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ORDINARY COUNCIL MEETING MINUTES HELD ON TUESDAY 28 FEBRUARY 2017 AT 5.30 PM

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ORDINARY COUNCIL MEETING

MINUTES

HELD ON TUESDAY 28 FEBRUARY 2017

AT 5.30 PM

Ordinary Council Meeting - Minutes 28 FEBRUARY 2017

TABLE OF CONTENTS

ITEM SUBJECT HEADING PAGE 1 DECLARATION OF OFFICIAL OPENING 5

2 RECORDING OF ATTENDANCE, APOLOGIES AND LEAVES OF ABSENCE 6

2.1 ATTENDANCE 6

2.2 APOLOGIES 6

2.3 LEAVES OF ABSENCE 6

2.4 NEW REQUEST FOR A LEAVE OF ABSENCE 6

3 DELEGATIONS AND PETITIONS 6

3.1 DELEGATIONS 6

3.2 PETITIONS 6

4 PUBLIC QUESTION TIME 7

4.1 RESPONSE TO PREVIOUS QUESTIONS TAKEN ON NOTICE 7

4.2 QUESTIONS FROM MEMBERS OF THE PUBLIC 7

4.3 DEPUTATIONS OF THE PUBLIC 7

5 DECLARATIONS OF INTEREST 8

5.1 FINANCIAL INTEREST 8

5.2 PROXIMITY INTEREST 8

5.3 IMPARTIALITY INTEREST 8

5.4 INTEREST THAT MAY CAUSE A CONFLICT 8

5.5 STATEMENT OF GIFTS AND HOSPITALITY 8

6 ANNOUNCEMENTS BY THE PRESIDING MEMBER (WITHOUT DISCUSSION) 8

7 CONFIRMATION OF MINUTES 9

7.1 Ordinary Council Meeting 20 December 2016 9

7.2 Agenda Briefing Forum 14 February 2017 9

Ordinary Council Meeting - Minutes 28 FEBRUARY 2017

ITEM SUBJECT HEADING PAGE

Page 3

7.3 Concept Forum 14 February 2017 9

7.4 ANNUAL GENERAL MEETING OF ELECTORS 14 February 2017 10

8 CHIEF EXECUTIVE OFFICER REPORTS 11

URBAN PLANNING 11

8.1.1 Building Permits Issued 11

8.1.2 Internal Alterations and Window Additions: En suite Renovation: Lot 96

(No.21) Irvine Street Peppermint Grove. 12

8.1.3 Reduced Boundary Setback to Proposed Porch Addition: Lot 55 (No.26R)

Irvine Street Peppermint Grove. 16

8.1.4 Change of Use: Garage Conversion to Ancillary Dwelling: Lot 67 (27R

Irvine Street Peppermint Grove 20

8.1.5 Over-height Rear Wall and Gate Lot 104 (No.38) Leake Street Peppermint

Grove 24

8.1.6 Proposed Six-Lot Subdivision: Lot 90 (No.2) Bay View Terrace Peppermint

Grove 28

8.1.7 Proposed Two Lot Amalgamation and Subdivision (Boundary Re-

alignment) Lot Subdivision: Lots 123 & 40 (No.143) Forrest Street

Peppermint Grove 33

8.2 INFRASTRUCTURE 37

8.3 COMMUNITY DEVELOPMENT 37

8.4 MANAGEMENT / GOVERNANCE / POLICY 38

8.4.1 Mode of Election – 21 October 2017 38

8.5 CORPORATE 41

8.5.1 Financial Report – November 2016 41

8.5.2 Financial Report – December 2016 45

8.5.3 Accounts Paid – December 2016 & January 2017 49

9 NEW BUSINESS OF AN URGENT NATURE 52

9.1 LATE ITEM 52

9.1.1 Emergency Services Levy 52

9.1.2 Review of Management Category Definitions: Shire of Peppermint Grove

Municipal Inventory 55

Ordinary Council Meeting - Minutes 28 FEBRUARY 2017

ITEM SUBJECT HEADING PAGE

Page 4

9.1.3 Proposed Local Planning Policies & Revocation of Local Planning Polices;

Shire of Peppermint Grove Local Planning Scheme No.4 61

9.1.4 Appointment of Auditor 66

9.1.5 Heritage List LPS4 70

9 MOTIONS ON NOTICE 71

10 CONFIDENTIAL ITEMS OF BUSINESS 71

11 CLOSURE 71

Ordinary Council Meeting - Minutes 28 FEBRUARY 2017

ORDINARY COUNCIL MEETING MINUTES

28 FEBRUARY 2017

Minutes of the Shire of Peppermint Grove Ordinary Meeting of Council held at 1 Leake Street, Peppermint Grove Council Chambers on Tuesday 28 February 2017.

1DECLARATION OF OFFICIAL OPENING At 5.30pm, the Shire President declared the meeting open and requested that the Affirmation of Civic Duty and Responsibility be read aloud by a Councillor and requested the recording of attendance and apologies. The Post and Western Suburbs Weekly indicated that they were not recording the meeting. Cr. C Hohnen read the affirmation

Affirmation of Civic Duty and Responsibility

I make this Affirmation in good faith on behalf of Councillors and Officers of the Shire of Peppermint Grove. We collectively declare that we will duly, faithfully, honestly, and with integrity fulfil the duties of our respective office and positions for all the people in the district according to the best of our judgment and ability. We will observe the Shire’s Code of Conduct and meeting procedures to ensure the efficient, effective and orderly decision making within this forum.

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Page 6

2 RECORDING OF ATTENDANCE, APOLOGIES AND LEAVES OF ABSENCE 2.1 ATTENDANCE Shire President Cr R Thomas Deputy Shire President Cr C Hohnen Elected Member Cr K Farley Elected Member Cr S Fleay Elected Member Cr D Horrex Elected Member Cr p Macintosh Elected Member Cr G Peters Chief Executive Officer Mr John Merrick Manager Library and Community Services Ms D Burn (arrived 6.15pm) Manager Corporate Services Mr P Rawlings Manager Infrastructure Services Mr D Norgard Manager Development Services Mr M Whitbread Executive Officer Ms M Tabbakh (Minutes) Visitors Nil Gallery 1 Members of the Public 2 Members of the Press 2.2 APOLOGIES

Nil 2.3 LEAVES OF ABSENCE

Nil 2.4 NEW REQUEST FOR A LEAVE OF ABSENCE

Nil 3 DELEGATIONS AND PETITIONS 3.1 DELEGATIONS

Nil 3.2 PETITIONS

Nil

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Page 7

4 PUBLIC QUESTION TIME At 5.31pm the Presiding Member opened the public question time by asking the gallery if there were any questions or deputation for Council. “Rules for Council meeting Public Question Time” were noted in the Agenda. Copies of:

The Agenda

Question to Council and

Deputation Forms Were placed at the end of the Council Meeting table in front of the public gallery, for the public, prior to commencing the meeting, as well as on the Shire Webpage. 4.1 RESPONSE TO PREVIOUS QUESTIONS TAKEN ON NOTICE

Nil 4.2 QUESTIONS FROM MEMBERS OF THE PUBLIC

Nil 4.3 DEPUTATIONS OF THE PUBLIC Deputation 1 8.1.5 - Over-height Rear Wall and Gate Lot 104 (No.38) Leake Street, Peppermint Grove. Mr Warren Coli – Owner of the property – Asked Council to consider approval to build a three metre high rear wall and gate to prevent any further theft and burglary at his property. At 5.38 pm, there being no further questions the Presiding Member closed the public question time.

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Page 8

5 DECLARATIONS OF INTEREST Councillors / Staff are reminded of the requirements of section 5.65 of the Local Government Act 1995, to disclose any interest during the meeting when the matter is discussed, and also of the requirement to disclose an interest affecting impartiality under the Shire’s Code of Conduct. Councillors / staff are required to submit declarations of interest in writing on the prescribed form. 5.1 FINANCIAL INTEREST

Nil 5.2 PROXIMITY INTEREST Cr R Thomas – 8.1.2 - Internal Alterations and Window Additions: En-Suite Renovation: Lot 96 (No. 21) Irvine Street Peppermint Grove. Cr R Thomas – Western Neighbouring property. 5.3 IMPARTIALITY INTEREST

Nil 5.4 INTEREST THAT MAY CAUSE A CONFLICT

Nil 5.5 STATEMENT OF GIFTS AND HOSPITALITY

Nil

6 ANNOUNCEMENTS BY THE PRESIDING MEMBER (WITHOUT DISCUSSION) The Presiding Member announced the following:

The New Local Planning Scheme No. 4 has been approved by the Minister and is in the process for Gazettal. Many thanks to Michael Whitbread, Manager Development Service for his hard work.

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Page 9

7 CONFIRMATION OF MINUTES 7.1 ORDINARY COUNCIL MEETING 20 DECEMBER 2016

COUNCIL DECISION – 1003

MOVED: Cr P Macintosh, SECONDED: Cr C Hohnen That the Minutes of the Ordinary Council Meeting, of the Shire of Peppermint Grove held in the Council Chambers on 20 December 2016 be confirmed. CARRIED: 7/0

7.2 AGENDA BRIEFING FORUM 14 FEBRUARY 2017

COUNCIL DECISION – 1004

MOVED: Cr C Hohnen, SECONDED: Cr P Macintosh That the Minutes of the Agenda Briefing Forum, of the Shire of Peppermint Grove held in the Council Chambers on 14 February 2017 be confirmed. CARRIED: 7/0 7.3 CONCEPT FORUM 14 FEBRUARY 2017

COUNCIL DECISION – 1005

MOVED: Cr D Horrex, SECONDED: Cr S Fleay That the Minutes of the Concept Forum, of the Shire of Peppermint Grove held in the Council Chambers on 14 February 2017 be confirmed. CARRIED: 7/0

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7.4 ANNUAL GENERAL MEETING OF ELECTORS 14 FEBRUARY 2017

COUNCIL DECISION – 1006

MOVED: Cr P Macintosh, SECONDED: Cr S Fleay That the Minutes of the Annual General Meeting of Electors, of the Shire of Peppermint Grove held in the Council Chambers on 14 February 2017 be confirmed. CARRIED: 7/0

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8 CHIEF EXECUTIVE OFFICER REPORTS URBAN PLANNING

8.1.1 Building Permits Issued

For works which are excluded from requiring planning consent under the Deemed to Comply provisions of the Planning and Development Regulations 2015 for the period December 2016 to January 2017. No.19 Irvine Street, Peppermint Grove: Alterations and Additions Bedroom window and door. 25 Bindaring Parade Peppermint Grove: Below Ground Concrete Swimming Pool 47 Irvine Street, Peppermint Grove: Complete Demolition of two storey brick and metal house. (No replacement plans submitted as yet). 5 McNeil Street Peppermint Grove. `Pergola’ installation at the rear of the property

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At 5.41pm The Shire President R Thomas left the Council Chambers. The Deputy Shire President Cr C Hohnen presided in her absence.

