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ORDINARY COUNCIL MEETING

MINUTES

HELD ON TUESDAY 26TH NOVEMBER 2013

AT 5.30 PM

Ordinary Council Meeting Minutes

26th November 2013

TABLE OF CONTENTS

ITEM SUBJECT HEADING PAGE

1. DECLARATION OF OFFICIAL OPENING 4

2. RECORDING OF ATTENDANCE, APOLOGIES AND LEAVES OF ABSENCE 4

2.1 Attendance 4 2.2 Apologies 5 2.3 Leaves of Absence 5

3. DELEGATIONS AND PETITIONS 5

3.1 Delegations 5 3.2 Petitions 5

4. PUBLIC QUESTION TIME 5

4.1 Response to previous Questions taken on notice 5 4.2 Questions from members of the public 5 4.3 Deputations from members of the public 6

5. DECLARATION OF INTEREST 6

5.1 Financial Interest 6 5.2 Proximity Interest 6 5.3 Impartiality Interest 6 5.4 Interest that may cause a conflict 6

6. NEW REQUESTS FOR LEAVES OF ABSENCE 6

7. CONFIRMATION OF MINUTES 6

7.1 Agenda Briefing Forum ~ (12th November 2013) 6 7.2 Ordinary Council Meeting ~ (15th October 2013) 7 7.3 Special Council Meeting ~ (5th November 2013) 7

8. ANNOUNCEMENTS BY THE PRESIDING MEMBER (WITHOUT DISCUSSION) 7


26th November 2013

ITEM SUBJECT HEADING PAGE

9. CHIEF EXECUTIVE OFFICER REPORTS 7

9.1 Urban Planning 8 9.1.1 Application for pool house and workshop conversion lot 144

(no.47) Keane Street Peppermint Grove application no. 013-62

8

9.1.2 Application for detached pool house lot 7 (no.26) Keane Street Peppermint Grove application no. 013-63

13

9.1.3 Application for an over height masonry screen wall lot 40 (no.143) Forrest Street Peppermint Grove application no. 013-60

17

9.1.4 Application for two storey single dwelling lot 360 (no.31r) Keane Street Peppermint Grove application no. 013-61

21

9.1.5 Application for two-lot amalgamation/subdivision lots 182 & 183 (no.17) Venn Street Peppermint Grove application no. WAPC 148913

26

9.1.6 Referral for comment; application for stand-up paddle board hire: reserve r17113 the Esplanade Peppermint Grove (file ref: res12)

31

9.2 Infrastructure 35 9.2.1 The Esplanade – Guardrail Replacement 35 9.2.2 WESROC – Regional Asphalt Tender 39 9.3 Community Development 42 9.4 Management /Governance / Policy 42 9.5 Corporate 43

9.5.1 Accounts for payment ~ October 2013 43 9.5.2 Christmas / New Year holiday closure 2013/14 46

10. DELEGATE REPORTS 48

11. NEW BUSINESS OF AN URGENT NATURE 49

11.1 Financial Statement ~ October 2013 49

12. MOTIONS TAKEN ON NOTICE 51

13. CONFIDENTIAL ITEMS OF BUSINESS 51

14. CLOSURE 51


26th November 2013

ORDINARY COUNCIL MEETING MINUTES

26TH NOVEMBER 2013

Minutes of the Shire of Peppermint Grove Ordinary Meeting of Council held at 1 Leake Street, Peppermint Grove Council Chambers on Tuesday 26th November 2013.

1. DECLARATION OF OFFICIAL OPENING

At 5.32 pm, 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 recording the meeting.

Cr Horrex 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.

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 B Kavanagh Elected Member Cr G Peters


26th November 2013

Chief Executive Officer Mr John Merrick (Minutes) Manager Library and Community Services Ms D Burn Manager Infrastructure Services Mr A La Spada Manager Corporate Services Mr J Roberts Manager Development Services Mr M Whitbread

Gallery 2 Members of the Public

2 Members of the Press

2.2 APOLOGIES

Executive Officer Mrs Y Levingston

2.3 LEAVE OF ABSENCE

Nil

3. DELEGATIONS AND PETITIONS

3.1 DELEGATIONS

Nil

3.2 PETITIONS

Nil

4. PUBLIC QUESTION TIME

At 5.35 pm 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


26th November 2013

4.3 DEPUTATIONS OF THE PUBLIC

Nil

At 5.35 pm, there being no further questions the Presiding Member closed the public

question time.

5. DECLARATIONS OF INTEREST

5.1 FINANCIAL INTERESTS

Nil

5.2 PROXIMITY INTERESTS

Nil

5.3 IMPARTIALITY

Nil

5.4 INTEREST THAT MAY CAUSE A CONFLICT

Nil

6. NEW REQUESTS FOR LEAVES OF ABSENCE

Nil

7. CONFIRMATION OF MINUTES

7.1 AGENDA BRIEFING FORUM ~ 12TH NOVEMBER 2013

COUNCIL DECISION – ITEM 7.1 ~ 505/ NOVEMBER 2013

Moved Cr C Hohnen, Seconded Cr D Horrex THAT: The Minutes of the Agenda Briefing Forum, of the Shire of Peppermint Grove held in the Council Chambers on 12th November 2013 be confirmed.

CARRIED 7/0


26th November 2013

7.2 ORDINARY COUNCIL MEETING ~ 15th October 2013


Moved Cr D Horrex, Seconded Cr G Peters THAT: The Minutes of the Ordinary Council Meeting, of the Shire of Peppermint Grove held in the Council Chambers on 15th October 2013 be confirmed.

