opposed.

6 The main concerns raised included dog excreta not being picked up by owners and the conflict of use between off-lead dog exercise areas and children’s play areas. A number of submissions recommended fencing the playground, should this section of the Park become a permanent dog exercise area.

7 One submission asked whether the existing dog exercise area in the northerly section of the Park would continue to be an off-lead area or if it would become an on-lead area, should Council determine that the westerly arm of the Park is to be a permanent dog exercise area. It is not proposed to make any change to the status of the existing dog exercise area in the northerly arm of Bywater Park.

CONSIDERATIONS

Legal Compliance

8 Until May 2014, dog exercise areas were required to be gazetted by State Parliament under the Dog Act 1976 as amended and included in the Consolidated Local Laws. This process changed in 2014, with the repeal of certain subsections of the Dog Act 1976, allowing local

governments to declare dog exercise areas through a decision of Council.

9 Subsection 31 (3A) of the Dog Act 1976 provides that the City can specify ‘dog exercise areas’ by a Council decision carried by Absolute Majority. Prior to specifying the dog exercise areas, the City must first give public notice in accordance with Section 1.7 of the Local Government Act 1995. Subsection 31 (3C) of the Dog Act 1976 prescribes that at least 28 days’ notice must be given. The giving of notice includes advertisement in a newspaper circulating generally throughout the district and display on a noticeboard at the Civic and Administration Centre and at every library in the district.

10 If Council determines that the westerly arm of Bywater Park should remain as a dog exercise area beyond 31 January 2020, this would require 28 days’ notice to be advertised and exhibited.

Policy Implications

11 Not applicable.

Financial Considerations

Business Plan

12 The management of dog exercise areas occurs across two sub program areas. Parks and Place Improvement oversee the operation and maintenance of the public open space, whilst Safe Canning administer the relevant legislation concerning the control of dogs.

13 If Council approves the establishment of the permanent dog exercise area, a commitment of staff time will be required to continue to service the bins and to patrol the area.

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14 Should Council not approve the establishment of a permanent dog exercise area, additional patrols by Safe Canning’s Ranger and Community Safety Officers would be required for a period following the decision, to ensure that dog owners visiting the Park are aware of the status of the westerly arm of the Park as an on-lead area only.

Internal Budget

15 There will be costs associated with advertising, the placement of signage on the site and communication to nearby residents and other stakeholders, whether or not Council approves the westerly arm of Bywater Park remaining as a dog exercise area after 31 January 2020.

16 Should Council approve the establishment of the westerly arm of the Park as a permanent dog exercise area, Officers propose to fence the playground to exclude dogs. The estimated cost for the fencing is $37,000. There is an allocation of $30,000 for playground fencing in dog exercise areas in the current budget and additional funds will be identified from savings on other projects.

Asset Management

17 If installed, the proposed playground fencing would be included in the City’s Asset Register.

Sustainability Considerations

18 Not applicable.

Consultation

19 If Council determines that the westerly arm of Bywater Park should become a permanent dog exercise area, apart from the requirement to give public notice described above under Legal Considerations, signage would be erected on site and information would be posted on the City’s website. In addition, letters would be sent to residents and property owners in the nearby area.

20 Should the westerly arm of Bywater Park not continue to be a dog exercise area, the decision would need to be advertised, local residents and property owners advised and signage installed on site to advise Park visitors that the westerly arm of the Park will revert to an on-lead area after 31 January 2020.

Other Considerations or Risks

Risk/ Opportunity

Consequences Mitigation/

Actions Consequence

Likelihood X

Consequence Rating

= Overall Risk/ Opportunity

Officer Recommendation approved by the Council (positive outcomes) Opportunity A

Dog owners continue to have legal access to the westerly arm of the Park for exercising their dog’s off-lead.

The permanent status of the dog exercise area is advertised.

Almost Certain Minor High

(Opportunity)

Officer Recommendation approved by the Council (negative outcomes) Risk B

Complaints from other Park users who do not support off-lead dog exercise in this location.

Fence the playground to exclude dogs.

Possible Minor Medium (Risk)

Officer Recommendation deferred by the Council Risk C

The trial period may lapse prior to a final decision by Council and the site defaults to an on-lead area, leading to

The three month consultation period was advertised through multiple channels with

Likely Minor Medium (Risk)

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Risk/ Opportunity

Consequences Mitigation/

Actions Consequence

Likelihood X

Consequence Rating

= Overall Risk/ Opportunity

uncertainty for park users.

a majority of respondents in support of the trial.

