council minutes - city of perth minutes 9 december 2014 i:\cps\admin services\council\word...

$: COUNCIL MINUTES - City of Perth MINUTES 9 DECEMBER 2014 I:\CPS\ADMIN SERVICES\COUNCIL\WORD MINUTES\MN141209.DOCX INDEX Item Description Page 517/14 PRAYER 1 518/14 DECLARATION OF OPENING$
I:\CPS\ADMIN SERVICES\COUNCIL\WORD MINUTES\MN141209.DOCX

Ord Con Mins 9 December 2014

COUNCIL MINUTES

9 DECEMBER 2014

THESE MINUTES ARE HEREBY CERTIFIED AS CONFIRMED

PRESIDING MEMBER’S

SIGNATURE

-----------------------------------

DATE:----------------------------

COUNCIL MINUTES 9 DECEMBER 2014


INDEX

Item Description Page

517/14 PRAYER 1

518/14 DECLARATION OF OPENING 1

519/14 APOLOGIES 1

520/14 QUESTION TIME FOR THE PUBLIC 1

521/14 MEMBERS ON LEAVE OF ABSENCE AND APPLICATIONS FOR LEAVE OF ABSENCE 2

522/14 CONFIRMATION OF MINUTES 2

523/14 ANNOUNCEMENTS BY THE LORD MAYOR 3

524/14 DISCLOSURE OF MEMBERS’ INTERESTS 3

525/14 QUESTIONS BY MEMBERS OF WHICH DUE NOTICE HAS BEEN GIVEN 4

526/14 CORRESPONDENCE 4

527/14 PETITIONS 4

528/14 MATTERS FOR WHICH THE MEETING MAY BE CLOSED 5

529/14 39 AND 39A (LOTS 52 AND 54) MOUNT STREET, WEST PERTH –PROPOSED TWO, SEVEN-LEVEL RESIDENTIAL DWELLINGS INCLUDING EIGHT CAR PARKING BAYS 5

530/14 32-34 (LOTS 13, 314 AND 315) ORD STREET, WEST PERTH – NINE LEVEL RESIDENTIAL DEVELOPMENT CONTAINING 40 MULTIPLE DWELLINGS AND 40 CAR PARKING BAYS 15

531/14 14 (LOT 8) PROWSE STREET, WEST PERTH – PROPOSED EIGHT-LEVEL MIXED-USE DEVELOPMENT INCLUDING 18 RESIDENTIAL APARTMENTS, A CAFÉ AND 20 CAR PARKING BAYS 25

532/14 16-18 (LOTS 40 AND 41) VENTNOR AVENUE, WEST PERTH – PROPOSED MIXED-USE DEVELOPMENT COMPRISING OFFICES, 12 MULTIPLE DWELLINGS AND 47 CAR PARKING BAYS 34

533/14 OASIS BALL – LANGLEY PARK EAST 44

534/14 PROPOSED INCLUSION OF PROPERTY AT 8 WALKER AVENUE, WEST PERTH, IN THE CITY PLANNING




SCHEME NO. 2 REGISTER OF PLACES OF CULTURAL HERITAGE SIGNIFICANCE 50

535/14 PROPOSED INTERIM HERITAGE REGISTRATION OF P3550 CO-OPERATIVE BULK HANDLING (FMR) BUILDING AT 22 DELHI STREET, WEST PERTH, IN THE STATE HERITAGE REGISTER 54

536/14 HERITAGE RATE CONCESSION APPLICATION – SWAN BREWERY, 171 MOUNTS BAY ROAD, PERTH 58

537/14 JAMES AND LAKE STREETS, NORTHBRIDGE – PRIVATE PROPERTY IMPROVEMENTS 65

538/14 BARRACK STREET – INTEGRATING PRIVATE INVESTMENT WITH STREETSCAPE WORKS 73

539/14 FINAL CONCEPT PLAN – BARRACK STREET TWO-WAY CONVERSION AND ENHANCEMENT PROJECT 84

540/14 ARTS AND CULTURAL SPONSORSHIP 2014/15 – ROUND TWO ASSESSMENT 92

541/14 SISTER CITY MISSION KAGOSHIMA, MARCH 2015 – DEPUTY LORD MAYOR ATTENDANCE 99

542/14 PAYMENTS FROM MUNICIPAL AND TRUST FUNDS – OCTOBER 2014 101

543/14 FINANCIAL STATEMENTS AND FINANCIAL ACTIVITY STATEMENT FOR THE PERIOD ENDED 31 OCTOBER 2014 103

544/14 SURRENDER OF LEASE – ERBEAC INC. – 18 STIRLING STREET, PERTH 104

545/14 INTENTION TO MAKE – PARKING AMENDMENT LOCAL LAW 2014 108

546/14 TENDER 041-14/15 – LIFT AND RE-LAY OF GRANITE PAVING IN CITY MALLS 124

547/14 ADOPTION – CITY OF PERTH LIGHTING STRATEGY 130

548/14 FINAL CONCEPT PLAN – SUPREME COURT GARDENS 137

549/14 URILIFT RETRACTABLE TOILET – TRIAL IN NORTHBRIDGE 143

550/14 PERTH THEATRE TRUST - NEW LEASE - PERTH CONCERT HALL 146

551/14 MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN 148




552/14 URGENT BUSINESS 148

553/14 CLOSE OF MEETING 148

COUNCIL CONFIRMATION DATE 3 FEBRUARY 2015 MINUTES - 1 - 9 DECEMBER 2014


Minutes of the Ordinary Meeting of the Council of the City of Perth held in the Council Chamber, Ninth Floor, Council House, 27 St Georges Terrace, Perth, on Tuesday, 9 December 2014. Presiding: The Rt Hon Lord Mayor, Ms Lisa-M. Scaffidi Councillors Present: Adamos, Butler, Chen, Davidson, Harley,

Limnios, McEvoy and Yong In Attendance: Gary Stevenson PSM - Chief Executive Officer Robert Mianich - Director Corporate Services Doug Forster - Director City Infrastructure and Enterprises Martin Mileham - Director City Planning and Development Garry Dunne - Director City Services Mark Ridgwell - Manager Governance Paul Anastas - Personal Aide to the Lord Mayor Cathryn Clayton - Governance Electoral Officer Observers: Nineteen members of the public. One member of the press. Four members of the staff.

517/14 PRAYER

The Lord Mayor took the Chair and the prayer was read by the Chief Executive Officer.

518/14 DECLARATION OF OPENING

6.01pm The Lord Mayor declared the meeting open.

519/14 APOLOGIES

Nil

520/14 QUESTION TIME FOR THE PUBLIC

Nil



521/14 MEMBERS ON LEAVE OF ABSENCE AND APPLICATIONS FOR LEAVE OF ABSENCE

The following leave of absence requests were received: Cr Limnios requested leave of absence for the period 18 December 2014 to

19 January 2015, inclusive; The Lord Mayor requested leave of absence for the period 27 January 2015 to

11 February 2015, inclusive; Cr Chen requested leave of absence for the period 27 January 2015 to

6 February 2015, inclusive. Moved by Cr Davidson, seconded by Cr Harley That the following requests for leave of absence be approved: 1. Cr Limnios for the period 18 December 2014 to 19 January 2015

inclusive; and

2. Lord Mayor for the period 27 January 2015 to 11 February 2015 inclusive;

3. Cr Chen for the period 27 January 2015 to 6 February 2015 inclusive. The motion was put and carried The votes were recorded as follows: For: The Lord Mayor, Crs Adamos, Butler, Chen, Davidson, Harley,

Limnios, McEvoy and Yong Against: Nil

522/14 CONFIRMATION OF MINUTES

The minutes of the Ordinary Meeting of the Council held on 18 November 2014 were submitted for consideration. Moved by Cr Davidson, seconded by Cr Butler That the minutes of the Ordinary Meeting of the Council held on 18 November 2014, be confirmed as a true and correct record. The motion was put and carried



The votes were recorded as follows: For: The Lord Mayor, Crs Adamos, Butler, Chen, Davidson, Harley,


523/14 ANNOUNCEMENTS BY THE LORD MAYOR

The Lord Mayor welcomed the following official guests in attendance:

Mr Chas and Mrs Rae Hopkins Freeman of the City of Perth and Guests

Mr Reg and Mrs June Dawson

Mr John Macmillan & Mrs Shirley Mercer

Mr Michael Sutherland

524/14 DISCLOSURE OF MEMBERS’ INTERESTS

The following Members disclosed an interest: Member / Officer

Minute No.

Item Title. Nature / Extent of Interest

Cr Harley 529/14 Item 1 - 39 and 39A (Lots 52 and 54) Mount Street, West Perth – Proposed Two, Seven-Level Residential Dwellings including Eight Car Parking Bays

Proximity Interest – Lives opposite 39 Mount Street, West Perth, the property subject of Item 1.

Lord Mayor 538/14 Item 10 – Barrack Street – Integrating Private Investment with Streetscape Works

Proximity Interest – The Lord Mayor owns property in Barrack Street, Perth

Lord Mayor 539/14 Item 19 - Final Concept Plan – Barrack Street Two-Way Conversion and Enhancement Project

Proximity Interest – The Lord Mayor owns property in Barrack Street, Perth

Cr Davidson 550/14 Item 22 – Perth Theatre Trust – New Lease – Perth Concert Hall

Impartiality Interest - Cr Davidson is a Board Member of the Perth Theatre Trust.

Cr Butler 550/14 Item 22 – Perth Theatre Trust – New Lease – Perth Concert Hall

Impartiality Interest - Cr Butler is a board member of the Perth Theatre Trust.

Cr Adamos 550/14 Item 22 – Perth Theatre Trust – New Lease – Perth Concert Hall

Impartiality Interest - Cr Adamos is a Board Member of the Perth Theatre Trust.



The following Officers disclosed an interest: Member / Officer

Minute No. Item Title. Nature / Extent of Interest

Garry Dunne, Director City Services

540/14 Item 11 - Arts and Cultural Sponsorship 2014/15 – Round Two Assessment

Impartiality – Mr Dunne is the responsible Director of the City of Perth Community Services Unit of which Ms Jo Darbyshire and Ms Ashleigh Whyte are employed part-time.

Elizabeth Napier, Manager Community Services


Impartiality – Ms Napier is the responsible Manager of the City of Perth Community Services Unit of which Ms Darbyshire and Ms Whyte are employed part-time.

Lisa Schreiber, Acting Arts and Cultural Programs Coordinator


Impartiality – Ms Schreiber is the supervisor of Ms Darbyshire.

Sarah Klahn-Jolley, Arts and Cultural Programs Officer


Impartiality – Ms Klahn-Jolley works for the City of Perth Arts and Culture team of which Ms Darbyshire and Ms Whyte.

Ashleigh White, Youth Arts Officer


Ms White is a voluntary Co-Director of the applicant, Paper Mountain.

525/14 QUESTIONS BY MEMBERS OF WHICH DUE NOTICE HAS BEEN GIVEN

Nil

526/14 CORRESPONDENCE

The Chief Executive Officer advised that correspondence had been received from a Northbridge resident, Mrs Kath Turner relating to Item 549/14, Urilift Retractable Toilet – Trial in Northbridge, Trim reference 335587/14. The correspondence raised concerns about the proposed location of the Urilift facility. The Chief Exective Officer confirmed that a response would be prepared for Mrs Turner regarding the location and operation of the Urilift.

527/14 PETITIONS

Nil



528/14 MATTERS FOR WHICH THE MEETING MAY BE CLOSED

The Chief Executive Officer advised that Schedules 11, 20, 22 and 30 associated with Items 534/14, 538/14 and 546/14 are CONFIDENTIAL in accordance with Section 5.23(2)(e)(iii) of the Local Government Act 1995. Therefore, should a Member wish to discuss the content of the Schedules relevant to these Items, it is recommended that Council resolve to close the meeting to members of the public before discussion of the Item. 6.06pm Cr Harley previously disclosed a Proximity Interest in Item 529/14

(detailed at Item 524/14) and departed the meeting.

I T E M N O :

PLANNING COMMITTEE REPORTS

529/14 39 AND 39A (LOTS 52 AND 54) MOUNT STREET, WEST PERTH –PROPOSED TWO, SEVEN-LEVEL RESIDENTIAL DWELLINGS INCLUDING EIGHT CAR PARKING BAYS

BACKGROUND:

SUBURB/LOCATION: 39-39A Mount Street, West Perth FILE REFERENCE: 2014/5289 REPORTING OFFICER: Michaela Trlin, Senior Planning Officer RESPONSIBLE DIRECTOR: Martin Mileham, Director City Planning and

Development DATE: 18 November 2014 MAP / SCHEDULE: Schedule 1 – Map and colour perspectives for 39-

39A Mount Street, West Perth Schedule 2 – 3D Snapshots

LANDOWNER: Mr L Li and Ms J Hong APPLICANT: Baltinas Architecture ZONING: (MRS Zone) Urban (City Planning Scheme Precinct) West Perth (P10)

(City Planning Scheme Use Area) Residential R160APPROXIMATE COST: $2.75 million At the Planning Committee meeting held on 2 December 2014 the Committee agreed to amend part 1 of the Officer Recommendation as follows: “1. in accordance with the provisions of City Planning Scheme No. 2 and the

Metropolitan Region Scheme, Council APPROVES BY AN ABSOLUTE MAJORITY the application for the construction of two, seven – level residential



dwellings including eight car parking bays at 39 and 39A (Lots 52 and 54) Mount Street, West Perth, as detailed on the Metropolitan Region Scheme Form One dated 2 September 2014 and as shown on the plans received 14 November 2014 subject to:”

Reason: The Manager Approvals Services advised that Part 1 of the Officer

Recommendation referred to the Metropolitan Region Scheme in error and is required to be deleted.

SITE HISTORY:

The subject site is located on the southern side of Mount Street, West Perth. The site is comprised of two lots with a total site area of approximately 339m². The site is currently vacant. At its meeting held on 31 October 2006, Council approved the development of two single dwellings on the subject properties. On 14 November 2007, the City under delegated authority approved an amendment to the previously approved development application for the two single dwellings on the subject properties. At its meeting held on 25 June 2013, Council approved the development of a six – level special residential development containing 20 serviced apartments and seven car parking bays on the subject site. On the 19 December 2013, the City under delegated authority approved the development of two single dwellings on the subject property. The application was identical to the previously approved plans for the site approved 14 November 2007.

DETAILS:

Approval is sought for the construction of two, seven-level residential dwellings on the currently vacant site at 39 and 39A Mount Street, West Perth. The two dwellings are mirror images in terms of floor plans and include the following: Basement Level This level accommodates parking for four vehicles,

gymnasium, sauna, bathroom, laundry, lift, stairs and bin store area.

Ground Floor Level This floor includes the dwelling entrance, office/study, bathroom, guest room with ensuite bathroom, courtyard, stair access to the basement level and lift.

First and Second Floor Levels

These levels contain two bedrooms each with their own ensuite bathroom and balcony overlooking Mount Street or facing south towards the Swan River with lift and stair access.

Third and Fourth Floor Levels

These levels contains a kitchen and dining area, powder room, living room and a split level to the rear of the dwelling including a formal dining area and lift and stair access.



Fifth and Sixth Floor Levels

These floors have an enclosed lower roof deck to the north side of the building, change room, an upper roof deck with a glass bottom pool to the south of the building, lift and stair access.

A combination of building materials are proposed including natural anodized aluminium cladding to the side exterior walls, green tint window glazing with matt black aluminium frames and an acratex paint finish in an off white colour to the exterior walls. An ivy green wall is proposed to the garage door and surrounds which includes an angled concrete wall with ivy creepers above the garages. The steel garage doors will have in built planter trays which swing inwards and hollow pavers with grass infill are proposed for the driveway surfaces.

COMPLIANCE WITH PLANNING SCHEME:

Land Use The subject site is located in the Residential R160 use area of the West Perth Precinct (P10) under City Planning Scheme No. 2. The Statement of Intent for the precinct states that the area will continue to develop as a residential area with single houses, grouped dwellings and multiple dwellings. A single residential dwelling falls within the ‘Residential’ use group which is a ‘Preferred’ (‘P’) in the Residential R160 use area of the West Perth Precinct. Development Requirements Development in this area should be of a high standard and complementary to the historic residential character of the area. The proposal’s compliance with the City Planning Scheme No. 2 and Mount Street Design Guidelines development requirements is summarised below:

Development Standard Proposed Required / Permitted Maximum Plot Ratio:

1.93:1 (655m²) 2.0:1 (678m²)

Building Height: - Mount Street Design

Policy - Parliament House

Precinct Policy

19 metres

38.86 metres AHD

19 metres (maximum)

34.46 metres AHD (Parliament House

Precinct Policy)

Setbacks: Mount Street - Basement level

3.4 metres with bin storage up to 1 metre

4.5 metres (minimum)



Development Standard Proposed Required / Permitted - Ground level - 1st to 2nd floor level

- 3rd to 7th floor level Side (East) - Basement level - Ground floor (inclusive

of courtyard on basement roof)

- 1st to 3rd floor

- 4th floor - 5th and 6th floor

- 7th floor

Building 4.5 metres

with canopy/screen projecting to 2

metres, separating fin wall to 2.7 metres

and terrace 3.3 metres

Building 4.5 metres,

terrace 3.4m

3.4 metres

Nil

Nil

1.3 – 2.6 metres

1.6 – 2.6 metres

1.5 – 2.6 metres

1.6 – 2.6 metres

4.5 metres (minimum) permitting light open

verandahs to 2 metres

4.5 metres (minimum) permitting light open

verandahs to 2 metres

3 metres (minimum)

3 metres (minimum) may be reduced to 1.5 for lots with a width of 15 metres

of less


of less


of less


of less


of less


of less



Development Standard Proposed Required / Permitted

Side (West) - Basement level - Ground floor (inclusive

of courtyard on basement roof)

- 1st to 7th floor

Rear (South)

Nil

Nil

1.6 – 2.4 metres

Nil


of less


of less


of less

Not specified

Car Parking:

8 bays 3 bays (minimum)

Landscaping: 9% (30.4m2) 25% (85m²)

Open Space: 47% (160m2) 50% (169.5m²)

Variations to the setbacks, landscaping and open space provisions applicable to the development can be granted by an absolute majority decision of Council, in accordance with Clause 47 of the City Planning Scheme and provided the Council is satisfied that: ‘47(3)(d)(i) if approval were to be granted, the development would be consistent with:

(A) the orderly and proper planning of the locality; (B) the conservation of the amenities of the locality; and (C) the statement of intent set out in the relevant precinct plan; and

(ii) the non-compliance would not have any undue adverse effect on: (A) the occupiers or users of the development; (B) the property in, or the inhabitants of, the locality; or (C) the likely future development of the locality’.

COMMENTS:

Consultation The application was advertised to surrounding land owners for comment for a period of 14 days due to the proposed variations to the setbacks, landscaping and open



space requirements of the City Planning Scheme No. 2. No submissions were received during this period. Design Advisory Committee The application was referred to the Design Advisory Committee (DAC) at its meeting held on 23 October 2014 for comment in regards to the design of the proposed residential development. The Committee advised that it: “1. supports the proposed development of two, seven-level residential dwelling

units on the site; 2. supports the design of the building, noting that the applicant should commit to a

high level of quality materials, finishes and aesthetics as presented; 3. does not support the proposed angled canopies "eyebrows" as it projects

significantly into the front setback area and will appear larger from the footpath, there is uncertainty of the successful greening to the angled underside;

4. supports the central spine dividing the two dwellings being further setback from

the street frontage reducing the projection into the front setback; and 5. supports the proposed landscaping of the front setback area and garage doors

subject to a management plan for the ongoing maintenance of the green garage doors being provided including and alternative plan should the proposal be unsuccessful.”

The applicant has provided the following written response to the recommendations made by the DAC and advised where amendments to the building design have been made in accordance with the recommendations. In respect to item three of the DAC’s recommendation, the applicant has advised that the folded slabs have been modified to run parallel to each other and on the same slope as Mount Street to provide a more natural aesthetic. The setback to the folded slabs has also been increased by 300mm and a planter bed incorporated into the upper side of the fold to provide additional landscaping to the front façade. In response to item four, the central spine dividing the two dwellings has been setback an additional 300mm in accordance with DAC’s recommendation. In response to item five, the applicant has advised that a professional landscape architect has confirmed that the proposed garage door greenery can be achieved through the use of either Australian native water wise plants or by a more traditional style wet green wall. A management plan will be produced in conjunction with the garage door design in the design development and documentation stage. This can be required as a condition of any approval. The applicant has suitably addressed each of the recommendations of the DAC by modifying specific design elements and providing further detail where required. It is



considered that the proposed modifications to the building design address the recommendations of the committee and are supported subject to a condition that final details of the high quality materials and finishes be submitted for approval to ensure that this not be toned down during the permit approval stage of the development. Building Height The development proposes a maximum building height of 19 metres, which complies with the maximum building height required by the Mount Street Design Policy. The subject property falls within the Outer Precinct of the Parliament House Precinct Policy which stipulates a maximum building height of 34.46 metres AHD for the subject property. The development proposes a maximum building height of 38.86 metres AHD, which is 4.4 metres over the maximum requirement. Due to the proposed development exceeding the maximum height prescribed by the Policy, the application has been referred to the WAPC for determination as required under the Parliament House Precinct Policy. Adjacent developments along Mount Street also exceed the maximum height limit prescribed by the Parliament House Precinct Policy in some instances with the adjoining development to the west of the subject site being of a similar height as the proposed development. Given the proposed development complies with the maximum height limit prescribed by the Mount Street Design Guidelines and considered consistent with the existing streetscape in terms of height, it is recommended that the building height variation to the Parliament House Precinct Policy be supported and the WAPC advised accordingly. Setbacks The site is subject to a 4.5 metre front setback from Mount Street in accordance with the Mount Street Design Policy under CPS 2. The Policy further states that subject to the level of impact on the streetscape, light open verandas may be permitted to encroach up to a maximum of two metres into this setback area. The proposed building is setback 4.5 metres from the Mount Street boundary, with an open veranda setback 3.3 metres from the boundary which is consistent with the Policy. The proposed folded slab elements also encroach into the front setback area, with the closest point being two metres to the front boundary and increasing to 2.8 metres to eastern and western lot boundaries. The folded slab elements have been designed to incorporate landscape planters to provide additional landscaping to the front facade. The proposed encroachments into the front setback area are considered interesting design elements consistent with other encroachments along the street and are therefore supported. The Policy requires a three metre setback to be provided to both side boundaries in order to maintain vistas between buildings. On lots with frontages of 15 metres or less, the side setback on the south western boundary may be relaxed to 1.5 metres. The subject site has a street lot frontage of 15.2 metres and rear lot frontage of 14.5 metres. Overall the subject site has an average lot width of less than 15 metres. The subject lot adjoins a five storey apartment building to the west which is setback three metres from the side boundary to accommodate a vehicle driveway to access



the rear of the site. Combined with the proposed setback of 1.5 metres, a separation of approximately 4.5 metres is proposed between the two buildings. The proposed setback is considered to appropriately maintain a vista between the two buildings in accordance with the Policy requirements. The subject site adjoins a two storey residential development to the east which has a limited number of openings facing the subject site. The proposed development is setback 1.5 metres from the eastern lot boundary increasing to two metres for the rear half of the building. The Policy requires a three metre setback from this boundary. No openings are proposed on the eastern elevation of the proposed building. The proposed development has been designed to minimise any potential adverse impact on the privacy of the occupants of the building and also the adjacent residential development. All rear facing balconies have been thoughtfully designed to minimise any overlooking to the east or west of the site. It is considered that the proposed setbacks generally comply with the objectives of the Policy to maintain vistas between buildings and to not unreasonably diminish the privacy of existing or future residents. The proposed setback variations can therefore be supported in accordance with Clause 47 of the City Planning Scheme No. 2. Open Space / Landscaping Under the development standards of the ‘Residential’ area within the West Perth Precinct, the open space requirement is 50% of the site of which 25% is required to be landscaped. The application proposes 9% of the site to be landscaped, with most of this landscaping proposed within the front setback area. In addition the proposal includes large planter boxes as well as hollow pavers with grass infill for each of the driveways. Ivy creepers are proposed to be planted against the folded slab elements and additional landscaped planters constructed along the edge of the verandahs. The garage doors are proposed to be green walls to provide additional landscaping and achieve the appearance of ‘landscaped surrounds’ in accordance with the requirements of the West Perth precinct. The application proposes 47% of the site to be open space with each dwelling having a ground floor courtyard to the rear of the dwelling, a generous verandah, balconies on most levels, an open upper roof deck adjacent to the swimming pool and a second enclosed roof deck. The reduction in open space is considered a minor variation given the amount of usable open space provided, and can be supported. Given the constraints of the site, it is considered that the amount of landscaping and open space provided can be supported subject to a condition requiring a management plan being submitted for the proposed maintenance of the green walls and garage door planters. Conclusion The proposed contemporary style building is consistent with the existing scale of Mount Street and is considered an appropriate design solution for the site. The proposed variations to the setbacks and landscaping provisions of the City Planning Scheme No. 2 will not have an adverse impact on the streetscape or the privacy and



amenity of the adjoining properties. The proposed design, materials and finishes of the development as well as green walls and garage doors will provide variety and interest to the street whilst achieving the objectives of the West Perth precinct. It is recommended that the proposed development can be supported subject to relevant conditions of approval. Moved by Cr Butler, seconded by Cr McEvoy That:

1. in accordance with the provisions of City Planning Scheme No. 2,

Council APPROVES BY AN ABSOLUTE MAJORITY the application for the construction of two, seven – level residential dwellings including eight car parking bays at 39 and 39A (Lots 52 and 54) Mount Street, West Perth, as detailed on the Metropolitan Region Scheme Form One dated 2 September 2014 and as shown on the plans received 14 November 2014 subject to: 1.1 final details and a sample board of the high quality materials,

colours and finishes for the proposed building, being submitted and approved prior to the submission of an application for a building permit;

1.2 a detailed landscaping and reticulation plan including a

management plan for the proposed green walls and garage door planters being submitted and approved prior to the submission of an application for a building permit, with the approved landscaping being installed prior to the occupation of the building and thereafter maintained to a high standard;

1.3 air conditioning condensers not being permitted on residential

balconies where they affect the use or enjoyment of the balcony or can be viewed from the street and any proposed external building plant, lift overruns, piping, ducting, water tanks, transformers, and fire booster cabinets being located so as to minimise any visual and noise impact on the adjacent developments and being screened from view of the street, including any such plant or services located within the vehicle entrance of the development, with details of the location and screening of such plant and services being submitted and approved prior to applying for a building permit;

(Cont’d)



1.4 a replacement street tree being provided at the developer’s cost and to the City’s specifications prior to the occupation of the dwellings to address the proposed removal of the existing street tree adjacent to the site, with a separate application being submitted to the City prior to the removal of the tree, in accordance with Council Policy 20.9 –‘Recognising the Amenity Value of the City’s Trees’;

1.5 the submission of a construction management plan for the proposal detailing how it is proposed to manage:

a. delivery of materials and equipment to the site; b. storage of materials and equipment on the site; c. parking arrangements for contractors and subcontractors

to avoid on street parking congestion in Mount Street; and d. other matters likely to impact on the surrounding

properties;

2. the Western Australian Planning Commission be advised that the application is being supported by Council and being referred to it for determination of the proposed variation to the building height under the Parliament House Precinct Policy.

The motion was put and carried by an absolute majority The votes were recorded as follows: For: The Lord Mayor, Crs Adamos, Butler, Chen, Davidson, Limnios,

McEvoy and Yong Against: Nil 6.08pm Cr Harley returned to the meeting.



530/14 32-34 (LOTS 13, 314 AND 315) ORD STREET, WEST PERTH – NINE LEVEL RESIDENTIAL DEVELOPMENT CONTAINING 40 MULTIPLE DWELLINGS AND 40 CAR PARKING BAYS

BACKGROUND:

SUBURB/LOCATION: 32-34 Ord Street, West Perth FILE REFERENCE: 2014/5316 REPORTING OFFICER: Roberto Colalillo, Senior Planning Officer RESPONSIBLE DIRECTOR: Martin Mileham, Director City Planning and

Development DATE: 18 November 2014 MAP / SCHEDULE: Schedule 3 – Map and coloured perspective for 32-

34 Ord Street, West Perth Schedule 4 – 3D Snapshots

LANDOWNER: Neurosurgica Pty Ltd APPLICANT: Design Management Group Pty Ltd ZONING: (MRS Zone) Urban (City Planning Scheme Precinct) West Perth (P10)

(City Planning Scheme Use Area) Office/Residential

APPROXIMATE COST: $11 million The Committee recommendation to the Council for this report was resolved by the Planning Committee at its meeting held on 2 December 2014. The Committee recommendation to the Council is the same as that recommended by the Officers.

SITE HISTORY:

The subject sites comprise a total area of 1,013m² and combined 20.5 metre frontage to Ord Street. The sites currently contain separate single storey buildings with 32 Ord Street being previously used for office purposes (currently vacant) and 34 Ord Street operating as a medical practice.The sites are bordered by a three storey office development to the west, a four level office development to the east and a laneway to the north.