CARRIED 7/0

7.3 SPECIAL COUNCIL MEETING ~ 5th November 2013


Moved Cr C Hohnen, Seconded Cr K Farley THAT: The Minutes of the Special Council Meeting, of the Shire of Peppermint Grove held in the Council Chambers on 5th November 2013 be confirmed.

CARRIED 7/0

8. ANNOUNCEMENTS BY THE PRESIDING MEMBER (WITHOUT DISCUSSION)

Nil

9. CHIEF EXECUTIVE OFFICER REPORTS

Further information requested at the Agenda Briefing Forum will be tabled at this point. This information has previously been circulated to elected members and will be included in the minutes.


26th November 2013

9.1 URBAN PLANNING

9.1.1 APPLICATION FOR DETACHED POOL HOUSE AND WORKSHOP CONVERSION LOT 144

(NO.47) KEANE STREET PEPPERMINT GROVE APPLICATION NO. 013-62

ATTACHMENT DETAILS

Attachment No Details

Attachment 2 – Item 9.1.1 47 Keane Street

Voting Requirement : Simple Majority

Subject Index : Property

Location / Property Index : 47 Keane Street

Application Index : 013- 62

TPS No 3 Zoning : Residential R12.5

Land Use : Single Residential

Lot Area : 1819m2

Disclosure of any Interest : Nil

Previous Items : 013-41

Applicant : Philippa Mowbray, Architects

Owner : Tania Mitchell

Responsible Officer : Michael Whitbread, Manager 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 e.g. 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 (e.g. under Health Act, Dog Act or Local

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

Administrative Tribunal.

PURPOSE OF REPORT

The purpose of this report is to seek Council approval for a detached pool house and alterations to an existent outbuilding.


26th November 2013

SUMMARY AND KEY ISSUES

The application is seeking an approval for a detached pool house and alterations to an extant outbuilding.

The resulting development is assessed as complying with the R-Codes and Scheme.

Approval is recommended with conditions.

LOCATION Plans Attached. BACKGROUND

Council at its meeting held on the 26 February 2013 granted planning consent (application 013-41 refers) for the development of a detached pool house which included a basement. This outbuilding would have been located 4-metres from the rear boundary of the site. The plans submitted at that time indicated the demolition of a 23m2 outbuilding. The owners and architect for the project have revisited the plans and have decided to retain the existing outbuilding and blend this into the pool house. The proposed basement has now been deleted from the current plan and the rear setback to the detached pool house increased to 6-metres. CONSULTATION Two written submissions were received during the two week consultation period raising concerns in regard to access via the Right-of-Way to the site. The points raised in the letter from the adjoining owner are valid in regard to the issues associated with rights-of-ways generally, as well as this specific development application. These points are dealt with in the officer recommendation section of the report. STRATEGIC IMPLICATIONS There are no Strategic Planning implications evident at this time. STATUTORY IMPLICATIONS

Town Planning Scheme No.3 Heritage Plot Ratio

The plot ratio resulting from the revised plan would be 0.39, which is below the maximum of 0.50 permitted under the Scheme on land with a density code of R12.5.

Open Space

The Residential Design Codes prescribe 55% minimum open space requirement for residential land Coded R12.5. The proposed new dwelling would result in 65% of the site remaining as open space.


26th November 2013

Vehicle Access

The principal vehicle access to the site is via Keane Street, where covered on-site parking has been accommodated behind the building setback for up to four cars. Setbacks

The retained outbuilding is located 1-metre from the rear boundary, but its retention means that new pool house will now be located 6-metres from the rear boundary and would therefore conform with the rear setback prescribed under Table 1 of the R-Codes, for land with a density code of R12.5. This assessment, however excludes the extant outbuilding which is located approximately 1-metre from the rear boundary of the site, and is to be retained albeit with a lowered roof form and pitch. Height and Floor Area

The Deemed-to-comply outbuilding provisions of the R-Codes (Part 5.4.3) allow for a wall height of 2.4-metres and a ridge height of 4.2-metres. The plan submitted demonstrate a compliant wall height of 2.4-metres, however, a ridge height of 5.2-metres is proposed. This increased ridge height of 1-metre is intended to ensure that the roof pitch of the detached pool house will match that of the main dwelling on the site. Under the Design principles of the R-Codes Council can consider such a variation providing that; Outbuilding(s) do not detract from the streetscape or the visual amenity of residents or neighbouring properties. In this instance it is assessed that the variation proposed is minor and would not have a detrimental effect on adjoining landowners. The retained outbuilding currently has a roof pitch that does not match the recently competed dwelling and it is proposed to replace this pitched roof with a skillion arrangement for aesthetic reasons, as it is not possible to knit the two roofs together successfully. In terms of floor area the R-Codes permit 60m2 for outbuildings or 10% of the site area, whichever is the lesser. This development standard under the Deemed-to-comply provisions can be varied on the same criteria outlined above and the applicant is seeking a combined floor area of both the new and retained outbuilding would be 65.5m2. The variation being requested of an additional 5.2m2 in floor area is considered minor given the subject site is 1819m2. FINANCIAL IMPLICATIONS Approval will provide income by way of building licence fees. Should the applicant decide to appeal the decision or conditions of approval for this application, costs would be incurred in defending the decision. ENVIRONMENTAL IMPLICATIONS

There are no environmental implications at this time. SOCIAL IMPLICATIONS There are no social implications at this time.