DECLARATION OF INTEREST – PROXIMITY

Cr R Thomas – Western Neighbouring property.

8.1.2 Internal Alterations and Window Additions: En suite Renovation: Lot 96 (No.21) Irvine Street Peppermint Grove.

URBAN PLANNING ATTACHMENT DETAILS

Attachment No Details

Attachment 1 21 Irvine Street

Voting Requirement : Simple Majority Subject Index : Property Location / Property Index : 21 Irvine Street Application Index : 016/191 TPS No 3 Zoning : Residential R12.5 Land Use : Single Residential Lot Area : 1267m2 Disclosure of any Interest : Nil Previous Items : N/A Applicant : Quaine Constructions Owner : M Ward Responsible Officer : Michael Whitbread Manager of Development Services

COUNCIL ROLE

Advocacy When Council advocates on its own behalf or on behalf of its community to another level of government / body / agency.

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

Legislative Includes adopting local laws, town planning schemes & policies.

Review When Council reviews decisions made by Officers.

Quasi-Judicial When Council determines an application / matter that directly affect a person’s right and interests. The judicial character arises from the obligation to abide by the principles of natural justice. Examples of quasi-judicial authority include town

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planning applications, building licences, applications for other permits / licences (eg under Health Act, Dog Act or Local Laws) and other decisions that may be appealable to the State Administrative Tribunal.

PURPOSE OF REPORT For Council to determine an application for internal structural changes to a category 1 listed property at No. 21 Irvine Street, Peppermint Grove. The scope of works include the removal of portion of exterior walls and the gutting of a walk-in wardrobe and ensuite bathroom to facilitate renovations. SUMMARY AND KEY ISSUES

The form and fabric of the Category 1 place is to be retained.

The works would only affect a later addition.

A conditional approval is recommended. LOCATION Please refer to attached location plan BACKGROUND On 6 June 1984, a building licence was issued for the development of two-storey additions located at the rear of the house and involved the removal of the original lean to. Council at its meeting held on the 17 November 2003, granted planning consent for a new carport along the eastern boundary of the site, forward of the house, with an ensuite immediately behind, linked into the main bedroom of the house (it is this later addition which is the subject of the current application). This approval also included re-roofing of the 1984 additions and a detached rear garage and a verandah extension along the western elevation. Approval was issued in January 2005 for a fence of open aspect design. Council at its meeting held on the 10 March 2011, granted planning consent for the development of a deck and alfresco area at the rear of the house. An application for a below-ground concrete swimming pool was approved in September 2011 and the pool was completed in March 2012. CONSULTATION The scope of works proposed is considered minor as it involves changes to a single storey portion of the house, and the footprint of the dwelling is not being increased. The only reason a development application is required in this instance is the fact the house is on the Shire’s Heritage List.

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On this basis neighbour consultation was not considered necessary. STRATEGIC IMPLICATIONS There are no Strategic Plan implications evident at this time. POLICY IMPLICATIONS There are no Policy implications evident at this time. STATUTORY IMPLICATIONS Town Planning Scheme No.3 The proposal has been assessed in regard to the relevant Scheme provisions, Residential Design Codes and Scheme Policies and there are no changes to the footprint of the building. Heritage The single storey house on the site is listed as a category 1 place on the Shire’s heritage list and is described as a comparatively rare example, of a blended style of Federation Bungalow and Federation Queen Anne style residence. It was built in the period 1915 to 1920 for Reverend George Potts and the date sheet in the Municipal Inventory notes that the house is part of a cultural group. The scope of works proposed would not affect the heritage fabric of the house or alter its important contribution to the townscape of the western end of Irvine Street. FINANCIAL IMPLICATIONS There are no costs associated with the proposal evident at this time. ENVIRONMENTAL IMPLICATIONS There are no environmental implications at this time. SOCIAL IMPLICATIONS There are no social implications at this time.

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OFFICER COMMENT The scope of works is confined to the later additions and the plans submitted are concerned with the reconfiguration of the ensuite bathroom and walk-in wardrobe. As outlined in the heritage section of the report, the original core of the house is to be retained and unaltered. There are no objections to the proposal on either planning or heritage grounds, and on this basis, a conditional approval can be recommended.

OFFICER RECOMMENDATION/S – ITEM No. 8.1.2

That Council grant planning approval for alterations and additions on Lot 96 (No.21) Irvine Street, Peppermint Grove in accordance with the plans and specifications submitted on 9 December 2016, subject to the following conditions;

1. The development, the subject of this approval shall be commenced within two years of the date of issue of the consent forms, and completed at the conclusion of the third year.

2. The street verge adjacent to Lot 96 shall not be used for the storage of building materials, or site facilities.

COUNCIL DECISION – 1007

Moved: Cr S Fleay, Seconded: Cr D Horrex That Council grant planning approval for alterations and additions on Lot 96 (No.21) Irvine Street, Peppermint Grove in accordance with the plans and specifications submitted on 9 December 2016, subject to the following conditions;

1. The development, the subject of this approval shall be commenced within two years of the date of issue of the consent forms, and completed at the conclusion of the third year.

2. The street verge adjacent to Lot 96 shall not be used for the storage of building materials, or site facilities. CARRIED: 6/0

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At 5.44pm Shire President R Thomas returned to the Council Chambers.

8.1.3 Reduced Boundary Setback to Proposed Porch Addition: Lot 55 (No.26R) Irvine Street Peppermint Grove.

URBAN PLANNING

ATTACHMENT DETAILS

Attachment No Details

Attachment 2 26R Irvine Street

Voting Requirement : Simple Majority Subject Index : Property Location / Property Index : 26R Irvine Street Application Index : 016-185 TPS No 3 Zoning : Residential R12.5 Land Use : Single Residential Lot Area : 994m2 Disclosure of any Interest : Nil Previous Items : N/A Applicant : Marc Agland Owner : Marc Agland Responsible Officer : Michael Whitbread Manager of Development Services

COUNCIL ROLE

Advocacy When Council advocates on its own behalf or on behalf of its community to another level of government / body / agency.

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

Legislative Includes adopting local laws, town planning schemes & policies.

Review When Council reviews decisions made by Officers.

Quasi-Judicial When Council determines an application / matter that directly affect a person’s right and interests. The judicial character arises from the obligation to abide by the principles of natural justice. Examples of quasi-judicial authority include town planning applications, building licences, applications for other permits / licences (eg under Health Act, Dog Act or Local Laws) and other decisions that may be appealable to the State Administrative Tribunal.

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PURPOSE OF REPORT For Council to determine an application for a setback variation from 1.5-metres to 500mm along 8.9-metres of the western side boundary of this battle-axe Lot. SUMMARY AND KEY ISSUES

The proposed porch replaces a dilapidated similar structure in the same location.

There are no objections on planning grounds in this instance.

Conditional approval is recommended. LOCATION Please refer to attached location plan. BACKGROUND Nil CONSULTATION The adjoining/affected landowners were contacted in regard to the change of use and no written comments have been received at the time of writing the report. STRATEGIC IMPLICATIONS There are no Strategic Plan implications evident at this time. POLICY IMPLICATIONS There are no Policy implications evident at this time. STATUTORY IMPLICATIONS The application requests that Council exercise its discretion under Clause 5.1.3 (p3.1) `Lot boundary setbacks’ the Design-principles of the R-Codes. The garage additions and minor retaining works proposed and shown on the plans submitted do not require planning consent under the Planning and Development (Local Plaining Scheme Regulations 2015). Heritage There are no heritage issues associated with this application.

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FINANCIAL IMPLICATIONS There are no costs associated with the proposal evident at this time. ENVIRONMENTAL IMPLICATIONS There are no environmental implications at this time. SOCIAL IMPLICATIONS There are no social implications at this time. OFFICER COMMENT The proposal is part of a plan to provide covered secure and covered parking to the subject site. The garage and other minor works have been assessed as meeting the Deemed-to-comply provisions of the R-Codes. However, the location of the proposed porch/walkway, 500mm from the boundary requires Council to exercise its discretion under the Clause 5.1.3: (Design principles P3.1) of the R-Codes which permit such variations to boundary setbacks provided that there is no loss of amenity to adjoining properties via building bulk, overlooking and restriction of light and ventilation. A site visit revealed that the affected property, immediately adjoining the location of the proposed porch/covered walkway, has been developed as a tennis court. Furthermore, this flat roofed structure would hardly be visible and is a replacement for a similar structure, in the same location but with a nil setback. Given that there are no objections to the proposal on planning grounds a conditional approval can be recommended in this instance.

OFFICER RECOMMENDATION/S – ITEM No. 8.1.3

That Council grant planning approval for Porch Addition on Lot 55 (No.26R) Irvine Street, Peppermint Grove in accordance with the plans and specifications submitted on 6 February 2017, subject to the following conditions;

1. The development, the subject of this approval shall be commenced within two years of the date of issue of the consent forms, and completed at the conclusion of the third year.

2. The external face of the wall shall be finished to the satisfaction of the Chief Executive Officer of the Shire.

Advisory Note

i) The applicant is advised that during construction the adjoining right-of-way is to be kept clear at all times and not used for parking of trade and delivery vehicles.

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The Shire is able to issue parking infringement notices where rights-of-ways are blocked.

ii) The proponent is advised that Council in granting planning consent for the development

has assessed the proposal under the Design Principles of the Residential Design Codes in regard to the reduced setback to the western boundary.

COUNCIL DECISION – 1008

Moved: Cr K Farley, Seconded: Cr S Fleay That Council grant planning approval for Porch Addition on Lot 55 (No.26R) Irvine Street, Peppermint Grove in accordance with the plans and specifications submitted on 6 February 2017, subject to the following conditions;

1. The development, the subject of this approval shall be commenced within two years of the date of issue of the consent forms, and completed at the conclusion of the third year.

2. The external face of the wall shall be finished to the satisfaction of the Chief Executive Officer of the Shire.

Advisory Note

i) The applicant is advised that during construction the adjoining right-of-way is to be kept clear at all times and not used for parking of trade and delivery vehicles. The Shire is able to issue parking infringement notices where rights-of-ways are blocked.

ii) The proponent is advised that Council in granting planning consent for the

development has assessed the proposal under the Design Principles of the Residential Design Codes in regard to the reduced setback to the western boundary.

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8.1.4 Change of Use: Garage Conversion to Ancillary Dwelling: Lot 67 (27R Irvine Street Peppermint Grove

URBAN PLANNING

ATTACHMENT DETAILS

Attachment No Details

Attachment 3 27R Irvine Street

Voting Requirement : Simple Majority Subject Index : Property Location / Property Index : 27R Irvine Street Application Index : 016-192 TPS No 3 Zoning : Residential R12.5 Land Use : Single Residential Lot Area : 950m2 Disclosure of any Interest : Nil Previous Items : N/A Applicant : Charmaine Lobo Owner : Charmaine Lobo Responsible Officer : Michael Whitbread Manager of Development Services

COUNCIL ROLE

Advocacy When Council advocates on its own behalf or on behalf of its community to another level of government / body / agency.