DETAILS:

Approval is sought for development of a nine level residential development containing 40 multiple dwellings and 40 car parking bays on the subject sites. The existing buildings on site are proposed to be demolished to accommodate the proposed development. The details of the proposed development are as follows: Basement Level This level contains 22 car parking bays accessed via a ramp

from the rear right-of-way, lifts and lobby, pump room, fire tanks and fire exit stairwell.



Ground Floor Level This level contains 18 car parking bays accessed via the rear right-of-way, 12 bicycle racks, entry lobby, landscaped areas, lifts and lobby, bin store and fire exit stairwell.

First to Sixth Floor Level

These levels each contain six residential apartments with balconies consisting of four one-bedroom/two-bathroom apartments (68 to 69m2) and two one-bedroom/one-bathroom apartments (48m2), six residential store rooms, passageway, fire exit stairwell, lifts and lift lobby.

Seventh Floor Level This level contains four 2-bedroom/2-bathroom apartments (68 to 69m2) with balconies, communal residential amenities terrace area, four residential store rooms, passageway, fire exit stairwell, lifts and lift lobby.

Roof Level This level contains a lift over-run, access stairs and louvres to lower terrace area.

The development is proposed to be constructed using a diverse material and colour palette including white and charcoal Ultrabond cladding (elevation and roof wraps), off-shite acrylic rendered walling, frameless glazing, perforated weathering steel (main screening element) and powder coated aluminium (louvre screening). COMPLIANCE WITH PLANNING SCHEME:

Land Use The subject site is located within the Office/Residential area of the West Perth Precinct (P10) of the City Planning Scheme No. 2 (CPS2). This area will provide for a wide range of office and residential activities together with restaurants (including cafes) and other uses which serve the immediate needs of the work force and residents and add to the area's vitality and attraction. The development of independent residential uses will be strongly encouraged. Multiple Dwellings (‘Residential’) is a Preferred use (‘P’) within the Office/Residential use area of the West Perth Precinct (P10). It is considered that the proposed use would be consistent with the intent of the precinct and will be compatible with the surrounding land uses. Development Requirements Buildings within the Office/Residential use area shall be set in landscaped surrounds to create an open spacious character quite distinct from the continuous built edge of the primary office district in the city centre. Buildings shall be well set back from boundaries and evoke a sense of prestige, which should be further enhanced by permanent, in ground landscaping.



The proposal’s compliance with the CPS2 development requirements is summarised below:

Development Standard Proposed Required / Permitted Maximum Plot Ratio:

2.0:1 (2,026m2) 2.0:1 (2,026m2)

Maximum Building Height:

25.5 metres

29 metres

Setbacks: Front (Ord Street) Side (east) Side (west) Rear (laneway)

3.2 metres (architectural features),

4.5 metres (main building)

1.4 to 3.3 metres

Nil to 3.5 metres

Nil (bin store),

1.9 to 2.8 metres (architectural features), 3 metres (main building)

4.5 metres

4 metres

4 metres

3 metres

Car Parking: - Resident Bays

40 bays

40 bays (minimum) 80 bays (maximum)

Bicycle Parking: - Bicycle Bays Residential

12 bays at ground floor level, plus four residential stores of 5.5m2 provided

14 bays (minimum) or can be located within

residential stores (minimum dimension

2.2m and area of 5m2) rooms are minimum

5m2)

Landscaping: 24% of site (240m2) 25% of site (253m2)

Variations to the setback and landscaping provisions applicable to the development can be granted by an absolute majority decision of Council, in accordance with Clause 47 of the City Planning Scheme and provided Council is satisfied that: ‘47(3)(d)(i) if approval were to be granted, the development would be consistent with:

(A) the orderly and proper planning of the locality; (B) the conservation of the amenities of the locality; and



(C) the statement of intent set out in the relevant precinct plan; and

(ii) the non-compliance would not have any undue adverse effect on: (A) the occupiers or users of the development; (B) the property in, or the inhabitants of, the locality; or (C) the likely future development of the locality’.

COMMENTS: Consultation The proposal was advertised to the owners of the adjacent properties, being 30 and 36 Ord Street, West Perth, for a period of 14 days closing on 4 November 2014. One submission was received from the property manager of the adjacent office building at 30 Ord Street, West Perth, to the east of the subject site. The submission stated the following: “The owners of 30 Ord St are concerned that a portion of the proposed development is only set back 1.5 metres from the western side of their boundary with 32 Ord Street. This is very close for a building that will be nine levels high. As a result they wish to object and request that the setback is only the minimum as allowed under City Planning Scheme No. 2.” In response to the submission received, the applicants have stated that: “The reduced setback is acknowledged, however said intrusions into the side setback in question have been negotiated in conjunction with the City in regards to balancing apartment amenity with the view corridor requirements of the West Perth Precinct. The core has been located to the centre of the site to reduce street impact and in consideration of the existing neighbour’s core at 30 Ord Street. The sculpture garden and rear access provision adjacent to the neighbouring property will provide additional amenity to the neighbour’s property.” Comments relating to the above submission and applicant response are discussed in greater detail further in this report. Design Advisory Committee The proposal was considered by the Design Advisory Committee (DAC) at its meeting held on 23 October 2014. The Committee advised that it: “1. in general supports the height, scale and setback variations of the proposed

development considering the adjoining development and its locality;



2. questions the fixed screen element in terms of scale and position on the building noting that a mirror image may be considered more acceptable and noting that its termination to the ground be reconsidered;

3. does not support the canopy to the front entrance projecting into the front

setback at the base of the above screen; 4. considers the materials should be rationalised and further reviewed in

consultation with the City Architect; 5. considers the internal design of the units could be improved modifying the

entries and living spaces in the two bedroom units; 6. supports the removal of the air conditioner units from the balconies and

potential relocation to the current store rooms as presented; and 7. does not support the current bike store screening on the frontage and seeks the

design to be modified in consultation with the City Architect to improve contact with the street.”

The applicant subsequently met with the Officers and submitted revised plans which aim to address the abovementioned issues. The planning assessment section below details the extent to which the revised plans respond to the design matters raised by the DAC. Building Design, Materials and Finishes As outlined above, the DAC raised various design concerns in relation to the original proposal. The proposed design of the development has subsequently been modified to address the specific concerns of the DAC. In particular, the fixed screen element has been relocated to the west of the site to align with the termination of Altona Street and no longer connects to the ground floor. The entryway has also been modified with the previous canopy element being removed and replaced with an external wrapping feature to signify the entrance to the development. This has reduced the non-compliance in terms of front setback requirements and also resulted in a more consistent ground floor design response to the street. Noting the DAC’s comments, the revised simpler palette of materials and colours is also considered to contribute to a better overall design for the building. In particular, the screening element to the ground floor bicycle parking has been replaced with glazing which has ‘opened’ up this area to the street. The previous eastern and western elevation screening elements have been rationalised which simplifies the treatments of these elevations which were previously considered to be over complicated by the use of too many varying design elements. In response to the DAC’s concerns, the proposed air conditioning units have been relocated from the balconies to a central location on the roof. The plans show the area being screened however, it is considered appropriate to apply a condition on any approval to require final design and material details of the proposed screening.



This will ensure it can be integrated with the design of the building and not detract from its overall quality when viewed from higher vantage points from neighbouring properties in particular. In relation to the DAC’s comments regarding the potential to improve the internal design of the units, the applicant has undertaken some minor measures to address this. In particular, the entrances to the single bedroom units have been increased by 200mm which provides for an improved entryway area design and slightly less wasted space for the single bedroom dwellings. Despite not addressing the DAC’s concerns in relation to the living spaces of the two bedroom units, the retained layout is considered to provide an acceptable level of amenity for future residents. Building Height and Setbacks The proposed development is compliant with respect to overall building height as it proposes a maximum building height of 25.5 metres whereas a maximum of 29 metres is permitted for the site under CPS2. There are a number of variations proposed to the setback requirements of CPS2. The required 4.5 metre front setback is generally maintained to the Ord Street boundary with the exception of the architectural screening element located over the ground floor entry from levels one to six. The screening element is of lightweight construction with no supporting structures located in the setback area. The encroachment is not considered to detract from the existing streetscape and will not be dominant or imposing from the adjacent pedestrian street environment. The variation can therefore be supported based on the design being consistent with the requirements of Clause 47 of CPS2. Variations are also proposed to the east and west four metre side setback requirements of CPS2. The proposed western side setback variation is considered to be acceptable given the reduced nil setback only applies to the ground floor level and the main building is setback 3.5 metres which represents a minor variation to the four metre standard. Balconies are proposed to be set back 2.5 metres from the western boundary, however these are lightweight structures and do not add to the bulk and scale of the western elevation. It is also noted that no objections were received from the adjoining landowner/s to this proposed setback variation. The proposed eastern side setback of 1.4 to 3.3 metres is, by contrast, a more significant variation which is also subject to an objection from the adjoining landowner/s. The greater variation is contained within the central portion of the development’s western elevation where the setback is 1.4 to 2.2 metres. This area contains the lift and stairwell core, store rooms and passageway which are largely inactive spaces and not considered to create issues in terms of privacy/overlooking for the adjoining office use. The remaining extents of the western elevation are set back 3.3 metres which represents a 0.7 metre variation to the four metre requirement which is considered minor. Given the larger variation is contained centrally within the site, there are minimal impacts in terms of increased overshadowing as opposed to a fully compliant development. The above considerations are consistent with the additional justification provided by the applicant in relation to the variation. It is



considered that the variation can be supported as the setback variation would not compromise the requirements of Clause 47 of CPS2. A nil setback is proposed to the rear ground floor bin store area adjacent to the rear right-of-way and three metre set back is proposed to the main building with the exception of an architectural screening element which is set back 1.9 to 2.8 metres. The encroachments provided by the bin store and screening element are not considered to detract from the existing laneway environment and will not be dominant or imposing from the adjacent laneway area. The proposed variations to the rear setback are considered minor and supported based on the overall rear elevation design being consistent with the requirements of Clause 47 of CPS2. Landscaping The proposed development provides for approximately 24% of the site as landscaped area which represents a variation to the 25% requirement of CPS2. The variation is considered to be minor given it only represents a shortfall of 13m2. The shortfall is also offset by the quality and functionality of landscaping which is being proposed which includes a pedestrian link between the street and the rear Right of Way which is encouraged for improved pedestrian access and passive surveillance purposes. The variation to landscaping provision is therefore supported based on the quality of landscaping being consistent with the requirements of Clause 47 of CPS2. Car Parking and Traffic Management The development is compliant with respect to resident car parking bay provision as prescribed by the City’s Parking Policy (5.1). However, the Policy also states that visitor parking should be provided in residential areas where it can be expected that existing on-street facilities will not adequately provide for visitors to the development. It is considered that the expected demand for visitor parking from the development can be adequately provided for by the presence of on-street bays adjacent to the site. There is also a high level of public transport availability in the area including high frequency public transport services which are located within 400 metres of the site. The applicant submitted a Transport Statement for the City’s review in support of the application. The Transport Statement is generally consistent with the City’s requirements however there are some matters which will need to be addressed by the applicant prior to submitting a building permit as follows: a comparison of the existing and proposed peak hour traffic generation should

be provided; any additional traffic generated in the right-of-way needs to be carefully

reviewed together with any measures to slow traffic (if necessary). The City has recently received complaints in relation to speeding and traffic movements within the right-of-way; and

the visibility from the right-of-way on to Ord Street needs to be verified and accurate drawings provided to demonstrate the available visibility, based on likely increases in traffic generation as a result of the development.



Given the above, it is recommended that a condition of approval be imposed requiring the submission of a revised Transport Statement to the City’s satisfaction. Existing Buildings The subject site and existing building/s are not listed on either the Heritage Council of Western Australia’s State Heritage Register or the City’s Places of Cultural Heritage Significance Register. However, assessment by the City’s heritage representatives has recommended that a photographic record of the existing development on site be submitted prior to future demolition. This is based on the age, design quality and condition of the existing buildings. This can be included as a condition of approval. Conclusion In response to the concerns of the Design Advisory Committee, the applicant has provided revised plans and elevations to improve the overall presentation and quality of the design. It is considered that the proposed development will add to the residential living environment in this area of West Perth. The development generally complies with the requirements of CPS2, with the proposed setback and landscaping variations being supported in accordance with Clause 47 of CPS2. Other aspects of the development including materials/finishes can be conditioned to address Council’s requirements. Given the above, it is recommended that the proposed development be supported subject to relevant conditions. Moved by Cr Butler, seconded by Cr McEvoy That in accordance with the provisions of the City Planning Scheme No. 2 and the Metropolitan Region Scheme, Council APPROVES BY AN ABSOLUTE MAJORITY the application for a nine level residential development containing 40 multiple dwellings and 40 car parking bays at 32-34 (Lots 13, 314 and 315) Ord Street, West Perth, as indicated on the Metropolitan Region Scheme Form One dated 18 September 2014, and as shown on the plans received on 14 November 2014, subject to: 1. the development being constructed with high quality materials and

finishes and to a level of detailing that is consistent with the elevations and perspectives received on 14 November 2014, with the final details of the design and a sample board of the materials, colours and finishes being submitted to the City for approval prior to applying for a building permit;

(Cont’d)



2. air conditioning condensers not being permitted on residential balconies where they affect the use or enjoyment of the balcony or can be viewed from the street and any proposed external building plant, lift overruns, piping, ducting, water tanks, transformers, and fire booster cabinets being located so as to minimise any visual and noise impact on the adjacent developments and being screened from view of the street, including any such plant or services located within the vehicle entrance of the development, with details of the location and screening of such plant and services being submitted and approved prior to applying for a building permit;

3. each dwelling being provided with a minimum 4m2 store room with a

minimum internal dimension of 1.5 metres; 4. the recommendations contained in the Acoustic Report prepared on

15 September 2014 by Gabriels Environmental Design Pty Ltd, regarding the noise amelioration construction specifications and other noise management measures, being implemented in full and on completion of the building construction a test or inspection report, undertaken at the developer’s cost, being submitted and approved verifying that the building complies with the recommendations, standards and objectives contained in the Acoustic Report, prior to the issue of an Occupancy Permit for the development, with any significant design changes resulting from the test or inspection report being the subject of a separate application for approval;

5. the dimensions of all car parking bays, aisle widths, ramps and

circulation areas complying with the Australian Standard AS/NZS 2890.1/2004;

6. a minimum of one car bay being allocated to each multiple dwelling

within the development, with all on-site residential car bays being for the exclusive use of the residents of the development and their visitors;

7. secure bicycle parking facilities being provided designed and

located in accordance with the requirements of the City Planning Scheme No. 2 Policy 5.4 Bicycle Parking and End of Journey Facilities, with details of the design and location of these facilities being submitted and approved prior to applying for a building permit;

(Cont’d)



8. all stormwater being contained on-site with details of the stormwater drainage being submitted to the City for approval prior to applying for a building permit;

9. the proposed vehicle and pedestrian entry levels being consistent with the existing footpath and right-of-way levels with final details of the existing and proposed levels being submitted and approved prior to applying for a building permit;

10. a Waste Management Plan satisfying the City’s waste collection requirements being submitted and approved prior to applying for the relevant building permit;

11. a revised Transport Statement being submitted to and approved by the City prior to applying for the relevant building permit;

12. a photographic record of existing development on the sites is to be submitted to the City prior to applying for a demolition permit;

13. in the event of the development not proceeding within six months of the demolition of the existing building(s) on the site, the site is to be fenced or landscaped to the satisfaction of the City in order to preserve the amenity of the area and to prevent dust and sand being blown from the site and being maintained in a clean and tidy state;

14. a detailed landscaping and reticulation plan being submitted and approved prior to applying for a building permit, with the approved landscaping being installed prior to the occupation of the building and thereafter maintained to a high standard;

15. the submission of a construction management plan for the proposal prior to applying for a building permit, detailing how it is proposed to manage:

15.1 delivery of materials and equipment to the site; 15.2 storage of materials and equipment on the site; 15.3 parking arrangements for contractors and subcontractors;

and 15.4 other matters likely to impact on the surrounding properties.

The motion was put and carried by an absolute majority




Limnios and Yong Against: Cr McEvoy

531/14 14 (LOT 8) PROWSE STREET, WEST PERTH – PROPOSED EIGHT-LEVEL MIXED-USE DEVELOPMENT INCLUDING 18 RESIDENTIAL APARTMENTS, A CAFÉ AND 20 CAR PARKING BAYS

BACKGROUND:

SUBURB/LOCATION: 14 Prowse Street, West Perth FILE REFERENCE: 2014/5306 REPORTING OFFICER: Michaela Trlin, Senior Planning Officer RESPONSIBLE DIRECTOR: Martin Mileham, Director City Planning and

Development DATE: 12 November 2014 MAP / SCHEDULE: Schedule 5 – Map and colour perspective for

14 Prowse Street, West Perth Schedule 6 – 3D Snapshots

LANDOWNER: Mr S Bertolini, Ms I Saharay and Mrs J Saharay APPLICANT: Archetype Design Studio ZONING: (MRS Zone) Urban (City Planning Scheme Precinct) West Perth (P10)

(City Planning Scheme Use Area) Office / Residential

APPROXIMATE COST: $4.15 million The Committee recommendation to the Council for this report was resolved by the Planning Committee at its meeting held on 2 December 2014. The Committee recommendation to the Council is the same as that recommended by the Officers.

SITE HISTORY:

The 645m2 triangular shaped site is located on the northern side of Prowse Street, opposite the junction of Prowse Street and Douro Place in West Perth. The site directly abuts Totterdell Park to the north and is currently occupied by a single storey office building. At its meeting held on 7 October 2008, Council granted approval for the demolition of the existing single storey building on the subject site and for the construction of a six – level mixed-use development containing four office levels, one multiple dwelling



and associated basement car parking. The approval was not acted upon and has since lapsed.

DETAILS:

Approval is sought for the demolition of the existing single storey building on the subject property and the construction of an eight-level mixed-use development comprising of two basement car parking levels, a ground floor café and 18 two bedroom residential apartments at 14 (Lot 8) Prowse Street, West Perth. The proposed development includes the following: Lower Basement Level This level consists of ten car parking bays, residential

store rooms, a pump room, water tanks lift and stair access.

Upper Basement Level This level contains ten car parking bays, residential store rooms, bin store areas, lift and stair access.

Ground Floor The ground floor includes a café with a double volume alfresco area fronting Prowse Street, residential lobby and common residents lounge, with kitchenette and bathroom, vehicular access to the basement levels, water feature and planter boxes.

First floor Consists of two, two-bedroom apartments, lift lobby area, lift, stairs and roof garden.

Second to Fifth Floor Each levels contains three, two-bedroom apartments each with a terrace, lift and lift lobby and stairs.

Sixth and Seventh Floors Consists of two, two-bedroom apartments with balconies, roof garden, lift and lift lobby and stairs.

The proposed building will be constructed of concrete panels with glass curtain walls, stainless steel clad columns, feature screens with laser cut sun shades, raked timber lined eaves and glass balustrades to balconies.


Land Use The subject site is located in the Office / Residential use area of the West Perth Precinct (P10) under City Planning Scheme No. 2. The Statement of Intent for the precinct states that the area will provide for a range of office and residential activities together with restaurants (including cafes) and other uses which serve the immediate needs of the work force and residents. ‘Dining’ and ‘Residential’ uses are ‘Preferred’ (‘P’) uses in the Office / Residential use area of the West Perth Precinct.



Development Requirements Buildings within the Office/Residential use area shall be set in landscaped surrounds to create an open spacious character quite distinct from the continuous built edge of the primary office district in the city centre. Buildings shall be well set back from boundaries and evoke a sense of prestige, which should be further enhanced by permanent, in ground landscaping. The proposal’s compliance with the City Planning Scheme No. 2 development requirements is summarised below for the proposed site:

Development Standard Proposed Required /Permitted Maximum Plot Ratio: 1.74:1 (1,128m2) 2.0:1.0 (1,290m²)

Building Height: 26.2 metres 29 metres (maximum)

Setbacks: Prowse Street (South) - Ground Floor Level - 1st Floor Level - 2nd to 5th Floor Level - 6th to 7th Floor Level Side (East) - Ground Floor Level

- 1st to 7th Floor Level

Side (West) - Ground to 7th Floor

Level

1.3 metres to stairwell, 4.5 metres

to building

1.3 metres to stairwell, 4.2 metres

to building

3.1 metres

4.2 metres

Stepped design with a minimum of 1.2

metres to maximum 3 metres

Stepped design with

a minimum 0.6 metres to maximum

3 metres

1.3 metres to stairwell, maximum

3 metres to remainder of building





4 metres (minimum)

4 metres (minimum)




Development Standard Proposed Required /Permitted

Rear (North) - Ground Floor Level

- 1st to 7th Floor Level

3.7 metres

1.2 metres

3 metres (minimum)

3 metres (minimum)

Car Parking: - Commercial

- Residential

2 bays

18 bays

13 bays (maximum)

18 bays (minimum), 36 bays (maximum)

Bicycle Parking: Nil 6 bays (minimum)

Landscaping: 17% (111.8m²)

25% of the site area (161.25m²)

Variations to the setback, bicycle parking and landscaping provisions applicable to the development can be granted by an absolute majority decision of Council, in accordance with Clause 47 of the City Planning Scheme and provided Council is satisfied that: ’47(3)(d)(i) if approval were to be granted, the development would be consistent with:


(ii) the non-compliance would not have any undue adverse effect on:

(A) the occupiers or users of the development; (B) the property in, or the inhabitants of, the locality; or (C) the likely future development of the locality’.

COMMENTS: Consultation The application was advertised to surrounding land owners for comment for a period of 14 days due to the proposed variations to the setback and landscaping requirements of the City Planning Scheme No. 2. No submissions were received during this period.



Design Advisory Committee The application was referred to the Design Advisory Committee (DAC) at its meeting held on 23 October 2014 for comment in regards to the design of the proposed mixed-use development. The Committee advised that it: “1. considers the design solution to be a successful and elegant response on a

difficult site;

2. considers that the design and form of the north east elevation should be continued for the rest of the building to assist simplifying the form;

3. considers the palette of materials, and the frontage specifically the fire control room, be further reviewed in consultation with the City Architect;

4. is supportive of the street elevation allowing the views through with the finish to the lobby soffit assisting however questioning the framing element;

5. notes the landscaping to the front, side and rear being well below the requirement and therefore considers this to be further considered in consultation with the City Architect with specific opportunities available on the park and the northern edges; and

6. considers the wall to the park being a significant aspect of the north elevation requiring careful treatment together with the rear stair and secure access to the park. This aspect is to be reviewed in consultation with the City Architect.”

The applicant has provided a written response to the DAC’s comments and advised where amendments in accordance with the Committee’s recommendations have been made. In response to item two, the applicant has advised that the design has been amended to introduce more design elements to the north-east portion of the building and particularly the western elevation. The extent of the curtain wall glazing has been increased and laser cut decorative screens provided as sun shading elements to western facing windows. The applicant has been advised that due to the heat loading on the western façade and noise generated from Thomas Street, they are hesitant to provide any additional glazing to the western façade. In respect to item three, the palette of materials has been further developed in terms of aesthetics and durability of finishes with further details of the proposed materials and colours being developed in the design development phase of the project. Further details regarding colours and materials will be required as a condition of approval. The built form of the fire pump access stairs to the south eastern corner of the site has been modified by terracing the walls back to incorporate additional planters. This will aid in softening the bulk of the stair enclosure from Prowse Street. In response to item four, the laser cut screens to the entry façade have been removed to expose the double volume space and lobby soffit as suggested by the



DAC. The framing element will be treated in a cladding material that will understate its presence. The number of landscaping planters has been substantially increased which has been reflected in the amended plans. The rear wall facing Totterdell Park has been cut back to enable a terraced planter effect, and the staircase balustrade modified to increase visual permeability whilst maintaining security. It is considered that the applicant has successfully addressed each of the comments and recommendations of the DAC through amending the design of the building and provided adequate justification for each of the items raised by DAC. Building Design and Streetscape Presentation The proposed building is well designed given the irregularity of the site. The range of building materials and finishes will add interest to the elevations and break up the perceived bulk of the development. Final details of the proposed materials and finishes including the design of the sun shades should be requested as a condition of any approval. Setbacks A number of variations are being sought to the setback provisions of City Planning Scheme No 2. The ground floor of the building maintains a 4.5 metre setback to the Prowse Street boundary, with the exception of the stairwell to the basement which protrudes into the front setback, being 1.3 metres from the boundary. The upper floors of the development also propose minor variations to the 4.5 metre setback requirement with the frame element and balconies encroaching into the front setback from the second to fifth floor levels. The building generally complies with the setback requirements for the ground floor level, reflecting the Statement of Intent for the West Perth Precinct for new development to be set in a spacious and landscaped surround. The reduced setback to the stairwell has been minimised through terracing the front wall of the stairs with additional landscaping to soften the appearance of the structure from Prowse Street. Large planter boxes have been designed to accommodate mature trees through the design of the lower basement levels. It is considered that the proposed setback variations to the Prowse Street boundary will not impact on the amenity and character of the streetscape or the Precinct and will be consistent with the setbacks of recent nearby developments in Prowse Street. Due to the irregular shape of the subject lot, variations to the side and rear setbacks of the development are also being sought. A minimum side setback of 600mm is proposed to the eastern lot boundary with varying setbacks proposed along the length and height of the building. A minimum 1.3 metre setback is also proposed to the western lot boundary. The development has been designed to ensure all residential balconies and bedroom windows do not overlook adjoining properties or other apartments within the development, whilst also ensuring access to natural light and ventilation. The number of north facing balconies has also been maximised.



Given the proposed development does not pose any overlooking issues whilst maintaining light and ventilation to residential apartments and that no objections were received, the proposal is considered to be consistent with the City’s Building Height and Setbacks Policy 4.5 and is therefore supported. A variation to the northern lot boundary, adjacent to the park is also being sought. A 1.2 metre setback is proposed to a common residents lounge area to the rear of the development. A staircase is proposed to provide residents direct access to the park. The residents lounge area located adjacent to the park will encourage passive surveillance of the area and enhance interaction with the adjoining park. The irregularity of the site presents a number of design constraints however, the proposed design is considered to reduce the perceived mass and bulk of the building. It is considered that the proposed development maintains an acceptable setback to the boundaries and can be supported in accordance with Clause 47 of the City Planning Scheme No. 2. Landscaping A variation is proposed to the landscaping requirement of City Planning Scheme No. 2. A total of 111.8m² (17%) of soft landscaping is proposed whilst total of 161.25m² (25%) is required. The proposed location of the landscaping is considered appropriate and consistent with the Statement of Intent for the Office / Residential use area of the West Perth Precinct. The addition of planter boxes which allow for in ground planting along Prowse Street and the establishment of some mature trees is considered favourable. Landscaping has been incorporated within the side setback areas as requested by the Design Advisory Committee. Given the site’s location adjoining Totterdell Park, the irregular shape of the site and general compliance with the front setback provision, the proposed landscaping can be supported. Any approval should be conditioned to require the submission of a detailed landscaping and reticulation plan. Bicycle Parking Policy 5.4 ‘Bicycle Parking and End of Journey Facilities’, aims to ensure the provision of adequate bicycle parking facilities in new developments. The proposed development requires a minimum of six bicycle bays. No bicycle parking facilities have been indicated within the proposed development, however it is considered that there is adequate area within the basement levels to accommodate bicycle parking facilities. It is considered that any approval should be made subject to a condition require the development to comply with the requirements of this policy. Conclusion The proposed development will contribute to the residential and commercial activities in the West Perth Precinct. Although there are a number of setback variations and a variation to the landscaping provisions, the proposal generally satisfies the design intent for the West Perth Precinct and is considered to be an appropriate design solution for this triangular shaped lot. It is considered that the development will not


M:\COUNCIL MINUTES 2014-15\MN141209.DOCX

have an adverse impact on the streetscape or on the amenity of the locality. Having regard to the above, it is recommended that the proposal be supported subject to relevant conditions. Moved by Cr Butler, seconded by Cr Harley That, in accordance with the provisions of City Planning Scheme No. 2 and the Metropolitan Region Scheme, Council APPROVES BY AN ABSOLUTE MAJORITY the application for demolition of existing structure and the construction of an eight level mixed-use development containing 18 residential apartments, a café and 20 car parking bays at 14 (Lot 8) Prowse Street, West Perth, as detailed on the Metropolitan Region Scheme Form One dated 18 September 2014, and as shown on the plans received 13 November 20141 subject to: 1. final details and a sample board of the materials, colours and

finishes for the proposed building, including proposed sun-shading being submitted and approved prior to the submission of an application for a building permit;

2. a detailed landscaping and reticulation plan, demonstrating the use of mature species that are suitable in low light or shaded areas, to create an established landscaped presentation to Prowse Street and to Totterdell Park, being submitted and approved prior to the submission of an application for a building permit, with the approved landscaping being installed prior to the occupation of the building and thereafter maintained to a high standard;

3. a maximum of 20 car parking bays being provided on-site, comprised of two tenant bays and 18 residential car bays with all bays being for the exclusive use of tenants or occupants of the development and not being leased or otherwise reserved for use of tenants or occupants of other buildings or sites;

4. a minimum of one car bay being allocated to each multiple dwelling within the development;

5. the dimensions of all car parking bays, aisle widths and circulation areas complying with the Australian Standard AS/NZS 2890.1/2004;

6. the existing vehicle crossover not required to provide access to this development being removed and the verge areas being reinstated by the developer to the City’s specifications and at the owner’s expense prior to occupation of the building; (Cont’d)

1 Administrative error amended 25 September 2014 amended to read ’13 November 2014’



7. the proposed vehicle and pedestrian entries and forecourt levels being consistent with the existing footpath levels with final details of the existing and proposed levels being submitted and approved prior to the submission of an application for a building permit;

8. a minimum of six secure bicycle parking bays being provided within

the development in accordance with the requirements of the City Planning Scheme No. 2 Policy 5.4 Bicycle Parking and End of Journey Facilities, with details of the design and location of these facilities being submitted and approved prior to the submission of an application for a building permit;

9. air conditioning condensers not being permitted on residential balconies where they affect the use or enjoyment of the balcony or can be viewed from the street and any proposed external building plant, lift overruns, piping, ducting, water tanks, transformers, and fire booster cabinets being located so as to minimise any visual and noise impact on the adjacent developments and being screened from view of the street, including any such plant or services located within the vehicle entrance of the development, with details of the location and screening of such plant and services being submitted and approved prior to applying for a building permit;

10. any signage for the proposed ground floor café being designed as an integral part of the development with details of all signage being subject to a separate application for approval;

11. the submission of a construction management plan for the proposal detailing how it is proposed to manage:

11.1 delivery of materials and equipment to the site; 11.2 storage of materials and equipment on the site; 11.3 parking arrangements for contractors and subcontractors; 11.4 the impact on traffic movement; 11.5 other matters likely to impact on the surrounding properties;

and 11.6 protection of the adjoining Totterdell Park from any potential

damage. The motion was put and carried by an absolute majority





532/14 16-18 (LOTS 40 AND 41) VENTNOR AVENUE, WEST PERTH – PROPOSED MIXED-USE DEVELOPMENT COMPRISING OFFICES, 12 MULTIPLE DWELLINGS AND 47 CAR PARKING BAYS

BACKGROUND:

SUBURB/LOCATION: 16 - 18 Ventnor Avenue, West Perth FILE REFERENCE: 2014/5295 REPORTING OFFICER: Tegan Jeans, Planning Officer RESPONSIBLE DIRECTOR: Martin Mileham - Director City Planning and

Development DATE: 14 November 2014 MAP / SCHEDULE: Schedule 7 – Map and coloured perspectives for

16-18 Ventnor Avenue, West Perth Schedule 8 – 3D Snapshots

LANDOWNER: Modern Scaffold WA Pty Ltd APPLICANT: Seacrest Homes ZONING: (MRS Zone) Urban (City Planning Scheme Precinct) West Perth (P10)

(City Planning Scheme Use Area) Office/Residential

APPROXIMATE COST: $7.8 million At the Planning Committee meeting held on 2 December 2014 the Committee agreed to amend the Officer Recommendation by including an additional part 19 as follows: “19. the roof being redesigned to better integrate the service penetrations through

the roof into the overall design of the building and final roof designs being submitted to the City for approval prior applying of a building licence.”