26th November 2013

OFFICER COMMENT

The revised plan submitted include minor variations to the outbuilding provisions of the R-Codes. The increase in ridge height of 1-metre, and the floor area increase above the Deemed-to-comply limit by 5.2m2 for the combined outbuildings are assessed as acceptable and would meet the criterion of the Design principles of the R-Codes. The concerns raised by adjoining landowners are valid insofar as they deal with the perennial issues of increasing traffic and access issue, particularly during the construction of new dwellings adjacent to rights-of-ways. The prevailing development standards applicable to rights-of-ways, especially for the setback of garages is the result of two different approaches. The first is that the R-Codes require sufficient reversing aisle, usually 6.5-metres to allow vehicles to enter or leave a site in a single movement. Therefore the setback to garages on rights-of-ways is determined by the width of a given right-of-way in the first place. The second and an interrelated factor is due to the battle-axe subdivision of lots where the Shire has required that 4.27-metres be ceded to allow for widening for improved vehicle access and two car passing. However, with the halting of further battle-axe subdivision in the Shire since the late 1970’s, the completion of widening these rights-of–ways, as was originally envisaged, is unlikely to be realised. The dwelling at No. 47 Keane Street does not rely on the adjoining right-of-way for its principal vehicle access and on-site parking. The proposed sliding gate and replacement wall is intended to provide alterative rear access to the site which is not intended for frequent use. It is assessed that the proposed development would not create any substantial additional traffic to the rear of the subject property, and the rear boundary setback to the proposed pool house would comply with the R-Codes. On this basis and subject to standard and appropriate conditions for this form of development, approval is recommended.


26th November 2013

OFFICER RECOMMENDATION - Item 9.1.1

That: Council grant planning approval for a detached pool house and workshop conversion on Lot 144 (No.47) Keane Street, Peppermint Grove in accordance with the plans and specifications submitted on the 8 October 2013 subject to:

a) All stormwater being retained and disposed of on-site, details of which are to be submitted and approved prior to the issue of a building permit by the Shire.

b) The development the subject of this approval shall be commenced within 12 months of the date of issue of the consent forms and completed at the conclusion of the second year.

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 Principle 5.4.5 of the Residential Design Codes in regard to the ridge height, and floor area of the proposed outbuilding.

COUNCIL DECISION – ITEM 9.1.1 508/ NOVEMBER 2013

Moved Cr S Fleay, Seconded Cr K Farley

That: Council grant planning approval for a detached pool house and workshop conversion on Lot 144 (No.47) Keane Street, Peppermint Grove in accordance with the plans and specifications submitted on the 8 October 2013 subject to:


b) The development the subject of this approval shall be commenced within 12 months of the date of issue of the consent forms and completed at the conclusion of the second year.

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 Principle 5.4.5 of the Residential Design Codes in regard to the ridge height, and floor area of the proposed outbuilding.

CARRIED 7/0


26th November 2013

9.1.2 APPLICATION FOR DETACHED POOL HOUSE LOT 7 (NO.26) KEANE STREET PEPPERMINT

GROVE APPLIC NO. 013-63

ATTACHMENT DETAILS


Attachment 2 – Item 9.1.2 26 Keane Street



Location / Property Index : 36 Keane Street




Lot Area : 1800m2


Previous Items : Nil

Applicant : Kingsley Pearce Architect

Owner : David Price


COUNCIL ROLE







policies.










PURPOSE OF REPORT The purpose of this report is to advise Council on the determination of an application for a replacement single storey pool house with a boundary wall to the common western boundary of the subject site with a wall height in excess of 2.4-metres.


26th November 2013


The application is seeking approval for a single storey replacement pool house behind the building line.

The resulting development is assessed as complying with the Design principles of the R-Codes and can be supported on planning grounds.


LOCATION Plans Attached BACKGROUND

The existing timber framed pool-house/shed is in very poor condition and has extensive termite damage. Built several decades ago it is located on the common western boundary of the subject site and abuts the neighbour’s parapet wall. CONSULTATION No submissions were received during the two week consultation period in regard to this application. STRATEGIC IMPLICATIONS There are no Strategic Planning implications evident at this time. STATUTORY IMPLICATIONS

Town Planning Scheme No.3 Heritage

The dwelling on the site is listed as being a category 1 on the Shire’s Heritage List. The proposed detached single storey pool house is locate behind the dwelling and being modest in scale it is assessed as not negatively impacting upon the heritage values of this dwelling. Plot Ratio The plot ratio resulting from the proposed replacement pool house additions would be the same as currently exists which is approximately 0.16, which is below the maximum of 0.50% permitted under the Scheme on land Codes R12.5.

Open Space The Residential Design Codes prescribe 55% minimum open space requirement for residential land Coded R12.5. The proposed additions would result in 84% of the site remaining as open space. Setbacks

The proposed dwelling complies with the setbacks prescribed under the Deemed to Comply provision of the 2013 R-Codes.