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

Legislative Includes adopting local laws, town planning schemes & policies.

Review When Council reviews decisions made by Officers.

Quasi-Judicial When Council determines an application / matter that directly affect a person’s right and interests. The judicial character arises from the obligation to abide by the principles of natural justice. Examples of quasi-judicial authority include town planning applications, building licences, applications for other permits / licences (eg under Health Act, Dog Act or Local Laws) and other decisions that may be appealable to the State Administrative Tribunal.

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PURPOSE OF REPORT For Council to determine an application to convert a double garage to an ancillary dwelling. SUMMARY AND KEY ISSUES

The land use is permissible under LPS 4.

The site retains adequate on-site parking.

The proposal complies with the R-Codes.

Conditional approval is recommended. LOCATION Please refer to attached location plan BACKGROUND A building licence was issued on the 23 March 1984, for a two-storey brick and metal deck roof dwelling on this battle axe lot. CONSULTATION The adjoining/affected landowner was contacted in regard to the change of use and no written comment have been received. STRATEGIC IMPLICATIONS There are no Strategic Plan implications evident at this time. POLICY IMPLICATIONS There are no Policy implications evident at this time.

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STATUTORY IMPLICATIONS Local Planning Scheme No.4 The proposal has been assessed in regard to the relevant Scheme provisions, Residential Design Codes and Scheme Policies. The converted garage would comply with the new Scheme which stipulates that ancillary dwellings are to be single storey only. R-Codes The R-Codes set plot ratio limit of 70m2 for an additional dwelling. The proposed converted garage would have a floor area of 38m2 and would comply with this aspect of the R-Codes. As the plans do not contemplate an increase in the footprint of any buildings on the site and the setback would remain as is, the development of the site would continue to comply with the earlier approvals. The technical exception here is the garage which would not have been included in plot ratio calculation for the site. However, the conversion of the garage to a habitable space means that this floor area must now be included in the ratio calculation for the site. Local Planning Scheme No. 4 carries over the 0.50 plot ratio from Town Planning Scheme No. 3. As it currently stands, the plot ratio for the site is 0.20 and would increase to 0.24 if the conversion of the garage to an ancillary dwelling is approved by Council and would therefore continue to comply with this development standard. There is no requirement under the R-Codes for a single dwelling to provide on-site covered parking, however, it is necessary to make provision for at least two on-site hard stand car bays. A site visit revealed that there is adequate space for a minimum of two car parking bays to service the dwelling. In addition a single car parking bay is required for the ancillary dwelling and it is assessed that there is ample capacity on site for this to be provided. Heritage There are no heritage issues associated with this application. FINANCIAL IMPLICATIONS There are no costs associated with the proposal evident at this time. ENVIRONMENTAL IMPLICATIONS There are no environmental implications at this time. SOCIAL IMPLICATIONS There are no social implications at this time.

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OFFICER COMMENT There are no objections to the proposal on planning grounds, and on this basis, a conditional approval can be recommended.

OFFICER RECOMMENDATION/S – ITEM No.8.1.4

That Council grant planning approval for alterations and additions on Lot 67 (No.27R) Irvine Street, Peppermint Grove in accordance with the plans and specifications submitted on 21 December 2016, subject to the following conditions;

1. The development, the subject of this approval shall be commenced within two years of the date of issue of the consent forms, and completed at the conclusion of the third year.

2. The street verge adjacent to Lot 67 shall not be used for the storage of building materials, or site facilities.

COUNCIL DECISION – 1009

Moved: Cr C Hohnen, Seconded: Cr D Horrex That Council grant planning approval for alterations and additions on Lot 67 (No.27R) Irvine Street, Peppermint Grove in accordance with the plans and specifications submitted on 21 December 2016, subject to the following conditions;

1. The development, the subject of this approval shall be commenced within two years of the date of issue of the consent forms, and completed at the conclusion of the third year.

2. The street verge adjacent to Lot 67 shall not be used for the storage of building materials, or site facilities.

Carried: 7/0

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8.1.5 Over-height Rear Wall and Gate Lot 104 (No.38) Leake Street Peppermint Grove

URBAN PLANNING

ATTACHMENT DETAILS

Attachment No Details

Attachment 4 38 Leake Street

Voting Requirement : Simple Majority Subject Index : Property Location / Property Index : 38 Leake Street Application Index : 016-195 TPS No 3 Zoning : Residential R12.5 Land Use : Single Residential Lot Area : 1819m2 Disclosure of any Interest : Nil Previous Items : N/A Applicant : Cottesloe Constructions Owner : Linda Coli Responsible Officer : Michael Whitbread Manager of Development Services

COUNCIL ROLE

Advocacy When Council advocates on its own behalf or on behalf of its community to another level of government / body / agency.

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

Legislative Includes adopting local laws, town planning schemes & policies.

Review When Council reviews decisions made by Officers.

Quasi-Judicial When Council determines an application / matter that directly affect a person’s right and interests. The judicial character arises from the obligation to abide by the principles of natural justice. Examples of quasi-judicial authority include town planning applications, building licences, applications for other permits / licences (eg under Health Act, Dog Act or Local Laws) and other decisions that may be appealable to the State Administrative Tribunal.

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PURPOSE OF REPORT For Council to determine an application for an over-height wall, limestone wall along the rear boundary of the subject site. SUMMARY AND KEY ISSUES

The landowner has experienced security issues with the extant standard height wall.

There are no objections on planning grounds.

Conditional approval is recommended. LOCATION Please refer to attached location plan BACKGROUND The landowner met with Council staff in regard to recent security issues and initially proposed a 3.5-metre high wall. Subsequent discussions and negotiation for a reduced height of 3-metres for both construction and aesthetic purposes. CONSULTATION The adjoining/affected landowners were contacted in regard to the change of use and no written comments have been received at the time of writing the report. STRATEGIC IMPLICATIONS There are no Strategic Plan implications evident at this time. POLICY IMPLICATIONS There are no Policy implications evident at this time. STATUTORY IMPLICATIONS The Shire’s Fencing Local-law requires that boundary fences be a maximum of 1.8-metres in height. Above this height Council approval is required. At the same time working practice is to require a building permit for any wall over 2.1-metres in height due to the additional wind loads involved and obvious safety issues, especially when masonry or limestone is involved.

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Council is able to consider over height walls on merit. Heritage There are no heritage issues associated with this application. FINANCIAL IMPLICATIONS There are no costs associated with the proposal evident at this time. ENVIRONMENTAL IMPLICATIONS There are no environmental implications at this time. SOCIAL IMPLICATIONS There are no social implications at this time. OFFICER COMMENT There are a number of over-height walls along a number of laneways in the Shire. As outlined in many police reports on crime properties with two frontage, such as corner lots and those with rear laneways provide two exit points for intruders. By making access or egress difficult to scale can act to deter crime activity. Given that there are no objections to the proposal on planning grounds a conditional approval can be recommended in this instance.

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OFFICER RECOMMENDATION/S – ITEM No.8.1.5

That Council grant planning approval for a three metre high rear boundary wall and gate on Lot 104 (No.38) Leake Street, Peppermint Grove in accordance with the plans and specifications submitted on 6 February 2017, subject to the following conditions;

1. The development, the subject of this approval shall be commenced within two years of the date of issue of the consent forms, and completed at the conclusion of the third year.

2. The external face of the wall shall be finished to the satisfaction of the Chief Executive Officer of the Shire.

Advisory Note

i) The applicant is advised that during construction the adjoining right-of-way is to be kept clear at all times and not used for parking of trade and delivery vehicles. The Shire is able to issue parking infringement notices where rights-of-ways are blocked.

COUNCIL DECISION – 1010

Moved: Cr C Hohnen, Seconded: Cr K Farley That Council defer this item to the next Council Meeting, 28 March 2016, pending discussions with the applicant and neighbour, with a view to modifying the height and design of the wall. CARRIED: 7/0

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8.1.6 Proposed Six-Lot Subdivision: Lot 90 (No.2) Bay View Terrace Peppermint Grove

URBAN PLANNING

ATTACHMENT DETAILS

Attachment No Details

Attachment 5 Lot 90 Bay view Terrace

Voting Requirement : Simple Majority Subject Index : Property Location / Property Index : Lot 90 Bayview Terrace Application Index : LP158P TPS No 3 Zoning : Residential R10 & R25 Land Use : Vacant Lot Area : 6582m2 Disclosure of any Interest : Nil Previous Items : N/A Applicant : TPG Planning Consultants Owner : Radhika Oswal Responsible Officer : Michael Whitbread Manager of Development Services

COUNCIL ROLE

Advocacy When Council advocates on its own behalf or on behalf of its community to another level of government / body / agency.

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

Legislative Includes adopting local laws, town planning schemes & policies.

Review When Council reviews decisions made by Officers.

Quasi-Judicial When Council determines an application / matter that directly affect a person’s right and interests. The judicial character arises from the obligation to abide by the principles of natural justice. Examples of quasi-judicial authority include town planning applications, building licences, applications for other permits / licences (eg under Health Act, Dog Act or Local Laws) and other decisions that may be appealable to the State Administrative Tribunal.

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PURPOSE OF REPORT For Council to provide comment and a recommendations to the Western Australian Planning Commission in regard to an application. SUMMARY AND KEY ISSUES

The plan of subdivision complies with the Scheme and density code(s) applicable to the site.

Fill is required to enable vehicle access to the western most lots from Keane Street and to ensure levels are above the crown of the road.

Conditional approval can be recommended to the WAPC.

LOCATION Please refer to attached location plan BACKGROUND The subject site needs no introduction and has been the subject of numerous reports to Council over many years. In late 2016, the incomplete and non-habitable single dwelling, commenced in 2008, was demolished by the Shire following a drawn out legal process. It is worth noting that prior to the construction of the Oswal Mansion significant cutting of up to several metres into this sloping site on the western boundary was undertaken to accommodate the domes within the 10-metre height limit under Town Planning Scheme No.3. Several lots comprising the former Talbot Hobbs Bungalow site on the corner of Keene Street and Bay View Terrace were amalgamated to form Lot 90 in October 2007 (WAPC 134784 refers), including two lots on the northern end of Bungalow Court, zoned R25, resulting in the subject site hosting two residential density codes. In an effort to remove this planning anomaly it was recently proposed during the processing of Local Planning Scheme No.4, that the entire site be re-coded to R10 following the overwhelming objection to the proposed split code of R10/30. However, the planning department staff involved in the drafting of the report to the Statutory Planning Committee while acknowledging this situation advised that the original zoning be retained at this stage so as not to hold up the passage of the new Local Planning Scheme. Furthermore, the Shire was advised that following gazettal of the new Scheme during 2017, that a minor amendment be put forward for a single density code for Lot 90 of R10. CONSULTATION The zoning and density code applicable to the site was adopted following an extensive public consultation process. This implies that providing that the lot areas met those prescribed under table 1 of the R-Codes and any relevant Scheme provisions no further consultation would be necessary.