Officer Recommendation declined by the Council Risk D

Complaints from dog owners that the site will not be a permanent dog exercise area.

The three month consultation period was advertised through multiple channels with a majority of respondents in support of the trial.

Likely Minor Medium (Risk)

COMMENT

21 The purpose of setting the trial end date of 31 January 2020 with a consultation period limited to three months, commencing 30 May 2019, was to allow community feedback to be gathered and reported to Council so as to enable consideration as to whether the westerly arm of Bywater Park remains as a dog exercise area. If instead Council determines that the westerly arm of Bywater Park not be a permanent dog exercise area, there is a defined date for the site to revert to on-lead status.

22 It is recommended that Council supports the Officer Recommendation in this report and determines that the westerly arm of Bywater Park be a permanent dog exercise area.

VOTING REQUIREMENT

23 Absolute majority, in accordance with Section 31(3a) of the Dog Act 1976.

AGENDA BRIEFING COMMENT

24 An Elected Member requested clarity on the positioning of fencing around the playground and on the number and location of drinking fountains. It is proposed that the fence be installed on the limestone surround of the playground sandpit as shown in the image below.

Image: Proposed location of playground fence.

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25 The existing drinking fountain located near the playground, has a bowl and water point for dogs. If the westerly arm of Bywater Park is approved to continue as a dog exercise area the provision, location and servicing of bins and dog excreta bags will be reviewed to ensure it is in line with the service level provision for dog exercise areas. There is already a gazebo with a picnic table located in the westerly arm of Bywater Park, as well as four park benches and adequate tree cover.

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APPENDICES APPENDIX 1: Quick Poll Results Graph - Bywater Park Trial Dog Exercise Area

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EN-030-19 Sustainability and Environment Advisory Group Unconfirmed Meeting Minutes for September 2019.

PROGRAM: Canning Environment

SUB PROGRAM: Parks and Place Improvement

FILE REF: Q19/415

REPORT DATE: 14 November 2019

REPORTING OFFICERS: Kim Byrnes - Sustainability Officer

Dion Johnson - Executive Manager Parks and Place Improvement Canning

RESPONSIBLE OFFICER: Warren Bow - Director Canning Environment

Strategic Plan Theme: LEAD - Accountable, responsible and forward-thinking administration.

Community Goal: Effective leadership and good governance. Council Strategy: Open and transparent to the community and stakeholders.

Authority/Discretion: Noting: Includes items provided to Council for information purposes only that do not require a decision of Council.

Attachments: 1. Sustainability and Environment Advisory Group -

Unconfirmed Minutes of Meeting September 2019 (D19/131299).

In Brief:

The Sustainability and Environment Advisory Group (‘SEAG’) held a meeting on Thursday, 26 September 2019. Attachment 1 of this report is the Minutes (Unconfirmed) of this meeting. There are no actions that require Council Resolution.

OFFICER RECOMMENDATION

That Council receives the Unconfirmed Minutes of the Sustainability and Environment Advisory Group meeting held on 26 September 2019 (Attachment 1).

Relevant Council Resolutions

Council Meeting and Date Report No Decision

OCM 15 October 2019

EN-026-019

Council receives the Unconfirmed Minutes of the Sustainability and Environment Advisory Group meeting held on 30 May 2019 (Attachment 1).

OCM 14 May 2019

EN-010-19

Council receives the Unconfirmed Minutes of the Sustainability and Environment Advisory Group meeting held on 20 March 2018 (Attachment 1).

OCM 20 November 2018

EN-031-18

That Council receives the Unconfirmed Minutes of the Sustainability and Environment Advisory Group meeting held on 23 September 2018 (Attachment 1).

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Relevant Council Resolutions

Council Meeting and Date Report No Decision

OCM 21 August 2018 EN-020-18

That Council receives the Unconfirmed Minutes of the Sustainability and Environment Advisory Group meeting held on 31 May 2018 (Attachment 1).

OCM 14 June 2018 EN-016-18

That Council receives the Unconfirmed Minutes of the Sustainability and Environment Advisory Group meeting held on 20 March 2018 (Attachment 1).

OCM 20 March 2018 EN-006-18

That Council Receives the Unconfirmed Minutes of the Sustainability and Environment Advisory Group meeting held on 8 February 2018 (Attachment 1).