26th November 2013

Height

Under Part 5.4.3c3 of the R-Codes the Deemed-to-comply wall height for outbuildings is limited to 2.4-metres. This application proposes a wall height of 2.9-metres. Council is able to consider this under the Design principles provision where is can be demonstrated that such a variation would not have a detrimental effect on an adjoining property. In this instance the 2.9-metre wall height proposed would adjoin the neighbours’ parapet wall. The scale of the pool house is considered modest and would not affected the amenity of the adjoin neighbours nor would it been seen from the street. FINANCIAL IMPLICATIONS Approval will provide income by way of building licence fees. Should the applicant decide to appeal the decision or conditions of approval for this application, costs would be incurred in defending the decision. ENVIRONMENTAL IMPLICATIONS

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

The plans submitted have been assessed as complying with the Shire’s Scheme and the Design-principles of the R-Codes. The replacement pool house is respectful of adjoining development and the proposed boundary wall would directly adjoin the neighbours’ boundary wall and therefore there would be no loss of amenity. On this basis and subject to standard and appropriate condition for this form of development, approval is recommended.


26th November 2013


That Council grant planning approval for a detached pool house on Lot 7 (26) Keane Street, Peppermint Grove in accordance with the plans and specifications submitted on the 8 October 2013 subject to:


b) The verge shall not be used for the storage of building materials in order to prevent damage to street trees that can result from this practice. Advisory Note:

i) The proponent is advised that Council, in granting planning consent for the development, has assessed the proposal under Design Principle 5.4.3 of the Residential Design Codes in regard to the wall height of the proposed outbuilding.

COUNCIL DECISION – ITEM 9.1.2 ~ 509/ NOVEMBER 2013

Moved Cr D Horrex, Seconded Cr G Peters THAT:

Council grant planning approval for a detached pool house on Lot 7 (26) Keane Street, Peppermint Grove in accordance with the plans and specifications submitted on the 8 October 2013 subject to: a) All stormwater being retained and disposed of on-site, details of which are

to be submitted and approved prior to the issue of a building permit by the Shire.

b) The verge shall not be used for the storage of building materials in order to prevent damage to street trees that can result from this practice. Advisory Note:

i. The proponent is advised that Council, in granting planning consent for the

development, has assessed the proposal under Design Principle 5.4.3 of the Residential Design Codes in regard to the wall height of the proposed outbuilding.

CARRIED 7/0


26th November 2013

9.1.3 APPLICATION FOR AN OVER HEIGHT MASONRY SCREEN WALL LOT 40 (NO.143) FORREST

STREET PEPPERMINT GROVE APPLIC NO. 013-60

ATTACHMENT DETAILS


Attachment 2 – Item 9.1.3 143 Forrest Street



Location / Property Index : Street




Lot Area : 1233m2



Applicant : Pearce Builders

Owner : Mrs. L Blakiston


COUNCIL ROLE







policies.










PURPOSE OF REPORT

The purpose of this report is to advise Council on the determination of an application for an over-height screen wall that affects a category 1 heritage listed property.


26th November 2013


The application is seeking an approval for an over-height screen wall that dissects the ground floor verandah.

The resulting development is assessed as acceptable by the Shire’s heritage consultant.


LOCATION

Plans Attached. CONSULTATION No written submission were received in respect of the application. STRATEGIC IMPLICATIONS

There are no Strategic Planning implications evident at this time. STATUTORY IMPLICATIONS Town Planning Scheme No.3 Heritage

Due to the likely impact of the security wall on a Category 1 list property the plans were referred to the Shire’s heritage consultant for assessment and the following comments were offered. `…(No). 143 Forrest Street retains a good deal of authentic fabric, but has been added to and adapted for contemporary living. The walls are made of rock or quarry faced limestone, with tuck-pointing. A two-storey addition has been added to the side of the house, and the front of the house has had a small number of features added to it. The timber verandah floor has been removed and replaced with a stone finish, presumably laid over a concrete base. Generally speaking, it is not good practice to lay concrete against limestone as this has a tendency to promote rising damp in the limestone. I note that the opening on the drawings is existing. Turning to the wall then, the builder has indicated that it is for privacy and security. It would appear that he wall will suite in with the addition on the southern side to which I referred previously. The wall will require a new foundation outside the line of the verandah, and bear on the replacement concrete base and stone. There is no particular issue with that. The south end of the wall will then abut the rock or quarry face limestone and will require tying in. This would cause permanent damage to the wall, unless the new work is packed off the limestone with a spacer that takes up the irregularities of the limestone and creates a true line to brick up to. Ties rods could pass through the spacer and be set in the bed joints of the stone.


26th November 2013

A simpler and less harmful approach might be to use a timber screen wall as was commonly used in houses of the period. It could be framed up and clad with vertical boards and painted in with the verandah posts.

The objective in both cases is to limit permanent damage. The latter solution would be much more sympathetic to the aesthetics of the house and more readily reversible in the future. Perhaps this option should be put to the owner.’

A copy of the Heritage architects report was forwarded to the applicant and landowner. In response the Shire was advised that they would like to proceed with plan as submitted, and taken up the architect’s suggestion in regard to the spacer between the wall of the house and the new wall. The builder has provided a subsequent detail demonstrating how this will be achieved, the plans of which will form part of the building permit for the works to be undertaken. Plot Ratio

The plot ratio on this site is not affected by this application.

Open Space The existing open space provision on this site remains as is. FINANCIAL IMPLICATIONS

Approval will provide income by way of building licence fees. Should the applicant decide to appeal the decision or conditions of approval for this application, costs would be incurred in defending the decision. ENVIRONMENTAL IMPLICATIONS There are no environmental implications at this time. SOCIAL IMPLICATIONS

There are no social implications at this time. OFFICER COMMENT The proposed wall has been assessed by the Shire’s heritage architect and has been found to be acceptable in that the works are reversible and would not have a detrimental impact on the existing fabric of the house. There is no objection to the wall on planning grounds and therefore approval has been recommended.