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STRATEGIC IMPLICATIONS There are no strategic planning implications associated with this application. POLICY IMPLICATIONS There are no Policy implications evident at this time. STATUTORY IMPLICATIONS The application was made to the Western Australian Planning Commission, which is the determining authority for the subdivision of land in the State. At part of the subdivision process applications are referred to the Local Authority for comment prior to determination by the WAPC The Shire records indicated that a Cash in Lieu of Public Open Space contribution was made in response to previous subdivisional works on the super block of which this site was part of. FINANCIAL IMPLICATIONS There are no costs associated with the proposal evident at this time. ENVIRONMENTAL IMPLICATIONS There are environmental/health implications associated with the proposed subdivision which may arise due to the degree of fill necessary to raise the proposed lots at the western end of the site, adjoining the right-of-way at this time. SOCIAL IMPLICATIONS There are no social implications at this time. OFFICER COMMENT Under Town Planning Scheme No.3 and draft Local Planning Scheme No.4 the subject site is zoned R10, with two small portions totalling 800m2 zoned R25 adjacent to the northern end of Bungalow Court cul-de-sac. For the purposes of subdivision, the vast majority of the site, approximately 5700m2 is coded R10. Under this density code the prescribed minimum lot area is 875m2 with an average lot area of 1000m2. The plan of subdivision submitted indicates six-lots, ranging in size from 1000m2 to 1154m2 which would comply with table 1 of the R-Codes in terms of minimum and average lot areas. Subdivision applications are considered an appropriate time to impose wherever necessary corner truncations to ensure that adequate sightlines is provided. However, both the corner of Bayview Terrace and Keane Street, as well as Keane Street and the right-of-way have

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been truncated to an acceptable standard and no further ceding of land for such purpose is warranted in this instance. The proposed lot layout is supported as it reflects in terms of frontage and orientation the existing pattern of subdivision opposite the site. This layout will ensure that new housing would allow for the completion of this portion of the Keane Street streetscape The contract that the Shire entered into for the demolition works was limited to the dwelling only, and did not include the three large underground concrete rainwater collection tanks. During the demolition works the owner of the site was given the opportunity to have thee tanks removed while the demolition contractors heavy machinery was mobilised, however this offer was not taken up. It is important to ensure that when land is subdivided that the new lots are free of any uncontrolled fill or redundant structures (both above and below ground) for two reasons. Firstly, it ensures that purchasers of land have certainty that the land can be built on without unnecessary additional costs or delays. Secondly, the Shire (and the WAPC) `sign off’ on the subdivision to enable titles to be issued and there is vicarious liability if lots are created, but are not ready to be built upon, particularly if there are any remanent structures. In this instance it is known from verifying with the builder, that there are three large underground rainwater tanks located along the Keane Street boundary which should be removed prior to final clearance. Site levels are an important consideration in regard to this site. When the Oswal Mansion was approved for construction in 2007-8 considerable cutting into the site was carried out to accommodate the domes, so that the house remained below the height limit of 10-metres set down in the scheme. The plans submitted for subdivision also indicate the introduction of up to approximately 2-metres of fill to enable proposed lots 1 and 2 to have vehicle access to Keane Street. These new levels are somewhat lower than the original level of this site, but creates level areas within the proposed lot boundaries. In the event that a future landowner wished to introduce a further 500mm of fill to one of these lots, as provided for in the R-Codes, there would be no negative impacts to neighbours or to this Keane Street streetscape. . There are no objections to the proposed six-lot subdivision, and a recommendation of a conditional approval can be made to the WAPC.

OFFICER RECOMMENDATION/S – ITEM No. 8.1.6

That Council advises the Western Australian Planning Commission that it recommends approval for the proposed six lot subdivision at No.2 Bayview Terrace Peppermint Grove subject to the following conditions;

1. The street trees adjacent to Lot 90 (corner Keane Street and Bay View Terrace) shall

be protected during the subdivisional earth works required to fill the site. No earth

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moving equipment or fill materials shall be stored on the street verge or within the drip line of the adjacent street tree(s).

2. All improvements on the site, including the three underground rainwater storage tanks, shall be removed from the site and the land filled and certified by a qualified engineer to the satisfaction of the Local Authority.

3. Prior to the commencement of any earthworks a dust management plan shall be submitted to the satisfaction of the Local Authority.

4. The dust management plan shall be implemented to the satisfaction of the Local Authority.

5. At the completion of the earthworks associated with the land shall be stabilised with this development

COUNCIL DECISION – 1011

Moved: Cr K Farley, Seconded: Cr C Hohnen That Council advises the Western Australian Planning Commission that it recommends approval for the proposed six lot subdivision at No.2 Bayview Terrace Peppermint Grove subject to the following conditions;

1. The street trees adjacent to Lot 90 (corner Keane Street and Bay View Terrace)

shall be protected during the subdivisional earth works required to fill the site. No earth moving equipment or fill materials shall be stored on the street verge or within the drip line of the adjacent street tree(s).

2. All improvements on the site, including the three underground rainwater storage tanks, shall be removed from the site and the land filled and certified by a qualified engineer to the satisfaction of the Local Authority.

3. Prior to the commencement of any earthworks a dust management plan shall be submitted to the satisfaction of the Local Authority.

4. The dust management plan shall be implemented to the satisfaction of the Local Authority.

5. At the completion of the earthworks associated with the land shall be stabilised with this development

CARRIED: 7/0

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8.1.7 Proposed Two Lot Amalgamation and Subdivision (Boundary Re-alignment) Lot Subdivision: Lots 123 & 40 (No.143) Forrest Street Peppermint Grove

URBAN PLANNING

ATTACHMENT DETAILS

Attachment No Details

Attachment 6 143 Forrest Street

Voting Requirement : Simple Majority Subject Index : Property Location / Property Index : No 143 Forrest Street. Application Index : WAPC 1580 TPS No 3 Zoning : Residential R12.5 Land Use : Single Dwellings Lot Area : 6582m2 Disclosure of any Interest : Nil Previous Items : N/A Applicant : Driscols Land Surveyors. Owner : Lisa Catherine Blakiston Responsible Officer : Michael Whitbread Manager of Development Services

COUNCIL ROLE

Advocacy When Council advocates on its own behalf or on behalf of its community to another level of government / body / agency.

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

Legislative Includes adopting local laws, town planning schemes & policies.

Review When Council reviews decisions made by Officers.

Quasi-Judicial When Council determines an application / matter that directly affect a person’s right and interests. The judicial character arises from the obligation to abide by the principles of natural justice. Examples of quasi-judicial authority include town planning applications, building licences, applications for other permits / licences (eg under Health Act, Dog Act or Local Laws) and other decisions that may be appealable to the State Administrative Tribunal.

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PURPOSE OF REPORT For Council to provide comment and a recommendations to the Western Australian Planning Commission in regard to an application for an amalgamation and re subdivision of two extant lots. SUMMARY AND KEY ISSUES

The plan of subdivision complies with the Scheme and density code applicable to the site.

Conditional approval can be recommended to the WAPC.

LOCATION Please refer to attached location plan BACKGROUND Nil CONSULTATION No consultation was carried out as the subdivision must in any event meet the requirements of the density code applicable to the locality. STRATEGIC IMPLICATIONS There are no strategic planning implications associated with this application. POLICY IMPLICATIONS There are no Policy implications evident at this time. STATUTORY IMPLICATIONS The application was made to the Western Australian Planning Commission, which is the determining authority for the subdivision of land in the State. As part of the subdivision process applications are referred to the Local Authority for comment prior to determination by the WAPC FINANCIAL IMPLICATIONS There are no costs associated with the proposal evident at this time. ENVIRONMENTAL IMPLICATIONS There are no environmental implications at this time.

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SOCIAL IMPLICATIONS There are no social implications at this time.

OFFICER COMMENT The proposed boundary re-alignment will reduce the area of the eastern parcel of land known as Lot 123 from 921m2 to 853m2. Adjoining Lot 40 will increase in size from 1233m2 to 1302m2. Both resulting lots would still comply with table of the R-Codes which require a minimum of 700m2 and an average of 800m2 for land Codes R12.5. Subdivision applications are considered an appropriate time to impose wherever necessary corner truncations to ensure that adequate sightlines are provided. Currently there is no truncation to the corner of the right-of-way that adjoins the eastern boundary of Lot 123 and the ceding free of cost of a 3-metre by 3 metre condition has been recommended. The new boundary alignment is proposed to run along a wall to the smaller single storey house on the eastern lot. Although this wall is denoted as a parapet on the surveyor’s plan of subdivision it was built some years ago and would still need to demonstrate compliance with fire separation provision of the Construction Code of Australia. A condition requiring certification by a qualified building surveyor has been included within the `Officer Recommendation’ section of this report. There are no objections to the proposed boundary re-alignment proposed in the subdivision application and a recommendation of a conditional approval can be made to the WAPC.

OFFICER RECOMMENDATION/S – ITEM No. 8.1.7

That Council advises the Western Australian Planning Commission that it recommends approval for the proposed two lot amalgamation and subdivision at Lots 123 & 40 (No 143) Forrest Street Peppermint Grove subject to the following conditions;

1. That a 3-metres by 3-metres truncation be ceded free of the cost to the Local Authority on the northern eastern corner of the lot adjoining the right-of-way.

2. The applicant providing certification by a qualified building surveyor that the parapet wall to be placed on the new common boundary between Lots 123 & 40 would comply with the fire separation provisions of the Construction Code of Australia.

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COUNCIL DECISION – 1012

Moved: Cr C Hohnen, Seconded: Cr D Horrex That Council advises the Western Australian Planning Commission that it recommends approval for the proposed two lot amalgamation and subdivision at Lots 123 & 40 (No 143) Forrest Street Peppermint Grove subject to the following conditions;

1. That a 3-metres by 3-metres truncation be ceded free of the cost to the Local Authority on the northern eastern corner of the lot adjoining the right-of-way.

2. The applicant providing certification by a qualified building surveyor that the parapet wall to be placed on the new common boundary between Lots 123 & 40 would comply with the fire separation provisions of the Construction Code of Australia.

CARRIED: 7/0

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8.2 INFRASTRUCTURE

Nil 8.3 COMMUNITY DEVELOPMENT

Nil

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8.4 MANAGEMENT / GOVERNANCE / POLICY

8.4.1 Mode of Election – 21 October 2017

MANAGEMENT/GOVERNANCE/POLICY

ATTACHMENT DETAILS

Attachment No Details

Attachment 7 Letter – Electoral Commissioner

Voting Requirement : Absolute Majority Subject Index : GV054D 2015 Local Government Elections Location / Property Index : N/A Application Index : N/A TPS No 3 Zoning : N/A Land Use : N/A Lot Area : N/A Disclosure of any Interest : N/A Previous Items : N/A Applicant : N/A Owner : N/A Responsible Officer : John Merrick, Chief Executive Officer

COUNCIL ROLE

Advocacy When Council advocates on its own behalf or on behalf of its community to another level of government / body / agency.