Reason: The Planning Committee believed that the roof should be redesigned to

allow for better integration of service penetrations through the roof into the overall design of the building.

SITE HISTORY:

The site comprises two lots with a total area of 1,199m², a total frontage to Ventnor Avenue of 32 metres and a right-of-way to the rear. The lots are currently vacant with



some excavation preparing for construction having taken place. The surrounding area is characterised by a mix of residential and office uses including a six storey office building immediately to the south and a seven storey mixed use (office/residential) building immediately to the north. An application for the construction of an eight storey residential building comprising 32 multiple dwellings and 51 car parking bays was approved by Council at its meeting held on 13 September 2005 which did not proceed. At its meeting held on 27 January 2009, Council approved a seven level mixed-use development comprising offices, 12 multiple dwellings and 59 car parking bays. This approval included the transfer of 479.6m2 of plot ratio to 16-18 Ventnor Avenue from 76 Wittenoom Street, East Perth, (the heritage listed former East Perth Primary School). The transfer plot ratio has since been formally transferred to the development site and a building licence for the development was issued on 27 January 2012. The development has not progressed beyond the basement excavation. The development proposed in this application is very similar to that previously approved with only minor modifications made following the detailed construction development phase.

DETAILS:

Approval is sought to construct a seven level mixed-use development containing 12 multiple dwellings, seven office tenancies and 47 car parking bays. The development will be constructed using a mix of contrasting coloured concrete panelling, projecting vertical and horizontal design elements with extensive glazed areas proposed for the front facade of the building. The proposal includes variations to the building setback and landscaping requirements. Details of the proposed development are as follows: Basement Level 2 23 car parking bays, a change room, residential and

commercial foyers water tanks, and a pump room.

Basement Level 1 16 car parking bays, a change room, residential and commercial foyers water tanks, and a pump room

Ground Floor Level 8 Car parking bays, 1 ACROD bay, electrical substation, bin store , communications switch, the vehicle entry/exit from the rear right-of way, separate commercial and residential entry foyers and a commercial tenancy fronting Ventnor Avenue.

First to Third Floor Level

Two commercial tenancies per floor each with their own kitchen areas, shared toilet facilities accessible off the lobby.

Fourth to Sixth Floor Level

Each level contains four two-bedroom dwellings, with large balconies and external store rooms.




Land Use The subject property is located within the Office / Residential Use Area of the West Perth Precinct (P10) under the City Planning Scheme No. 2. The precinct provides for a wide range of office and residential activities. Under the Use Group Table for the West Perth Precinct residential and offices are both preferred (‘P’) uses. It is considered that the proposed mixed-use development is appropriate for the subject site having regard to the surrounding locality and the intent for the Precinct. No specific use is indicated for the ground floor tenancy but this can be addressed with a condition of any approval. Development Requirements It is envisaged that this Precinct will continue to develop as a living and working environment set in spacious landscaped surrounds, reflecting the original concept for this area of a garden office / residential district. The amenity, character and general environmental quality of the Precinct should be maintained and enhanced. Buildings shall be well set back from boundaries and evoke a sense of prestige. Ensuring the compatibility of commercial and residential uses is necessary and building design is required to avoid conflict between the two uses. As part of the previous application approved in 2009, a transfer 479.6m2 of unused plot ratio floor area from 76 (Lot 5) Wittenoom Street, East Perth, to 16-18 (Lots 40 and 41) Ventnor Avenue, West Perth, occurred. This transfer was finalised however, the development application approval has since lapsed. As such the site is capable of accommodating a maximum plot ratio of 2.4:1, or an additional 20% of plot ratio above the allowable 2.0:1 plot ratio applicable to development under the Scheme. The proposal has been assessed against the City Planning Scheme No. 2 requirements and the proposal’s compliance with the following development standards is summarised below:

Development Standard Proposed Required / Permitted Maximum Plot Ratio: - Non-Residential - Total

1.53:1 (1,829m2)

2.4:1 (2,878m2) including 479.6m2 of transferred plot ratio

1.33:1 (1,595m²)

2.0:1 (2,398m2)

Car Parking: - Residential

24 bays, 3 Visitor bays

12 bays (minimum) 24 bays (maximum)



Development Standard Proposed Required / Permitted - Commercial 20 bays 29 bays (maximum)

Building Height: 28.5m 29 metres

Setbacks: Front - 1st storey - 2nd – 3rd storey - 5th - 7th storey Side (South) - 1st storey - 2nd – 3rd storey - 5th – 7th storey

Side (North) - 1st storey - 2nd – 3rd storey - 5th – 7th storey Rear - 1st storey

Nil to canopy 4.7 metres to piers

7.5 metres to building

4.0 metres to fins 4.5 metres to building

4.0 metres to fins

5.0 metres to balconies

7 metres to building


2.8 metres to fin


3.3 metres to

balconies 4.3 metres to building

Nil to ramp 7.8 metres to building

2.5 metres to fin


2.9 metres to

balconies 4 metres to building

1.0 metres to

building

4.5 metres

4 metres

4 metres

3 metres



Development Standard Proposed Required / Permitted - 2nd – 3rd storey - 4th storey - 5th – 7th storey

2.6 metres to fin


2.6 metres to balconies


3 metres

Landscaping: 20% (242m2) 25% (300m2)

Variations to the plot ratio, setback and landscaping applicable to the development can be granted by an absolute majority decision of Council, in accordance with Clause 47 of the City Planning Scheme and provided Council is satisfied that: ‘47(3)(d)(i) if approval were to be granted, the development would be consistent with:


(ii) the non-compliance would not have any undue adverse effect on:

(A) the occupiers or users of the development; (B) the property in, or the inhabitants of, the locality; or (C) the likely future development of the locality’.

COMMENTS: Consultation The application was advertised to the owners of adjacent properties for a period of 14 days, due to the non-compliance with plot ratio, setback and landscaping provisions as prescribed by the City Planning Scheme No. 2. Two submissions were received and the following issues have been raised: The variations to the minimum setbacks would be inappropriate and would

adversely affect the existing streetscape; The landscaping of the development should not be different to the existing

pattern in the street; A request that access be via the rear of the property so as to not detract from

the street; and The variations being sought to the minimum setback and landscaping

requirements, and the maximum plot ratio would markedly detract from the attractive layout of the buildings and landscaping that contribute to the beauty of West Perth, and make it a unique inner city suburb. This development would become a prominent eyesore.



In response to this submission the applicants have stated that: The proposed setback variations are mainly to the side and rear of the property

and as such would have little impact on the streetscape; It is acknowledged that a 5% shortfall of on-site landscaping (for a total of

242m²) is proposed. Whilst the proposed landscaping does not comply with the Scheme provisions the applicants have maximised the soft landscaping provided in the street setback area and the development is likely to contribute positively to the desired character of a ‘green’ streetscape within West Perth;

All vehicle access for the proposed development will be via the right-of-way to the rear of the property; and

The comment relating to the impact on the character of West Perth has been noted and addressed in the comments relating to setbacks and landscaping.

Development Standards Setbacks The three metre wide entrance canopy as well as the architectural fins project into the front (street) setback area. The fins are considered to be minor and will add articulation and interest to the front elevation of the building. The fins will not significantly add to the bulk of the building, and are considered to be appropriate in the context of the streetscape. Given the proposed nil setback, the three metre wide entrance canopy is considered to have a significant impact on the streetscape of the building and should be removed or modified to be more in keeping with the 4.5 metre setback requirement of the City’s Planning Scheme No 2. A condition of approval is recommended to be imposed on the approval requiring as much. The extent of variations to the setback provisions in relation to both side boundaries is similar. The variations occur at all levels of the building. They are the result of the design of the architectural fins and open balconies which are again considered to add articulation and interest to the building and do not contribute significantly to its bulk. They are also not likely to have any significant adverse impact on adjoining properties. The office / residential building to the north will not be affected by overshadowing. It also has limited openings in its southern elevation with the closest dwellings primarily oriented to the west and east. The building to the south is an office building which will not be affected by privacy issues and the additional overshadowing generated by the setback variations will have limited impact. With respect to the proposed rear setbacks the impact of the variations are reduced by the location of the right-of-way to the rear and as a consequence they are not likely to have a significant impact on the adjoining properties. Having regard for the above, with the exception of the proposed canopy, it is considered that the setback variations can be supported in accordance with Clause 47 of the City Planning Scheme No. 2.



Landscaping and Treatment of Front Setback A 5% shortfall of on-site landscaping (for a total of 20% being 242m²) is proposed. Whilst the proposed landscaping does not comply with the 25% required under the Scheme provisions the applicants have maximised the soft landscaping provided in the street setback area and the development is likely to contribute positively to the desired character of a ‘green’ streetscape within West Perth. The proposed basement level one projects slightly above the footpath level on Ventnor Avenue due to the slope of the land. The roof of the basement has been sloped to minimise the impact of the protrusion in consultation with the City providing stepped landscaping to achieve a sufficient soil depth to support plant life and disguise the basement. It is considered that the stepped landscaping will not have a negative impact on the streetscape and that it is preferable in comparison to car parking being provided above ground level as proposed in many other recent developments. The stepped retaining walls within the front setback area will comprise of with shrubs and grass and including alcove seating. The retaining walls are generally low with some of the rear walls to a maximum height of 1.5 metres above footpath level. While generally walls within the front setback area in West Perth are limited to a height of 500mm, due to the slope of the site, the applicants have argued that this cannot be achieved. In this instance it is considered that the variation can be supported as the walls will be softened by planting and are not inappropriate in the context of the streetscape which currently includes a number of properties with walls greater than 500mm in height. It is noted that the previous approval for the site proposed walls of a similar height. Conclusion The proposed development’s bulk and scale is compatible with the surrounding development and the variations proposed to the prescribed development standards are unlikely to have an adverse impact on the amenity of the locality. The proposed development is considered to be consistent with the intended character and intent for the locality. It is therefore recommended that the application be approved subject to appropriate conditions. Moved by Cr Butler, seconded by Cr Harley That, in accordance with the provisions of the City Planning Scheme No. 2 and the Metropolitan Region Scheme, Council APPROVES BY AN ABSOLUTE MAJORITY an application for a mixed-use development comprising offices, 12 multiple dwellings and 47 car parking bays at 16-18 (Lots 40 and 41) Ventnor Avenue, West Perth, as detailed on the Metropolitan Region Scheme Form One dated 15 September 2014, and as shown on the plans received on 18 September 2014 subject to:

(Cont’d)



1. the total development not exceeding a plot ratio of 2.4:1 or 2,878m² of plot ratio floor space including 479.6m2 of plot ratio floor area transferred from 76 Wittenoom Street, East Perth;

2. a detailed landscaping and reticulation plan being submitted and

approved prior to applying for a building permit, with the approved landscaping being installed prior to the occupation of the building and thereafter maintained to a high standard;

3. air conditioning condensers not being permitted on residential

balconies where they affect the use or enjoyment of the balcony or can be viewed from the street and any proposed external building plant, lift overruns, piping, ducting, water tanks, transformers, and fire booster cabinets being located so as to minimise any visual and noise impact on the adjacent developments and being screened from view of the street, including any such plant or services located within the vehicle entrance of the development, with details of the location and screening of such plant and services being submitted and approved prior to applying for a building permit;

4. signage for the commercial tenancies being an integral part of the building design and scale with details of all signage being the subject of a separate application for approval;

5. the proposed development being designed and constructed in such

a manner so that existing and possible future noise levels associated with traffic impacts and the surrounding commercial uses, in addition to noise generated from within the development, that could potentially affect future residents, can be successfully attenuated. Details of such noise attenuation measures shall be prepared by a qualified acoustic consultant and be submitted for approval prior to the submission of an application for the relevant building permit and may include (but not be limited to) the following:

5.1 installation of double glazing or heavyweight single glazing

of a minimum thickness of 10mm on windows and glass doors to bedrooms and living areas;

5.2 acoustic insulation in external walls, non-glazed doors and roofs;

5.3 the construction of shared walls, ceilings and floors between dwellings and between residential and non-residential units, in such a way which minimises the transmission of noise;

(Cont’d)



5.4 acoustically insulated ducting in ducted air-conditioning; and 5.5 screen and locate noisy mechanical plant, such as air

conditioners, away from bedrooms and quiet living areas; 6. the use of the tenancy 1 being subject to a separate application for

approval. All other commercial tenancies being used as ‘office’ unless otherwise approved by the City;

7. the dimensions of all car parking bays, aisle widths and circulation

areas complying with the Australian Standard AS/NZS 2890.1/2004; 8. a maximum of 47 car parking bays being provided on site,

comprising 20 commercial tenant bays, three residential visitor bays and 24 residential car bays with a minimum of one car bay being allocated to each multiple dwelling within the development, with these bays being for the exclusive use of tenants or occupants of the development and their guests/customers and not being leased or otherwise reserved for use of the tenants or occupants of other buildings or sites;

9. a Parking Management Plan, identifying ACROD and other Special

Purpose bays and bicycle parking facilities, and outlining the management strategies proposed for the on-site residential and commercial parking, being submitted and approved prior to the occupation of the development;

10. a schedule and sample board of the materials, colours and finishes

for the proposed building, specifically addressing the energy efficiency rating of the glazing to the commercial levels of the building, being submitted and approved prior to applying for a building permit;

11. the ground level, side walls and ceiling to vehicle entrances and

exits up to the entry doors / gates being finished to the same quality of the building street front elevation / lobby area, with the final design details being submitted and approved prior to applying for a building permit;

12. the subject lots being amalgamated into one lot on one Certificate of

Title;

(Cont’d)



13. in the event of the development not proceeding within six months of the demolition of the existing buildings on the site, the site is to be landscaped in order to preserve the amenity of the area and to prevent dust and sand being blown from the site and maintained in a clean and tidy state;

14. a Waste Management Plan, identifying a permanent storage and

wash down facility for bins for both recyclables and general waste and including a waste disposal/collection strategy demonstrating how these facilities will be serviced by the City, being submitted and approved prior to applying for a building permit;

15. the proposed levels of the pedestrian and vehicle entrances to the

building being designed to match the current levels of the adjacent footpaths, to the City’s satisfaction with details being submitted prior to applying for a building permit;

16. details of on-site stormwater disposal/management being to the

City’s specifications and being submitted to the City for approval prior to applying for a building permit;

17. the proposed awning being removed or modified to be set back in

accordance with the City’s Scheme requirements in consultation with the City and to the City’s satisfaction;

18. the submission of a construction management plan for the proposal

detailing how it is proposed to manage:

18.1 delivery of materials and equipment to the site; 18.2 storage of materials and equipment on the site; 18.3 parking arrangements for contractors and subcontractors; 18.4 any obstruction of the right-of-way and proposed

arrangements to provide alternative parking for and/or access to adjoining properties; and

18.5 other matters likely to impact on the surrounding properties; 19. the roof being redesigned to better integrate the service

penetrations through the roof into the overall design of the building and final roof designs being submitted to the City for approval prior to applying for a building licence.

The motion was put and carried by an absolute majority





533/14 OASIS BALL – LANGLEY PARK EAST

BACKGROUND:

FILE REFERENCE: P1007793-17 REPORTING OFFICER: Ashlee Buck, Technical Officer RESPONSIBLE DIRECTOR: Martin Mileham, City Planning and Development DATE: 24 November 2014 MAP / SCHEDULE: N/A At the Planning Committee meeting held on 2 December 2014 the Committee agreed to amend part 5 of the Officer Recommendation as follows: “5. providing management plans to adequately address Risk, Noise (and including

the location and direction of the sound equipment), Parking, Security and Disability Access and Inclusion, to the satisfaction of the City, one month prior to the event;”

Reason: The Planning Committee raised concerns regarding the impact the sound

equipment may have on residents in the vicinity of Langley Park during the event.

The Oasis Ball is the WA advertising industry’s biggest night of the year and since the first Oasis Ball in 1996, it has raised nearly two million dollars for Crossroads West, the Salvation Army’s program for youth at risk. The ball is industry exclusive with an anticipated attendance of 800 people. The Oasis Ball celebrates the advertising, media and communications industry and individuals who have excelled for the year. It also raises money for The Oasis Project, a special program run by the Salvation Army for young people whose home lives are severely disrupted by their parents or guardians’ alcohol and drug addiction, physical abuse or abandonment. The focus of the Oasis project is Oasis House in Mirrabooka, but funds raised support a range of initiatives aimed at giving young people a safe and stable environment in the first instance, then helping them make the transition to independent living. Sponsors of the event are across every media agency with major sponsors being Nine Entertainment, Adshel and Evoke Media. Supporting sponsors include Channel 10 and The Sunday Times.



A memo to the Chief Executive Officer was prepared on 24 September 2014, requesting support for a 2.00am finish on Saturday, 14 March 2015. It was suggested that a report be presented to council for a final decision. Prior to the Oasis Ball being presented to Council, the event organiser requested a meeting with the Director City Services. The meeting was held on 4 November 2014 where the event and measures proposed to reduce noise impact on nearby residents was discussed. On 14 November 2014, following the meeting, a letter was sent to the Director City Services outlining the discussions of the meeting, with the proposed measures to be included in the requirements of the Regulation 18 noise approval issued by the Chief Executive Officer.

LEGISLATION / STRATEGIC PLAN / POLICY:

Legislation Building Act 2011 Environmental Protection (Noise) Regulations 1997 Health Act 1911 Food Act 2008 Health (Public Buildings) Regulations 1992 Clause 8 of the City of Perth Local Government Property Local Law 2005

Integrated Planning and Reporting Framework Implications

Corporate Business Plan Council Four Year Priorities: Perth as a capital city S5 Increased place activation and use of under-

utilised space. 5.2 Contribute to and facilitate the activation and use

of vacant private and public space.

DETAILS:

An application has been received from Heyder and Shears to conduct the annual Oasis Ball on the eastern portion of Langley Park from 6.00pm on Friday, 13 March 2015 until 2.00am Saturday, 14 March 2015. The Oasis Ball is an exclusive black tie event, held within an enclosed Big Top circus tent. The evening will consist of a sit down dinner, speeches, awards, auctions, live music and entertainers. The anticipated event running times are as follows: 6.30pm Pre-Function Commences 7.00pm Doors Open 7.20pm Opening / Welcome 7.30pm Entrée served 7.45pm Speeches / The Campaign Brief Awards 8.20pm Main Course served 9.00pm Live Auction 9.45pm Dessert served 10.30pm The Campaign Brief Awards



11.00pm Closing Speeches and Entertainment – Circus Performers and Dancers 11.30pm Band / DJ (Sound to be monitored) 1.45am Last Drinks 2.00am Function concludes For the last 19 years, the Oasis Ball has traditionally finished at 2.00am. This finish time allows for networking after the formal presentations, giving an opportunity for important members of the advertising industry and the heads of media agencies time to congratulate award winners. Significant fundraising activity also occurs between 12.00am and 2.00am, which during this time, raises up to $30,000 for the Salvation Army. The event organisers have emphasised the significance of the event concluding at 2.00am, suggesting an earlier finish time may be detrimental to the event.

FINANCIAL IMPLICATIONS:

INCOME: ACCOUNT NO: CL11A800006523 BUDGET ITEM: Recreation and Culture – Other Recreation and

Sport BUDGET PAGE NUMBER: 3 BUDGETED AMOUNT: $296,000 AMOUNT RECEIVED TO DATE: $ 79,271 ACTUAL INCOME: $ 1,454 All figures quoted in this report are exclusive of GST.

COMMENTS:

Impact on Residents In 2013, several residents of the adjacent apartments raised concerns regarding the noise generated by Cirque du Soleil which was located on the same portion of Langley Park as this proposed event for a period of two months. The west and middle sections of Langley Park are booked throughout March 2015 for various sporting activities. As such, there is no flexibility to relocate the event site away from the eastern portion of the reserve and these apartments. The Cirque du Soleil event ran for two months and required loud music to complement the show. The same music was played throughout each performance which finished at 10.30pm. With this event however, it is anticipated that there should be minimal disruption to residents, as the event organisers are positioning the event site as close to Riverside Drive as possible, and the event only runs for one night, within an enclosed circus tent. Furthermore, strict noise management conditions will be placed on the event, detailed below.



Results of Recent Community Noise Survey (TRIM ref P207299/14) In March 2014, the City of Perth commissioned Patterson Research Group, as an independent research consultancy to complete a community noise survey among residents in the eastern precinct of the city, including Victoria Park with regards to open air events in Langley Park and Ozone Reserve. The City has undertaken a Community Noise Survey every three to five years since 2005. The purpose of this survey is to assist the CEO in determining what constitutes an acceptable number of non-conforming events to be held on each reserve/event space. Once an acceptable number of non-conforming events for each reserve has been determined, an Events Policy will be developed by Environmental Health Services in conjunction with relevant Units. A report will be submitted to future Council meeting. The results for Langley Park are detailed below:

Acceptable number of events Percentage Up to 3 91% Up to 4 81% Up to 5 63%

6 or more 53% The Oasis Ball, occurring on a Friday night and concluding early Saturday morning, will be the first non-conforming event to be held on Langley Park since the Eastern Precinct Resident Survey was carried out. The survey results indicate that the most preferred evening for concerts was Saturday night (94%) followed by Friday night (89%). The survey also confirmed that finish times later than 10pm are generally acceptable for Friday and Saturday nights, however, only 17% of respondents indicated that they would be accepting of event finish times after 1.00am. While the majority of residents in the locality might not support the proposed 2am finish for this event, it is noted that it differs from an open air concert whereby the guests and entertainment will be enclosed within the 'big top' circus tent and only 800 guests are anticipated to attend. Measures for reducing noise impacts are discussed in the following section of this report. Environmental Protection (Noise) Regulations 1997 The event organisers are proposing to use an independently controlled sound system for the event which will consist of two parts; The main PA for the awards and live entertainment until midnight which will consist of an array speakers, designed to evenly distribute sound to all tables within the enclosed circus tent and;



The dance floor system, consisting of two zones: Zone one consists of four speakers directed towards the dance floor, with

patrons on the dance floor absorbing the majority of the sound; and Zone two which consists of two speakers only again directed sound towards the

dance floor. Zone two gives the event organisers the ability to further reduce the dance floor system output if required.

In addition the sound equipment used for the event will be directed away from residents and will not incorporate subwoofers which will limit the low frequency noise emission (bass).

The event will require approval as a non-conforming event under the Environmental Protection (Nosie) Regulations 1997. The organisers will be required to submit a noise management plan detailing: Predicted noise levels and noise modelling; Venue layout; Details of how the applicant proposes to manage noise emissions (addressed); Complaint response strategies; Details of the types of speakers to be used (addressed); List of performances and screenings; Requirement for noise level limits to be monitored by an independent acoustic

consultant; and To further reduce disturbance to nearby residents, bus drop off and pick up for

all patrons attending the event will be available and will be located on Plain Street. Egress will be managed by licensed security directing patrons away from residents.

Health (Public Building) Regulations 1992 The applicant will be required to submit a Form 1 ‘Application to construct, extend or alter a public building’ in accordance with the Health Act 1911 and comply with any other requirements of the Health Act 1911, Food Act 2008 and Health (Public Building) Regulations 1992 Public health, safety and security of patrons will be addressed in the Public Health and Safety Approval.

Conclusion

The Oasis Ball can be managed to reduce any potential noise impact to nearby City residents through the Regulation 18 noise approval. The event will promote the City of Perth’s foreshore and Langley Park to WA’s advertising industry, while raising significant funds for Crossroads West.



Moved by Cr Davidson , seconded by Cr Butler That Council approves the Oasis Ball by Heyder and Shears on Langley Park East, from 6.00pm Friday, 13 March until 2.00am Saturday, 14 March 2015, subject to the applicant: 1. indemnifying the City against any claim arising from the event and

the applicant’s use of Langley Park and holding a Public Liability Insurance Policy with a limit of indemnity of $10,000,000;

2. paying the required reserve hire fee, Public Building fee, Regulation 18 application fee and associated noise monitoring costs and a $5,000 damages bond;

3. covering all costs associated with the event including City supervision and services, cleaning and repairing any damage to Langley Park resulting from the event and any other costs identified in the management plans to mitigate any risks;

4. complying with the relevant requirements of Part 6 of the Health Act 1911, Food Act 2008 and the Health (Public Buildings) Regulations 1992;

5. providing management plans to adequately address Risk, Noise (and including the location and direction of the sound equipment), Parking, Security and Disability Access and Inclusion to the satisfaction of the City, one month prior to the event;

6. providing written notification of the event and any noise related issues to the surrounding commercial and residential premises, to the satisfaction of the City, at least seven days prior to the event;

7. seeking approval for a liquor licence from the Department of Racing, Gaming and Liquor; and

8. submitting a Certificate of Design Compliance and a Certificate of Construction Compliance for any structures greater than 500m2 in accordance with the Building Act 2011.

The motion was put and carried The votes were recorded as follows: For: The Lord Mayor, Crs Adamos, Butler, Chen, Davidson, Harley,




Meeting Note: Council agreed that a more advanced written notification of the event was deemed appropriate. The City will consult with the event organisers Heyder and Shears to ensure that surrounding commercial and residential premises are advised at least 21 days prior to the event.