26th November 2013


That Council grant planning approval for an over-height screen wall on Lot 40 (No.143) Forrest Street, Peppermint Grove in accordance with the plans and specifications submitted on the 26 August 2013 subject to:

a) The development the subject of this approval shall be commenced within 12 months of the date of issue of the consent forms, and completed at the conclusion of the second year.


Moved Cr K Farley, Seconded Cr S Fleay

THAT: That Council grant planning approval for an over-height screen wall on Lot 40 (No.143) Forrest Street, Peppermint Grove in accordance with the plans and specifications submitted on the 26 August 2013 subject to:

a) The development the subject of this approval shall be commenced within 12 months of the date of issue of the consent forms, and completed at the conclusion of the second year.

CARRIED 7/0


26th November 2013

9.1.4 APPLICATION FOR TWO STOREY SINGLE DWELLING LOT 360 (NO.31R) KEANE STREET

PEPPERMINT GROVE APPLIC NO. 013-61

ATTACHMENT DETAILS


Attachment 2 – Item 9.1.4 31R Keane Street



Location / Property Index : 31R Keane Street




Lot Area : 974m2



Applicant : Webb & Browne-Neaves

Owner : Mr. I and Mrs. J Oldfield


COUNCIL ROLE







policies.










PURPOSE OF REPORT

The purpose of this report is to advise Council on the determination of an application for a two-storey single dwelling in Keane Street Peppermint Grove.


26th November 2013


The application is seeking approval for a two storey single dwelling on a battle-axe lot.

The development proposes direct street access via the battle-axe leg rather than utilise the adjoining right-of-way for vehicle access.

The resulting development is assessed as complying with the R-Codes and Scheme.


LOCATION

Plans Attached BACKGROUND The subject site was development in the 1970’s with a single storey brick and tile dwelling, which is now to be demolished to make way for a two storey replacement dwelling. Vehicle access and parking to the extant dwelling is from the right-of-way adjoining the northern boundary of the subject site. The existing battle-axe access leg to Keane Street has been constructed in bitumen and is in average condition. CONSULTATION No submissions were received during the two week consultation period in regard to this application. STRATEGIC IMPLICATIONS There are no Strategic Planning implications evident at this time. STATUTORY IMPLICATIONS

Town Planning Scheme No.3 Heritage

The extant brick and tile dwelling on the site, which is to be demolished, is not on the Shire’s Heritage List. Plot Ratio

The plot ratio resulting from the proposed new two storey dwelling would be 0.43 which is below the maximum of 0.50 permitted under the Scheme on land with a density code of R12.5.

Open Space The Residential Design Codes prescribe 55% minimum open space requirement for residential land Coded R12.5. The proposed new dwelling would result in 27% of the site remaining as open space.


26th November 2013

Visual Privacy

The setbacks to the upper level windows would meet the Deemed-to-comply provisions of the R-Codes. Vehicle Access

Under the Deemed-to-comply provisions of the R-Codes, Clause 5.3.5 (C5.1) applicants are required on lots with less than a 20 metre frontage, to provide vehicle access from any existing right-of-way that adjoins the site. The subject battle-axe site was subdivided into a freehold lot several decades ago. This R-Codes provision is explicitly intended to minimise the visual impact of crossovers to the streetscape in established areas undergoing redevelopment. The applicant is aware of this provision but has requested Council consider allowing vehicle access to the subject site directly via Keane Street, on the basis that the battle-axe leg already exists, and that there would be no detrimental impact to this streetscape. Under the Design-principles of the R-Codes (previously Performance criteria) 5.3.5 (P5) it states; Vehicular access provided to each development to provide minimal…crossovers and recued the impact of access points on the streetscape. It is assessed that the development would not result on any changes to the streetscape along this portion of Keane Street, as the crossover and access leg exists. The proposed vehicle access via the battle–axe leg can be supported on planning grounds as it would meet the Design-principle of the R-Code outlined above. Boundary Setbacks

The proposed dwelling complies with the boundary setbacks prescribed under the Deemed-to –comply provisions of the 2013 R-Codes. Height

The maximum wall height of the proposed two storey single dwelling would be 5.7-metres. Fill is less than the 500mm permitted as of right under the R-Codes, with some minor cutting and retaining adjacent to the southern boundary of the site. The height of the dwelling to the apex of the pitched roof is approximately 8.8 metres and would comply with the R-Codes and Town Planning Scheme No.3. FINANCIAL IMPLICATIONS

Approval will provide income by way of building licence fees. Should the applicant decide to appeal the decision or conditions of approval for this application, costs would be incurred in defending the decision. ENVIRONMENTAL IMPLICATIONS There are no environmental implications at this time.


26th November 2013

SOCIAL IMPLICATIONS

There are no social implications at this time. OFFICER COMMENT The plans submitted have been assessed as complying with the Shire’s Scheme and R-Codes. The proposed replacement dwelling is respectful of adjoining development in terms of bulk and scale and all windows have been setback in excess of the minimum distance required under the Visual -privacy provisions of the R-Codes. The proposed variation to the Deemed-to-comply provisions of the R-Codes, to allow the site to retain street vehicle access, rather than the adjoining right-of-way, is supported as the development would meet the applicable R-Code Design-principle in this instance. In regard to the existing red bitumen battle-axe access leg, it is in average condition and in the event it is damaged during the construction it would need to be upgraded. A condition requiring this measure be undertaken if necessary, has been included in the officer recommendation below. On this basis and subject to standard and appropriate conditions for this form of development, the application can be supported on planning grounds.