OCM 20 February 2018 EN 003-18

That Council receives the Unconfirmed Minutes of the Sustainability and Environment Advisory Group meeting held on 7 December 2017 (Attachment 1).

OCM 19 December 2017 EN-012-17

That Council receives the Unconfirmed Minutes of the Sustainability and Environment Advisory Group meeting held on 5 October 2017 (Attachment 1).

OCM 17 October 2017 CC-024-17

That Council: 1. Endorses the review

undertaken of the City’s Business, Community and Sustainability and Environment Advisory Groups.

2. Endorse the removal of elected members as Council appointed nominees to the City’s Advisory Groups effective from 17 October 2017.

Approves the Chief Executive Officer being responsible for the appointment of community representatives to the City’s Advisory Groups, as attached to this report, to be effective from 17 October 2017.

OCM 17 May 2016 CD-005-16

That Council: 1. Approves the recommended

appointments to the Sustainability and Environment Advisory Group, the Business Advisory Group, and the Community Advisory Group, as outlined in this report.

2. In accordance with (1) above, authorize the Chief

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Relevant Council Resolutions

Council Meeting and Date Report No Decision

Executive Officer to provide written advice to all nominees as to the outcome of their nomination.

3. Councillor appointment to the Sustainability and Environment Advisory Group, Business Advisory Group, and Community Advisory Group are determined at the Ordinary Council Meeting of Tuesday 10 May 2016, following the receipt of submissions by the Chief Executive Officer.

Endorses work to continue to fill any vacant community positions on the Advisory Groups.

OCM 10 December 2015 CE-005-16

That Council: 1. Authorises the establishment

of Business, Community and Sustainability and Environment Advisory Groups.

2. Authorises the Chief Executive Officer to commence advertisement and expressions of interest for Advisory Group Members.

Receives a report on the nominations received for the respective Advisory Group.

OCM 16 June 2015 CE-010-15

That Council: 1. Authorises the development

and distribution of a discussion and comment paper to gauge community interest in the establishment of Advisory Committees to Council.

2. Includes a statement in the decision paper to the effect that membership of any such committees would be by appointment of the incoming Elected Council after the October 2015, elections.

Receives a report and recommendations that arise from the results of the community consultation in due course.

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BACKGROUND

1 The Sustainability and Environment Advisory Group (‘SEAG’) was established in mid-2016 as an Advisory Group to Council on matters relating to sustainability and the environment. The most recent meeting of SEAG was held on 26 September 2019.

DETAILS

2 New members were welcomed to the Advisory Group and provided with some background about the proposed workplan for the year.

3 The issue of protection of vegetation and heritage was raised by members. Local knowledge can enhance vegetation mapping being undertaken as part of the Biodiversity Strategy by recording historical revegetation and areas of remnant vegetation.

4 Community members had approached SEAG with concerns over the proposed Southern Linkage Road (Stage 3) and its impacts on the threatened ecological community within the Canning Claypan. The group discussed the history and importance of the site and were provided with an update on the development approvals process.

5 Members discussed the Urban Forest Strategy and were provided with an update on the digital approach to recording trees in public open space and road reserves. The species type, location and height information recorded will demonstrate the value of trees as City assets.

6 Members were invited to review the State Government’s Climate Change in WA Issues paper and provide comment to the City for consideration in a submission.

CONSIDERATIONS

Legal Compliance

7 The three Advisory Groups operate under the Terms of Reference adopted by Council at the 17 October 2017 Ordinary Council Meeting. An Advisory Group Governance Guide (‘the Guide’) has been developed by the Governance team, which outlines the processes and procedures to ensure each group functions effectively.

8 The minutes comply with the requirements of the Guide.

Policy Implications

9 The new Sustainability Policy was adopted on 18 June 2019. The City is now working towards determining a set of City-wide targets, which will provide measurable criteria for sustainability progress assessment.

Financial Considerations

Business Plan

10 Not applicable.

Internal Budget

11 Not applicable.

Asset Management

12 Not applicable.

Sustainability Considerations

13 Agenda items at the SEAG meeting addressed the following Sustainability Policy Principles.

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14 Principle 4: A commitment to climate responsive urban development. The implementation of the Urban Forest Strategy will significantly enhance the urban amenity of streetscapes and reduce climate impacts associated with the ‘Urban Heat Island Effect’. Submissions to the State Government’s Climate Change Issues paper also consider Principle 4.