534/14 PROPOSED INCLUSION OF PROPERTY AT 8 WALKER AVENUE, WEST PERTH, IN THE CITY PLANNING SCHEME NO. 2 REGISTER OF PLACES OF CULTURAL HERITAGE SIGNIFICANCE

BACKGROUND:

FILE REFERENCE: P1023113 REPORTING OFFICER: Sheree Morrison, Heritage Officer RESPONSIBLE DIRECTOR: Martin Mileham, Director City Planning and Development DATE: 5 November 2014 MAP / SCHEDULE: Schedule 9 – Map and External Photographs

Schedule 10 – City Heritage Place Assessment and supporting historical information (from owner) Confidential Schedule 11 – Internal Photographs – Distributed to Elected Members under separate cover

The Committee recommendation to the Council for this report was resolved by the Planning Committee at its meeting held on 2 December 2014. The Committee recommendation to the Council is the same as that recommended by the Officers. The property at 8 Walker Avenue, West Perth, contains a single storey residential face brick and stone building constructed c.1905 in the Federation Queen Anne architectural style (refer Schedule 9). The landowner nominated the place for inclusion in the City Planning Scheme No. 2 (CPS2 Register of Places of Cultural Heritage Significance). In response to this request the City prepared a heritage assessment of the place in accordance with the State Planning Policy 3.5 Historic Heritage Conservation. The assessment found that the place has multiple heritage values and therefore meets the threshold for inclusion in the CPS2 Heritage Register. The nomination and heritage assessment were presented to Council at its meeting held on 28 October 2014. Council resolved to state its intention to declare the place to be of cultural heritage significance. Despite the owner being the nominee, in accordance with the CPS2 requirements, the owner has been given 14 days to make a written submission to Council about the proposed declaration.



In response to the request for a submission the owner has advised the City in writing that he is aware of the implications of heritage listing and remains supportive of the proposal.


Legislation Planning and Development Act 2005 (WA) State Planning Policy 3.5 Historic Heritage Conservation Town Planning Regulations 1967 Heritage of Western Australia Act 1990 City Planning Scheme No. 2


Corporate Business Plan Council Four Year Priorities: Healthy and Active in Perth S15 Reflect and celebrate the diversity of Perth. 15.3 Review and further develop the City’s approach to

the conservation, management and celebration of its cultural heritage.

Policy Policy No and Name: City Planning Scheme No. 2 Policy 4.11 – Heritage

DETAILS:

In accordance with State Planning Policy 3.5 Historic Heritage Conservation, local governments should identify places of local significance in accordance with the assessment criteria publicised by the Heritage Council. As noted above, the City’s heritage assessment (refer Schedule 10) was undertaken in accordance with the State Heritage Office’s Criteria for the Assessment of Local Heritage Places and Areas. This document states that a place will be of significance to the locality if it meets one or more of the criteria. The assessment of 8 Walker Avenue, West Perth, against the criteria is outlined below: Aesthetic Value The place is of aesthetic significance as a good example of a single storey

residential building constructed in 1905 in the Federation Queen Anne architectural style.

The place is of aesthetic significance as an example of a residential building

dating from the early Twentieth Century. Historic Value The place is of historic significance because it reflects residential occupation in

West Perth in the early Twentieth Century.



Research Value The place demonstrates trade skills that were common practice at the time of

construction. For example, hand drawn glass was a method developed in the early 1860s to produce cylinder glass more quickly and more easily.

Rarity The place is rare as a substantially intact early Twentieth Century stone

Federation Queen Anne residential building. Further research is required to determine if there are any other similar buildings

in Perth. It is however understood that the place is the only single storey stone residential building in the City of its period, and is one of only three other similar buildings in the broader Perth Metropolitan Region. This is due to the rare stone construction, which reflects a regional variation to the architectural style.

Representativeness The place is a representative example of a residential stone building in Perth

dating from the early Twentieth Century. The assessment also determined that the place is in good condition and has high integrity and authenticity. For historical notes and full description refer to Schedule 10. In accordance with CPS2, the owner was informed of the proposal to enter their property into the Scheme Register, provided with details of the proposal (including the heritage assessment) and given 14 days to make a submission. As noted above, the owner has advised the City in writing that he is aware of the implications of heritage listing and remains supportive of the proposal.


If the place is included in the CPS2 Heritage Register the owner of the property will be eligible to apply for heritage grants, heritage awards, heritage rate concession and transfer plot ratio.

COMMENTS:

Clause 30(1) of the CPS2 enables Council to resolve to declare a place to be significant and worthy of conservation. Clause 30(2) requires that Council record any places declared under Clause 30 in a register of places of cultural heritage significance. Clause 30(4) enables Council to amend or revoke any declarations made under Clause 30. In response to the owner of 8 Walker Avenue, West Perth, requesting that the property be heritage listed, the City undertook a heritage assessment which revealed



that the place has multiple heritage values. For this reason it is recommended that the place is included in the CPS2 Heritage Register. If included in the CPS2 Heritage Register the place will be subject to the benefits and controls of the various heritage polices in the CPS2, and the owner will be eligible to apply for the heritage program incentives noted above. It is likely that retention and conservation of the place will be required as part of any future development application. The owner is aware of the implications of heritage listing and is supportive of the proposed registration. Moved by Cr Butler, seconded by Cr McEvoy That Council: 1. in accordance with Clause 30 of the City Planning Scheme No. 2:

1.1 notes that no submissions were received in response to the

proposal to declare 8 Walker Avenue, West Perth, to be of cultural heritage significance and worthy of conservation;

1.2 declares No. 8 Walker Avenue, West Perth, to be of cultural

heritage significance and worthy of conservation; 1.3 gives notice of the above declaration to the owner of the

place, the State Heritage Office and the Western Australian Planning Commission;

2. in accordance with Clause 32 of the City Planning Scheme No. 2

records 8 Walker Avenue, West Perth, in the City Planning Scheme No. 2 Register of Places of Cultural Heritage Significance.





535/14 PROPOSED INTERIM HERITAGE REGISTRATION OF P3550 CO-OPERATIVE BULK HANDLING (FMR) BUILDING AT 22 DELHI STREET, WEST PERTH, IN THE STATE HERITAGE REGISTER

BACKGROUND:

FILE REFERENCE: P123002313 REPORTING OFFICER: Noel Robertson, Principal Heritage Officer RESPONSIBLE DIRECTOR: Martin Mileham, Director City Planning and

Development DATE: 19 November 2014 MAP / SCHEDULE: Schedule 12 – State Heritage Office Assessment

Schedule 13 – City of Perth Assessment The Committee recommendation to the Council for this report was resolved by the Planning Committee at its meeting held on 2 December 2014. The Committee recommendation to the Council is the same as that recommended by the Officers. The State Heritage Office (SHO) has written to the City seeking its comments on the proposed interim registration on the State Heritage Register of 22 Delhi Street, West Perth. The Heritage Council has resolved that the subject property is of cultural heritage significance in terms of the Heritage of Western Australia Act 1990, and is seeking a written submission from the City on this proposal given that the subject property falls within the City’s boundaries. A copy of the assessment and the location of the building attached as Schedule 12. At its meeting on 29 January 2008, Council resolved that all nominations for properties to be included in the Heritage Council’s Register of Heritage Places are to be referred to the Council for consideration. The SHO has also invited Council to nominate a person to attend the meeting at which interim entry on the State Heritage Register will be considered. At its meeting held on 22 October 2013, Council resolved that Councillor Adamos be the nominated representative at all Heritage Council Register Committee meetings. Council, at its meeting held on 5 August 2009, resolved under Clause 30 of the City Planning Scheme No 2 (CPS2) to declare the Co-operative Bulk Handling Building located at 22 Delhi Street, West Perth, to be significant and worthy of conservation and included in the Heritage Register. A copy of the assessment attached as Schedule 13. The Owners for the Co-operative Bulk Handling Building have lodged a Development Application with the City of Perth seeking a bonus of 444m2 or 15.9% increase for



conservation works to the building. The plot ratio is to be used to develop two new levels on top of the building. If the Heritage Council decides that a place is of State significance, a recommendation is made to the Minister for Heritage, who will make the final decision on whether the place is entered in the State Register. The Minister will assess all submissions in determining if the place should be interim listed.


Legislation Part 5 of the Heritage Act of Western Australia 1990 Clause 30 of the City Planning Scheme No. 2




DETAILS:

The Co-operative Bulk Handling Building (fmr) located in West Perth (1968) is a six storey office building constructed in the Late Twentieth Century International style. As noted above, the property is currently included in the CPS2 Heritage Register (2009) and is also classified by the National Trust (1993). The SHO has now prepared assessment documentation for the Heritage Council’s consideration (refer Schedule 12). The assessment documentation includes the following Statement of Significance: “The place is an excellent example of a purpose built office building designed in the Late Twentieth-Century International style, the exterior envelope treatment being rare in Western Australia, and displays the influence of Le Corbusier and Niemeyer; The place is connected with the history of grain production in Western Australia, as it was purpose built for and occupied by Co-operative Bulk Holding Ltd from 1968 to 2003; The place was designed by prominent architectural firm Summerhayes and Associates; and The place is a rare example of highly regarded Late Twentieth – Century International style building in Western Australia.” The assessment documentation provided by the SHO (refer Schedule 12) identified that the place has a number of unique values. These values are outlined below and expanded in full in Schedule 12:



Aesthetic, Historic, Scientific; and Social value.

In addition to the above values the assessment examined the degree of significance and these are outlined below: Rarity

The place’s exhibition of Le Corbusier inspired external treatment; As an example of Late Twentieth – Century International style building being

only two currently on the State Heritage Register; and The Caretakers flat on the roof demonstrates a way of life no longer practiced in

the metropolitan area.

Representativeness The building is representative of a Late Twentieth Century International style

building in Western Australia.

Condition The building is in very good condition with the caretakers flat being in fair

condition having been unused for a period of time and not being maintained.

Integrity The building has medium integrity. The original intent is mostly readable,

current use compatible and the values of the place are likely to be sustained. The changes that have occurred are not easily reversible though the caretakers flat has a high degree of integrity although it has not been maintained.

Authenticity The building has a medium level of authenticity as the internal fabric has

predominately been replaced. The external fabric, overall form of the building and the caretakers flat and basement are largely original.

It is noted that a minimum of one value is required to meet the threshold for entry into the State Register. It is not known if the owner supports interim registration onto the State Register.




Given that the property is already included in the CPS2 Heritage Register it is already eligible to apply for the City’s Heritage Incentives therefore there are no financial implications associated with this report.

COMMENTS:

Council has previously acknowledged the significance of the place at a local level by way of including it in the CPS2 Heritage Register in 2009. The owners of the building are utilising its heritage significance to apply for bonus plot ratio (444m2) for conservation works. The City is not sure if the owners support State Heritage Registration. The SHO assessment documentation for the property demonstrates that the place has significance at a State level even though the building has been modified internally (like Council House) and Officers support its inclusion onto the interim heritage register. Moved by Cr Butler, seconded by Cr Yong That Council advises the Heritage Council of Western Australia that it supports the interim registration onto the State Register of Heritage Places of the Co-operative Bulk Handling Building located at 22 Delhi Street, West Perth. The motion was put and carried The votes were recorded as follows: For: The Lord Mayor, Crs Adamos, Butler, Chen, Davidson, Harley,




536/14 HERITAGE RATE CONCESSION APPLICATION – SWAN BREWERY, 171 MOUNTS BAY ROAD, PERTH

BACKGROUND:

FILE REFERENCE: P1028425 REPORTING OFFICER: Sheree Morrison, Heritage Officer RESPONSIBLE DIRECTOR: Martin Mileham, Director City Planning and Development DATE: 19 November 2014 MAP / SCHEDULE: Schedule 14 – Maintenance Agreement

Schedule 15 – Supporting Economic Documents The Committee recommendation to the Council for this report was resolved by the Planning Committee at its meeting held on 2 December 2014. The Committee recommendation to the Council is the same as that recommended by the Officers. A component of the City’s Heritage Incentive Program is Heritage Rate Concession (HRC). HRC offers owners of places listed in the City Planning Scheme No. 2 Register of Places of Cultural Heritage Significance (CPS2 Heritage Register) a discount on rates in exchange for an agreement to undertake proper care and maintenance of their property. This is in recognition of the potential for unduly higher costs associated with maintaining a heritage building. At its meeting held on 3 April 2007, Council resolved to allow a refund on rates for heritage listed buildings, and adopted criterion for assessing applications. An application for Heritage Rate Concession (HRC) for the heritage listed Old Swan Brewery site was approved in 2008. In accordance with the adopted criterion the application expired after six years on 30 June 2014. At its meeting held on 26 June 2012, Council adopted the HRC Policy 9.2 which consolidated Council’s previous decisions regarding HRC including amendments made to the criteria by Council at its meeting held on 13 March 2012. The new Policy made two significance changes outlined below: 1. the HRC was no longer available to owners bound by a Heritage Agreement

where an incentive or bonus has been granted by the Council and / or where the Agreement commits the owner to the ongoing care and maintenance of the heritage building; and

2. for strata complexes where the original heritage floor space is less than 50% of

the total development’s floor space Council may approve an application if it considers that strata fees are unduly high because of the cost of maintaining the heritage building.

On 15 May 2014 a new HRC application for the Old Swan Brewery site was not approved by Officers in accordance with Clause 3.1 of the HRC Policy which deemed



the site ineligible given that the owner is bound by a Heritage Agreement that commits the owner to the on-going care and maintenance of the heritage building. A copy of the maintenance agreement which sets out the maintenance requirements of the Heritage Agreement for the property is detailed in Schedule 14. The applicant has requested that Council reconsider the City’s position to not approve the application. The applicant is of the view that, whilst the place is bound by a Heritage Agreement and not eligible under Clause 3.1, Clauses 4 and 5 of the Policy provide an opportunity to consider the application eligible. The applicant has been invited to demonstrate the statement that residents are required to contribute to very high maintenance costs due to the heritage nature of the property. Specifically, Officers requested that the applicant provide costs of the works affecting heritage fabric. Economic justification provided by the applicant detailed in Schedule 15. Given that the request to reconsider the City’s decision requires a variation to a Council Policy, Council is required to consider the applicant’s submission and determine the matter.


Legislation Part 5 of the Heritage Act of Western Australia 1990 Clause 30 of the City Planning Scheme No. 2




Policy Policy No and Name: 9.2 Heritage Rate Concession Clause 3.1 Ineligibility

The Heritage Rate Concession will not be provided if the owner is bound by a Heritage Agreement where an incentive or bonus has been granted by the Council and / or where the Agreement commits the owner to the on-going care and maintenance of the heritage building. Clause 4 Specific Provision for Strata complexes Specific Provision for Strata Complexes: For strata units in complexes where the original heritage floor space comprises less than 50% of the total development’s floor space the Council may approve a concession if it considers that strata fees are unduly high because of the cost of maintaining heritage fabric.



Clause 5.1 Condition of Funding The applicant must sign and adhere to an agreement to maintain their property to a standard defined by the City, prior to the granting of a Heritage Rate Concession.

DETAILS:

A previous application for the HRC for the Old Swan Brewery site was approved in 2008 and expired on 30 June 2014. A new application dated 15 May 2014 was not approved by Officers in accordance with Clause 3.1 of the HRC Policy 9.2 given that the owner is bound by a Heritage Agreement which commits the owner to the on-going care and maintenance of the place. Whilst no incentive or bonus has been granted by the City, the Heritage Agreement was entered into on 19 January 1993 by the then Lessee of the site with the Heritage Council as a condition of the Brewery Lease. The Agreement committed the Lessee to the conservation, restoration and on-going maintenance of the place (refer Schedule 14). On 29 September 2006 the current lessee entered into the Heritage Agreement Deed of Covenant as the new Lessee which required compliance with the terms of the original Heritage Agreement. It is noted that the property is held under Ground Lease from the Crown with the State Government as the Lessor. Applicant Submission The applicant has raised a number of points to be considered by Council as part of a request to reconsider the Officers advice that the application cannot be approved in accordance with Clause 3.1 (given that the owner is bound by a Heritage Agreement). In summary, the applicant’s submission raises the following points: With reference to Clause 3.1 of the HRC Policy, the concession should be

provided to assist owners where there is already an agreement which requires a property to be maintained to a high standard;

With reference to Clause 4 of the HRC Policy, the site is managed in a similar

way to a strata complex and unit residents are required to contribute to very high maintenance costs due to the heritage nature of the property;

With reference to Clause 5 of the HRC Policy, the site has a similar agreement

already in place. Each unit resident attracts a charge per square metre and the residents are

required to contribute to very high maintenance costs due to the heritage nature



of the property. The total residential expenditure for 2013/14 is estimated to be $93,200 and equating to $13.49 per square metre.

Lessee intends to undertake remediation works to the adjacent escarpment and

plant and equipment replacement of air conditioning chiller in the 2014/15 financial year.

Supporting economic justification provided by the lessee is detailed in Schedule 15. Officer Assessment against Heritage Rate Concession 9.2 Clause 3.1 – Heritage Agreements As noted above, the applicant is bound by a Heritage Agreement and therefore not eligible for the concession under Clause 3.1. Despite not having received an incentive or bonus from the City, the Lessee entered into the voluntary Heritage Agreement as a condition of the long term lease to ensure significance fabric is retained, conserved and maintained (including painting) in accordance with the executed Agreement. Clause 4 – For strata complexes with less than 50% heritage floor space This Clause does not apply to the site given that the heritage floor space at the Old Swan Brewery site comprises 65% of the total development floor space. Economic justification is only required where the heritage floor space is less than 50% of the total development’s floor space. Clause 5.1 – Maintenance Agreement Clause 5.1 is a condition of funding from the City of Perth to ensure that recipients of the HRC maintain the heritage property to a high standard. This clause applies to eligible applicants and not a duplication of the Heritage Agreement. Economic Justification The applicant states that the residential portion is carrying 58% of the total repairs and maintenance costs which is high due to the requirement to undertake the works prescribed in the maintenance agreement (refer Schedule 14). The distribution of costs within the Strata complex is not an issue dealt with through the HRC Policy however, the total expenditure on heritage maintenance over what might be fair and reasonable is discretionary The supporting documents provided by the applicant demonstrate that the proposed total expenditure on the complex for maintenance in the 2013/2014 budget is $160,247 of which $89,200 has been allocated to a painting program.



The supporting documents also included a painting contract dated 4 August 2008 and an acceptance of a contract with Perrott Painting for a 7 year contract, subject to rise and fall, for $57,843 per annum. The Heritage Agreement specifically requires the lessee to undertake the following painting maintenance: Every three years touch up decayed paintwork; Every six years:

paint external steelwork; Paint metal window frames; and Paint external timberwork;

Every ten years paint external walls and render.

It should be noted that the Lessee voluntarily entered into the Heritage Agreement (which lasts until 2057) as a condition of leasing the property from the Government and undertaking the subsequent development of the site. The maintenance agreement ensures that the heritage fabric is maintained to the prescribed standard and is as agreed to by the all parties of the Heritage Agreement. The Lessee also states that they intend to undertake remediation works to the adjacent escarpment and plant and equipment replacement of air conditioning chiller in the 2014/15 financial year. These works however are not specifically heritage related. Further Information As a result of preparing this report it has come to the attention of Officers that the report that was presented to Council at its meeting held on 13 March 2012 (which informed the preparation of the Policy) was unclear in relation to Heritage Agreements. The intent discussed the broad concept of Heritage Agreements, noting that they are contracts intended to ensure the long-term conservation of a heritage place. In this regard it is noted that the City has at times entered into Agreements as a result of the Council granting transfer or bonus plot ratio. The rationale being that it is not considered appropriate to offer the HRC where an owner has already received a benefit from the City. The relevant Policy Clause however, not only restricts owners of a Heritage Agreement where an incentive or bonus has been granted by the City, it also restricts all owners subject to a Heritage Agreement where the Agreement commits the owner to the on-going care and maintenance of the place. The assumed rationale being that an owner voluntarily enters into the Agreement as a condition of a financial benefit to ensure the long-term conservation and



maintenance of a place. Financial benefits received may include development and long term lease as the case for the old Swan Brewery, or revaluation of state tax such as the Commonwealth Bank. Whilst the Old Swan Brewery site has not received an incentive or bonus from the City, the Heritage Agreement commits the owner to the on-going care and maintenance of the significant fabric. It was voluntarily entered into as a condition of the lease of the site until 2057, and the associated development. The current lessees are aware of the Heritage Agreement given the memorial on title which would have been identified through due diligence.


To date the Old Swan Brewery Site has received a total of $94,690 over the last six years in rate concession, as detailed below:

08/09 09/10 10/11 11/12 12/13 13/14 -$14,950 -$15,322 -$16,318 -$15,109 -$16,017 -$16,974

The 2014/15 HRC for the Old Swan Brewery is valued at $-19,130. If approved, the current application would be valid until 30 June 2017. The total concession received would be approximately $152,000. If the Old Swan Brewery application is approved on the basis that the property has received no development incentive from the City, yet is subject to a Heritage Agreement, other previously refused applications would need to be reconsidered on the same basis. Since adoption of the Policy in 2012, Officers have advised approximately 17 owners that they are not eligible to receive the concession given that they are bound by a Heritage Agreement despite not having received a development incentive from the City. Approving these applications would affect eight applications from 1 July 2012, and nine applications from 1 July 2014. These applications would all be valid until 30 June 2017. Based on initial calculations this could result in concessions being granted to the value of approximately $300,000. It is also noted that some affected applicants form strata complexes and so all eligible applicants under this criteria, despite not having applied, should also be contacted.

COMMENTS:

A new application for the Old Swan Brewery site was not approved by Officers in accordance with Clause 3.1 of the HRC Policy 9.2 given that the owner is bound by a Heritage Agreement. The applicant has requested reconsideration of this advice. Given that the request requires variation to a Council Policy, Officers of the City of Perth cannot determine the matter. It should be noted that the application does not accord with the Policy in accordance with Clause 3.1 given that there is a Heritage Agreement. Whilst no incentive was



provided by the City the Lessee did voluntarily enter into the Heritage Agreement with the State Government as the owner of the land as a condition of the lease until 2057. Regarding Clause 4 the Administration notes that this does not apply given that the heritage floor space is more than 50% of the total development’s floor space. It is also noted that the maintenance agreement required under Clause 5 is a condition for funding for eligible applicants and not relevant to eligibility criteria. The objective of the HRC policy is to assist owners of heritage buildings to maintain their buildings. The applicant does not adequately demonstrate that there are undue fees associated with on-going cost of maintaining the heritage fabric. In addition, the Heritage Agreement, which was entered into originally by the lessee as a condition of the lease, and subsequently transferred to the new lessee, specifically details maintenance works that are required to be undertaken. As outlined in the body of this report, it has come to the attention of Officers that there needs to be further clarity between the intent of HRC Policy as presented to the Council at its meeting held on 13 March 2012 and the Heritage Rate Concession Policy 9.2 adopted by Council at its meeting held on 26 June 2012. Specifically, there needs to be greater clarity in relation to Heritage Agreements. This matter will be addressed in due course and a further report presented to Council. Moved by Cr Butler, seconded by Cr Harley That Council refuses the application for Heritage Rate Concession for the Old Swan Brewery, 171 Mount Street, Perth, for the following reasons: 1. in accordance with Clause 3.1 of the Heritage Rate Concession

Policy 9.2, the application is deemed ineligible given that the owner is bound by a Heritage Agreement that commits the owner to the on-going care and maintenance of the heritage building;

2. it has not been adequately demonstrated that the costs associated with maintaining the building are unduly high due to the heritage nature of the property.





537/14 JAMES AND LAKE STREETS, NORTHBRIDGE – PRIVATE PROPERTY IMPROVEMENTS

BACKGROUND:

FILE REFERENCE: P1027675 REPORTING OFFICER: Samantha Jones, Assistant Economic Development

Officer RESPONSIBLE DIRECTOR: Martin Mileham, Director City Planning and Development DATE: 20 November 2014 MAP / SCHEDULE: Schedule 16 – Central Institute of Technology Property

Design Program Schedule 17 – Proposed exemptions to Policy 6.19 –

Matched Funding Business Grants Schedule 18 – James and Lake Street Photo Montage

The Committee recommendation to the Council for this report was resolved by the Planning Committee at its meeting held on 2 December 2014. The Committee recommendation to the Council is the same as that recommended by the Officers. Following a request at the Works and Urban Development Committee meeting held on 14 January 2014 to investigate a suitable approach to the improvement of the James and Lake Street streetscapes, an audit of the private buildings and their interface with the public space was conducted. The purpose of the audit was to understand the existing conditions and evaluate the mechanisms through which the street amenity and activation can be enhanced. This report addresses the results of the audit and the identified opportunity to improve private properties, and their interface with the public space, on James and Lake Streets in Northbridge through engaging recent graduates of the Central Institute of Technology (CIT) “What If Northbridge” project. This approach demonstrates the City’s continued commitment to providing employment pathways in Perth’s creative industries. The proposed program will leverage the City’s established relationship with CIT, existing grants processes, and potential future streetscape enhancements, to obtain tangible improvements to private properties through the redesign of building elements including fire escapes, awnings, signage, windows, entrances and alfresco areas.


Legislation Section 2.7(2)(b) of the Local Government Act 1995




Corporate Business Plan Council Four Year Priorities: Perth as a capital city S5 S7

Increased place activation and use of underutilised space. Collaborate with private sector to leverage city enhancements.

5.2

Contribute to and facilitate the activation and use of vacant private and public space.

Policy Policy No and Name: 2.3 – Graffiti Treatment

6.18 – Small Business Grants 6.19 – Matched Funding Business Grants 14.4 – Alfresco Dining 2000

DETAILS:

James and Lake Streets James Street is the key east west route through the centre of the Northbridge precinct, possessing distinctive main street characteristics with a diverse business offering for both night and day time economies (e.g. retail, banking, hospitality, and entertainment venues). Lake Street forms the main north and south axis through the centre of the precinct and will become a major entry point to the precinct via its connection with King Street within the development of the Perth City Link. Historically, Lake Street is a culturally rich street with a mix of multi-generational Northbridge businesses (e.g. Torre Butchers, The Re Store, Corica Pastries and Romany Restaurant). The focus area of this report is James Street between Lake Street and William Street, and Lake Street between Roe Street and Aberdeen Street (refer Figure 1 below and Schedule 18). This area was defined at the Works and Urban Development Committee held on 14 January 2014.

Figure 1: James and Lake Street Focus Area



Streetscape Audit Officers have undertaken a land use and dilapidation audit of the study area to identify the private building issues inhibiting the aesthetics of the streetscape and to inform the consideration of the City’s options for improvement. The streetscape audit of James and Lake Streets highlighted 158 dilapidation issues, primarily relating to cleanliness, paint and material finishes, graffiti, visible air conditioners and signage (refer Figure 2 below).

Figure 2: Identified Dilapidation Issues

Land Use Audit The land use audit has noted the following mix of uses at street level as defined in the City Planning Scheme No. 2 (refer Figure 3).

Figure 3: Ground Floor Uses



Ground Floor Activation A major component of the City’s built form philosophy involves enriching the urban fabric through the activation of the interface between the buildings and the public space. This assists in improving passive surveillance, the perception of safety and promotes a sense of community and vibrancy in the public space. In the audit undertaken of James and Lake Streets, more than half of the properties were given a ground floor activation rating of ‘Average’ (refer Figure 4). This evidences the importance of implementing a program to address dilapidation issues in the project area.

Figure 4: Ground Floor Activation

Proposed ‘CIT Property Design Program’ Background Through engagement with the Business Improvement Group Northbridge (BIG N), officers have identified reluctance from businesses and property owners to improve their properties due to a perception that the process is too arduous. Over the last three years, the City has built a strong relationship with CIT through the “What If Northbridge” project, providing real life work experience to student designers. The need for a sustainable approach to the improvement of private properties on James and Lake Streets has identified the opportunity to extend the “What If” program to graduate designers seeking employment. Program Concept The program is intended to provide industry pathways within the creative sector for graduating CIT design students, while also resulting in a tangible improvement to the appearance of private properties in the focus area. Recent CIT design graduates will form a not-for-profit organisation (a design collective) which, in partnership with CIT, will be contracted to work with businesses providing a design concept suitable for a City of Perth planning application. CIT



lecturers will take the role of project leaders and mentors for the graduate collective, providing experienced industry level support and guidance throughout the program. The design collective will be provided with ten private property snapshots identified as target sites in the streetscape audit. Early discussions have estimated a cost of $10,000 to the collective for the delivery of the designs. Officers note that not all property owners or businesses will consent to involvement in the program and therefore some properties, although identified as target sites based on the audit, will not be included in the final selection of properties. The project brief will emphasise the need for an improved interface with the street and will be required to incorporate elements including fire escapes, awnings, signage, windows, entrances and alfresco areas. The collective will liaise with the business or property owner to attain an optimum design suiting all stakeholders. All final design submissions and any work undertaken will require the approval of the relevant property owner. Additionally, the project brief will identify the City’s past and present informing strategies and other City initiatives (e.g. Northbridge History Project and City of Perth Urban Forest Strategy development) that can be utilised in the design process. To attain tangible improvements to the private properties of James and Lake Streets, the City will contribute a grant of up to $5,000 to businesses on a matched dollar-for-dollar basis to implement the approved design. Refer to Schedule 16 – CIT Property Design Program Process Guide for an outline of the Program process. Grant Acquittal Process It is recommended that the Council approve an exemption to Policy 6.19 – Matched Funding Business Grants to allow for the administration of the grants for this project. A rewrite of the Policy seeking an amendment to allow the distribution of funds in this instance would be time consuming and resource intensive, and is therefore not practical due to the need for results and time constraints linked to the financial year budget. Although the process would operate in a similar fashion to the Policy, certain eligibility requirements, such as demonstrated lease agreement terms and business plans, are not considered necessary given that the City will be targeting specific businesses rather than undertaking an application process, and that long-term physical improvements will be made to the properties. The objective of improving the streetscape is therefore still achieved regardless of whether the applicant business retains the lease at the premises in the long-term. Prior to the property being finalised for the program, it is intended that businesses occupying the target properties will be approached to enter into an agreement with the City of Perth. The agreement will outline the business’ commitment to



implementing the final design developed by the collective and the City’s commitment to contributing to the works through a matched funding grant of up to $5,000. The acquittal process will operate as per Policy 6.19 – Matched Funding Business Grants which requires businesses to provide evidence of works undertaken and proof of payment in the form of invoices and receipts. Evidence that the business has at least matched City’s financial contribution will also be required. Timeframe A timeframe of six weeks will be given to the collective to undertake the designs. The City will seek two progress updates from the collective at the three and five week marks and will also be available to provide any guidance to the collective as required throughout the process. The program, including development of design concepts and completion of works, will be undertaken between January and June 2015. It is the City’s intention that the project will be finalised prior to the end of the 2014/15 financial year and officers will work to meet this deadline. As the project is reliant on external partners, flexibility will be offered where possible to accommodate final acquittals.