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

Legislative Includes adopting local laws, town planning schemes & policies.

Review When Council reviews decisions made by Officers.

Quasi-Judicial When Council determines an application / matter that directly affect a person’s right and interests. The judicial character arises from the obligation to abide by the principles of natural justice. Examples of quasi-judicial authority include town planning applications, building licences, applications for other permits / licences (eg under Health Act, Dog Act or Local Laws) and other decisions that may be appealable to the State Administrative Tribunal.

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PURPOSE OF REPORT Council’s consideration of the mode of election at the 2017 Ordinary Local Government Election on 21st October 2017. SUMMARY AND KEY ISSUES

Notification of the next election day

Quotation for the WA Electoral Commission for $14000. (attachment)

LOCATION N/A BACKGROUND Council has previously resolved to have postal voting as the mode of election in previous elections, whereby the WAEC appoints a returning officer for all aspects of the election. CONSULTATION There has been no specific consultation undertaken in respect to this matter. STRATEGIC IMPLICATIONS There are no Strategic Plan implications evident at this time. POLICY IMPLICATIONS There are no significant policy implications evident at this time. STATUTORY IMPLICATIONS Local Government Act 1995 Section 4.20(5) Local Government (Election) Regulations. FINANCIAL IMPLICATIONS An amount of $14,000 has been quoted by the WAEC and which will be provided in the 2017/18 budget.in the 2017/18 budget. ENVIRONMENTAL IMPLICATIONS There are no environmental implications at this time.

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SOCIAL IMPLICATIONS There are no social implications at this time. OFFICER COMMENT Council has resolved to hold the Ordinary Local Government Elections by postal vote for the past four elections. The postal voting mode has traditionally attracted a higher voter turnout than in person elections. The WAEC provides an impartial service which removes Council staff from the process and which includes all advertising and administration.

OFFICER RECOMMENDATION/S – ITEM No. 8.4.1

That Council requests that the WAEC be responsible for the 2017 Local Government Elections through a postal vote.

COUNCIL DECISION – 1013

Moved: Cr C Hohnen, Seconded: Cr K Farley That Council requests that the WAEC be responsible for the 2017 Local Government Elections through a postal vote. CARRIED: 7/0

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8.5 CORPORATE

8.5.1 Financial Report – November 2016

CORPORATE

ATTACHMENT DETAILS

Attachment No Details

Attachment 8 Financial Report – November 2016

Voting Requirement : Simple Majority Subject Index : FM026A Location / Property Index : N/A Application Index : N/A TPS No 3 Zoning : N/A Land Use : N/A Lot Area : N/A Disclosure of any Interest : Nil Previous Items : N/A Applicant : N/A Owner : N/A Responsible Officer : Paul Rawlings, Manager, Corporate Services

COUNCIL ROLE

Advocacy When Council advocates on its own behalf or on behalf of its community to another level of government / body / agency.

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

Legislative Includes adopting local laws, town planning schemes & policies.

Review When Council reviews decisions made by Officers.

Quasi-Judicial When Council determines an application / matter that directly affect a person’s right and interests. The judicial character arises from the obligation to abide by the principles of natural justice. Examples of quasi-judicial authority include town planning applications, building licences, applications for other permits / licences (eg under Health Act, Dog Act or Local Laws) and other decisions that may be appealable to the State Administrative Tribunal.

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PURPOSE OF REPORT To provide Council with a report of financial activity for the period 1 July 2016 to 30 November 2016. SUMMARY AND KEY ISSUES

The financial report for the five-month period ended 30 November 2016, indicates a year-to-date surplus of $2,695,731, some $200,331 more than forecast;

Operating revenue is some $100,088 more than forecast.

Operating expenditure is some $11,824 more than forecast;

Capital expenditure totalling $121,399 has been incurred.

LOCATION N/A BACKGROUND Nil CONSULTATION There has been no specific consultation undertaken in respect to this matter. STRATEGIC IMPLICATIONS There are no Strategic Plan implications evident at this time. POLICY IMPLICATIONS There are no significant policy implications evident at this time. STATUTORY IMPLICATIONS There are no specific statutory requirements in respect to this matter. FINANCIAL IMPLICATIONS There are no specific financial implications (other than the budget amendments adopted at the December 2016 meeting emanating from an additional $105,000 surplus brought/forward from 2015/16) at this time. However, recent discussions with the Dept. of Local Government suggests a downward revision of this year’s depreciation expenses may be required following that agency’s decision to standardise fair value revaluations to the 30th June 2017 for (in our case) buildings meaning 2016/17 building depreciation expense is to be written back against the asset revaluation reserve.

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Originally Council’s buildings were to be revalued at 1 July 2016 (being three years since their initial fair value revaluation) and then depreciated throughout 2016/17 based on the revised values. ENVIRONMENTAL IMPLICATIONS There are no environmental implications at this time. SOCIAL IMPLICATIONS There are no social implications at this time. OFFICER COMMENT The following comments relate to variances greater than $10,000. (1) Fees & Charges Revenue from fees and charges is some $74,676 greater than forecast at the end of November. This figure has been inflated by the raising of an invoice ($88,680) to Mrs R Oswal for the cost of demolishing her partly completed residence at 2 Bay View Terrace. (2) Contributions & Reimbursements Revenue from contributions and reimbursements is some $29,392 greater than forecast at the end of November. This is due to the unbudgeted raising of contributions from other local governments for long service leave due to S Farley ($9,800) and P Rawlings ($19,200). This additional revenue will be transferred to the two staff leave reserves in due course to offset the cost of payments to these employees when they take the leave. Further contributions for long service leave owing to D Norgard ($10,900) will be raised in April 2017 and treated in a similar manner. (3) Employee Costs Employee costs are some $13,571 less than expected. This figure mainly represents staff salaries and wages to be accounted for (accrued) as at 30th June 2017. (4) Materials and Contracts Materials and contracts expenses are some $57,253 more than expected due mainly to the cost of demolishing Mrs Oswal’s partly completed residence at 2 Bay View Terrace ($88,680), offset by invoices relating to November yet to be received and processed. (5) Utilities Utilities expenses are some $14,548 lower than anticipated. However, the majority of such “savings” are related to the timing of electricity bills for the second half of October and all of November not received (and processed) until December. These invoices totalled around $9,300. (6) Insurances

Council’s total insurance premiums for 2016/17 are some $17,310 less than estimated. The

majority of these savings relates to worker’s compensation premium savings for the current

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year plus a premium adjustment from 2015/16 rebated in 2016/17. Other minor savings have

been achieved under the industrial special risks, liability and vehicle insurance categories.

(7) Net Current Assets July 1 B/fwd

As discussed at the September 2016 meeting the net current assets (surplus) brought

forward exceeded the 2016/17 estimate by some $105,386. This was dealt with as part of

the budget review at the December 2016 meeting.

(8) Net Current Assets Year-to-Date

Net current assets as at 30 November 2016, exceed the forecast figure by some $200,331,

due to the greater-than expected surplus brought forward from 2015/16 and the actual

versus budget variances noted above.

OFFICER RECOMMENDATION/S – ITEM No. 8.5.1

That the Financial Report for the period 1 July 2016 to 30 November 2016 be received.

COUNCIL DECISION – 1014

Moved: Cr S Fleay, Seconded: Cr P Macintosh That the Financial Report for the period 1 July 2016 to 30 November 2016 be received. CARRIED: 7/0

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8.5.2 Financial Report – December 2016

CORPORATE

ATTACHMENT DETAILS

Attachment No Details

Attachment 9 Financial Report – December 2016

Voting Requirement : Simple Majority Subject Index : FM026A Location / Property Index : N/A Application Index : N/A TPS No 3 Zoning : N/A Land Use : N/A Lot Area : N/A Disclosure of any Interest : Nil Previous Items : N/A Applicant : N/A Owner : N/A Responsible Officer : Paul Rawlings, Manager, Corporate Services

COUNCIL ROLE

Advocacy When Council advocates on its own behalf or on behalf of its community to another level of government / body / agency.

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

Legislative Includes adopting local laws, town planning schemes & policies.

Review When Council reviews decisions made by Officers.

Quasi-Judicial When Council determines an application / matter that directly affect a person’s right and interests. The judicial character arises from the obligation to abide by the principles of natural justice. Examples of quasi-judicial authority include town planning applications, building licences, applications for other permits / licences (eg under Health Act, Dog Act or Local Laws) and other decisions that may be appealable to the State Administrative Tribunal.

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PURPOSE OF REPORT To provide Council with a report of financial activity for the period 1 July 2016 to 31 December 2016. SUMMARY AND KEY ISSUES

The financial report for the six-month period ended 31 December 2016, indicates a year-to-date surplus of $2,352,480, some $75,482 more than forecast;

Operating revenue is some $23,954 more than forecast.

Operating expenditure is some $51,945 less than forecast;

Capital expenditure totalling $121,399 has been incurred.

LOCATION N/A BACKGROUND Nil CONSULTATION There has been no specific consultation undertaken in respect to this matter. STRATEGIC IMPLICATIONS There are no Strategic Plan implications evident at this time. POLICY IMPLICATIONS There are no significant policy implications evident at this time. STATUTORY IMPLICATIONS There are no specific statutory requirements in respect to this matter. FINANCIAL IMPLICATIONS There are no specific financial implications at this time. Council’s 2016/17 budget forecast a surplus of around $230,000 at 30th June 2017. The financial performance to date suggest that this figure will be achieved if not exceeded. ENVIRONMENTAL IMPLICATIONS There are no environmental implications at this time.

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SOCIAL IMPLICATIONS There are no social implications at this time. OFFICER COMMENT The following comments relate to variances greater than $10,000. (1) Contributions & Reimbursements Revenue from contributions and reimbursements is some $29,459 greater than forecast at the end of November. This is due to the unbudgeted raising of contributions from other local governments for long service leave due to S Farley ($9,800) and P Rawlings ($19,200). This additional revenue will be transferred to the two staff leave reserves in due course to offset the cost of payments to these employees when they take the leave. Further contributions for long service leave owing to D Norgard ($10,900) will be raised in April 2017 and treated in a similar manner. (2) Interest on Investments A combination of historically-low term deposit interest rates, delays in sending out rates instalments reminders and poor cash flow resulting from a higher than-usual number of “delinquent” rates assessments has impacted Council’s ability to derive interest on investments. The interest budget will be further examined as part of the annual budget review in March. (3) Employee Costs Employee costs are some $12,722 less than expected. This figure mainly represents staff salaries and wages to be accounted for (accrued) as at 30th June 2017. (4) Utilities Utilities expenses are some $11,969 lower than anticipated. This figure includes electricity expenses up until 8th December 2016. Subsequent electricity bills including a portion of January totalled around $5,500 suggesting that the revised utility budget for 2016/17 should be achieved comfortably. (5) Insurances

Council’s total insurance premiums for 2016/17 are some $17,310 less than estimated. The

majority of these savings relates to worker’s compensation premium savings for the current

year plus a premium adjustment from 2015/16 rebated in 2016/17. Other minor savings have

been achieved under the industrial special risks, liability and vehicle insurance categories.