15 Consideration of the Canning Claypan and protection vegetation and heritage addresses Principle 5: A commitment to protecting environmental integrity and biodiversity.

16 Principle 6: A commitment to building community capital, social sustainability and a thriving local economy, is addressed by the community networks established by SEAG members providing information and raising issues via SEAG (eg The Canning Claypan). This was further supported by discussions around how local knowledge can support bushland mapping and the potential for a community nursery to support revegetation works.

17 SEAG continues to address Principle 8: A commitment to developing partnership and increasing participation in local, state, national and international sustainability opportunities by utilising best practice approaches to their annual work plans and providing comment on sustainability and environment matters.

Consultation

18 Following the election of a new Council in October 2015, Councillors expressed a desire to engage with various sectors of the Community. Advisory Groups were established as one method of engagement. Nominations were invited from the Canning Community in a widespread media campaign, and the Advisory Groups were formed in mid-2016.

19 Members, whose initial terms of appointment expired in May 2017, had their reappointments endorsed at the 19 July 2017 Ordinary Council Meeting.

20 A review of the Advisory Groups’ Terms of Reference took place, and the amended Terms of Reference were adopted at the 17 October 2017 Ordinary Council meeting.

Other Considerations or Risks

21 Not applicable.

COMMENT

22 The next meeting of the Sustainability and Environment Advisory Group is scheduled for Thursday, 28 November 2019 at the Canning River Eco Education Centre. Elected Members may attend if they wish. SEAG has opted to meet every two months and continues to perform at a high level. SEAG members continue to provide City Officers with significant input into relevant strategy and policy development and offer a conduit for community feedback on various sustainability and environment initiatives.

VOTING REQUIREMENT

23 Simple majority.

AGENDA BRIEFING COMMENT

24 Nil.

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NOM-015-19 Homelessness in the City of Canning NOM-015-19

14. MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN

NOM-015-19 Homelessness in the City of Canning

FILE REF: Q19/420

REPORT DATE: 31 October 2019

RESPONSIBLE OFFICER: Garry Adams - Director Canning Community and Commercial

ATTACHMENTS Nil.

In accordance with Clause 4.13 of the City of Canning Standing Orders Local Law 2015, Cr Saberi has submitted the following Notice of Motion:

NOTICE OF MOTION

That Council:

1. Collaborates with the state government in delivering a sustainable and effective solution to homelessness in the City.

2. Collaborates with neighbouring local governments and stakeholders, with the aim of developing regional partnerships that present solutions to the issue of homelessness and align with the impending State Government’s 10 Year Strategy on Homelessness in WA.

3. Collaborates with neighbouring local governments, the state government and homelessness service providers to map the current provision of homelessness services in the region, and the need for additional services such as an outreach service.

4. Requests the Chief Executive Officer to present a report to the June 2020 Ordinary Council Meeting which includes a plan to provide a framework, based on research and stakeholder consultation, to collectively address and prevent homelessness in the region.

CR SABERI RATIONALE

1 The 2016 ABS Census showed the City of Canning had 326 homeless people, which is an increase of 22% (72 people) from the 254 in the 2011 Census.

2 According to the ABS definition, a person is homeless if they do not have suitable accommodation alternatives and their current living arrangement:

a) is in a dwelling that is inadequate;

b) has no tenure, or if their initial tenure is short and not extendable; or

c) does not allow them to have control of, and access to space for social relations.

3 This includes persons living in; improvised dwellings, tents or sleeping out; improvised dwellings; supported accommodation for the homeless; temporarily with other households; boarding houses; other temporary lodging; and living in 'severely' crowded dwellings.

4 The main drivers of adult homelessness are domestic violence, leaving prison, low incomes, housing affordability or access, physical or mental health problems, and relationship breakdown. The risk of homeless is growing for children and older women (Kaleveld, L, Seivwright, A, Box, E, Callis, Z and Flatau, P (2018). Homelessness in Western Australia: A review of the research and statistical evidence. Perth: Government of Western Australia, Department of Communities).

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NOM-015-19 Homelessness in the City of Canning NOM-015-19

5 Housing is crucial to positive outcomes in many aspects of life, and a fundamental human right. Homelessness urgently requires a commitment from all sectors to work together, and this includes the involvement of local government.

6 While the housing affordability crisis is caused by policy failure at a state and federal level, local government has a role to play in setting planning controls to increase affordable housing supply.