City of Perth Funding Allocation Breakdown Recipient Amount Purpose

Design collective $10,000 Provision of ten design concepts and DA submissions for selected properties

James and Lake Street business owners

$50,000 (10x $5,000 matched funding grants)

To contribute towards the implementation of approved design concepts


ACCOUNT NO: CL736000 BUDGET ITEM: Town Planning and Regional Development

Other Town Planning BUDGET PAGE NUMBER: 9 BUDGETED AMOUNT: $315,824 This component is $99,500 AMOUNT SPENT TO DATE: $ 51,069 This component is $ 2,955 PROPOSED COST: $ 60,000 BALANCE: $204,755 All figures quoted in this report are exclusive of GST and are currently budgeted in the 2014/15 Budget.

COMMENTS:

Providing industry pathways for the creative sector in the precinct is a strategic economic driver for Northbridge.The Northbridge Action Plan Review



recommendations highlighted the need to continue to create partnerships with CIT to support the growth of the creative industries within Northbridge. The ability to provide opportunities for growth to this industry within Northbridge, whilst also facilitating regeneration of the historic building stock, is a significant positive for the precinct. The perceived process delays which provide rationale for the lack of private property improvements by businesses will be removed as the design collective guide the businesses or owners of the target sites through a planning approval process. The project will result in tangible improvements to private properties of James and Lake Streets in Northbridge, resulting in an improved interface with the public space. The proposed program offers the City an opportunity to contribute to tangible improvements to the amenity of James and Lake Streets while taking on minimal risks. The City’s role in the program is that of a facilitator, undertaking administrative procedures with limited liability implications. Additionally, the program itself is low risk, with the designs developed by the collective contributing purely to aesthetic and safety enhancements on private property with no significant structural work involved. The grants will be provided only for completed works based on an already operational reimbursement process (Policy 6.19 – Matched Funding Business Grants), limiting any financial risk to the City. Moved by Cr Butler, seconded by Cr Harley That Council: 1. approves the development of the ‘Central Institute of Technology

Property Design Program’, as detailed Schedule 16, as a suitable approach for the City to actively target the improvement of private properties in James and Lake Streets, Northbridge;

2. notes that the properties recommended as the target sites for the

project will be selected based upon an audit undertaken of private buildings and their current interface with the public space;

3. approves a temporary exemption to Policy 6.19 – Matched Funding

Business Grants, as detailed in Schedule 17, to allow for the effective distribution of proposed grant funding to contribute to building improvement works associated with the CIT Property Design Program; and

4. supports the use of targeted measures including formal negotiation,

incentives and compliance activities, to contribute further to the improvement of private properties in the remaining project area.

The motion was put and carried




Limnios, McEvoy and Yong Against: Nil 6.29pm The Lord Mayor previously disclosed a Proximity Interest in Items

538/14 and 539/14 (detailed at Item 524/14) and departed the meeting. The Deputy Lord Mayor, Cr Butler assumed the Chair.

Motion to change the order of business Moved by Cr McEvoy, seconded by Cr Harley That Council resolves that the order of business detailed in the agenda be amended to enable Agenda Item 19 (minute number 539/14) to be dealt with following Agenda Item 10 (minute number 538/14). The motion was put and carried The votes were recorded as follows: For: Crs Adamos, Butler, Chen, Davidson, Harley, Limnios, McEvoy and

Yong Against: Nil Reason: The Lord Mayor having previously disclosed proximity interests in

Items 10 and 19 was required to depart the meeting for both Items. Council agreed it was appropriate to deal with Item 19 following Item 10 to minimise disruption to the meeting.



538/14 BARRACK STREET – INTEGRATING PRIVATE INVESTMENT WITH STREETSCAPE WORKS

BACKGROUND: FILE REFERENCE: P1027696 and P1027697 REPORTING OFFICER: Mark Close, Economic Development Officer

Samantha Jones, Assistant Economic Development Officer RESPONSIBLE DIRECTOR: Martin Mileham, Director City Planning and Development DATE: 20 November 2014 MAP / SCHEDULE: Schedule 19 – Draft Improvement Model

Confidential Schedule 20 – Improvement Implementation Staging Strategy Schedule 21 – Trading Hours Data Confidential Schedule 22 – Preliminary Improvement Snapshot Schedule 23 – Pre-Consultation Analysis – Confidential Schedules distributed to Elected Members under Separate Cover

The Committee recommendation to the Council for this report was resolved by the Planning Committee at its meeting held on 2 December 2014. The Committee recommendation to the Council is the same as that recommended by the Officers. Council, at its meeting held on 3 June 2014, resolved to amend the City’s Business Grants policies responsive to the formal review requested by the Planning Committee. The revised policies focus on projects that include building refurbishment, laneway activation, basement activation and business expansion. The review also considered broader changes in the approach to business grants, including targeted grants responsive to the City’s concurrent capital works program. The aim is to engage with businesses and landowners to identify private works that will contribute to significant streetscape improvements. This would leverage and maximise the benefits offered by the City’s committed capital works via a holistic improvement model. This report presents a draft model for a more integrated approach to targeting grants programs and business incentives specifically related to the $5 million Barrack Street Project, commencing early 2015. This is considered very much a trial project that will provide an opportunity for review that in turn will assist in developing an Improvement Model that could be used more extensively in the future. The proposal does not alter existing relevant grants processes and is consistent with the relevant policy framework.




Legislation Section 2.7(2)(b) of the Local Government Act 1995 Integrated Planning and Reporting Framework Implications

Corporate Business Plan Council Four Year Priorities: Perth as a Capital City Living in Perth Perth at Night Capable and responsive organisation S5 5.2 S7 S9 9.3 S13 13.1

Increased place activation and use of under-utilised space. Contribute to and facilitate the activation and use of vacant private and public space. Collaborate with private sector to leverage city enhancements. Promote and facilitate CBD living. Enhance and maintain public spaces and streets to high standards to ensure the city centre is an attractive place for people. Development of a healthy night time economy Investigate ways to expand safe and healthy options for night time activity in Perth City in collaboration with the business community and other stakeholders.

Policy Policy No and Name: 1.2 – Community Consultation

1.3 – Community Participation 2.3 – Graffiti Treatment 6.1 – Heritage Grants 6.18 – Small Business Grants 6.19 – Business Grants – Matched Funding 8.3 – Environment Grants 8.4 – Environment Sponsorship 9.2 – Heritage Rates Concession 9.5 – Sponsorship of City Activities 14.4 – Alfresco Dining 2000 18.8 – Provision of Sponsorships and Donations

DETAILS: Barrack Street Project Barrack Street is geographically located at Perth’s centre, 2.3 kilometres from the central eastern and western municipal boundaries and currently forms the principal (direct) link between the city’s CBD, its foreshore and areas to the north of Perth.



Barrack Street provides a continuous ground level activated connection between the Perth Train Station and the Barrack Street Jetty. This connection intersects important existing and proposed amenity areas such as the Supreme Court Gardens, Elizabeth Quay and links to facilities beyond such as the Cultural Centre, Central Institution of Technology and regionally significant pedestrian share paths. This central spine to the City will be reinforced from a movement network perspective with the diversion of traffic around Elizabeth Quay, from major developments such as the Cathedral and Treasury Precinct and other recent major development approvals on Barrack Street.

Figure 1: Strategic Context The study area of this report is between The Esplanade and Wellington Street incorporating the eastern edge of the City’s retail core, centred on the Murray and Hay Street Malls, and the entirety of the Barrack Street Heritage Conservation Area.

Figure 2: Study Area



The study area includes locations with some of the finest grain of buildings within the CBD, particularly shop fronts at ground level, which provides a great opportunity for intense activity and interest for a vibrant locality. The success of such a space is dependent on both the public and privately owned spaces being collaboratively well planned, activated and maintained. Audit The City has undertaken a land use and audit of the study area to identify the private building issues inhibiting the aesthetics of the streetscape and to inform the consideration of the City’s various grants programs. There are 130 issues to be addressed, principally around tired and neglected buildings, either requiring painting or cleaning, inappropriate / unauthorised signage, visible air conditioners, graffiti, and the like.

Figure 3: Issues The options for addressing these issues are included under a broad synopsis with recommendations under the Improvement Implementation Staging Strategy (refer Confidential Schedule 20). The focus from the outset is always encouragement and community engagement to achieve private building improvements as a starting point, leveraging off the City’s planned capital works. Consideration is also given to appropriate grants and other incentives and as a last resort compliance action where any alleged un-unauthorised and non-compliant development exists.



Land Use Audit An appropriate land use mix will assist in providing a vibrant and safe day and night time economy for the city centre. Discussions with local businesses and the WA Police have indicated much of the antisocial behaviour in the locality is centred around the northern end of Barrack Street associated with particular business mix on offer in that locality. The poor condition of many buildings, associated lower rents and convenient access to local public transport connections are also contributing factors to this concentration. The land use audit has noted the following mix of uses at street level as defined in the City Planning Scheme No. 2.

Figure 4: Ground Floor Uses The 13 percent ‘Vacant’ noted above is a primary and compounding indicator in respect to aesthetic, activation and antisocial considerations. Vacant premises typically suffer accelerated and other antisocial behaviour given the lack of care and maintenance, lack of activation and passive surveillance to the street. Several reasons exist for these vacancies, include a number of proposed redevelopment sites in the planning stage, however business owners have specifically mentioned: 1. A significant loss of trade from falling pedestrian numbers following the removal

of normal bus services and stops from Barrack Street. 2. A rise in anti-social issues including organised and proactive begging and

crime. 3. The reduced attractiveness of the street for inward business investment, noting

the above considerations and general of buildings and canopies.



The 13 percent vacancy is consistent with overall retail vacancy level for the wider City which is concerning given the strategic position of Barrack Street noted above, at the edge of the central CBD malls area. Ground Level Activation A major component of City’s built form philosophy involves enriching the urban fabric through the activation of the interface between the buildings and the public realm. This assists in improving passive surveillance, the perception of safety and promotes a sense of community and vibrancy. Tenancies that generally address, respond to and activate streets, laneways, access ways and public open space is the overall goal. Inactive uses at ground floor level, by building design, inappropriate signage, obstructive window displays or otherwise, particularly along pedestrian routes, are to be avoided.

Figure 5: Ground Floor Activation Assessment

Considering Barrack Street’s overall strategic context, the qualitative assessment of Figure 5 above is particularly concerning with almost half of the tenancy frontage underperforming in terms of street level activation. It is noted that not all business models are suited to activation and this remains both a design and land use issue. Several sites have been identified in the audit whereby simple changes to displays and unauthorised signage can improve their overall contribution to street activation. Antisocial Behaviour There have been extensive efforts on behalf of WA Police, business owners and the City to address the significant antisocial behaviour issues identified in the locality and consistently reported by business proprietors to the City. Statistics from WA Police for 2012-2014 period show a 50 percent rise in dispatched jobs in Barrack Street, with 90 percent of those estimated to be within the subject study area. These figures support the anecdotal experience of City’s administration in



the business support activities and liaison with a general rise in local business concern around antisocial behaviour detrimentally impacting on local businesses. Dispatched jobs are jobs either called in by the general public to Police (on 13144), via the City of Perth surveillance centre or police initiated jobs whilst on patrol. These figures include jobs such as offences against the person (assaults), property offences (stealing or damage) and anti-social behaviour (street drinking etc). Enhancing the Night Time Economy Broadening and developing Perth’s night time economy is a key initiative of the City’s strategic planning framework. Providing safe and healthy options for night time activity in Perth requires collaboration with the business community and other stakeholders. The associated social benefits ensure the city is a more desirable place to live and dwell with improved intensification of activity, perceived safety, passive surveillance of public spaces and overall vibrancy of the area. Base line data, recording business hours of operation, has been collated for comparison post implementation of the model and capital works and is included under Schedule 21. Cultural Heritage The built form in the study area is formally acknowledged as part of the Barrack Street Conservation Area. This collection of buildings from the late nineteenth and early twentieth century presents a highly intact streetscape, representing the development of commerce and trade in the city following the gold boom. Originally subject to a wide range of uses, including professional chambers, pawnbrokers, grocery stores, restaurants, jazz clubs, cinemas and hotels, much of this complexity and variety persists today. The area has associations with people from diverse nationalities and backgrounds reflecting the opportunities for commercial take up by enterprising groups and individuals from the nineteenth to early twentieth centuries. This pattern continues today, particularly in respect to food and beverage as outlined in Table 1 below.

BARRACK STREET TRADERS

SPECIFIC CULTURAL / REGIONAL AFFILIATIONS Number of Tenancies

Cultural / Regional

1 Chinese 5 Corean / Korean 1 Egyptian 1 Indonesian 5 Japanese 1 Japanese / Korean 1 Japanese / Korean / Taiwanese 1 Lebanese 1 Filipino 1 Taiwanese 2 Vietnamese

Table 1 – Barrack Street Traders - Cultural / Regional Affiliations



These figures will be monitored post implementation of the model with the goal to preserve and enhance these options, taking advantage of the strategic opportunities this mix provides. Audit Data – Focus Areas The audit structure allowed key focus areas to be easily identified via clustering of and compliance issues. It is these areas which should be the City’s focus for grants, incentives, compliance. The audit also identified sites where some minor changes to cluttered and non-compliant window signage will add significantly to the visual relationship between the subject tenancies and the street. Preliminary Improvement Snapshot - Options The results of the Delapidation Audit were considered in light of the objective outlined in the Heritage and Business Grants policies and the existing funds available under those programs. In this regard, the overall Preliminary Improvement Shapshot, prior to formal stakeholder consultation and application process, are outlined in Confidential Schedule 22. This snapshot includes use of grants, officer time and other measures pursuant to the three pillars of the Improvement Model in this report outlined under Table 1. These preliminary options only seek the use of the existing committed grants funding programs, albeit focused on one locality. If successfully implemented (in full), it represents a 4.4 percent ($220,500) allocation above the $5 million in funding aready committed for captial works for the study area. This snapshot of grant opportunities and other measures will be subject to formal engagement with stakeholders, a formal application process and consideration in light of the other options for delapidation improvements, including negotiation with landowners, compliance action, as outlined in the Improvement Implementation Straging Strategy (refer Confidential Schedule 20). The principle is to provide incentives for improvement for proactive landowers and tenants to engage in building improvements, noting that, in many cases, the City has legislative options to commence enforcement / compliance action, albeit a last resort. Visioning, Goals and Evaluation Setting some key objectives for Barrack Street should determine a vision for the future. The desired outcomes facilitate strategies, identify actions to be realised and the allocation of resources accordingly. Broadly, the economic development aims applicable to Barrack Street are outlined in the following short and long term aims and objectives: Enhance buildings and shop fronts. Improve safety and security. Deliver a healthy day and night time economy. Increased visitation.



Provide a quality street environment. Reduced vacant shops and provide quality businesses. Increase sales and profitability. Increase employment and job opportunities. Improve property values and investment attraction. Increase tourist and accommodation bookings. Improve public amenities. Deliver benefits for workers, students, commuters and government. Refining these and the overall vision will be subject to formal stakeholder engagement starting with a survey and generating interest in grants and improvements. A pre consultation analysis has been undertaken in advance of formal stakeholder engagement, including draft recommendations / actions, to ensure the City can engage in an informed dialogue (refer Schedule 23). Stakeholder Engagement Engagement, particularly with landowners and tenants is a core City business support function. More broadly the City has been in discussions with owners and tenants in Barrack Street regarding antisocial behaviour, grants and business support. Formal stakeholder engagement will assist in defining the vision, pre consultation analysis, culture, marketing opportunities and the like. Evaluating Performance A sophisticated approach to the City’s capital and grants expenditure, particularly around streetscape improvements, evaluates the aesthetic, social and economic benefits of the investment. It is proposed that officer time be attributed to undertaking a base line and post implementation data assessment around the following measures: Gross leasable area / value. Vacant floor space. Gross Rental Value. Total number of vacant tenancies. Day / Night time economy – opening hours. Land use mix (changes). Ground Floor Activation Assessment. Crime / Antisocial Behaviour data. Maintenance of identified cultural business diversity. Survey of landowners and tenants. Pedestrian count(s).



It is anticipated that these performance measures will evolve as a dynamic model around appropriate major capital works to assess the City’s return on investment in terms of aesthetic, social and economic improvements. It is acknowledged that the capital works alone are likely to stimulate private investment irrespective of the proposed grants and improvements. A Draft Improvement Model The proposed targeted activities for Barrack Street to augment the planned Capital Works, broadly fit within the following draft Improvement Model that takes a holistic approach to integrating private and public investment. There are three proposed pillars to the proposed Improvement Model, as outlined below.

PLACE RESEARCH

COMPETITIVE ADVANTAGE

IMPROVEMENT METHODOLOGY

Economic Environmental Social Cultural Physical Environment

Attributes or combination of attributes may allow a place to outperform its competitors either by cost or a point of differentiation

Having an appropriate governance model for community engagement and capital investment relevant to the place

Table 2: Improvement Model for Economic Development:- Three Pillars Methodology The delivery of an economic development Improvement Model has the potential to target particular and identifiable needs in specific city locations, based on research and community engagement. In such circumstances, the City may consider the potential benefits of aligning the existing incentives and grants programmes with programmed capital works. This proactive approach allows the City to leverage off the committed funds via capital works to encourage concurrent improvements to private buildings that contribute significantly to the streetscape. The first step in delivering this model is to establish base line data and analysis to provide an overall ‘Improvement Snapshot’ and provide a reference to measure performance post implementation. The summary of the model and progress to date is shown in Schedule 19. Should Council consider the project worthy of proceeding, formal stakeholder engagement, visioning, implementation, evaluation and monitoring will form the subsequent stages. The development of the model was grounded in the City’s business support, grants and place activation experience, a review of the relevant literature including the following key documents: An Urban Design Framework: Perth 2029;



Main Street – A Best Practice Guide, Second Edition 2014 (Australian Property Council);

Northbridge Action Plan Review 2010 (Pracsys); and City of Perth Economic Development Strategy 2010-2029.

The potential benefits of integrating capital works and targeted economic development strategies will be further reviewed based on the lessons learned from the Barrack St Project with the view to developing an Improvement Model Policy for future consideration (based on Schedule 19).


The proposed financial measures delivering improvements are included in Confidential Schedule 22 and are for preliminary reference only for the purpose of targeting stakeholder consultation to encourage appropriately aligned grant applications. They are not to be construed as formal support for the said measures or alternative outcomes and will be subject to formal grant application processes. They are hypothetical figures used to project fund allocation for 2015/16 based on the existing 2014/15 budget (grant) allocation.

COMMENTS:

A sophisticated governance model includes close collaboration with the private sector to leverage city enhancement as acknowledged in the City’s Strategic Plan. This approach supports appropriate forward planning of major projects, addresses risk management of committed public funds and maximises the impact of that investment. Barrack Street will provide an opportunity to trial various approaches to better integrate capital works and private sector investments and improvements. It is envisaged that the lessons learned will provide invaluable information to further develop an Improvement Model for the City of Perth. The post implementation assessment of the proposed Barrack Street project will be used to determine if the Improvement Model can be further developed to drive future concurrent public / private improvements. Pending this assessment, the Improvement Model for current public / private improvements will be developed as a Policy for Council’s future consideration.



Moved by Cr Harley, seconded by Cr Davidson That Council:

1. approves a project to target grant opportunities and incentives

detailed in Confidential Schedule 22, concurrent with the City’s capital works in Barrack Street, for the purpose of consultation with stakeholders to deliver physical building and tenancies improvements through formal negotiation, business grants, incentives and compliance activities; and

2. supports the priority Issues and Actions outlined in the

‘Improvement Implementation Staging Strategy’ as detailed in Confidential Schedule 20, as an appropriate program to progress the identified issues in the Barrack Street study area.

The motion was put and carried The votes were recorded as follows: For: Crs Adamos, Butler, Chen, Davidson, Harley, Limnios, McEvoy and

Yong Against: Nil

539/14 FINAL CONCEPT PLAN – BARRACK STREET TWO-WAY CONVERSION AND ENHANCEMENT PROJECT

BACKGROUND:

FILE REFERENCE: P1027553 REPORTING OFFICER: Gillian Rodoreda, Senior Urban Designer RESPONSIBLE DIRECTOR: Martin Mileham, Director City Planning and Development DATE: 10 November 2014 MAP / SCHEDULE: Schedule 34 – Final Concept Plan

Schedule 35 – Detailed road engineering plans Schedule 36 – Community feedback and responses Schedule 37 – Consultation brochure

The Committee recommendation to the Council for this report was resolved by the Works and Urban Development Committee at its meeting held on 25 November 2014.



The Committee recommendation to the Council is the same as that recommended by the Officers. At its meeting held on 16 September 2014, Council approved the draft Concept Plan for Barrack Street and its release for public and stakeholder consultation. This report provides the details of the consultation, and the City’s responses to the comments and issues raised. It also includes information on cost and timing of the construction works.



Corporate Business Plan Council Four Year Priorities: Getting Around Perth S4 Enhanced accessibility in and around the City

including parking IP7/8 IP9 S9

Advocate and work in partnership with others to provide safe and convenient ways to get around Perth, including cycling, light rail and CAT buses Continue two-way street conversion program Promote and facilitate CBD living

IP19 Enhance and maintain public spaces and streets to high standards to ensure the city centre is an attractive place for people.

DETAILS:

Draft Concept Plan The concept design for Barrack Street has the overall aim of significantly improving the function and appearance of Barrack Street. The plan proposes: Enhancement of the pedestrian environment through the provision of high level

amenity. Creation of a safer and more cycle-friendly environment with the introduction of

on-road cycle lanes, as per the City Cycle Plan 2029. Conversion of Barrack Street to two-way traffic to allow more choice of

movement and greater street legibility within the city, as part of the City’s two-way program.

Public Consultation Process The Draft Concept Plan was open for community and stakeholder consultation from 30 September to 24 October 2014. The project information was distributed to property and business owners and residents in Barrack Street and its vicinity, between William and Pier Streets, Wellington Street and the Esplanade. It was also distributed via email to general stakeholders. Project information was posted on the City website as well as social media.



The project information included reference to the heritage and economic development grants and incentive schemes available through the City. Barrack Street business and property owners in particular were encouraged to contact the City for further information. Project panels were displayed in the windows of the McNess building, corner of Barrack Street and the Hay Street mall. Also, City officers were available at this location, from 12noon to 2:00pm over two separate sessions on 10 and 17 October 2014, to distribute information and answer questions about the project and grants. Community Feedback 32 formal responses were received and collated (refer to Schedule 36). The following table provides a summary breakdown of the feedback:

Responses Number

Fully supportive 7

Qualified support 13

Not supported 1

Other 13

Total

34

The majority of respondents were generally supportive of the proposal, with many stating that they welcomed the changes in Barrack Street. Cyclists in particular were appreciative of the measures being implemented to improve safety and amenity through the installation of cycle infrastructure. The Department of Transport (DoT) has provided its support for the project as it aligns with its Strategic Plans, including the 2012 CBD Transport Plan and the draft Public Transport Plan. Qualified Support Of the respondents offering qualified support, comments/concerns were mainly relating to: Cycle treatments, particularly at the Wellington Street intersection; Wait times for pedestrians at intersections; and Traffic concerns.

The following summarises the City’s responses to these concerns:



Pedestrian Wait Times at Intersections The City is working with Main Roads Western Australia (MRWA) in making the operation of the city's intersections more efficient for pedestrians, cyclists and motorists. To this end, 'parallel walk phases' for pedestrians are being progressively introduced throughout the city. Parallel walk phasing allows all road users more opportunities to travel through intersections. Also, for pedestrians the waiting time to cross one leg of an intersection under this arrangement is actually less compared to the former ‘fully exclusive’ (diagonal) crossing system. Parallel walks are in line with National Australian Practice and are widely used in other Australian cities. Cycle Infrastructure Treatment at Intersections The City, in conjunction with MRWA, is currently looking at the design of intersections along Barrack Street, including road marking, specific signal phasing and the possible use of bicycle lanterns, to facilitate safe and efficient bicycle movements. In relation to Wellington Street intersection in particular, the detail of its design this is being carefully considered to improve the connection between the cycle lanes and the Barrack Street Bridge. It is likely that further minor adjustments to the engineering design will occur before implementation of the project. To improve the safety and connectivity to and from the Roe Street shared path facility, the eastern side of the Barrack St Bridge is to be reclassified as a shared path and will include the associated signage and road markings symbols. Traffic Concerns Although the capacity for basic traffic flow in the northbound direction will be reduced, this is outweighed by the greater benefits that will be delivered under the two-way traffic scenario. As the city's two-way street network is expanded, route options for motorists are increased, including the new southbound traffic link. This has the overall effect of dispersing traffic more efficiently than at present and therefore helps to ease congestion. Once the two-way program is fully realised, modelling has demonstrated that the City can expect a reduction in kilometres travelled in the CBD, this reaches a maximum of 16% in the PM peak. This reduction in on-road ‘circulating’ traffic will be a direct result of re-establishing two-way streets and the permeability that this brings. It is noted that the overall benefits of reintroducing two-way streets back to Perth was captured in the Perth City Streets: Transport Plan Strategic Agreement (TRIM reference 76329/10).



Traffic Modelling Recent traffic modelling undertaken for the current Barrack Street project is presented below, showing a comparison between before and after two-way is implemented (using 2021 predicted traffic volumes in the two-way scenario):

Configuration One Way Two Way Direction Northbound Northbound Southbound Peak period AM PM AM PM AM PM Between St Georges Terrace and Hay Street

376 513 419 429 244 348

Between Hay Street and Murray Street

335 491 450 509 272 358

Between Murray Street and Wellington St

323 523 391 496 298 332

Key points to note are as follows: The comparison of northbound flows in the 'one way' and 'two way' scenarios

show a similar magnitude of northbound demand.

The St Georges Terrace / Barrack Street intersection controls the flow of traffic entering Barrack Street and because we are not significantly changing the capacity of the intersection in terms of signal phasing, the northbound demand remains similar albeit slightly higher in the two way scenario due to the use of the 2021 Paramics model which contains traffic growth.

The modelling demonstrates that Barrack Street currently has more capacity than demand, that is 3 lanes, when most of the traffic can be accommodated in one lane. Essentially, the northbound traffic flow remains similar under two way, with the added benefit of the southbound traffic direction and the introduction of cycle infrastructure. Road Safety Audit An independent Road Safety Audit of the Draft Concept was commissioned by the City. The recommendations from the audit have been reviewed and a Corrective Actions Report prepared in response. No major issues were identified in the report and the majority of recommendations will be addressed in the detail design phase. The most significant recommendations relate to traffic signal phasing and the road layout at intersections. The City is now in the process of working through these particular recommendations with MRWA to ensure the safe and efficient operation of the cycle infrastructure under the two way scenario.



MRWA approval for traffic signal phasing and line-marking is pending, following the detail design. It is noted that there have been no specific technical issues raised that present a risk to implementing the project. CAT Bus Routes and Stops It is the City’s preference for the Blue CAT route to be relocated to William Street, and the Red CAT stop relocated into Hay Street, adjacent to the new City of Perth Library that is currently under construction. This is considered to be particularly important to remove an otherwise potential conflict between bus stops and cyclists using dedicated lanes in Barrack Street. The City has been in on-going discussions with representatives from the Department of Transport (DoT) and the Public Transport Authority (PTA). Both agencies have indicated their willingness to further consider the City’s preferences as they recognise the merit in removing all bus stops from Barrack Street, not only from a safety point of view but also from a wider strategic perspective. Changes to CAT routes and stop locations will ultimately be considered as part of an overall CAT bus strategy which will form part of the State Governments future Perth Central Area Transport Plan (2016-25). One aspect of this plan will most likely reinforce the proposal for a transit mall in William Street (between Hay and Murray) which will also serve CAT buses. If there has been no decision regarding the CAT routes and stops by the time the construction of the Barrack Street project is underway, the existing CAT bus facility will remain in the street. The City’s standard cautionary signage and road symbols will be installed to help mitigate against bus-cyclist conflict in the area of the CAT stop. The City will also monitor the area closely to determine if any further measures should be implemented to improve safety. Program Following Council approval of the Final Concept Plan, the City will prepare detailed design documentation. Tenders for the construction will be called early in 2015. It is intended that the majority of the construction works commence in May 2015, following the Hay Street works (between Barrack and Pier Streets) and continue through to July 2015. It is noted that the footpaths adjacent to the former Treasury Building are currently scheduled be constructed ahead of programme in February-March 2015 to coincide with the practical completion of this building.