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(6) Net Current Assets Year-to-Date

Net current assets as at 30 November 2016 exceed the forecast figure by some $75,482,

due mainly to the actual versus budget variances noted above.

OFFICER RECOMMENDATION/S – ITEM No. 8.5.2

That the Financial Report for the period 1 July 2016 to 31 December 2016 be received.

COUNCIL DECISION – 1015

Moved: Cr C Hohnen, Seconded: Cr P Macintosh That the Financial Report for the period 1 July 2016 to 31 December 2016 be received. CARRIED: 7/0

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8.5.3 Accounts Paid – December 2016 & January 2017

CORPORATE

ATTACHMENT DETAILS

Attachment No Details

Attachment 10 Accounts Paid – December 2016 & January 2017

Voting Requirement : Simple Majority Subject Index : FM045A Location / Property Index : N/A Application Index : N/A TPS No 3 Zoning : N/A Land Use : N/A Lot Area : N/A Disclosure of any Interest : N/A Previous Items : N/A Applicant : N/A Owner : N/A Responsible Officer : Paul Rawlings, Manager Corporate Services

COUNCIL ROLE

Advocacy When Council advocates on its own behalf or on behalf of its community to another level of government / body / agency.

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

Legislative Includes adopting local laws, town planning schemes & policies.

Review When Council reviews decisions made by Officers.

Quasi-Judicial When Council determines an application / matter that directly affect a person’s right and interests. The judicial character arises from the obligation to abide by the principles of natural justice. Examples of quasi-judicial authority include town planning applications, building licences, applications for other permits / licences (eg under Health Act, Dog Act or Local Laws) and other decisions that may be appealable to the State Administrative Tribunal.

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PURPOSE OF REPORT The purpose of this report is to obtain approval for cheques drawn, credit card and electronic funds payments and direct debits since the last report. SUMMARY AND KEY ISSUES

Significant payments in December 2016 & January 2017 included the following: - GST & PAYG remittance to ATO; - Payment for electricity to Synergy; - Payments for waste disposal to WMRC; - Staff & Shire superannuation contributions.

LOCATION N/A BACKGROUND Attachment 1 lists details of all cheques drawn since the last report and accounts now presented for payment. The following summarises the cheques, credit card payments, electronic fund transfers, direct debits and accounts included in the list presented for payment. PAYMENT TYPE AMOUNT Credit Card Transactions $20,731.59 Cheques 234 – 248 $45,250.81 Electronic Funds Transfers 00038 – 00056 (excl. $20,731.59- credit cards) $809,388.75 TOTAL $875,371.15 CONSULTATION There has been no specific consultation undertaken in respect to this matter. STRATEGIC IMPLICATIONS There are no Strategic Plan implications evident at this time. POLICY IMPLICATIONS There are no significant policy implications evident at this time. STATUTORY IMPLICATIONS There are no specific statutory requirements in respect to this matter.

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FINANCIAL IMPLICATIONS The payments processed by the Shire relate to expenditure approved in the 2016/2017 annual budget (as amended).

ENVIRONMENTAL IMPLICATIONS There are no environmental implications at this time. SOCIAL IMPLICATIONS There are no social implications at this time. OFFICER COMMENT Nil

OFFICER RECOMMENDATION/S – ITEM No. 8.5.3

That: The payment of cheques, electronic funds payments and credit card payments for December 2016 and January 2017, totalling $875,371.15 be approved.

COUNCIL DECISION – 1016

Moved: Cr S Fleay, Seconded: Cr C Hohnen That: The payment of cheques, electronic funds payments and credit card payments for December 2016 and January 2017, totalling $875,371.15 be approved. CARRIED: 7/0

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9 NEW BUSINESS OF AN URGENT NATURE 9.1 LATE ITEM

9.1.1 Emergency Services Levy

MANAGEMENT/GOVERNANCE/POLICY

ATTACHMENT DETAILS

Attachment No Details

Attachment 1 Late Items Review of the Emergency Services Levy

Voting Requirement : Simple Majority Subject Index : File Ref: FM091C Location / Property Index : N/A Application Index : N/A TPS No 3 Zoning : N/A Land Use : N/A Lot Area : N/A Disclosure of any Interest : N/A Previous Items : N/A Applicant : N/A Owner : N/A Responsible Officer : John Merrick, Chief Executive Officer

COUNCIL ROLE

Advocacy When Council advocates on its own behalf or on behalf of its community to another level of government / body / agency.

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

Legislative Includes adopting local laws, town planning schemes & policies.

Review When Council reviews decisions made by Officers.

Quasi-Judicial When Council determines an application / matter that directly affect a person’s right and interests. The judicial character arises from the obligation to abide by the principles of natural justice. Examples of quasi-judicial authority include town planning applications, building licences, applications for other permits / licences (eg under Health Act, Dog Act or Local

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Laws) and other decisions that may be appealable to the State Administrative Tribunal.

PURPOSE OF REPORT To submit a response to a survey on the Emergency Services Levy. SUMMARY AND KEY ISSUES Nil LOCATION N/A BACKGROUND Council has been invited to submit a response to a survey on the Emergency Services Levy initiated by WALGA following reports by investigations after the Margaret River and Yarloop fires. Both of those reports recommended the adoption of more transparent details of the allocation of the money collected by Local Governments to ensure that resources where being directed to the appropriate areas. For instance, the WA Farmers Federation believes that the establishment of a Rural Fire Service would have a far more positive impact on the management of bush fires, particularly in non and outer metropolitan areas. CONSULTATION There has been no specific consultation undertaken in respect to this matter. STRATEGIC IMPLICATIONS There are no Strategic Plan implications evident at this time. POLICY IMPLICATIONS There are no significant policy implications evident at this time. STATUTORY IMPLICATIONS There are no specific statutory requirements in respect to this matter. FINANCIAL IMPLICATIONS There are no financial implications evident at this time.

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ENVIRONMENTAL IMPLICATIONS There are no environmental implications at this time. SOCIAL IMPLICATIONS There are no social implications at this time. OFFICER COMMENT Currently, the income from the Emergency Services Levy is spent on professional fire fighters, SES and volunteer bush fire brigades in rural areas. This expenditure includes the funding of salaries, equipment and machinery to fight fires, and equipment and resources to the SES for services such as the LEMAC, of which we participate with Lee-Anne Low, Facility & Program Coordinator, as our representative. Lee-Anne Low has indicated that our local LEMAC has established emergency management plans for the western suburbs with the Grove being declared as an emergency shelter in the event of a significant emergency arising. While Council has been well catered for in terms of resources being available to establish a strategic response to emergency management, little information is made available on where or how much, is directed to the different areas of emergency management from the Emergency Services Levy. Council may agree that transparency is a major requirement for the expenditure of public money and, therefore, that the recommendations for greater accountability by two investigations be supported.

OFFICER RECOMMENDATION/S – ITEM No. 9.1.1

That Council respond to WALGA through the ESL survey that it supports full transparency of the expenditure of ESL funds collected by Local Governments so that Councils are able to inform rate payers how these funds are distributed.

COUNCIL DECISION – 1017

Moved: Cr K Farley, Seconded: Cr P Macintosh That Council respond to WALGA through the ESL survey that it supports full transparency of the expenditure of ESL funds collected by Local Governments so that Councils are able to inform rate payers how these funds are distributed. CARRIED: 7/0

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9.1.2 Review of Management Category Definitions: Shire of Peppermint Grove Municipal Inventory

URBAN PLANNING

ATTACHMENT DETAILS

Attachment No Details

Attachment 2 Late Items Distribution Map Category 1 & 2

Voting Requirement : Simple Majority Subject Index : Location / Property Index : N/A Application Index : N/A TPS No 3 Zoning : N/A Land Use : N/A Lot Area : N/A Disclosure of any Interest : Nil Previous Items : N/A Applicant : N/A Owner : N/A Responsible Officer : Michael Whitbread Manager of Development Services

COUNCIL ROLE

Advocacy When Council advocates on its own behalf or on behalf of its community to another level of government / body / agency.

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

Legislative Includes adopting local laws, town planning schemes & policies.

Review When Council reviews decisions made by Officers.

Quasi-Judicial When Council determines an application / matter that directly affect a person’s right and interests. The judicial character arises from the obligation to abide by the principles of natural justice. Examples of quasi-judicial authority include town planning applications, building licences, applications for other permits / licences (eg under Health Act, Dog Act or Local Laws) and other decisions that may be appealable to the State Administrative Tribunal.

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PURPOSE OF REPORT For Council to consider revising the management Category 2 definition under the Municipal Inventory in light of the long term impact on the cultural heritage of the Shire if demolition is at the landowner’s discretion. SUMMARY AND KEY ISSUES

The current management categories for the Municipal Inventory have not been reviewed since 1999.

Revision of Municipal Inventory Category 2 is recommended to accord with SPP 3.5.

A revised definition for Category 2 places has been recommended.

LOCATION Please refer to the attached location plan. BACKGROUND In 1999 Council entered 165 places on the Shire’s Municipal Inventory. Of these places 116 were Category 1 buildings, and 49 Category 2 places. Over the last 17 years, 16 (or 32%) of the 49 Category 2 places, have been demolished. In the same period only 2 of the Category 1 places were approved by Council for demolition. The two management categories under the Municipal Inventory are: Category 1; ‘Building’s which due to their character create the atmosphere of Peppermint Grove, therefore should be retained, but may be altered or extended in a manner which is both discrete and sympathetic to the original fabric and character so that a significant proportion of the original building is retained and from the street the additions are seen to be a continuation of the same fabric and character.’ Category 2; `Buildings which also contribute to the character and atmosphere of Peppermint Grove. These buildings may be altered or extended in a manner which recognises and retains some original features or which may be demolished, but the replacement building should recognise, by its position, the adjoining residence and precinct. The owner to provide an archival record for any building demolished under this category and the Shire to provide a plaque for inclusion in the adjoining footpath to recognise the cultural significance of the property.’

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CONSULTATION The owners of places currently listed as Category 2 on the Shire’s heritage list are aware that they are able to demolish their property based on the merits of the position of any replacement dwelling. Heritage listing has often been perceived as restricting an owner’s enjoyment of land, and therefore any proposed change in the definition of a Category 2 place would require in the first instance direct consultation with affected land owners. Part 3 of the Planning and Development (Local Planning Schemes) Regulations 2015 prescribes the process for altering the status of a heritage place. This requires the written notification to the owner of the affected land outlining the reasons for the modification to the entry of a place on the Heritage Register.