That Council grant planning approval for alterations and additions on Lot 360 (31R) Keane Street, Peppermint Grove in accordance with the plans and specifications submitted on the 25 September 2013 subject to:


b) The verge shall not be used for the storage of building materials in order to prevent damage to street trees that can result from this practice.

c) The development the subject of this approval shall be commenced within 2 years of the date of issue of the consent forms, and completed at the conclusion of the third year.

d) The battle-axe access leg shall, in the event of being damaged during the construction phase of the project, be paved and drained to the satisfaction of the Chief Executive Officer of the Shire of Peppermint Grove prior to the occupation of the dwelling.

e) In the event of the right-of-way of being damaged during the construction phase of the project, it shall be reinstated to the satisfaction of the Chief Executive Officer of the Shire of Peppermint Grove prior to the occupation of the dwelling.

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 Design Principle 5.3.5 (P5) of the Residential Design Codes to the


26th November 2013


Moved Cr C Hohnen, Seconded Cr K Farley

THAT: That Council grant planning approval for alterations and additions on Lot 360 (31R) Keane Street, Peppermint Grove in accordance with the plans and specifications submitted on the 25 September 2013 subject to:


b) The verge shall not be used for the storage of building materials in order to prevent damage to street trees that can result from this practice.

c) The development the subject of this approval shall be commenced within 2 years of the date of issue of the consent forms, and completed at the conclusion of the third year.

d) The battle-axe access leg shall, in the event of being damaged during the construction phase of the project, be paved and drained to the satisfaction of the Chief Executive Officer of the Shire of Peppermint Grove prior to the occupation of the dwelling.

e) In the event of the right-of-way of being damaged during the construction phase of the project, it shall be reinstated to the satisfaction of the Chief Executive Officer of the Shire of Peppermint Grove prior to the occupation of the dwelling.

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 Design Principle 5.3.5 (P5) of the Residential Design Codes to the

CARRIED 7/0


26th November 2013

9.1.5 APPLICATION FOR TWO-LOT AMALGAMATION/SUBDIVISION LOTS 182 & 183 (NO.17)

VENN STREET PEPPERMINT GROVE APPLIC NO. WAPC 148913

ATTACHMENT DETAILS


Attachment 2 – Item 9.1.5 17 Venn Street



Location / Property Index : 17 Venn Street

Application Index : WAPC 148913



Lot Areas Proposed : 974m2



Referral Authority : Western Australian Planning Commission

Owner : Mrs L Farrah


COUNCIL ROLE







policies.










PURPOSE OF REPORT

The purpose of this report is to advise Council on a subdivision referral from the Western Australian Planning Commission (WAPC).


26th November 2013


The application is seeking approval to amalgamate two lots and re-subdivide the site with a different lot configuration.

A 2.29% (16m2) variation is proposed to the minimum lot area requirement for proposed lot 2

The recommendation to the WAPC is approval subject to conditions.

LOCATION Plans Attached BACKGROUND

The Western Australian Planning Commission (WAPC) has referred an application for a two lot amalgamation & re-subdivision to the Shire for comment. The site currently consists of Lot 183 & 184, each with an area of 812m2. The existing lot configuration means that the extant dwelling on the site straddles the cadastral boundaries of these lots. This application is identical to WAPC 142100 previously approved in May 2010. At that time a condition was imposed at the Shire’s request for a restrictive covenant to be placed on the title of the land prohibiting development 1.19-metres from the common boundary with an adjoining right-of-way, to allow for future widening should it be necessary. CONSULTATION In the case of the subdivision of land the Shire is a referral agency and is only required to provide comment prior to the application being determined by the WAPC. STRATEGIC IMPLICATIONS There are no Strategic Planning implications evident at this time. STATUTORY IMPLICATIONS

Town Planning Scheme No.3 Heritage The extant brick and tile two storey dwelling to be retained is not on the Shire’s Heritage List. Plot Ratio The plot ratio resulting from the proposed new two storey dwelling would be 0.43 which is below the maximum of 0.50 permitted under the Scheme on land with a density code of R12.5.


26th November 2013

Open Space

The Residential Design Codes prescribe 55% minimum open space requirement for residential land Coded R12.5. The proposed subdivision would result in 75% of the new lot containing the retained dwelling site remaining as open space. Vehicle Parking & Access Due to the reconfiguration of the lot boundaries the on-site parking for the retained dwelling would no longer be available if the new lot was sold. In order to comply with the R-Codes two on site hardstand car parking bays, accessed via a constructed crossover would need to be provided. A condition reflecting this development standard has been recommended. Setbacks The retained dwelling meets the setbacks prescribed under the Deemed-to-comply provisions of the 2013 R-Codes in regard to the proposed cadastral boundaries. FINANCIAL IMPLICATIONS There are no cost implications associated with the application as the determining authority is the Western Australian Planning Commission. If the applicant requests a review of any condition of approval imposed or the refusal of the application through the State Administrative Tribunal, all the costs are met by the WAPC. ENVIRONMENTAL IMPLICATIONS There are no environmental implications at this time. SOCIAL IMPLICATIONS