ACCOUNT NO: CW0172 BUDGET ITEM: Transport, Streets, Roads, Bridges, Depot – 2-Way

Street Conversion Programme - Barrack Street BUDGET PAGE NUMBER: 19 BUDGETED AMOUNT 2014/15: $ 2,760,223.00 AMOUNT SPENT TO DATE: $ 158,239.92 COMMITMENT: $ 120,322.67 BALANCE: $ 2,481,661.41 There is currently listed a further $3 million in Council’s Four Year Financial Plan in 2015/16 to complete the project. The estimated cost for the project is $5,733,097 (which includes new funds of $750,000 from the October Budget Review to fund additional streetscape works surrounding the former Treasury Building). This current estimate is within the 30% range permitted under Gateway 3 (Feasibility). A final pre-tender estimate will be undertaken on completion of the detail design. All figures quoted in this report are exclusive of GST.

COMMENTS:

As part of its two-way conversion programme, the City is planning to reintroduce two-way traffic to Barrack Street, between St Georges Terrace and Wellington Street. This will complete the ‘missing link’ between Beaufort Street and the foreshore. Dedicated on-road cycle lanes will also be introduced, in accordance with the Cycle Plan 2029, creating a critical north-south connection between the key cycling routes on the foreshore and Roe Street. At the same time, Barrack Street will undergo a full streetscape enhancement to improve the general street environment and to strengthen the pedestrian links between the city and the waterfront as well as between the malls and the East End. The upgrade to the street is timely, particularly in the light of major developments that are currently underway in the city. Moved by Cr Limnios, seconded by Cr Harley That Council: 1. approves the final concept plan for Barrack Street (between St

Georges Terrace and Wellington Street), attached as Schedule 34;

(Cont’d)



2. notes that the concept plan includes the following:

2.1 improved permeability and legibility of the city with the reintroduction of two-way traffic;

2.2 on-road cycle lanes that will provide a critical north-south

link in the overall cycling network (in accordance with the Cycle Plan 2029);

2.3 improvements to the pedestrian environment;

3. receives the results of stakeholder and public feedback for the

concept plan, as detailed in Schedule 36; 4. notes that the works will be coordinated with the various

developments currently under construction along Barrack Street and will follow the Hay Street improvement works scheduled for early 2015.

The motion was put and carried The votes were recorded as follows: For: Crs Adamos, Butler, Chen, Davidson, Harley, Limnios, McEvoy and

Yong Against: Nil 6.36pm The Lord Mayor returned to the meeting and resumed the Chair.



I T E M N O :

MARKETING, SPONSORSHIP AND INTERNATIONAL RELATIONS COMMITTEE REPORTS

540/14 ARTS AND CULTURAL SPONSORSHIP 2014/15 – ROUND TWO ASSESSMENT

BACKGROUND:

FILE REFERENCE: P1030180, P1030182, P1030184. REPORTING OFFICER: Sarah Klahn-Jolley, Arts and Cultural Programs Officer RESPONSIBLE DIRECTOR: Garry Dunne, Director City Services DATE: 6 November 2014 SCHEDULE: Schedule 24 – 2014/15 Cultural Sponsorship Round Two

Assessment Report

The Committee recommendation to the Council for this report was resolved by the Marketing, Sponsorship and International Relations Committee at its meeting held on 25 November 2014. The Committee recommendation to the Council is the same as that recommended by the Officers. REPORT AUTHOR/ REVIEWER DISCLOSURES OF INTEREST The applicant, Western Australian Football Commission has advised the City of Perth that City of Perth Social History & Memorabilia Curator Jo Darbyshire is the preferred supplier of curatorial services for the “Bounce Down” Exhibition on a contract basis. Sarah Klahn-Jolley, Arts & Cultural Programs Officer

Impartiality Interest

Jo Darbyshire is employed part-time in the Arts & Culture team at the City of Perth, of which I am a member.

Lisa Schreiber, Acting Arts & Cultural Development Coordinator


Jo Darbyshire is employed in a part-time capacity as the Social History & Memorabilia Curator at the City of Perth. I am her supervisor.



Jo Darbyshire is employed part-time within the Community Services Unit of which I am the Manager.



Jo Darbyshire is employed part-time in the Community Services Unit of the City Services Unit, of which I am the Director.



REPORT AUTHOR/ REVIEWER DISCLOSURES OF INTEREST City of Perth Youth Arts Officer, Ashleigh Whyte, is Co-Director of the applicant, Paper Mountain. This is a voluntary position. Sarah Klahn-Jolley, Arts & Cultural Programs Officer


Ashleigh Whyte is employed part-time in the Arts & Culture team at the City of Perth, of which I am a member.

Lisa Schreiber, Acting Arts & Cultural Development Coordinator


Ashleigh Whyte is a member of the Community Services team in the Public Art area.



Ashleigh Whyte is employed part-time within the Community Services Unit of which I am the Manager.



Ashleigh Whyte is employed part-time in the Community Services Unit of the City Services Unit, of which I am the Director.

It is noted that Ms Darbyshire and Ms Whyte have not been engaged or consulted in relation to any discussion of this Arts & Cultural Sponsorship round. A proposed budget allocation of $1,433,918 (excluding GST) for the Arts and Cultural Sponsorship Program is included in Council’s 2014/15 Budget. This amount is inclusive of $235,743 to be administered within two distinct six-month project rounds for project grants and project sponsorship. The Arts and Cultural Sponsorship program supports innovative, city-based arts and cultural activities. The City encourages cultural activity, thereby enhancing quality of life, increasing vitality of the city and contributing to the economy. The City of Perth invites applications in January and July each year from organisations, performing arts companies, individuals and community groups that propose innovative cultural activities for which arts and culture is the primary purpose. Arts and Creative Community Project Grants assist community groups, not-for-profit organisations and small businesses to produce and present high quality arts and cultural activities to the public. All proposals are considered on merit. Applicants that have successfully received support in the past are advised that they should have no expectation that future projects will also be supported. This project round considers: Arts and Cultural Sponsorship (Project / Program) for a one-off single project or

program series. Arts Projects Grants for high quality local arts projects that encourage creative

development.



Creative Communities Grants for arts and cultural projects that facilitate the public access to and participation in the city’s cultural life.

LEGISLATION / STRATEGIC PLAN / POLICY: Integrated Planning and Reporting Framework Implications

Corporate Business Plan Council Four Year Priorities: Healthy and Active in Perth S15 Reflect and celebrate diversity in Perth. 15.1 Support and deliver events that reflect and

celebrate cultural diversity. Policy Policy No and Name: 18.1 – Arts and Culture

18.8 – Provision of Sponsorship and Donations

DETAILS:

This report summarises the assessment of applications received in Round Two and provides recommendations for funding. Eligibility The eligibility of all projects and applicants was assessed based on the criteria outlined in Council Policy 18.8 and in accordance which the objectives of Council Policy 18.1. Application Assessment The Round Two 2014/15 Assessment Report provides an evaluation of each project in the context of the City’s Arts and Cultural Sponsorship program and the degree to which the application meets the selection criteria detailed in the application form and program guidelines. On 24 September 2014, following a detailed analysis of the applications, an internal assessment panel meeting was conducted and the applications assessed against the program guidelines. The proposed activities are presented to the Marketing, Sponsorship and International Committee, and Council for consideration as detailed in Schedule 24.



2014/15 ROUND TWO RECOMMENDATIONS

Arts Projects –Total Annual Budget $110,743

Funds allocated in Round One $58,187

Balance carried forward to Round Two

$52,556 Applicant Project

Amount

Requested Amount

RecommendedProposed Ms Cecile Williams

Trapped $2,960 $2,960

International Art Space Spaced 2: Future Recall $7,000 $7,000Ms Emma Humphries

Hall of Shadows $8,800 $5,500

Fremantle Chamber Orchestra

Rudolf Koelman plays Prokofiev

$3,700 $3,700

Uniting Church in the City

Stations of the Cross $9,500 $8,000

Paper Mountain

Keep Running $10,000 $8,000

Total Proposed Arts Projects – Round Two

$41,960 $35,160

Balance Remaining $17,396

Creative Community Projects –Total Annual Budget $55,000




Amount

Requested Amount

RecommendedProposed Ms Sarah Nelson

Mobile Moments 3.0 $5,250 $5,250

Western Australian Football Commission

“Bounce Down!” Womens Australian Rules Football Centenary

$9,690 $9,690

Perth Folk & Roots Club Inc.

Piazza Folk and Roots

$2,000 $2,000

Total Proposed Creative Community - Round Two

$16,940 $16,940Balance Remaining $11,359



Sponsorship –Total Annual Budget $70,000




Amount

Requested Amount

RecommendedProposed Perth Theatre Company

PTC 2015 Season $20,000 $20,000

Australian Dance Council - Ausdance WA Branch Inc

Everybody Dance Now!

$13,000 $9,350

Strut Dance Piazza Folk and Roots

$20,000 $10,000

Total Proposed Sponsorship - Round Two

$53,000 $39,350Balance Remaining ($4,350)

SUMMARY

The City of Perth received 16 Arts and Cultural Sponsorship applications in Round Two. The total amount requested was $147,900, with estimated total project costs of $1,262,199. The average contribution requested by applicants was 22.75% of the total project cost. Based on the recommended level of funding for each supported project, the average City of Perth funding contribution is 14.12%. Four of the applications received did not meet the eligibility criteria and / or objectives of the program to a satisfactory level, or did not demonstrate capacity to successfully deliver the activity and are subsequently not recommended for approval. Of the 12 projects recommended for support, six applicants have received Arts and Cultural Sponsorship support from the City in previous years. The remaining six applicants have provided evidence of sound governance and financial management. The recommended projects are considered to be high quality, innovative projects that are representative of a diverse range of local arts activities. The recommended level of support is consistent with the sponsorship request in seven applications. The recommended level of support for Arts and Cultural Sponsorship applications is consistent with the level of support provided to comparable activities in the past.




ACCOUNT NO: CL15724000 BUDGET ITEM: Recreation & Culture – Other Culture – Donations

and Sponsorship BUDGET PAGE NUMBER: TBA BUDGET ITEM

BUDGETED AMOUNT: $1,433,918 AMOUNT SPENT TO DATE: $1,310,587 PROPOSED COST: $ 91,450

BALANCE: $ 31,881

All figures quoted in this report are exclusive of GST. COMMENTS: The City of Perth’s Arts and Cultural Sponsorship program provides an effective means of engaging Western Australia’s peak art bodies, community groups and individual artists to present high quality and diverse cultural activities that encourage people to visit and enjoy the city. The Arts and Cultural Sponsorship program funding rounds ensure that small to medium size organisations and individual artists are encouraged to present arts and cultural activities across a diverse range of art forms, in particular for support of one-off projects that encourages creative exploration or community engagement. The proposed projects are representative of a broad range of arts and cultural activity that will appeal to diverse audiences many of which encourage non-artists to creatively engage with art form. These projects include contemporary dance, theatre, a visual art exhibition, a social history exhibition, interactive theatre, a sculpture exhibition, film portraiture, a folk music performance and an orchestral concert. The City’s Arts and Cultural Sponsorship program employs the creative community and provides cultural entertainment to the City’s stakeholders. The program supports the presentation of high quality and diverse cultural activities that encourage people to visit and enjoy the city environment. Moved by Cr Chen, seconded by Cr Adamos That Council:

1. approves Round Two funding of $91,450 for Arts and Cultural

Sponsorship for 2014/15 as follows:

1.1 Arts Projects – Round Two: (Cont’d)



a. Ms Cecile Williams ($2,960);

b. International Art Space ($7,000);

c. Ms Emma Humphries ($5,500);

d. Fremantle Chamber Orchestra ($3,700);

e. Uniting Church in the City ($8,000);

f. Paper Mountain ($8,000);

1.2 Creative Community Projects – Round Two:

a. Ms Sarah Nelson ($5,250);

b. Western Australian Football Commission ($9,690);

c. Perth Folk and Roots Club Incorporated ($2,000);

1.3 Arts and Cultural Sponsorship – Round Two:

a. Perth Theatre Company ($20,000);

b. Australian Dance Council – Ausdance WA Branch Incorporated ($9,350);

c. Strut Dance ($10,000);

2. approves the applicants listed in part 1 above being required to provide the benefits to the City of Perth noted in the Arts & Cultural Sponsorship Assessment Report, attached as Schedule 24;

3. declines Round Two funding of Arts and Cultural sponsorship for

2014/15 as follows:

3.1 Ms Isabella Stone (request of $10,000);

3.2 Ms Jason Hendrik Hasma (request of $6,000);

3.3 Ms Magdalena Ambrozkiewicz (request of $10,000);

3.4 Mr Jed Handmer (request of $10,000). The motion was put and carried





541/14 SISTER CITY MISSION KAGOSHIMA, MARCH 2015 – DEPUTY LORD MAYOR ATTENDANCE

BACKGROUND:

FILE REFERENCE: P1001395 REPORTING OFFICER: Yasmine Blair, International Engagement Coordinator RESPONSIBLE DIRECTOR: Martin Mileham, Director City Planning and Development DATE: 4 November 2014 SCHEDULE: N/A The Committee recommendation to the Council for this report was resolved by the Marketing, Sponsorship and International Relations Committee at its meeting held on 25 November 2014. The Committee recommendation to the Council is the same as that recommended by the Officers. In 2014, the City of Perth has been celebrating significant sister city anniversary milestones with the cities of Kagoshima, Houston and Vasto. These milestones are a 40th anniversary, 30th anniversary and 25th anniversary respectively. At its meeting on 10 December 2013, Council approved three reciprocal official sister city missions to commemorate these milestones and meet the objectives of the Sister Cities program (Council Policy 11.3 – Sister City Relationships) as follows: to foster international peace and goodwill; to seek a wider understanding of other

nations, their traditions, customs and cultures;

to promote Perth and, where appropriate; and

to assist in fostering economic development, tourism and trade relations.

To date the City has hosted Houston (April 2014) and Kagoshima (August 2014) and travelled to Vasto (May 2014) and Houston (November 2014). Remaining in 2015 is an incoming visit from Vasto (February 2015) and an outbound mission to Kagoshima (March 2015).





Strategic Community Plan Council Four Year Priorities: Perth as a Capital City S6 Maintain a strong profile and reputation for Perth

as a city that is attractive for investment Policy Policy No and Name: 11.3 – Sister City Relationships Policy

DETAILS:

In March 2015 a City of Perth official delegation will be traveling to Kagoshima, Japan, to celebrate the 40th anniversary of the Kagoshima-Perth sister city relationship. The official delegation comprises Lord Mayor Scaffidi, Cr Limnios, Cr Harley and Cr Yong. The Chief Executive Officer or a representative will also attend with a logistics officer. The delegation was determined by ballot in February 2014 in accordance with Council Policy 11.3. Correspondence received from the Mayor of Kagoshima City, Mayor Mori, in September 2014 expressed appreciation to the City for hosting the Kagoshima delegation in August 2014. In addition, Mayor Mori encourages the City of Perth to consider including the Deputy Lord Mayor as part of its official delegation to Kagoshima citing that the Deputy Lord Mayor is ‘important to the Citizens of Kagoshima City’ due to his active involvement in the sister city relationship and as such has built a strong rapport with Kagoshima staff and citizens. Japan is a country with definite rules governing behavior, etiquette and protocol within the context of personal, social and business relationships. When conducting business in Japan, personal relationships and loyalty are considered paramount to success. A focus of this visit to Kagoshima (and all sister city missions) is to build and foster business relationships as well as forging economic development opportunities. The comments received from Mayor Mori indicate that the Deputy Lord Mayor’s attendance, from the Kagoshima perspective, is seen as essential in commemorating this sister city anniversary and, as stated by Mayor Mori ‘in strengthening the friendship between Perth and Kagoshima’. Council Policy 11.3 provides that up to three additional Councillors may accompany the Lord Mayor on each official delegation. However, based on the City’s understanding of Japanese business protocol combined with the letter from Mayor Mori it is prudent that the importance of the Deputy Lord Mayor’s additional inclusion in the official delegation to Kagoshima in March 2015, be considered by the Council.


The cost of a return business class airfare to Kagoshima is approximately $7,000 (excluding GST).



There are sufficient funds in the Council’s 2014/15 Budget to accommodate the cost of the delegate’s flights and accommodation relating to the Kagoshima outbound visit, including the addition of the Deputy Lord Mayor to the delegation. Moved by Cr Davidson , seconded by Cr Chen That Council supports the Deputy Lord Mayor’s inclusion in the City’s official delegation traveling to Kagoshima to commemorate the 40th sister city anniversary during March 2015. The motion was put and carried The votes were recorded as follows: For: The Lord Mayor, Crs Adamos, Butler, Chen, Davidson, Harley,


I T E M N O :

FINANCE AND ADMINISTRATION COMMITTEE REPORTS

542/14 PAYMENTS FROM MUNICIPAL AND TRUST FUNDS – OCTOBER 2014

BACKGROUND:

FILE REFERENCE: P1030070-10 REPORTING OFFICER: Con White, Chief Accountant RESPONSIBLE DIRECTOR: Robert Mianich, Director Corporate Services DATE: 31 October 2014 MAP / SCHEDULE: TRIM ref. 312496/14 The Committee recommendation to the Council for this report was resolved by the Finance and Administration Committee at its meeting held on 2 December 2014. The Committee recommendation to the Council is the same as that recommended by the Officers.




Legislation Regulation 13(1) of the Local Government (Financial Management) Regulations 1996


Strategic Community Plan Council Four Year Priorities: Community Outcome Capable and Responsive Organisation A capable, flexible and sustainable organisation with a strong and effective governance system to provide leadership as a capital city and deliver efficient and effective community centred services.

COMMENTS:

Payments for the month of October 2014 included the following significant items:

$1,339,591.72 to Doric Contractors Pty Ltd for the September 2014 progress claim in relation to the Perth City Library and Public Plaza project;

$1,278,162.56 to the Western Australian Treasury Corporation for loan payments of $563,101.38 for the Perth Convention and Exhibition Centre Carpark and $715,061.18 for the City of Perth Library and Public Plaza Project;

$480,726.03 to Bos Surveying Pty Ltd for the provision of civil construction

services for the two-way conversion of Mounts Bay Road; and

$427,110.86 to Civcon Civil and Project Management Pty Ltd for the King’s Park Avenue Drainage Works.

Moved by Cr Davidson, seconded by Cr Butler That in accordance with Regulation 13(1) of the Local Government (Financial Management) Regulations 1996, the list of payments made under delegated authority for the month ended 31 October 2014 be received and recorded in the Minutes of the Council, the summary of which is as follows:

FUND PAID

Municipal Fund $ 16,408,363.87

Trust Fund $ 28,128.04

TOTAL: $ 16,436,491.91






543/14 FINANCIAL STATEMENTS AND FINANCIAL ACTIVITY STATEMENT FOR THE PERIOD ENDED 31 OCTOBER 2014

BACKGROUND:

FILE REFERENCE: P1014149-25 REPORTING OFFICER: Ian Berry, Manager Financial Services RESPONSIBLE DIRECTOR: Robert Mianich, Director Corporate Services DATE: 25 November 2014 MAP / SCHEDULE: Schedule 25 – Financial Statements and Financial

Activity Statement for the period ended 31 October, 2014 The Committee recommendation to the Council for this report was resolved by the Finance and Administration Committee at its meeting held on 2 December 2014. The Committee recommendation to the Council is the same as that recommended by the Officers.


Legislation Section 6.4(1) and (2) of the Local Government Act 1995 Regulation 34(1) of the Local Government (Financial Management) Regulations 1996


Strategic Community Plan Council Four Year Priorities: Community Outcome Capable and Responsive Organisation A capable, flexible and sustainable organisation with a strong and effective governance system to provide leadership as a capital city and deliver efficient and effective community centred services.

DETAILS:

The Financial Activity Statement is presented together with a commentary on variances from the revised budget.


There are no direct financial implications arising from this report.



COMMENTS:

The Financial Activity Statement commentary compares the actual results for the four months to 31 October 2014 with the revised budget approved by Council. Moved by Cr Davidson, seconded by Cr Butler That Council approves the Financial Statements and the Financial Activity Statement for the period ended 31 October 2014 as detailed in Schedule 25. The motion was put and carried The votes were recorded as follows: For: The Lord Mayor, Crs Adamos, Butler, Chen, Davidson, Harley,


544/14 SURRENDER OF LEASE – ERBEAC INC. – 18 STIRLING STREET, PERTH

BACKGROUND:

FILE REFERENCE: P1001810 REPORTING OFFICER: Bill Clohesy, Senior Property Officer RESPONSIBLE DIRECTOR: Garry Dunne, Director City Services DATE: 28 October 2014 MAP / SCHEDULE: N/A The Committee recommendation to the Council for this report was resolved by the Finance and Administration Committee at its meeting held on 2 December 2014. The Committee recommendation to the Council is the same as that recommended by the Officers. 18 Stirling Street, Perth is owned freehold by the City and was purchased for the purpose of road widening. No funding has been committed to implement this road widening in the City’s ten year capital expenditure program. At its meeting held on 27 June 2006, Council resolved to enter into a new lease with ERBEAC Inc. (formerly Eastern Region Business Enterprises and Arts Centre Inc.) over 18 Stirling Street, Perth, for an initial term of five years, with an option for a



further term of five years. The option was exercised on 1 September 2011 and the lease is due to expire on 31 August 2016. ERBEAC Inc. is a ‘not-for-profit’ group that has been in existence since 1989. It operates as a business incubator assisting members of the community to establish small business enterprises with training, mentoring and the supply of short term premises from which to operate. The company had incubators in Midland, Bassendean and Ellenbrook. At the Council meeting held on 24 June 2014, it was resolved: “That Council: 1. authorises the Chief Executive Officer to negotiate with ERBEAC Inc., the

Lessee of 18 Stirling Street, Perth, to determine the extent of remedial works required at the premises and an associated rent moratorium not exceeding six-months;

2. requests that a report be presented back to Council detailing the outcomes of

negotiations with ERBEAC Inc., the Lessee of 18 Stirling Street, Perth, including cost estimates for the remedial works required at the premises.”


Legislation Section 3.58 of the Local Government Act 1995 Integrated Planning and Reporting Framework Implications

Corporate Business Plan Council Four Year Priorities: Community Outcome Capable and Responsive Organisation A capable, flexible and sustainable organisation with a strong and effective governance system to provide leadership as a capital city and deliver efficient and effective community centred services.

DETAILS:

The City of Perth consulted with ERBEAC Inc. as to the high priority items that required attention from the tenants’ perspective. As a result, approximately $12,000 has been spent to improve the safety and security of the building. The rent moratorium which was granted is due to expire in December 2014. Since June 2014, further negotiations with ERBEAC Inc. have resulted with a request to surrender the lease. This request was received by the City on 30 September 2014 (TRIM ref. 327295/14). Due to the poor condition of the building which is deterring potential tenants, the company does not see a clear way to continue its operations. At full occupancy, ERBEAC Inc. can accommodate up to 25 small businesses in the building. In the past the company has regularly let space to 20-23 operators. Currently there are seven businesses operating from the building. The rent paid by



these businesses does not cover the overheads and ERBEAC Inc. is running at a loss. ERBEAC Inc. has given the sub licensees 12 weeks’ notice to vacate the premises. Under the terms of the sub licence agreements, eight weeks’ notice is required. The City intends to meet with the licensees to determine whether or not a compliant solution can be found to accommodate them in the future. The building needs a new roof and guttering, the ceilings are damaged and very mouldy. There is rising damp on the ground floor, the carpet is over 20 years old and needs replacing. In addition, the drainage in the ground floor foyer area is blocked causing flooding. The blockage is unable to be located and will need comprehensive investigation to rectify. There is also inadequate perimeter fencing allowing un-sociable behaviour in and around the rear courtyard at night. It is estimated that it would cost in excess of $250,000 to bring the building up to a leasable standard.


The current rental payable by ERBEAC Inc. is $31,543 per annum.

COMMENTS:

This report deals only with the surrender of the lease of 18 Stirling Street, Perth, which is supported. A further report to Council will be presented at a future meeting detailing the options available for the future of building. It is also noteworthy that ERBEAC Inc. was aware of the intention for the building to be demolished at the outset of their lease. A break clause was included to provide for the lease to be terminated in the event that the property was required for road construction, and that the company was leasing the building on an “as is” condition. OFFICER RECOMMENDATION: That Council agrees to surrender the lease with ERBEAC Inc., the Lessee of 18 Stirling Street, Perth. The Council agreed to amend the Committee Recommendation as follows: That Council agrees to: 1. surrender the lease with ERBEAC Inc., the Lessee of 18 Stirling Street, Perth;

and 2. allow the existing 6 sub-licensees to occupy the building from 1 February 2015

to allow time for a further report to Council seeking endorsement of a proposal



to offer the sub-licensees a longer term of tenure; such agreement to be agreed by an exchange of letters.

PRIMARY MOTION AS AMENDED was put Moved by Cr Davidson , seconded by Cr Harley That Council agrees to: 1. surrender the lease with ERBEAC Inc., the Lessee of 18 Stirling

Street, Perth; and 2. allow the existing 6 sub-licensees to occupy the building from

1 February 2015 to allow time for a further report to Council seeking endorsement of a proposal to offer the sub-licensees a longer term of tenure; such agreement to be agreed by an exchange of letters.


Limnios, McEvoy and Yong Against: Nil Reason: Following correspondence and recent negotiations with a

representative of the sub-licensees of ERBEAC, the Lessee of 18 Stirling Street, Perth, Council agreed that as there is only a relatively short period of time from the surrender of lease date (31 January 2015) until the next Council Meeting and given the sensitive nature of this issue, it is deemed appropriate to allow the existing 6 sub-licensees to occupy the building. A further report will be prepared for consideration by Council at the meeting scheduled for 3 February 2015.



545/14 INTENTION TO MAKE – PARKING AMENDMENT LOCAL LAW 2014

BACKGROUND:

FILE REFERENCE: P1010030-6 REPORTING OFFICER: Mark Ridgwell, Manager Governance RESPONSIBLE DIRECTOR: Robert Mianich, Director Corporate Services DATE: 24 November 2014 MAP / SCHEDULE: Schedule 26 – Parking Local Law 2010 with proposed

amendments Schedule 27 – Proposed Parking Amendment Local Law 2014

The Committee recommendation to the Council for this report was resolved by the Finance and Administration Committee at its meeting held on 2 December 2014. The Committee recommendation to the Council is the same as that recommended by the Officers. At its meeting held on 14 December 2010, Council resolved to make the City of Perth Parking Local Law 2010. Following publication in the Government Gazette and its subsequent commencement, correspondence was received from Parliament’s Joint Standing Committee on Delegated Legislation (JSCDL) seeking clarification in relation to several provisions within the local law. The JSCDL required that Council provide undertakings to review its concerns otherwise it would propose to move a disallowance motion in the Legislative Council in relation to the local law. As a result, at its meeting held on 27 April 2011, Council approved the giving of undertakings to address the issues raised by the JSCDL. Subsequent to these undertakings, correspondence received by the JSCDL required Council to provide further undertakings which was approved by Council at its meeting held on 7 June 2011. At its meeting held on 6 December 2011, Council resolved to make the City of Perth Amendment Local Law 2011 which gave effect to the matters within all the required undertakings. At its meeting held on 6 August 2013, Council resolved to make the City of Perth Amendment Local Law 2013 which addressed minor drafting issues and applied increases to modified penalties in regards to clearways. Both amendment local laws, together with the originally made local law, constitute the Principal Local Law.



It should be noted that in Council’s adoption of the City of Perth Parking Local Law 2010 and subsequent amendments in 2011 and 2013, many of the modified penalties have remained unchanged since 2004.


Legislation Section 3.12 of the Local Government Act 1995 City of Perth Parking Local Law 2010


Corporate Business Plan Council Four Year Priorities: Community Outcome Capable and Responsive Organisation A capable, flexible and sustainable organisation with a strong effective governance system to provide leadership as a capital city and deliver efficient and effective community centred services.

Section 3.12 of the Local Government Act 1995 details the procedure for making local laws and amendment local laws, a summary of which is provided below: Council is to approve the giving of State-wide public notice of the intention to

make a local law. The public notice is to include the purpose and effect of the local law, inspection details and advice regarding the six week public submission period;

As soon as the notice is given, the City is to provide a copy of the proposed local law to the Minister of Local Government and Communities, any other relevant Minister and to any person requesting a copy;

After the last day for submissions, Council is required to consider any submissions received and may resolve by an absolute majority to make the local law, or to make a local law that is not significantly different from the proposed local law as advertised;

If adopted, the City will subsequently be required to undertake the following to finalise this process: Publish the local law in the Government Gazette; Provide a copy of the Gazettal to the Minister for Local Government and

Communities and any other relevant Minister; and After this, publish a local public notice advising the title of the local law, its

purpose and effect, the day on which it becomes effective and advising that it may be inspected at the local government’s offices.