7 A Plan would provide a framework based on research and stakeholder consultation, to collectively address and prevent homelessness in the region. The Plan would assist in raising awareness, optimising resources, identify gaps in service provision, and provide opportunities for collective innovative solutions in housing and homelessness services.

OFFICER COMMENT

8 The City of Canning (‘the City’) Officers support the Notice of Motion.

Officers recommend:

a) That City Officers continue to work in collaboration with the Cannington District Leadership Group (‘CDLG’) and other stakeholders to develop an integrated regional response that drives solutions to the issue of homelessness. The DCDLG has representation from state government human services departments and the local governments of Victoria Park, Belmont, Canning, Gosnells and South Perth.

b) That Council note the work that City Officers are currently undertaking in response to homelessness including :

Cannington District Leadership Group

9 Homelessness is one of six issues of focus for the newly established DCDLG which includes members of all relevant local human service agencies (state and federal) and the local governments of Victoria Park, Belmont, Canning, Gosnells and South Perth. Armadale has its own group. The DCDLG have just started mapping service delivery across the area with regard to six areas of focus, but with the emphasis on youth. The six areas are Housing and Accommodation, Homelessness, Drug Use, Suicide/Mental Health, Literacy and Community Safety. Discussions have been had around how other local governments have approached some of these issues without having an integrated approach. It was determined at this group that these issues were best dealt with by having an integrated strategic approach that spans notional boundaries and requires each agency and WA Local Government Association to take on certain responsibilities.

Youth Accommodation Service

10 The City of Canning currently delivers a Youth Accommodation Service that supports young people experiencing homelessness. This service is funded by the state government’s Department of Communities under the National Affordable Housing Agreement, to provide a medium-term supported accommodation program to young people aged 16 to 21 years. The young people are provided affordable, safe and stable accommodation in the City of Canning for up to 12 months, with external support provided by dedicated and qualified youth accommodation workers. There are many key pathways into homelessness which require a targeted approach, making young people an important target group for providing this program as a sustainable and effective measure towards addressing homelessness in the City. Young people, through the support of the program, are empowered to achieve their goals and transition into independent living.

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Engagement on State Government 10 Year Strategy to End Homelessness

11 The City of Canning has been working with neighbouring local governments and stakeholders as an active member in the design working group, developing an action plan to end youth homelessness in WA (‘Action Plan’) that aligns with the State Government’s 10 Year Strategy to End Homelessness (‘the Strategy’, with a focus on the five core priorities of housing, prevention, a strong and coordinated response, data research and targets and building community capacity. The City of Canning has regularly participated in a number of working group meetings and activities in designing the action plan in collaboration with the WA Alliance to End Homelessness, Youth Affairs Council of WA, young people with live experience of homelessness, as well as many other agencies and services. The action plan has been developed to sit alongside the Strategy, which will be released later this year.

Community Partnerships and Outreach

12 The City of Canning Youth Accommodation Service, in collaboration with Mission Australia have provided outreach programs to young people who are homeless or at risk of homelessness, offering information and assistance with seeking a variety of accommodation options delivered at a local school and local library. The City of Canning have well-established partnerships with two not-for-profit agencies in the South East Metro area - Centrecare and Mission Australia, both of which offer outreach and support services for individuals and families whom are homeless or at risk of homelessness.

13 The City of Canning participates in Homeless Connect - based on a one-stop-shop model of service provision to homeless people, bringing together business and community groups to provide free services to homeless people for a day.

14 City Officers attend and participate in network meetings with agencies and services in the region focusing on the issue of homelessness eg Department of Communities, Richmond Wellbeing to ensure that information and access to support and assistance for people who are experiencing homelessness or are ‘at risk’ provided by other agencies is current and relevant.

15 Bright Step Futures (‘BSF’), an initiative of the City of Canning, was funded by the Department of Communities in 2018 as part of its Youth Engagement Grants Program. BSF was originally run as a pilot program in 2017. The Youth Engagement Grants Program is within the Our Youth – Our Future, Western Australia’s Youth Strategic Framework (the Framework), with a whole-of-government commitment to providing opportunities for young people to achieve their goals and full potential and to play an authentic and valued role in the community. BSF recognises that the lives of some young people can bring extra challenges, particularly those who are homeless or at risk of homelessness. BSF hosted a 12 week series of workshops which created accessible, safe and supportive environments for ‘at risk’ young people to increase their access of health and social services/agencies and increase their knowledge on topics such as domestic violence awareness, drug and alcohol harm reduction, mental health, seeking and maintaining independent accommodation amongst many other topics. BSF provided opportunities for young people to develop their life skills, build their capacity and connect with others in their community.