There are no social implications at this time. OFFICER COMMENT The proposed amalgamation and re-subdivision of the site will remedy the current situation where the dwelling straddles the boundaries of lots 183 & 184. This application does not involve the creation of any additional lots in the Shire, it does however, require a reduction in the minimum lot area from 700m2 to 684m2. This equates to 16m2 of a 2.29% reduction. Under Clause 5.1.1 `Site area’ in the R-Codes, Council is able to consider a reduction of up to 5% of in the minimum lot area, subject to meeting at least one of a number of criteria set down in the R-Codes, which includes allowing the development of a lot that would not otherwise be possible. In this instance the proposed lot area cannot be justified under the criteria and importantly though the proposed subdivision does not undermine the density code as the average lot size of 800m2 is maintained for this subdivision. The previously approved subdivision of the site the owner was required to lodge a restrictive covenant on the title of proposed Lot 1 precluding development along 1.19-metres of the adjoining right-of-way on the northern boundary to allow for of the land However, there are a number of issues raised by the proposed two-lot subdivision in regard to the closing of redundant crossovers, removal of all improvements on Lot 2, including paving, soak-wells and solid screen walls along the front boundary. These along with the


26th November 2013

retained dwelling meeting the R-Code requirement for two on-site hard stand car parking bays would need to be resolved prior to final clearance of the diagram of survey.


That: Council refers the application for amalgamation and a two-lot subdivision of Lots 183 & 183 (No.17) Venn Street Peppermint Grove, to the Western Australian Planning Commission with a recommendation of approval, subject to the following conditions.

a) The retained dwelling complying with all relevant legislation in regard to on-site stormwater retention and disposal, as well as boundary setbacks.

b) The reduced lot area proposed does not meet Design Principle 5.1.1. (P1.2) and lot two should be increased to a minimum of 700m2 as prescribed under Table 1 of the R-Codes.

c) The redundant crossovers to proposed Lots 1 & 2, shown on the diagram of survey, dated 18 October 2013, shall be closed and the kerb and verge reinstated to the satisfaction of the Local Authority prior to the final clearance of subdivision.

d) All improvement on proposed Lot 2, including paving, solid screen walls and footings along the front boundary to be removed to the satisfaction of the Local Authority.

e) The provision of two on-site hard stand car bays to the satisfaction of the Local Authority prior to the final clearance of subdivision.

f) A Restrictive Covenant, pursuant to section 129BA of the Transfer of Land Act 1893 (as amended) is to be placed on the Certificate of Tile of proposed Lot 1 advising of the existence of a restriction on the use of the land. Notice of this restriction to be included on the Deposited Plan. The restrictive covenant is to state as follows;

a. `’No new development shall occur within 1.19-metres of the right-of-way abutting the northern boundary of the lot to accommodate widening of the right-of-way should it be required in the future’’.

g) The provision of a 2.83-metre truncation at the point where the right-of-way meets the road reserve.


Moved Cr G Peters, Seconded Cr D Horrex THAT:

Council refers the application for amalgamation and a two-lot subdivision of Lots 183 & 183 (No.17) Venn Street Peppermint Grove, to the Western Australian Planning Commission with a recommendation of approval, subject to the following conditions.

a) The retained dwelling complying with all relevant legislation in regard to on-site stormwater retention and disposal, as well as boundary setbacks.

b) The reduced lot area proposed does not meet Design Principle 5.1.1. (P1.2) and lot two should be increased to a minimum of 700m2 as prescribed under Table 1 of the R-Codes.

c) The redundant crossovers to proposed Lots 1 & 2, shown on the diagram of survey, dated 18 October 2013, shall be closed and the kerb and verge


26th November 2013

reinstated to the satisfaction of the Local Authority prior to the final clearance of subdivision.

d) All improvement on proposed Lot 2, including paving, solid screen walls and footings along the front boundary to be removed to the satisfaction of the Local Authority.

e) The provision of two on-site hard stand car bays to the satisfaction of the Local Authority prior to the final clearance of subdivision.

f) A Restrictive Covenant, pursuant to section 129BA of the Transfer of Land Act 1893 (as amended) is to be placed on the Certificate of Tile of proposed Lot 1 advising of the existence of a restriction on the use of the land. Notice of this restriction to be included on the Deposited Plan. The restrictive covenant is to state as follows;

a. `’No new development shall occur within 1.19-metres of the right-of-way abutting the northern boundary of the lot to accommodate widening of the right-of-way should it be required in the future’’.

g) The provision of a 2.83-metre truncation at the point where the right-of-way meets the road reserve.

CARRIED 7/0


26th November 2013

9.1.6 REFERRAL FOR COMMENT; APPLICATION FOR STAND-UP PADDLE BOARD HIRE: RESERVE

R17113 THE ESPLANADE PEPPERMINT GROVE (FILE REF: RES12)

ATTACHMENT DETAILS


Attachment 1 – Item 9.1.6 The Esplanade/Freshwater Bay


Subject Index : Reserves

Location / Property Index : Freshwater Bay

N/A

Application Index : N/A

TPS No 3 Zoning : Open Space

Land Use : Public Recreation

Reserve Area : 2.7 hectares



Applicant : Vidlers of Cottesloe: Stand Up Paddle Board Hire.

Owner : Crown (vested in the Shire of Peppermint Grove)


COUNCIL ROLE







policies.











26th November 2013

PURPOSE OF REPORT

The purpose of this report is to advise Council in regard to a referral by the Swan River Trust of an application for stand-up paddle board lessons in Freshwater Bay. The scope of the application to the Swan River Trust also includes the use Crawley and Mosman bays for the hire business, and each relevant Local Authority have also received this referral for comment.


The applicant proposes to hire out stand-up paddle boards in Freshwater Bay to complement the recently approved weekday stand-up paddle board lessons.