DETAILS:

As part of the City’s continuous review and improvement of its local laws, Officers have identified a number of drafting issues within the Principal Local Law affecting its application and interpretation in the contemporary environment. Amendments are further required in order to reflect the Local Government (Parking for Disabled Persons) Regulations 2014 effective from 1 December 2014 and



amendments to the Road Traffic Code in regards to parking for people with disabilities. Proposed amendments, including reasons for each, are detailed below:

Clause Proposed Amendments (italics) Reason Arrangement Delete the Arrangement.

Operational. The Arrangement has no effect at law.

Clause 1.4 Definitions

Clause 1.4 is amended as follows: (a) delete definition of “ACROD sticker”:

“ACROD sticker” (also referred to as ACROD permits) has the meaning given to it in the Local Government (Parking for Disabled Persons) Regulations 1988;

(b) delete the definition of “parking bay

for people with a disability”:

“parking bay for people with a disability” means a part of a parking facility which is identified or marked out by painted lines, symbols, inscriptions or signs as a bay for the parking of vehicles driven by or carrying a person with a disability;

(c) In the definition for “no stopping

sign” after the words “in the Code” insert “and the definition of “Sign” within this local law;”

(d) In the definition of “parking permit”

after the words “by the City” insert “includes written or electronic”;

Definition of “ACROD sticker” is to be replaced by the new definition “disability parking permit” to align with the Local Government (Parking for Disabled Persons) Regulations 2014 effective from 1 December 2014. See (e) below. This definition was published incorrectly and not placed in alphabetical order in the local law. A revised definition for “parking bay for people with a disability” is to be included as part of this amendment local law. See (e) below. Amended definition includes other expressions used for regulating the stopping of vehicles. Definition expanded to clarify the formats used for parking permits.



Clause Proposed Amendments (italics) Reason (e) Insert each of the following definitions

in alphabetical order:

“disability parking permit” has the meaning given to it in the Local Government (Parking for Disabled Persons) Regulations 2014;

“electronic parking detection device” means an electronic device placed in any position to detect and record the parking time of a vehicle on any road, parking facility, or other public place and includes any instrument, display panel or transmitting apparatus associated with the device;

“parking bay for people with disabilities” has the same meaning given to it under the definition “parking bay” in the Local Government (Parking for Disabled Persons) Regulations 2014;

New definition replaces the definition of “ACROD sticker” and is aligned with the Local Government (Parking for Disabled Persons) Regulations 2014 effective from 1 December 2014. New definition provides context to the wording “electronic parking detection device” detailed in clause 7.14 of the local law. Existing definition in the local law is to be deleted and replaced with a revised definition aligned with the meaning prescribed in the Local Government (Parking for Disabled Persons) Regulations 2014.

Clause 2.3 Clause 2.3 is amended as follows: (a) delete subclause 2.3(1)(d)(ii) and insert:

“(ii) the vehicle displays an ACROD sticker in which case the vehicle may be parked for twice the maximum time specified by the sign;”

“(ii) the vehicle displays a disability

parking permit in which case the vehicle may be parked (except in a parking area for people with disabilities) in accordance with Regulation 174(2) of the Code;”

Clause 2.3(1)(d)(ii) amended to align with the time extension for vehicles displaying a disability parking permit (except in disability parking bays) as prescribed in Regulation 174 of Road Traffic Code 2000.



Clause Proposed Amendments (italics) Reason (b) in subclause 2.3(1)(e):

(i) after the words “metred spaces unless a” insert “motor”;

(ii) after the words “needed to park

that” insert “motor”.

Clause 2.3(1)(e) amended to insert the word “motor” before the word vehicle where it applies in this clause to align with the definition of “Motor Vehicle” which provides for the inclusion of a trailer.

Clause 2.5 Delete Clause 2.5 and insert: “2.5 Parking for People with a Disability (1) A person must not stop or park a

vehicle in a “parking bay for people with a disability”; unless- (a) the vehicle displays a current

ACROD sticker/permit so that it is clearly visible to and able to be read by an authorised person from outside the vehicle at all times; and

(b) either the driver or the passenger in

that vehicle is the person entitled to use the displayed ACROD sticker/permit.”

2.5 [Deleted]

Clause 2.5 is now not required as this activity will be regulated by the Local Government (Parking for Disabled Persons) Regulations 2014. It is proposed to keep the clause number so that consequential numbering amendments are not required for the balance of Part 2 of the local law.

Clause 2.8 Clause 2.8 is amended as follows: (a) in subclause 2.8(1)(a):

(i) delete the words “and a person is continuously engaged in loading or unloading goods to or from that vehicle; or”;

(ii) after the words “is a commercial

vehicle” insert “or an authorised vehicle; and”;

(b) delete subclause 2.8(1)(b) and insert:

Clause 2.8 amended to clarify that commercial vehicles can only use loading bays when loading and unloading. Amendments also provide more clarity for Officers issuing infringements.



Clause Proposed Amendments (italics) Reason (b) a person is continuously engaged

in loading or unloading goods to or from that vehicle;

Clause 3.3 Clause 3.3 is amended by inserting “or within a parking station” after the words “any portion of a road”.

Proposed amendment expands the application of clause 3.3 to City of Perth Off-Street Parking stations and facilities.

Clause 4.1 Subclause 4.1(1)(b) is amended by inserting “for each parking bay” after the words “referable to the zone”.

Proposed amendment to subclause 4.1(1)(b) clarifies that a fee applies per parking bay and not per zone.

Clause 4.3 Clause 4.3 in amended as follows: (a) in Subclause 4.3(2), before the words

“Where more than one parking ticket”, insert “Unless subclause (3) applies,”;

(b) after subclause 4.3(2) insert:

“(3) Where a trailer is attached to a

vehicle, a parking ticket is to be displayed inside the vehicle for each occupied parking bay as permitted under this local law.”

In conjunction with clause 4.1 which clarifies fee payable for each parking bay used, the proposed new subclause (3) makes clear the requirement for displaying parking tickets where a trailer is attached to a vehicle.

Clause 5.9 Delete Clause 5.9.

Clause 5.9 content proposed to be relocated to Part 6 of the local law as it is more aligned with re-titled Part 6. See below.

Part 6 Delete Part 6 title “PART 6 – RESIDENTIAL PARKING” and insert “PART 6 – PARKING PERMITS”

Part 6 of the local law proposed to be re-titled to accurately reflect the application of this part to permits in general rather than limited to residential permits only.



Clause Proposed Amendments (italics) Reason New clause 6.9

After Clause 6.8 insert: “6.9 Councillor Parking Permit (1) The City may issue to any member of

the Council a councillor parking permit and may vary or revoke a permit at any time.

(2) The holder of a councillor parking

permit is exempt from those clauses of this local law specified in the permit.

(3) The exemption conferred by subclause

(2) applies only -

(a) if the councillor parking permit is displayed inside the vehicle and is clearly visible to and able to be read by an authorised person from outside the vehicle at all times;

(b) if the councillor parking permit is valid; and

(c) if the holder of the councillor parking permit is carrying out his or her duties or performing his or her functions as a member of the Council.

(4) A councillor parking permit ceases to

be valid -

(a) when the holder of the permit ceases to be a member of the Council;

(b) after the expiry date specified in the permit; or

(c) when revoked by the City. and shall be returned to the City on the happening of any of the above events.”

Clause 5.9 content relocated to Part 6 as it is more appropriately aligned with the re-titled Part 6.



Schedule 2 – Modified Penalties There are a number of Modified Penalties detailed in “Schedule 2” of the local law that are proposed to be increased. Penalties in relation to parking offences which cause disruption to traffic flows and inconvenience members of the public are proposed to be increased to a maximum of $200. Current penalties in relation to this matter are not considered sufficient to deter drivers. Furthermore, all penalties currently prescribed as $50 are proposed to be increased to $60 based on the fact that these penalties have not been adjusted in eleven years and the value of the deterrent factor is considered to have eroded by inflation over this time. Therefore, it is proposed to delete the “Schedule 2” in its entirety and insert an amended “Schedule 2” that includes amended penalties and consequential amendments required as a result of amendments to clauses within the local law. Minor drafting errors identified are proposed to be amended in this process also. Proposed amendments to “Schedule 2” are detailed below with deleted text identified with a strikethrough and new text identified with italics.



Clause No

Offence Clauses Modified Penalties Reason Current Proposed

2.3(1)(c) Stopped in restricted period (Clearway) $150 $200 Penalty increased to act as a greater deterrent and improve congestion and / or safety. Aligns penalty with similar contraventions.

2.3(1)(d) Stopped longer than time $50 $60 Penalty has not increased since 2004. 2.3(1)(e) Stopped not in bay $50 $60 Penalty has not increased since 2004. 2.3(1)(f) Stopped contrary to sign $50 $60 Penalty has not increased since 2004. 2.3(2)(a) Stopped in No Stopping area $150 $200 Penalty increased to act as a greater deterrent

and improve congestion and / or safety. Aligns penalty with similar contraventions.

2.3(2)(b) Stopped in a No Stopping area marked by yellow edged line

$150 $200 Penalty increased to act as a greater deterrent and improve congestion and / or safety. Aligns penalty with similar contraventions.

2.3(2)(c) Stopped in a designated keep clear area $100 $200 Penalty increased to act as a greater deterrent and improve congestion and / or safety. Aligns penalty with similar contraventions.

2.3(2)(e) Stopped in a bus lane or bus way $150 $200 Penalty increased to act as a greater deterrent and improve congestion and / or safety. Aligns penalty with similar contraventions.

2.3(2)(f) Stopped in a transit lane $150 $200 Penalty increased to act as a greater deterrent and improve congestion and / or safety. Aligns penalty with similar contraventions.

2.3(2)(g) Stopped in a truck lane $100 $200 Penalty increased to act as a greater deterrent and improve congestion and / or safety. Aligns penalty with similar contraventions.

2.3(2)(h) Stopped in a bicycle lane or on a path $100 $200 Penalty increased to act as a greater deterrent and improve congestion and / or safety. Aligns penalty with similar contraventions.

2.3(5) Stopped in M/C bay longer than time allowed by signs from adjacent parking bays

$50 $60 Penalty has not increased since 2004.



Clause No


2.5(1)(a) Stopped in ACROD (No Permit) $200 - Activity is regulated and penalties are now prescribed under the Local Government (Parking for Disabled Persons) Regulations 1988

2.5(1)(b) Stopped in an ACROD bay (displaying a permit not entitled to Permit)

$200 - Activity is regulated and penalties are now prescribed under the Local Government (Parking for Disabled Persons) Regulations 1988

2.6(a) Failing to park parallel to the kerb $50 $60 Penalty has not increased since 2004. 2.6(b) Failing to park as close to the kerb as

practicable $50 $60 Penalty has not increased since 2004.

2.7 Stopped not wholly within a parking space (angled)


2.8(1)(a) Not continuously engaged in loading or unloading Non-commercial vehicle stopped in a loading zone

$50 $100 Offense clause wording amended to reflect amendment to subclause 2.8(1)(a). This activity in currently enforced under 2.8(1)(b) in the Principle Local Law which carries a modified penalty of $100. Penalty increase reflects this amount.

2.8(1)(b) Unauthorised vehicle in loading zone Not continuously engaged in loading or unloading

$100 $60 Offense clause wording amended to reflect amendment to subclause 2.8(1)(b). This activity in currently enforced under 2.8(1)(a) in the Principle Local Law which carries a modified penalty of $50. Penalty amended to $60 to maintain enforcement of the activity and increase the determent factor.

2.8(2) Stopped a vehicle in a loading zone longer than the time specified


2.9(1)(a) Stopped a vehicle in a fee paying zone not $50 $60 Penalty has not increased since 2004.



Clause No


parallel to a kerb 2.9(1)(b) Stopped a vehicle in a fee paying zone not as

close to a kerb as practicable $50 $60 Penalty has not increased since 2004.

2.9(1)(c) Stopped a vehicle in a fee paying zone not wholly in a marked bay


2.9(1)(d) Stopped a vehicle in a fee paying zone not headed in the direction of the traffic


2.9(2) Stopped a vehicle not wholly within a parking bay or metered space


2.11 Stopped in bay already occupied $50 $60 Penalty has not increased since 2004. 2.20 Causing damage to a parking facility $100 $200 Penalty increased to act as a stronger deterrent

noting that the cost of repairing damage to a parking facility may be significantly higher than $100.

2.21 Stopped a vehicle in a parking facility set aside for an event contrary to the conditions


3.1(a) Stopped not in direction of traffic $75 $200 Penalty increased to act as a greater deterrent and improve congestion and / or safety. Aligns penalty with similar contraventions.

3.1(b) Stopped not in direction of traffic (one way street)


3.1(c) Stopped without leaving three metres clearance from opposite boundary


3.1(d) Stopped without leaving a 1.2 metres from any other vehicle except a motorcycle

$50 $60 Drafting errors amended and penalty has not increased since 2004.

3.1(e) Cause obstruction to carriageway $100 $200 Penalty increased to act as a greater deterrent and improve congestion and / or safety. Aligns penalty with similar contraventions.



Clause No


3.3(a) Exposed a vehicle for sale on any portion of a road or within a parking station

$75 No Change

Offense clause wording amended to reflect amendment to clause 3.3.

3.3(b) Stopped an unlicensed vehicle on any portion of a road or within a parking station

$75 No Change


3.3(c) Left a trailer or caravan on a road or within a parking station unattached to a motor vehicle

$75 No Change


3.3(d) Stopped a vehicle on any portion of a road or within a parking station to conduct non-emergency repairs

$75 No Change


3.4(3)(b) Obstruct any thoroughfare in a parking facility $100 $200 Penalty increased to act as a greater deterrent and improve congestion and / or safety. Aligns penalty with similar contraventions.

3.4(3)(c ) Cause an obstruction to an intersection $100 $200 Penalty increased to act as a greater deterrent and improve congestion and / or safety. Aligns penalty with similar contraventions.

3.4(3)(d) Stopped within 20 metres of an intersection controlled by traffic signals


3.4(3)(e) Stopped within 10 metres of an intersection without traffic signals


3.4(3)(f) Stopped on a footpath $150 $200 Penalty increased to act as a greater deterrent and improve congestion and / or safety. Aligns penalty with similar contraventions.

3.4(3)(h) Stopped on a bridge or within a tunnel $150 $200 Penalty increased to act as a greater deterrent and improve congestion and / or safety. Aligns penalty with similar contraventions.

3.5(1) Stopped abreast of another vehicle $100 $200 Penalty increased to act as a greater deterrent and improve congestion and / or safety. Aligns



Clause No


penalty with similar contraventions. 3.6 Stopped on or across driveway $100 $200 Penalty increased to act as a greater deterrent

and improve congestion and / or safety. Aligns penalty with similar contraventions.

3.7(a) Stopped within 1 metre of a fire hydrant $50 $200 Penalty increased to act as a greater deterrent and improve congestion and / or safety. Aligns penalty with similar contraventions.

3.7(b) Stopped within 3 metres of a public post box $50 $60 Penalty has not increased since 2004. 3.8(1)(a) Stopped a vehicle within 10 metres of the

departure side or within 20 meters of the approach side of a bus bay or zone


3.8(1)(b) Stopped a vehicle within 10 metres of the departure side or within 20 meters of the approach side of a pedestrian crossing


3.8(1)(c) Stopped a vehicle within 10 metres of the departure side or within 20 meters of the approach side of a children's crossing


3.8(1)(d) Stopped a vehicle within 10 metres of the departure side or within 20 meters of the approach side of a railway level crossing


3.8(2)(a) Stopped a vehicle within 3 metres of the departure side or within 10 meters of the approach side of a pedestrian crossing not at intersection


3.8(2)(b) Stopped a vehicle within 3 metres of the departure side or within 10 meters of the approach side of a bicycle crossing with crossing lights not at intersection


3.9(1)(a) Return to area within one hour on same $50 $60 Penalty has not increased since 2004.



Clause No


length of carriageway 3.9(2) Move vehicle within parking station to avoid

time limitation $50 $60 Penalty has not increased since 2004.

3.10(d)(i) Stopped in Mall (Not in service zone) $50 $60 Penalty has not increased since 2004. 3.10(d)(iii) Stopped in Mall (Not load/unload) $50 $60 Penalty has not increased since 2004. 3.10(d)(iv) Stopped in Mall (More than 30 minutes) $50 $60 Penalty has not increased since 2004. 3.15(c) Stopped an unauthorised vehicle in a shared

zone not engage in picking up or dropping off.$50 $60 Drafting errors amended and penalty has not

increased since 2004. 3.15(d) Stopped an unauthorised vehicle in a shared

zone not engaged in loading/unloading or collection of waste


3.16(1)(a) Stopped a vehicle or combination of vehicles longer than 7.5 metres or exceeding GVM of 4.5 tonnes for more than 1 hour unless picking up or setting down


3.16(1)(b) . Stopped a vehicle or combination of vehicles longer than 7.5 metres or exceeding GVM of 4.5 tonnes not within a designated bay.


4.1(1)(a) Stopped in a metered space and failed to pay the fee


4.1(1)(b) Stopped in a ticket machine zone and failed to pay the fee


4.1(2)(a) Stopped in a metered space contrary to sign $50 $60 Penalty has not increased since 2004. 4.1(2)(b) Stopped in a ticket machine zone contrary to

sign $50 $60 Penalty has not increased since 2004.

4.2(a) Stopped against an expired meter $50 $60 Penalty has not increased since 2004. 4.2(b) Stopped against meter (Longer than time) $50 $60 Penalty has not increased since 2004. 4.23(1)(a) Stopped failed to display unexpired ticket

(T/M Zone) $50 $60 Drafting errors amended and penalty has not

increased since 2004.



Clause No


4.23(1)(b) Stopped failed to display ticket properly (T/M Zone)


4.5(1)(a) Stopped contrary to sign in a fee paying zone $50 $60 Penalty has not increased since 2004. 4.5(1)(b) Stopped in a fee paying zone for longer than

the maximum permitted period $50 $60 Penalty has not increased since 2004.

5.2(1)(b) Stopped failed to pay fee in ticket issuing machine area (Parking Station)


5.2(1)(c) Stopped failed to pay fee to a fee collection machine (Parking Station)


5.5 Return within one hour (Parking Station) $50 $60 Penalty has not increased since 2004. 5.7(2) Stopped not carrying at least one other

person (Parking Station) $50 $60 Penalty has not increased since 2004.

5.7(3) Loitering (Parking Station) $50 $60 Penalty has not increased since 2004. 6.7 Failure to remove an expired/revoked permit

from vehicle $50 $60 Penalty has not increased since 2004.

7.12 7.14 Damage, interfere with or obstruct a parking detection device

$500 No Change

Drafting errors amended.

Any other clause not contained in this list $50 $60 Penalty has not increased since 2004.




Costs of approximately $2,000 will be incurred for the Public Notice and gazettal of the Amendment Local Law. These costs will be met through existing operating budgets.

COMMENTS:

In accordance with Section 3.12(3) of the Local Government Act 1995, it is recommended that Council resolves to give notice of its intention to make the City of Perth Parking Amendment Local Law 2014 as detailed in Schedule 27. Moved by Cr Davidson , seconded by Cr Butler That Council approves in accordance with Section 3.12(3) of the Local Government Act 1995, the giving of State-wide public notice of the intention to make the City of Perth Parking Amendment Local Law 2014, as detailed in Schedule 27, the purpose and effect being:

1.1 Purpose: To amend the City of Perth Parking Local Law 2010; 1.2 Effect: To address drafting issues within the Principal Local Law

that affect its application and interpretation in the contemporary environment, and to increase selected penalties to act as appropriate deterrents.





546/14 TENDER 041-14/15 – LIFT AND RE-LAY OF GRANITE PAVING IN CITY MALLS

BACKGROUND:

FILE REFERENCE: P1030858 REPORTING OFFICER: Luis Osorio, Operations Engineer RESPONSIBLE DIRECTOR: Doug Forster, Director City Infrastructure and

Enterprises DATE: 17 November 2014 MAP / SCHEDULE: Schedule 28 – Schedule of Rates

Schedule 29 – Photographs Confidential Schedule 30 – Assessment Matrix – Distributed to Elected Member under separate cover

The Committee recommendation to the Council for this report was resolved by the Finance and Administration Committee at its meeting held on 2 December 2014. The Committee recommendation to the Council is the same as that recommended by the Officers. The existing granite paving in the Hay Street Mall was installed approximately nine years ago. The paving is now showing signs of displacement, broken pavers, settlement, and in some cases, the pavers have been dislodged creating gaps and trip hazard for pedestrians. Schedule 29 provides photographs of areas of concern. The project is in accordance with the principles of the Asset Management Plan (AMP). The AMP proposes footpaths in the inner City be lifted and re-layed approximately every five to ten years. Each project is confirmed by site inspection. Heavy pedestrian use, coupled with City presentation, pedestrian comfort and trip hazards drive this requirement as well as the underground service work which disturbs the pavers and impacts on reinstatement quality. From the condition inspection of the Malls, the defects identified were gaps between the pavers, misalignment, chipped, cracked, dislodged and sunken pavers (refer Schedule 29). Following the inspection, it was considered whether lifting and re-laying of the entire Hay Street Mall should occur, or should the work be undertaken only on the worst sections. However, with increasing defects and the difficulty to match alignment and pattern of these sections with existing paving, it would be preferable to lift and re-lay the road (middle section) and footpath along the shop frontage. Lifting and re-laying will also improve on the aesthetic appearance of the surface. In excess of $170,000 has been spent on maintenance of the pavement surface in Hay Street Mall since 2009 and annual repair costs are escalating. Therefore, it is considered to be more economical to undertake complete lift and re-lay except paving around trees in six nodes and the drainage channel, both of which are in good condition. Annual maintenance costs are estimated at $40,000 to $50,000 for



2015/16. These costs will reduce to $5,000 to $10,000 per annum if the project is completed. The estimated useful life of granite pavers in the Malls is 25 years and is thus 35% through its design life. Due to heavy pedestrian traffic in the Malls and to maintain the surface to a high standard, it requires substantial maintenance. The initial cost of construction was $2.94 million. The proposed cost of $484,000 is for the lift and re-lay proposal which is approximately 17% of the original cost. A further $50,000 contingency cost has been included for replacement of pavers if required. The objective of this Tender is to engage a Contractor for this specialised work not covered by any of the current maintenance contracts. The Company is required to lift existing granite pavers, correct the sand bedding and re-lay pavers, realign any pavers which may have been dislodged, replace broken or cracked pavers and also re-levelling the surface. Particular attention is to be given to service access pits around which settlement occurs. It is planned for the work to be undertaken at night with full re-instatement each morning. As a consequence, there will be little disruption to the shop and business owners who will be informed well prior to any work commencing. The work is planned to commence in January 2015 as late January, February and March are the quietest time in this area of the city for this type of work. In discussion with the City’s Marketing Unit, the period commencing the third week in January, with a close-down for Australia Day, is the ideal time, taking into account the undesirability of construction activities during the winter months. It will be imperative to close the gaps between pavers to an acceptable tolerance. When the granite was first installed, the dimensional inconsistency was cause for concern and a challenge to the contractor. The new work will require additional effort, the re-cut of some header pavers and use of construction joints to compensate. Grouting of the joints between pavers has been considered. Provided the pavers are laid in close contact, grouting will not be necessary. The process and effectiveness of grouting would be limited in effectiveness in that the Hay Street Mall pavement is not founded on a concrete slab; unlike, for instance, St Georges Terrace footpath. Some movement of pavers, therefore, is expected with resulting grout breakdown. Communication with users and business owners / operators will be essential. The bulk of the work will be night-based, nevertheless, limited disruption may occur; for example, weather conditions. Pre-notice, program of work, why the work is being undertaken will amongst other information be provided. Discussions several months ago with the General Manager of David Jones highlighted his expectation for the Malls to be clean, safe and well presented. Preliminary email notices to property owners/operators in the Hay Street Mall were sent late last week providing advanced notice that a report is to be considered by Committee and Council. Should the proposal be supported, more detailed



communications regarding timing, work methodologies, contact persons and the like will go out well in advance of the project commencing. The project could be deferred should Council so decide. The ramifications are likely to include escalating repair and maintenance costs, increasing public dissatisfaction, and heel catch and trip hazards continuing. As indicated earlier, the estimated repair costs for 2015/16 is in the order of $40,000 to $50,000 and it is expected that similar costs for 2014/15 will occur.


Legislation 3.57 of the Local Government Act 1995 Part 4 of the Local Government (Functions and General) Regulations 1996


Corporate Business Plan Council Four Year Priorities: Living in Perth S9 Promote and Facilitate CBD Living. 9.3 Enhance and maintain public spaces and streets to

high standards to ensure the city centre is an attractive place for people.

Policy Policy No and Name: 9.7 – Purchasing Policy

DETAILS:

Tender 041-14/15 – Lift and Re-lay of Granite Paving in City Malls was advertised in The West Australian on Saturday, 11 October 2014. Following advertising, a pre-tender inspection was undertaken on Thursday, 16 October 2014 to provide more clarity to Tenderers of the City’s expectations about the scope of the project and also provided an opportunity to ask any questions related to the Tender. Six companies attended the site inspection. At close of tender at 2.00pm on Tuesday, 28 October 2014, four tenders were received from the following companies: Menchetti Consolidated; Civcon; Pave WA; and BOS Civil. Tenderers were required to address the following selection criteria in the specifications, in detail, to demonstrate their experience and ability to undertake the works: Methodology and Scope of Works; Relevant Experience;



Safety Management Experience; and Resources – Personnel, Plant and Equipment. Each submission was assessed individually and ranked in order of merit against the quantitative criteria with particular emphasis on methodology and relevant experience with similar work. The qualitative assessment resulted in the following ranking: 1. Menchetti Consolidated; 2. Civcon; 3. Pave WA; and 4. BOS Civil. A quantitative assessment was also undertaken for the following parameters: The proposed methodology outlining clearly the total area to be lifted and

relayed every night; Proposed duration of works; The total value for lift and re-lay; and Total value for Sealing of Pavers.

Menchetti Consolidated Menchetti Consolidated submitted a thorough and concise offer with informative responses to all criteria. The panel considered this submission as conforming in four areas. The company demonstrated relevant experience reaching a high score in this criterion and have submitted an excellent explanation of its proposed methodology to undertake the works. The other two criterions were met as Menchetti demonstrated

Parameters Evaluated YES NO Comments YES NO Comments YES NO Comments YES NO Comments

Tender Value of Schedule of Rates Items (only):

$484,760.00 Excluding

GST

$595,651.10 Excluding GST

$702,145.00 Excluding

GST

$367,796.30 Excluding GST

Tender Value of Schedule of Rates for Provisional Items (Sealing of Pavers):

$119,250 Excluding

GST

$102,150 Excluding GST

$67,500 Excluding

GST

$68,040 Excluding GST

From Schedule A - The Tenderer shall provide its proposed methodology outlining

clearly the total area to be lifted and relayed every night.

* Proposed area of footpath pavers to be lifted and relayed every night/shift:

120 m² per night/shift

80 to 100 m² per night/shift combined for both: footpath

and road pavers

65 to 70 m² per night/shift combined for both: footpath

and road pavers

150 m² per night/shift combined for both: footpath and road

pavers

* Proposed duration of works

11 weeks - From the 25 January to 8 April 2015

12 weeks - 60 nights - From 12 January to 23 March 2015

14 weeks - From the 12 January to 16 April 2015

Not provided - But, based on their proposed productivity it would be: 4,500 m²/150 m² (per night) = 30 nights = 6 weeks

Menchetti Consolidated

CIVCON Pave WA BOS Civil



safety management expertise and submitted a well detailed list of resources and personnel with relevant experience in similar projects. The proposed productivity is in line with the City’s expectations for a project of these characteristics and the timeframe of 11 weeks is viewed favourably.

Civcon Civcon's offer provided enough supportive documentation and met all four criteria. However, the company submitted a letter with a list of exclusions from their rates such as not including a place to store materials and / or equipment. The company asked the City to borrow part of an area of the Wellington Street Project for storage, which is a difficult request for the City to commit to. Pave WA Pave WA submitted an offer with a few deficiencies, particularly with no demonstration of relevant experience, methodology and safety management experience. The company met only one criterion which was Resources – personnel, plant and equipment. The panel considered that this Tenderer could not demonstrate compliance with three of the mentioned criteria and there was not enough support for its offer. BOS Civil BOS Civil offer had met only one criterion related to its proposed methodology and scope of works. The company had a few deficiencies fulfilling the other three criteria and could not meet the relevant experience. Not all sections of the safety management expertise were addressed. BOS Civil did not submit the list of plant which was requested as part of this criterion. The panel considered that this Tenderer could not demonstrate the capability to fulfil the remaining three criteria.