STRATEGIC IMPLICATIONS Changes to the definitions under the Shire’s Municipal Inventory would be in line with the overall sentiment in the community for the retention of the Shire heritage building which create its `...character and atmosphere’ POLICY IMPLICATIONS A Local Planning Policy on Heritage is under consideration by Council at this meeting and is intended to provide guidance on the treatment of heritage places. This policy takes into account the fact that some future heritage reports may assess some places as not warranting retention. The clause below has been included in this draft policy to provide the basis for conditions of approval if planning consent is given for the demolition of a heritage place. Demolition and Recording of Heritage Places. In accordance with State Planning Policy 3.5 demolition of heritage places should be avoided wherever possible. However, if following further historical research it is assessed by a qualified heritage architect that demolition can be supported, the replacement building should recognise, by its position, the adjoining residence and precinct. The owner to provide an archival record for any building demolished under this category and the Shire to provide a plaque for inclusion in the adjoining footpath to recognise the cultural significance of the property. STATUTORY IMPLICATIONS Local Planning Scheme No.4 LPS 4 make provision for the identification of places and precincts of cultural heritage significance.

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The Scheme also allows for the development of Local Planning Policies to provide guidance to Council, landowners and their architects and designers in regard to a range of planning matters including heritage protection. State Planning Policy (SPP 3.5) In 2005 the Western Australian Planning Commission adopted Historic Heritage Conservation Policy 3.5, which outlines the best practice for the management of heritage place, identifying urban character. Under Clause 6.0 of this policy entitled Development Control Principles it outlines the matters that should be considered in relation to planning applications affecting a heritage place or precinct. Specifically, under Clause 6.6 entitled Demolition of a heritage place (including a place within a heritage area) it states; • Demolition of a State heritage place is rarely appropriate and should require the strongest justification. Demolition of a local heritage place should be avoided wherever possible, although there will be circumstances where demolition is justified. The onus rests with the applicant to provide a clear justification for it. • Demolition approval should not be expected simply because redevelopment is a more attractive economic proposition, or because a building has been neglected. Consideration of a demolition proposal should be based upon the significance of the building or place; the feasibility of restoring or adapting it, or incorporating it into new development; the extent to which the community would benefit from the proposed redevelopment; and any local planning policies relating to the demolition of heritage places. This policy, along with a growing awareness of the value of heritage to the identity of a community, and has seen a steady increase in support in many local authorities for the adoption of broader heritage preservation measures at a local level. OFFICER’S COMMENT The difference in the retention rates between the management categories in the MI comes down to the fact that the definition of a Category 2 place includes the right of demolition by the landowner. In recent cases where buildings have been assessed for inclusion on the MI, it has been argued at Council meetings by both the Shire’s and the landowner’s heritage consultants, that although a building met the criteria for listing as a Category 2 place demolition would not be a desirable outcome from a local perspective. This seems to indicate that it may be time to re-evaluate the management categories used in the Shire’s MI, so that the default setting becomes retention of a building in the first instance rather than demolition. Allowing demolition as of right as in the recent case of No. 58 The Esplanade, brings home the point that unless a house, regardless of it streetscape contribution, is not outstanding in its own right, then it can, and probably will be, demolished at some point in time.

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Two years ago the previous owners of No.12 The Esplanade and recently No.52 The Esplanade approached the Shire seeking a change to the management Category from 1 to 2. In other words seeking to open the way for demolition of these buildings. No doubt this type of pressure will continue if there is a perception that demolition under at least one of the categories of the MI is possible. Although Council has the ability under LPS 4 (Deemed provisions) to require a re-assessment of a heritage place, this particular path has its issues in that it still does not guarantee retention if the place is found to fit the Category 2 definition in any event. Secondly the degree of certainty inherent in a heritage listing in always in doubt with a Category 2 property. These issues are not uncommon in heritage management and the comparison table below indicates how various similar local authorities, (those inner urban suburbs founded before or during the turn of the 20th century) have dealt with their MI management categories.

LGA Management Categories

Categories allowing demolition as of right

Categories prohibiting demolition

Vincent A & B Nil A & B

Fremantle 1(a), 1(b), 2, 3 & `Record only’

Category 7 `Record only’

1(a), 1(b), 2 & 3

Claremont A & B Nil A & B

Mosman Park 1, 2 & 3 Nil 1,2 & 3

Peppermint Grove

1 & 2 Category 2 Category 1

Cottesloe 7 Categories in total. NB. Category 4 is for historic sites and vegetation.

Category 3, 5 and 6 need photo record. Category 7 is already demolished buildings

1 & 2 (State Register)

In each case where demolition is permitted the onus is on the landowner to demonstrate why the building should not be retained. This is not to say that demolition would become impossible, but rather that it was not automatic. At the same time these LGA’s have strict streetscape and design policies, particularly in those areas characterised by small lots with modest cottages such as parts of Subiaco, and Mt Hawthorn for instance. The Shire has been experiencing an increased rate of redevelopment in recent years and there is no reason to expect this to decrease. This means that there will be a likelihood that further Category 2 buildings will be demolished, which would erode the heritage fabric in the Shire.

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It is therefore recommended at this time that the management definition for a Category 1 remain as is and that the definition of a Category 2 place be amended to read; Category 2

Buildings which also contribute to the character and atmosphere of Peppermint Grove.

These buildings may be altered or extended in a manner which recognises and retains some

original features and retains the heritage contribution of the building to the streetscape.

It is also proposed to add as a footnote to the MI the following extract from SPP 3.5.

(Demolition of a local heritage place should be avoided wherever possible, although there will be circumstances where demolition is justified. The onus rests with the applicant to provide a clear justification for it. (State Planning Policy 3.5). At the completion of the mandatory 21 day consultation period with affected landowners a further report will be submitted to Council advising of the submissions received.

OFFICER RECOMMENDATION/S – ITEM No. 9.1.2

1. That Council adopt the modified definition of a Category 2 place under the MI for the

purposes of consultation with affected landowners.

2. That landowners of Category 2 places be notified in accordance with the Part 3 (8)

(3) of the Deemed Provisions the Planning and Development (Local Planning

Schemes) Regulations 2015.

COUNCIL DECISION – 1018

Moved: Cr K Farley, Seconded: Cr C Hohnen

1. That Council adopt the modified definition of a Category 2 place under the MI for the purposes of consultation with affected landowners.

2. That landowners of Category 2 places be notified in accordance with the Part 3

(8) (3) of the Deemed Provisions the Planning and Development (Local Planning

Schemes) Regulations 2015.

CARRIED: 7/0

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9.1.3 Proposed Local Planning Policies & Revocation of Local Planning Polices; Shire of Peppermint Grove Local Planning Scheme No.4

URBAN PLANNING ATTACHMENT DETAILS

Attachment No Details

Attachment 3 Late Items Local Planning Policies

Voting Requirement : Absolute Majority Subject Index : Location / Property Index : N/A Application Index : N/A TPS No 3 Zoning : N/A Land Use : N/A Lot Area : N/A Disclosure of any Interest : Nil Previous Items : Item 4.1.1 Concept Forum Agenda 10 February 2015. Applicant : N/A Owner : N/A Responsible Officer : Michael Whitbread Manager of Development Services

COUNCIL ROLE

Advocacy When Council advocates on its own behalf or on behalf of its community to another level of government / body / agency.

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

Legislative Includes adopting local laws, town planning schemes & policies.

Review When Council reviews decisions made by Officers.

Quasi-Judicial When Council determines an application / matter that directly affect a person’s right and interests. The judicial character arises from the obligation to abide by the principles of natural justice. Examples of quasi-judicial authority include town planning applications, building licences, applications for other permits / licences (eg under Health Act, Dog Act or Local Laws) and other decisions that may be appealable to the State Administrative Tribunal.

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PURPOSE OF REPORT For Council to consider adopting for the purposes of public advertising, the attached draft Local Planning Policies (LPPs’) 1 through 6, to be used in conjunction with Local Planning Scheme No.4. These policies form an important element of the local planning framework, as defined under the Residential Design Codes. SUMMARY AND KEY ISSUES

Local Planning Schemes continue to be subject to WAPC policy of standardisation via the Model Scheme Text.

Local Planning Policies have the ability to provide development criteria that ensure local residential character is protected.

Local Planning Policies provide a detailed framework to provide certainty to residents and the development industry on the interpretation of sections of the Scheme and R-Codes.

BACKGROUND Community consultation in regard to a new Local Planning Scheme indicated that there was a strong desire for the Shire to maintain its local character. Furthermore, the Catalyse Survey (2011) also indicated that residents overwhelming preference was the preservation of streetscapes in the Shire and maintenance of development standards. This view was reinforced during the public consultation phase for Local Planning Scheme No.4 in 2015. At the same time local development control issues, no longer permitted as stand-alone clauses in Schemes, can be addressed by way of LPP’s. These planning instruments to complement proposed Local Planning Scheme No.4 and can add a further layer of information and consistency for applicants, the community and to aid Council in decision making. CONSULTATION Under the provisions of the Planning and Development Regulations (Local Planning Schemes) Regulations 2015, LPP’s are required to be advertised for 21 days via a local newspaper. In addition to this minimum requirement it is proposed to make copies available on the Shire’s website. STRATEGIC IMPLICATIONS The adoption of appropriate Local Planning Policies will be an important means of the Shires implementing its local planning strategy in regard to the preservation of the character and amenity of the Shire as well as its heritage streetscapes and buildings.

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POLICY IMPLICATIONS The proposed new policies represent a response to planning issues in the Shire in light of the changes to development controls in the new Scheme, and experience gained in the assessment process. STATUTORY IMPLICATIONS The attached draft LPP’s are proposed to be adopted under Local Planning Scheme No. 4 which was recently signed off by the Minister and is anticipated to be gazetted in March 2017. FINANCIAL IMPLICATIONS There are minor costs associated with the advertising of the draft LPP’s for the 21 day period. ENVIRONMENTAL IMPLICATIONS There are no environmental implications at this time. SOCIAL IMPLICATIONS There are no social implications at this time. OFFICER COMMENT Under Clause 26 of Local Planning Scheme No 4, Council has carried over a combination of development control provisions that have determined development in the Shire for nearly 60 years. These include the 9-metre primary street setback (in lieu of the 7.5-metre setback in the R-Codes), a secondary street setback of 4.5-metres and a plot ratio of 0.5. Under Clause 7.1 of the R-Codes entitled `Local Planning Framework’, Council is able to adopt Local Planning Policies provided they are; `… consistent with the provisions of the R-Codes insofar as it guides the consideration of the decision maker to judge proposals.’ This means that LPP’s are able to deal with a number of development control matters such as the location of garages and carports, walls and fences forward of the building line. LPP’s also outline how a local authority may wish to deal with variations in the case of site works, to establish floor levels of new houses, lot boundary setbacks to laneways, building height variations and heritage matters. In addition LPP’s can be adopted to deal with the planning issues of determining `Context’ (Clause 5.1) and the objectives relevant to the Shire are outlined below;

a) To ensure residential development meets community expectations in regard to appearance, use and density.

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b) To ensure designs respond to the key natural and built features of the area and respond to the local context in terms of bulk and scale, or in the case of precincts undergoing a transition, will respond to the desired future character as stated in the local planning framework.