AGENDA BRIEFING COMMENT

16 Not applicable.

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NOM-016-19 Bushfire Relief Donation NOM-016-19

NOM-016-19 Bushfire Relief Donation

FILE REF: Q19/423

REPORT DATE: 14 November 2019

RESPONSIBLE OFFICER: Garry Adams - Director Canning Community and Commercial

ATTACHMENTS Nil.

In accordance with Clause 4.13 of the City of Canning Standing Orders Local Law 2015,

Cr Holland has submitted the following Notice of Motion:

NOTICE OF MOTION

That Council:

1. Makes a donation towards assisting those who are affected by the devastating bush fires on the eastern seaboard of Australia, on behalf of all Canning residents, and in accordance with section 6.8 of the Local Government Act 1995, the City donates $10,000 to the Salvation Army 2019 November Bushfire Appeal.

2. Requests that the City of Canning promotes this donation and encourages all other City residents who can afford to, to donate directly to an established relief fund. All other Councils are encouraged to follow the City of Canning’s lead.

“ABSOLUTE MAJORITY REQUIRED”

COUNCILLOR HOLLAND RATIONALE

1 The City of Canning would like express its heartfelt sympathies to all those impacted by the devastating fires that have engulfed New South Wales and Queensland in the last few days, and would like to offer its unwavering support. To this end, the City of Canning would like to make a donation of $10,000 to assist those affected by this disaster.

OFFICER COMMENT

2 The City of Canning supports this notice of motion.

AGENDA BRIEFING COMMENT

3 Not applicable.

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15. URGENT BUSINESS

16. CONFIDENTIAL MATTERS

In accordance with section 4.16 of the Standing Orders, the Chief Executive Officer is of the opinion that the reports listed below are of a confidential nature. These reports have been kept confidential until Council has the opportunity to resolve that all relevant documents should remain confidential and be dealt with behind closed doors.

RECOMMENDATION

That Council resolves, in accordance with section 5.23(2) of the Local Government Act 1995 and/or section 4.15(2) of the Standing Orders, that the following report is confidential, for the reasons as shown.

EN-031-19 Rivers Regional Council - Regional Subsidiary

This report contains information of a confidential nature in accordance with Section 5.23(2(c) and Section 5.23(2(d) of the Local Government Act 1995, as it contains information relating to a contract entered into, or which may be entered into, by the local government and which relates to a matter to be discussed at the meeting and legal advice obtained, or which may be obtained, by the local government, and which relates to a matter to be discussed at the meeting

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EN-031-19 Rivers Regional Council - Regional Subsidiary EN-031-19

16.1 Director Canning Environment

EN-031-19 Rivers Regional Council - Regional Subsidiary

PROGRAM: Canning Environment

SUB PROGRAM: Clean Canning

FILE REF: Q19/416

REPORT DATE: 14 November 2019

REPORTING OFFICER: Anita Amprimo - Executive Manager Clean Canning

RESPONSIBLE OFFICER: Warren Bow - Director Canning Environment

Strategic Plan Theme: LEAD - Accountable, responsible and forward-thinking

administration. Community Goal: Effective leadership and good governance. Council Strategy: Prudent financial management and long term financial

sustainability.

Authority/Discretion: Executive: The substantial direction setting and oversight role

of the Council eg adopting plans and reports, accepting tenders, directing operations, setting and amending budgets.

Attachments: 1. Legal Advice from McLeods in Relation to Rivers Regional Subsidiary (D19/133539). (Confidential)

2. Additional Legal Advice from McLeods Relating to Rivers Regional Subsidiary (D19/138772). (Confidential)

*** CONFIDENTIAL TO MEMBERS ONLY ***

The Chief Executive Officer is of the opinion that this report contains information of a confidential nature in accordance with Section 5.23(2)(c), and Section 5.23(2(d) of the Local Government Act 1995, as it contains information relating to a contract entered into, or which may be entered into, by the local government and which relates to a matter to be discussed at the meeting, and legal advice obtained, or which may be obtained, by the local government, and which relates to a matter to be discussed at the meeting. In accordance with section 4.16 of the Standing Orders this report will be kept confidential until Council has the opportunity to resolve that this document should remain confidential and be dealt with behind Closed Doors.

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17. CLOSURE