ACCOUNT NO: CL 71048210 – 7260 BUDGET ITEM: Community Amenities BUDGET PAGE NUMBER: 78 BUDGETED AMOUNT: $780,000 AMOUNT SPENT TO DATE: $ 0 PROPOSED COST: $484,760 (Lift and Re-lay of pavers)

$119,250 (Provisional Items - Sealing of pavers) $ 50,000 (contingency)

BALANCE: $125,990 ANNUAL MAINTENANCE: $ 10,000 ESTIMATED WHOLE OF LIFE COST: Maintenance Project All figures quoted in this report are exclusive of GST.



COMMENTS:

At the conclusion of the tender evaluation process, all four Tenderers were deemed to have submitted conforming Tenders. However, only two of the Companies, Civcon and Menchetti Consolidated, met all four criteria.

Civcon has demonstrated compliance with all parameters. However, the total cost of its proposed Schedule of Rates is considerably high and the company has submitted a letter excluding some activities from its final rates which may compromise the final price with them.

Menchetti Consolidated's submission has included all the activities/items that the City has asked for and was the contractor nine years ago when the City reconstructed the Hay Street Mall, therefore has the first-hand knowledge of the works to be done. The total cost of its proposal, excluding provisional items, is 23% lower than the next ranked contender, Civcon.

Menchetti Consolidated are capable of fulfilling the obligations required under the tender specifications. It is therefore recommended that Menchetti Consolidated be awarded the tender for the Lift and Re-lay of Granite Paving in City Malls (Tender 041-14/15) in accordance with the Schedule of Rates detailed in Schedule 28. Moved by Cr Davidson, seconded by Cr Butler That Council:

1. accepts the most suitable Tender, being that submitted by Menchetti Consolidated, for the Lift and Re-Lay of Granite Paving in City Malls (Tender 041-14/15) which includes:

1.1 an estimated cost of $484,760 for the Lift and Re-lay of the Hay Street Mall paving;

1.2 an estimated cost of $119,250 for the sealing of the paving; and

1.3 traffic management costs as required;

in accordance with the Schedule of Rates detailed in Schedule 28;

2. notes that a Communications Strategy with stakeholders will be enacted prior to the commencement of works;

3. notes that a project contingency cost of $50,000 for paver replacement has been included if needed.






I T E M N O :

WORKS AND URBAN DEVELOPMENT COMMITTEE REPORTS

547/14 ADOPTION – CITY OF PERTH LIGHTING STRATEGY

BACKGROUND:

FILE REFERENCE: P1024916 REPORTING OFFICER: Michael Murphy, Principal Urban Designer RESPONSIBLE DIRECTOR: Martin Mileham, Director City Planning and Development DATE: 10 November 2014 MAP / SCHEDULE: Schedule 31 – City of Perth Lighting Strategy

Schedule 32 – Action Plan Schedule 33 – External Stakeholder Consultation

The Committee recommendation to the Council for this report was resolved by the Works and Urban Development Committee at its meeting held on 25 November 2014. The Committee recommendation to the Council is the same as that recommended by the Officers. The need to develop a comprehensive and integrated plan for the future lighting of Perth was recognised by the Council at its meeting held on 17 May 2011 when it approved the Project Charter for developing a Lighting Strategy. The Draft Lighting Strategy was distributed to Elected Members in November 2013 and followed up with an Elected Member Briefing Session in April 2014 on the key components of the strategy. An external consultation program was subsequently undertaken to seek feedback from key stakeholders as well as the broader community. This report details the feedback from consultation and presents the final Lighting Strategy for Council’s consideration.





Corporate Business Plan Council Four Year Priorities: Perth at Night A City that has a vibrant night time economy that attracts new innovative businesses and events and where people and families feel safe. S13 Development of a healthy night time economy. S14 Further improve safety and security.

The City’s Urban Design Framework 2029 was adopted by the Council to guide future strategies and projects that design and shape the capital city. The Lighting Strategy has been informed by this framework and responds to the following key aspects: Improving the sense of safety, vibrancy and liveability.

Reinforcing the overall structure, image and legibility of the City.

Expanding the night-time economy, events and activities.

DETAILS:

Objectives of the Lighting Strategy The following objectives have been developed for the Lighting Strategy:

Achieve savings in the cost of electricity, maintenance of infrastructure and significantly decrease greenhouse gas emissions.

Discourage crime and reduce the perception/fear of crime. Encourage citizens and visitors to remain in the city in the evening to improve

retail trade and the night-time economy. Reinforce the prosperity and economic success of Perth which will attract

investment and tourism. Enable a clear understanding of the composition of the city at night. Identify the City of Perth as a leader in good environmental practice in the use

of light in a consistent manner within the current and future capital works budgets.

Principles of the Lighting Strategy The following principles have been developed for the Lighting Strategy:



Improve the illumination of the city to ensure public safety and enjoyment, and support development and growth of the night-time economy.

Differentiate areas of the City through varied lighting. Create a nightscape postcard image of the City for tourists by illuminating the

roof of buildings to make a strong night-time statement that is uniquely Perth. Road and street lighting planning to define street hierarchy. Reduce sky glow caused by obtrusive external lighting. Implement sustainable lighting standards in future projects to reduce energy

and maintenance costs and to show leadership in the community. Special events illumination / ‘Festival’ lighting. Engage with the community to encourage other organisations, property owners

and businesses to contribute to the objectives of the strategy. Key Recommendations for Action The following seven key recommendations are detailed in the Lighting Strategy and form the basis of the Action Plan, also presented as part of this Report: 1. Lighting Taskforce Establish a Lighting Taskforce to assist implementation of the Lighting Strategy, with potential representation from Elected Members, business community, lighting design skills, environmental and infrastructure expertise. The Taskforce will investigate the various aspects of the strategy’s implementation. 2. A Lighting Master Plan Develop a Lighting Master Plan for Perth to encapsulate the unique qualities of Perth by day and transfer these into a night time environment to strengthen its unique Sense of Place as well as improving safety and legibility.

3. Good Lighting Practice Guide The basics of good lighting practice to be defined in a published booklet. This booklet should address issues such as glare, light pollution, light colour, and integrating lighting within buildings.

4. Lighting and Planning Work with private developers to investigate opportunities to incorporate lighting into developments to reinforce Perth’s Lighting Master Plan. Review provisions in the City



Planning Scheme 2 (2004) or consider new policy development to create a link between statutory planning processes and the Lighting Strategy. 5. Maintenance Develop and implement asset management plans for city lighting infrastructure that contribute to the objectives of the Lighting Strategy by setting appropriate service levels and renewal programs.

6. Monitoring and Control of the Public Lighting System Move towards a more centralised and computer based control system for remotely varying lighting levels across the City’s network. Investigate commercial options for the provision of such a system using Energy Performance Contracts.

7. Key Strategic Projects The following priority projects have been identified to start implementing the Lighting Strategy:

Solar Lighting Demonstration Projects

Opportunities exist to undertake demonstration projects using photo-voltaic cells as an energy source for lighting to parks and gardens, or where extending the existing power supply presents difficulties.

Standardisation of Light Poles

Develop standard multi-function pole infrastructure across City projects to provide consistency and efficiencies. This includes a suite of additions for the poles, including taxi signage, CCTV and Wi-Fi.

Priority Lighting Projects

Night time audits have identified the following areas for prioritising lighting improvements: St Georges Terrace; Roe Street; West Perth; East Perth; Wellington Square; Sherwood Court and Howard Street; and Fielder Street.



Refinement of the Strategy through Consultation With the purpose of refining the document and ensuring that there would be broad community support for the final Lighting Strategy, the following stakeholders were invited to provide feedback: REIWA Chamber of Commerce MRWA Public Utilities Office (former Office of Energy) WALGA DOP Western Power State Member for Perth MRA National Trust Heritage Council Property Council WA Police Retail Traders Association Big N Heritage Perth Perth Observatory Committee for Perth East Perth Community Safety Group Illuminating Engineering Society of Australia & New Zealand (IES)

Summary of External Stakeholder Feedback In May 2014, external stakeholders were invited to comment on the Draft Lighting Strategy. The period for comment closed on 30 June 2014. There was a general high level of support from those who responded. Several members of the public responded to the invitation on the city’s website, also with a high level of support. The City received an unusually high response indicating a low level of support from the astronomy community; the main concern was about any increased light pollution. This issue has now been addressed in the final Lighting Strategy. A breakdown of key comments received from external stakeholders is as follows: Night Time Economy Most respondents supported an initiative to encourage people to remain in the city at night with benefits for the retail trade and an increase in the night time economy.



Sustainability All respondents provided strong support for energy efficiency, reducing greenhouse gases and the prevention of light pollution. Stakeholders from the property industry and government agencies suggested more of a focus on energy efficiency, while a minority of respondents didn’t believe the city was doing enough to prevent light pollution.

Safety and Crime A small minority of stakeholders disputed any evidence that good public lighting improves safety and reduces crime.

Lighting Taskforce Strong support was evident from representatives of government agencies and property groups for the establishment of a Lighting Taskforce.

Heritage Heritage groups support a strategy that will highlight the distinctive features of selected heritage buildings.

Transport Comments from the cycling community suggested improved lighting of the shared paths in the Perth CBD. FINANCIAL IMPLICATIONS: The Action Plan (refer to Schedule 32) sets out a schedule of activities and lighting projects that are already identified in the Long Term Financial Plan. Currently, the total estimated cost associated with the Action Plan is $16.35 million. However, in addition to the existing planned activities, further projects and initiatives may be identified as the City develops a stronger focus on public lighting. In particular, if a Lighting Taskforce is established, it is probable that various new projects will be identified for Council’s consideration. It is therefore proposed to review the Action Plan on a regular basis as a means of considering any new projects; re-ordering priorities; and assisting with the preparation of future financial plans. It is noted that all new project proposals will need to go through a gateways process so that any financial implications can be identified, discussed and approved before projects proceed to being funded. There is a potential resource cost should a Lighting Co-ordinator be appointed. This will be determined by the Lighting Taskforce.

COMMENTS:

As the convenience of internet shopping increases, the city and its shopping facilities will need to increase the visual value of a visitor’s experience and equate it with the



value of merchandise on offer. Planners and retailers will need to provide visual environments that are sufficiently stimulating and attractive to draw and retain people in large numbers. Lighting will play a critical role in shaping future retail environments, particularly as much of their use will be during leisure periods that increasingly occur at night. It is also possible to achieve additional economic benefits by encouraging greater use of the city at night by visitors and residents alike. In addition to extending retail trade, city centres have the unique opportunity to enrich people’s lives through increased cultural activities and events. Good public lighting, as well as special events and lighting festivals, are critical aspects to extending the vibrancy of city life into the evening and night time. The development and implementation of the lighting strategy is also important for current redevelopment projects such as Elizabeth Quay and Perth City Link which will require a consistent design application in order to properly integrate with the city. It is therefore considered timely for Perth to adopt a strategy for public lighting and through this process, make critical decisions to ensure the city is developed in a sustainable manner, as well as build a strong and unique night-time identity. The adoption of the City of Perth Lighting Strategy and Action Plan is a major first step towards this achievement. Moved by Cr Limnios, seconded by Cr McEvoy That Council: 1. adopts the City of Perth Lighting Strategy, attached as Schedule 31,

noting that the aim of the strategy is to provide a framework for future decision-making associated with improving the lighting of the city;

2. notes a general high level of support from stakeholders, as detailed in Schedule 33;

3. notes that the overall aim, objectives and principles within the City of Perth Lighting Strategy are consistent with the international LUCI charter, of which the City of the Perth was the first capital city in Australia to have become a member;

4. endorses the Action Plan, attached as Schedule 32, noting that the Plan is consistent with the Council’s Capital Works Program and budgets and will be developed and reviewed over time.






AGENDA ITEM 19 FINAL CONCEPT PLAN – BARRACK STREET TWO-WAY CONVERSION AND ENHANCEMENT PROJECT In accordance with the Council’s previous resolution to change the order of business, the above noted agenda item 19 originally listed in the agenda at this point, was dealt with at 539/14.

548/14 FINAL CONCEPT PLAN – SUPREME COURT GARDENS

BACKGROUND:

FILE REFERENCE: P1029653 REPORTING OFFICER: Rita Soudo, Senior Urban Designer RESPONSIBLE DIRECTOR: Martin Mileham, Director City Planning and Development DATE: 10 November 2014 MAP / SCHEDULE: Schedule 38 – Final Concept Report

Schedule 39 – Landscape Concept Plan Schedule 40 – Concept Images and Sections

The Committee recommendation to the Council for this report was resolved by the Works and Urban Development Committee at its meeting held on 25 November 2014. The Committee recommendation to the Council is the same as that recommended by the Officers. As part of the overall development of Elizabeth Quay, the State Government committed to funding upgrading works to Supreme Court Gardens to ensure that various public events could continue to be accommodated on the Foreshore. This undertaking was formalised in the Perth Esplanade Reserve and Associated Land Agreement 2012. It is noted that the State Government's responsibility to upgrade Supreme Court Gardens was subsequently transferred from the Western Australian Planning Commission (WAPC) to the Metropolitan Redevelopment Authority (MRA). Initial discussions between the MRA and the City resulted in an agreed approach whereby the City, in liaison with the MRA, will deliver the upgrade of the Gardens within a budget of $3.1 million, funded by the State Government.



The project start-up meeting was held on the 20 May 2014 as a result of contract number 102–13/14 for consultancy services being awarded to the design team headed up by Ecoscape (Australia) Pty Ltd. At its meeting held on 18 August 2014, the Works and Urban Development Committee received the draft concept plan for the upgrade of the Gardens and noted that many key elements included in the plan could not be implemented without a significant increase to the current committed funds of $3.1 million. The Chief Executive Officer subsequently wrote to the MRA seeking an increase in funding to enable the full upgrade of the Gardens as illustrated in the draft Concept Plan. In response, the MRA have recently advised that at this stage no further funds would be committed for the upgrade works and suggested the project should continue to be planned within the $3.1 million limit. The MRA offered to reconsider the City’s request in early-mid 2015 once the Elizabeth Quay’s public realm and inlet are established. The Concept Plan has consequently been refined and it has been identified that the Stage 1 works are considered to be a minimum scope to upgrade the Gardens to a standard that will support ongoing public events. This Report provides details of the Concept Plan, proposed Stage 1 Works and estimated program for implementation.



Corporate Business Plan Council Four Year Priorities: Living in Perth S9 Promote and facilitate CBD living 9.3 Enhance and maintain public spaces and streets to


Strategic Community Plan

Council Four Year Priorities: Community Outcome Living in Perth The City is a place where a diverse range of people choose to live for a unique sustainable urban lifestyle and access to government and private services.

DETAILS:

The Gardens were developed in the early 1900s following the reclamation of the area from the river. The Supreme Court Conservation Plan (1998) states that, while the Gardens have evolved since the 1920s, their design strongly reflects the Paradise Garden style. The Gardens also developed from providing a context to the Supreme Court to being an important area for social life in the city. It is intended that any upgrade of the Gardens will respect the historic value of the place and build on the original design intent of providing a robust place for public recreation within the city.



A number of key elements have been identified and included in the proposed upgrade of the Gardens, incorporated in the Final Concept Report (refer to Schedule 38). Design Principles and Key Elements The main issues associated with developing the Concept Plan were associated with protecting the values identified in the Site Analysis and treating them in accordance with Australia ICOMOS Burra Charter and the conservation plan in particular. The cultural values of the Gardens – values that relate to the utility of the open space, vegetated perimeter, the presence of mature trees – are not affected by the proposed changes. The Paradise Garden style is also an element of significance that will be protected and enhanced. Adding to the above-stated cultural integrity of the Gardens, the main design principles are: Improved views to the Supreme Court building; Improved formal landscape setting for Supreme Court building; Reinforce the sense of enclosure within the space; Maintain an open and robust central area for events; Create illusion of expensive open space; and Meandering paths network around the perimeter.

By considering the main design principles and design intent, the broader outcomes for the Gardens upgrade are: Conservation and enhancement of significant landscape; Protection and restoration of existing heritage and historical references; Improved and robust events facilities/capabilities; Improved setting for Supreme Court building; Upgraded public toilet; Connected pedestrian pathways; Improved settings for memorials; Relocated and redesigned commemorative sundial; Efficient storm water drainage; Upgraded public lighting, sewerage, communications and reticulation; and Universal access and CPTED principles compliance. Further details are provided in Schedules 38, 39 and 40. Preliminary Cost Plan The Concept Plan includes a preliminary Cost Plan by a quantity surveyor. All costs associated with delivering ‘Main Works’ has been kept within a total project budget of $3.1 million. This fully-funded scope of work is considered to be Stage 1, allowing further development of the Gardens in the future if and when funding opportunities



arise. The capital cost for Stage 1 is approximately $2.5 million with the professional fees and project management costs contributing to the total project budget of $3.1 million. The consultant team have also identified and estimated additional works that were considered to be highly desirable, but currently unbudgeted, such as: Public toilet full upgrade (Appendix A); New Public toilet (Appendix B); MRA potential design changes (Appendix C); Key activation elements (Appendix D); and Supreme Court integration (Appendix E). The additional works recommended in Section 6 of the Final Concept Report could be implemented as a future Stage 2 Works, or as a series or minor upgrades over a longer period of time. Project Program The following table sets out the current program compared with the original baseline program developed at project start-up:

Program – Supreme Court Gardens Upgrade

STAGE Baseline Original

Program (Start-Up) Current Program &

Key Milestones

Project Commencement September 2013 20 May 2014

Construction Commencement September 2015 15 September 2015

Project Completion March 2016 27 April 2016

Close-Out and Handover September 2016 23 November 2016 Next Steps Following approval of the Concept Report, various statutory approvals will be initiated. It is noted that the Project Team has a Heritage Consultant engaged to assist with developing the plan as well as any statutory requirements. It is further noted that the Heritage Council of WA has been represented on the Project Reference Group. Concurrent with initiating statutory approvals, design development and documentation will commence. The various time allocations per consultancy stage have been reviewed and adjusted: Design Development – 5 weeks. Detailed Design 15% – 4 weeks. Detailed Design 85% – 3 weeks. Detailed Design 100% – 1 week. Construction Specification – 2 weeks.



FINANCIAL IMPLICATIONS: ACCOUNT NO: CW1564 BUDGET ITEM: N/A BUDGET PAGE NUMBER: N/A BUDGETED AMOUNT (2014/15): $565,580 AMOUNT SPENT TO DATE: $ 69,915 PROPOSED COST: - BALANCE: $495,665 The budget listed above for 2014/15 represents the first instalment of funds from the MRA on behalf of the State Government towards this upgrading project. In total, the State has confirmed a maximum commitment of $3.1 million for upgrading works to Supreme Court Gardens. All figures quoted in this report are exclusive of GST.

COMMENTS:

To implement the full scope of the Concept Plan, including new public toilets, it is estimated that an overall project budget of $5.4 million would be required. The MRA have recently reconfirmed that the State Government’s contribution to upgrading Supreme Court Gardens is capped at $3.1 million, as part its obligation under the Perth Esplanade Reserve and Associated Land Agreement, 2012. The development of the Concept Plan has been structured in such a manner that it does not necessarily require all works to be undertaken concurrently. All of the ‘Main Works’ associated with improvements to the Gardens for public events have been kept within a cost limit of $3.1 million. This scope is considered to represent Stage 1 Works, and includes the following: upgrade to public toilets; relocation of maintenance sheds; services, drainage and irrigation improvements; upgrade to existing public lighting; paving and landscape improvements; and heritage and interpretation elements. The opportunity remains available for either the City or the State, or collaboration between both parties, to consider additional funding of items within the Concept Plan as a future Stage 2 or as a series of minor improvements over an extended period of time. Importantly, the current level of funding of $3.1 million is considered adequate to proceed with key enhancement works to the Gardens to accommodate large public events into the future.



It is recommended to adopt the overall Concept Plan as a comprehensive framework for future development and to proceed with Stage 1 Works as a matter of priority. It is noted that all funding for Stage 1 will be provided by the State Government. Moved by Cr Limnios, seconded by Cr McEvoy That Council: 1. approves the Supreme Court Gardens Concept Plan, dated 11

November 2014, to guide future development of this important city park;

2. notes that the Metropolitan Redevelopment Authority has confirmed that at this point in time, no additional funding to the existing $3.1 million will be made available to implement the Final Concept Plan, however future reimbursement of some additional costs may be possible;

3. authorises the development and implementation of Stage 1, based on the ‘Mains Works’ listed in the cost plan, noting that this scope is fully budgeted for within the projects current $3.1 million funding program, including: 3.1 upgrade to public toilets; 3.2 relocation of maintenance sheds; 3.3 services, drainage and irrigation improvements; 3.4 upgrade to existing public lighting; 3.5 paving and landscape improvements; 3.6 heritage and interpretation elements.





549/14 URILIFT RETRACTABLE TOILET – TRIAL IN NORTHBRIDGE

BACKGROUND:

FILE REFERENCE: P1030736 REPORTING OFFICER: Kim Johnson, Urban Designer RESPONSIBLE DIRECTOR: Martin Mileham, Director City Planning and Development DATE: 10 November 2014 MAP / SCHEDULE: Schedule 41 – Proposed Urilift and Location The Committee recommendation to the Council for this report was resolved by the Works and Urban Development Committee at its meeting held on 25 November 2014. The Committee recommendation to the Council is the same as that recommended by the Officers. At its meeting held on 5 June 2012, Council noted the completion of the City of Perth Public Toilet Plan 2011-2016. One of the recommendations was to further consider the inclusion of retractable Urilifts. Self-cleaning footpath urinals such as the retractable Urilift have been successfully used in other parts of the world and have been shown to decrease urination in public areas at night. They also have the benefit of ‘disappearing’ below ground during the day time.



Corporate Business Plan Council Four Year Priorities: Living in Perth: The City is a place where a diverse range of people choose to live for a unique sustainable urban lifestyle and access to government and private services. S9 Promote and facilitate CBD living. IP19 Enhance and maintain public spaces and streets to


It is noted that under the City’s Sole Supplier procedure, the procurement of a Urilift facility will be through Splashdown (Aust) Corporate Bathroom Rentals Pty Ltd, sole distributor in Australia and New Zealand for Urilift International (Netherlands).



DETAILS:

Location It has been identified that public urination is of particular concern in areas of Northridge near pubs and clubs which trade late in the evening / early morning. The location for the proposed Urilift urinal trial is on the northern footpath at the intersection of James Street and Milligan Street. This site has been identified as an appropriate location for the Urilift for the following reasons: It is close to nearby pubs / clubs. Its proximity to the super taxi rank on Milligan Street. It is adjacent to Russell Square, where public urination occurs. It is in an open area with easy access to ensure the safety of the public. Operation of Urilift and Trial Times In order to operate the trial Urilift urinal for use, a City of Perth officer or contractor will visit the site with a remote control that operates the lifting and lowering of the urinal. This process takes approximately 2 minutes each time that the urinal is raised or lowered. The operational hours are yet to be determined. However, it is envisaged that the main times it will be used is on Friday and Saturday nights. For all other times during the week, the trial Uri-lift is to be in a retracted position (below ground). The operational hours will be reviewed once operations have commenced.


ACCOUNT NO: CW1756 BUDGET ITEM: APT INSTALLATIONS – CITY WIDE BUDGET PAGE NUMBER: 18 BUDGETED AMOUNT: $180,000 AMOUNT SPENT TO DATE: $ 13,350 PROPOSED COST: $175,000 BALANCE: $ 16,500 ANNUAL MAINTENANCE: $ 17,500 All figures quoted in this report are exclusive of GST.



COMMENTS:

The City of Perth’s Public Toilet Plan 2011-2016 recommends a trial using a retractable urinal in order to decrease public urination in places such as Northbridge where there is a busy night time economy. Considerable work has been undertaken to identify a suitable site that is: Within close proximity to pubs and clubs in Northbridge; On a key pedestrian route to public transport, for people leaving Northbridge

late at night; In a location / area known for its problems associated with public urination; In a safe location for both potential users and passers-by; Where there is the physical room to install this facility (that is, a space between

underground services in the footpath).

It is programmed that the Urilift trial will be fully operational before the end of June 2015. The facility will then be monitored to determine the degree of success it brings to the precinct and whether additional units should be considered for other locations in central Perth. Moved by Cr Limnios, seconded by Cr Butler That Council: 1. supports the installation of a single Urilift facility (consisting of

three urinals) as a trial in Northbridge, at the intersection of James Street and Milligan Street, as detailed in Schedule 41;

2. notes that the current program for procurement, delivery and installation estimates completion before the end of June 2015;

3. notes that monitoring of the Urilift will occur post-installation to determine whether this form of public toilet is considered to be successful and whether there may be other suitable locations for a similar facility.





Crs Adamos, Butler and Davidson disclosed an impartiality interest in Item 550/14 (detailed at Item 524/14).

I T E M N O :

OTHER REPORTS

550/14 PERTH THEATRE TRUST - NEW LEASE - PERTH CONCERT HALL

BACKGROUND:

FILE REFERENCE: P1030683 REPORTING OFFICER: Bill Clohesy, Senior Property Officer RESPONSIBLE DIRECTOR: Garry Dunne, Director City Services DATE: 3 December 2014 MAP / SCHEDULE: Schedule 42 – Lease Terms This report was submitted direct to Council due to limited time being available to consider the matter.


Legislation Section 3.58 of the Local Government Act 1995 Integrated Planning and Reporting Framework Implications

Corporate Business Plan Council Four Year Priorities: Capable and Responsive Organisation S20 Meaningful and contemporary community

engagement and communication IP36 Increase focus on promoting and marketing City

services and achievements

The lease on the Perth Concert Hall expired on 31 December 2013.

At its meeting held on 28 January 2014 Council resolved to hold over the lease to the Perth Theatre Trust of the Perth Concert Hall on a monthly basis until 31 December 2014 as permitted under Clause 15 of the lease. At its meeting held on 15 July 2014 Council resolved to give state wide public notice calling for Expressions of Interest (EOI) for the lease and management of the Perth Concert Hall for a period of 5 years. At its meeting held on 16 September 2014 Council authorised the Chief Executive Officer to enter into negotiations for a management lease for the Perth Concert Hall (PCH), in accordance with Regulation 30(2) of the Local Government (Functions and General) Regulations 1996, with the West Australian Government Department of



Culture and the Arts through the Perth Theatre Trust (PTT) and the West Australian Symphony Orchestra (WASO).

DETAILS:

The PTT and WASO have entered into an agreement to manage the Perth Concert Hall (PCH) for 12 months commencing 1 January 2015. The current agreement with AEG Ogden to manage the PCH will not be renewed when it expires on 31 December 2014. Part of the agreement between PTT and WASO is that PTT will hold a lease from the City of Perth over the PCH. On the 31 October 2014 the City provided the PTT with a letter confirming that Clause 15 (Holding Over) of the expired lease will be exercised on a month to month basis until 31 December 2015, to allow time to agree terms for a new lease and for PTT and WASO to gather information regarding the ongoing management of the building. This agreement may be terminated only upon agreement by both parties. Concern has been raised by the State Solicitors Office that the holding over clause does not guarantee absolute tenure until 31 December 2015. This has a flow on effect for the tenure of the staff that WASO has contracted for 12 months. Consequently the City has been requested to enter into a new Lease with PTT for a period of 12 months commencing 1 January 2015. Regulation 30(2)(c)(ii) of the Local Government Regulations (Functions and General) 1996 provides an exemption from application of Section 3.58 of the Local Government Act for the disposition of property to a “department, agency or instrumentality of the Crown in right of the State or the Commonwealth”. Under that exemption, there would be no requirement to advertise this proposal, if it receives the support of the Council, as the PTT is an instrumentality of the State Government.


There are no financial implications related to this report.

COMMENTS:

It is proposed that the City enters into a new lease with the PTT for a period of 12 months commencing 1 January 2015, under the terms and conditions of the previous lease with the following variations: That the acknowledgement that the premises may be occupied by Ogden

International Facilities Corporation (Perth) is amended to reflect that part of the premises may be occupied by the West Australian Symphony Orchestra, and

That the PTT not be required to undertake comprehensive reporting on events

and finances or any other key result areas while new measures are developed and agreed.



Moved by Cr Butler, seconded by Cr McEvoy That Council:

1. agrees to enter into a new lease to the Perth Theatre Trust (PTT) over the Perth Concert Hall for a period of 12 months from 1st January 2015;

2. agrees to vary the terms and conditions of the previous lease as

follows:

a. Clause 5.1 which acknowledges that the premises may be occupied by Ogden International Facilities Corporation (Perth) is amended to reflect that part of the premises may be occupied by the West Australian Symphony Orchestra;

b. Section 25 which currently requires the PTT to undertake

comprehensive reporting on events and finances be omitted while new measures are developed and agreed.



551/14 MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN

Nil

552/14 URGENT BUSINESS

Nil

553/14 CLOSE OF MEETING

6.52pm The Lord Mayor declared the meeting closed and thanked and

acknowledged all the Councillors, Executive and Administration for a busy and challenging year.