The policies to be advertised are for the most part self-explanatory, and have been assessed as complying with the requirements of the R-Codes in this regard. However, proposed LPP1 `Urban Design and Streetscape’, would be in conflict with the provisions of the Planning and Development (Local Planning Scheme) Regulations 2015. These regulations exempt single dwellings from the need to obtain planning consent if they simply meet the Deemed-to-Comply provision of the R-Codes, as well as any prescribed provision of a Local Planning Scheme. This draft policy seeks to address development issues that are not easily prescribed and are site specific, such as streetscape and the proximity of heritage buildings, issues that can only be assessed and determined by Council via a planning application. However, this one size fits all approach by the WAPC for single houses, creates difficulties particularly in established suburbs such as Peppermint Grove. It is assessed that the application of the Deemed-to-comply provisions of the R-Codes, as the only development standard in heritage areas and historic streetscapes, would over time erode the unique character of any area. It also creates the inequitable situation whereby an application for a new single house that requires a development application for a variation is subject to planning policies, whereas a single house that meets the Deemed-to-Comply provisions of the R-Codes is not subject to the same assessment. The WAPC has recognised this issue in the following statement in a draft amendment to the R-Codes in late 2016 to introduce a `streetscape’ clause 5.2.7. The proposed streetscape appearance clause seeks to address unintended consequences of the Planning and Development (Local Planning Schemes) Regulations 2015 whereby R-Code compliant single houses bypass development approval (due to exemption under clause 61(1) (d)) and application of local planning policy. Local Planning Policy requirements will apply as if they are ‘read into’ the R-Codes provided WAPC approves. This crucial amendment to the R-Codes is unfortunately still pending the approval of the WAPC, and although this is anticipated for March 2017, it must be followed by the Governor’s assent. Nevertheless it is recommended that LPP1 at least be advertised at this stage so that when (and if) this amendment is gazetted, the policy would at least have been considered by the community, and can be forwarded immediately to the WAPC for approval. Proposed LPP5 Ancillary Dwellings, was initially drafted in response to concerns about the control of such dwelling, particularly when proposed over garages and creating overlooking issues back to adjoining properties when located nearer the rear boundary of a site. The WAPC did note the concerns raised in the discussions held on as LPS4 was finalised in late 2016. It appears from the Minister approved copy of the LPS4 that Clause 26 of the new Scheme inserted an express provision limiting ancillary dwelling to being single storey only in the Shire. Although the draft policy has been amended to reflect this change, Council

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may wish to consider deleting the policy altogether and rely on the Design-principals for guidance in this area of development control in terms of floor area limits. Following the completion of the advertising period these policies and the submission received will be put before Council for consideration prior to final adoption.

OFFICER RECOMMENDATION/S – ITEM No.9.1.3

That Council adopts for the purposes of advertising in accordance with the Deemed provisions of the Planning and Development (Local Planning Scheme) Regulations 2015 the following draft Local Planning Policies for a 21 day period. LPP1 Urban Design and Streetscape Policy LPP2 Carports, Garages and Minor Structures in the Street Setback Area LPP3 Heritage Places LPP4 Residential Building Heights LPP5 Ancillary Dwellings LPP6 Neighbour Consultation on Development

COUNCIL DECISION – 1019

Moved: Cr K Farley, Seconded: Cr C Hohnen That Council adopts for the purposes of advertising in accordance with the Deemed provisions of the Planning and Development (Local Planning Scheme) Regulations 2015 the following draft Local Planning Policies for a 21 day period. LPP1 Urban Design and Streetscape Policy LPP2 Carports, Garages and Minor Structures in the Street Setback Area LPP3 Heritage Places LPP4 Residential Building Heights LPP5 Ancillary Dwellings LPP6 Neighbour Consultation on Development CARRIED: 7/0

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9.1.4 Appointment of Auditor

CORPORATE

ATTACHMENT DETAILS

Attachment Nil Details

Voting Requirement : Simple Majority Subject Index : FM019A Location / Property Index : N/A Application Index : N/A TPS No 3 Zoning : N/A Land Use : N/A Lot Area : N/A Disclosure of any Interest : N/A Previous Items : N/A Applicant : N/A Owner : N/A Responsible Officer : Paul Rawlings, Manager Corporate Services

COUNCIL ROLE

Advocacy When Council advocates on its own behalf or on behalf of its community to another level of government / body / agency.

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

Legislative Includes adopting local laws, town planning schemes & policies.

Review When Council reviews decisions made by Officers.

Quasi-Judicial When Council determines an application / matter that directly affect a person’s right and interests. The judicial character arises from the obligation to abide by the principles of natural justice. Examples of quasi-judicial authority include town planning applications, building licences, applications for other permits / licences (eg under Health Act, Dog Act or Local Laws) and other decisions that may be appealable to the State Administrative Tribunal.

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PURPOSE OF REPORT The purpose of this report is to recommend the appointment of an auditor for the 2016/17 and 2017/18 financial years. SUMMARY AND KEY ISSUES

It is recommended that Council extends the appointment of Mr Marius van der Merwe of Butler Settineri as its auditor to undertake the audit of the annual financial statements and financial affairs of the Shire of Peppermint Grove for the period 1 July 2016 to 30 June 2018.

LOCATION N/A BACKGROUND At its meeting on 25th March 2015, the Audit Committee recommended that Council appoints Mr Marius van der Merwe of Butler Settineri as its auditor to undertake the audit of the annual financial statements and financial affairs of the Shire of Peppermint Grove for the period 1 July 2014 to 30 June 2016, for the total fee of $15,000 plus GST. This recommendation was endorsed by Council at its 24th March 2015 meeting. Following its meeting earlier today the Audit Committee now recommends Council extends this appointment as discussed below. CONSULTATION There has been no specific consultation undertaken in respect to this matter.

STRATEGIC IMPLICATIONS There are no Strategic Plan implications evident at this time.

POLICY IMPLICATIONS There are no significant policy implications evident at this time.

STATUTORY IMPLICATIONS Section 7.6 (1) of the Local Government Act 1995, enables local governments to re-appoint auditors for a period of up to five (5) years. In March 2016, the Dept. of Local Government advised that the State Auditor General would assume responsibility for financial and performance audits across the local government sector from 1 July 2017. The enabling legislation was introduced into the Legislative Assembly last August but, was not passed before the dissolution of Parliament in preparation for next month’s State general election.

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The appointment of an auditor for 2016/17 was deferred pending clarification of the proposed Auditor General’s commencement date. This will now not occur until the 2018/19 financial year at the earliest.

The Department has since advised (circular 31-2016) that local governments should extend or renew audit contracts until the completion of the 2017/18 audit with the option of possible annual extensions.

FINANCIAL IMPLICATIONS The proposed fees represent a modest increase on 2016/17 and can be accommodated within the Corporate Business Plan and Long Term Financial Plan forward estimates.

ENVIRONMENTAL IMPLICATIONS There are no environmental implications at this time.

SOCIAL IMPLICATIONS There are no social implications at this time.

OFFICER COMMENT The quotation proposes audit fees of $9,500 in 2016/17 and $8,500 in 2017/18. The slightly higher fee for the first year is in response to the auditors need to spend additional time reviewing our processes associated with the switch to a new enterprise IT system. Whilst Council’s Purchasing Policy would normally require three quotations the legislated ability to “relax” such requirement in this instance – together with the knowledge that when quotes were last sought in 2015, Butler Settineri was clearly the most competitive – would seem to render this requirement unnecessary.

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In addition, the last two audits have been conducted smoothly and in a very timely manner which has been much appreciated by staff.

OFFICER RECOMMENDATION/S – ITEM No. 9.1.4

That Council accept the recommendation of the Audit Committee and appoints Mr Marius van der Merwe of Butler Settineri as its auditor to undertake the audit of the annual financial statements and financial affairs of the Shire of Peppermint Grove for the two-year period from 1 July 2016 to 30 June 2018, for a total fee of $18,000 plus GST.

COUNCIL DECISION – 1020

Moved: Cr S Fleay, Seconded: Cr D Horrex That Council accept the recommendation of the Audit Committee and appoints Mr Marius van der Merwe of Butler Settineri as its auditor to undertake the audit of the annual financial statements and financial affairs of the Shire of Peppermint Grove for the two-year period from 1 July 2016 to 30 June 2018, for a total fee of $18,000 plus GST. CARRIED: 7/0

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9.1.5 Heritage List LPS4

That Council resolves to adopt the Municipal Inventory as the Heritage List under Local Planning Scheme No.4 for the purposes of advertising in accordance with the Deemed provisions of the Planning and Development Regulations 2015.

COUNCIL DECISION – 1021

Moved: Cr S Fleay, Seconded: Cr D Horrex That Council resolves to adopt the Municipal Inventory as the Heritage List under Local Planning Scheme No.4 for the purposes of advertising in accordance with the Deemed provisions of the Planning and Development Regulations 2015. CARRIED: 7/0

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9 MOTIONS ON NOTICE

Nil 10 CONFIDENTIAL ITEMS OF BUSINESS

Nil 11 CLOSURE At 6.17 pm, there being no further business the meeting closed. At 6.17pm, The Shire President requests the meeting be reopened.

COUNCIL DECISION – 1022

Moved: Cr S Fleay, Seconded: Cr D Horrex That the meeting be reopened. CARRIED: 7/0 Item 9.1.3 – Proposed Local Planning Policies & Revocation of Local Planning Policies: Shire of Peppermint Grove Local Planning Scheme No. 4 That Council rescind the Resolution for Item 9.1.3

COUNCIL DECISION – 1023

Moved: Cr S Fleay, Seconded: Cr D Horrex That Council rescind the Resolution for Item 9.1.3 CARRIED: 7/0 That Council adopts for the purposes of advertising in accordance with the Deemed provisions of the Planning and Development (Local Planning Scheme) Regulations 2015 the following draft Local Planning Policies for a 21 day period. LPP1 Urban Design and Streetscape Policy LPP2 Carports, Garages and Minor Structures in the Street Setback Area LPP3 Heritage Places LPP4 Residential Building Heights LPP5 Ancillary Dwellings LPP6 Neighbour Consultation on Development

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COUNCIL DECISION – 1024

Moved: Cr C Hohnen, Seconded: Cr K Farley. AMENDMENT 1 Council approve the officer’s recommendation to remove LLP5 Ancillary Dwellings. CARRIED: 7/0

COUNCIL DECISION – 1025

Moved: Cr C Hohnen, Seconded: Cr K Farley. SUBSTANTIVE MOTION That Council approve the officer’s recommendation to remove LLP5 Ancillary Dwellings. LPP1 Urban Design and Streetscape Policy LPP2 Carports, Garages and Minor Structures in the Street Setback Area LPP3 Heritage Places LPP4 Residential Building Heights LPP6 Neighbour Consultation on Development CARRIED: 7/0 At 6.19pm, there being no further business the meeting closed.