Further commercial land use activities on the Freshwater Bay Reserve are not supported on planning grounds.

BACKGROUND

The Swan River Trust has referred an application to use the Freshwater Bay foreshore reserve or the hiring out of stand-up paddle boards. This business is to be carried out in conjunction the Stand-Up Paddle Board Lesson currently approved during weekdays. Council previously considered a similar application at its May 2013 meeting and supported the application subject to the lessons not being conducted on the weekends due to the possibility of such a commercial activity conflicting with the passive recreation users of this foreshore reserve. Council supported the application subject inter alia;

3. That no advertising signage in the form of placards or structures in the form of shade pavilions be permitted to be used the reserve.

LOCATION Plans Attached STATUTORY IMPLICATIONS Swan River Trust

This application for the Vidler’s paddle board hire has been made under regulation 17 of the Swan and Canning River Management Area Act 2006. It is not a development application, but a permit application for commercial activity within the foreshore reserve or Development Control Area of the Swan River. The permit application process requires consultation with the relevant local authority and seeks a response within 21 days. The Swan River Trust generally issues permits for a 12 month period and is able to modify

or revoke a permit where the applicant has demonstrated an inability to properly manage

the activity.


26th November 2013

Town Planning Scheme No.3

The use class table of Town Planning Scheme No.3 does not provide for private recreation as a land use on public land. However, as a guide the draft Local Planning Scheme No.4 does make provision Council to consider land uses on reserves subject to the Council taking into consideration a range of planning matters including parking availability, potential loss of a public benefit, and the ultimately purpose intended for the reserve. FINANCIAL IMPLICATIONS There are no financial implications for the Shire. The Swan River Trust is the determining authority and would meet any costs associated with an application for Review with the State Administrative Tribunal. ENVIRONMENTAL IMPLICATIONS


The increased use of public open space for private recreation businesses is not uncommon and in a majority of cases it increases the use of active recreational spaces without any detriment to the general public ability to being able to use the reserves. In assessing the merits of any application for the use of public open space, the criteria most often used are whether the activity is of direct benefit to local residents, and that the general public are not unduly excluded from using the space or its associated parking facilities. Freshwater Bay is a public reserve developed for passive recreation that has a relatively narrow foreshore. It is typically accessed by local residents during weekdays and family groups from the district during weekends in particular, and includes the use of small recreational watercraft. The May 2013 application for stand-up paddle board lessons proposed the use of the foreshore reserve six days per week, involving at least nine car parking bays for up to two-hours at a time. In the assessment of that application weekday mornings were not considered to be problematic for the proposed activity due to ample road parking being available from Monday to Friday. Council was also aware that there was a caveat in terms of using any public open space for commercial activity, in that no verifiable complaints are to be generated by the activity, and if this occurred, the Swan River Trust could revoke any permits issued. The submission made in support of the current application states that there would be a table and umbrella set up on the reserve to take bookings etc. associated with paddle board hire. This style of business can only operate successfully where there is some advertising signage, which has not been outlined in the submission. In any event the land use will have a somewhat visually different impact on the reserve and is a very different arrangement than the current lessons being conducted during weekday mornings. Council has previously advised the Swan River Trust, in respect of the recent stand-up paddle board lesson


26th November 2013

applications, indicated that there should be no signage or placards permitted in the reserve. It is hard to imagine a hire business being able to attract customers without some form of obvious signage. An assessment of this current application reveals that there is a tangible difference between paddle board lessons, and paddle board hire, in that the former is predicated on pre-booked students and lessons at fixed times, whereas the latter relies on passing trade. To allow further intensification of commercial land-uses on the foreshore reserve is not supported on planning grounds, as it may have a detrimental effect on the primary purpose of this public reserve. On this basis it is recommend that Council advises the Swan River Trust that it would not support stand-up paddle board hire in Freshwater Bay.


That: Council advises the Swan River Trust in its role as a planning authority, and the local authority in which the reserve is vested, that it that it does not support the proposed use of Freshwater Bay for the casual hire of stand-up paddle boards on the following grounds;

1. Stand-up paddle board hire is considered contrary to the primary purpose of the reserve which is passive public recreation; and

2. Further commercial land-uses on this confined public foreshore reserve would erode the amenity of the locality.


Moved Cr C Hohnen, Seconded Cr K Farley THAT:

Council advises the Swan River Trust in its role as a planning authority, and the local authority in which the reserve is vested, that it that it does not support the proposed use of Freshwater Bay for the casual hire of stand-up paddle boards on the following grounds;

1. Stand-up paddle board hire is considered contrary to the primary purpose of the reserve which is passive public recreation; and

2. Further commercial land-uses on this confined public foreshore reserve would erode the amenity of the locality.

CARRIED 7/0


26th November 2013

9.2 INFRASTRUCTURE

9.2.1 THE ESPLANADE – GUARDRAIL REPLACEMENT

ATTACHMENT DETAILS


Attachment 1 – Item 9.2.1 refers Attachment 2 – Item 9.2.1 refers Attachment 3 – Item 9.2.1 refers Attachment 4 – Item 9.2.1 refers

02-13 Guardrail drawing PDF Compliance Statement Flexbeam Manual Email from Town of Claremont

Voting Requirement : Simple Majority Subject Index : N/A 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 : Anthony La Spada

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 e.g. adopting plans and reports, accepting tenders, directing operations, setting and amending budgets.

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


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 (e.g. under Health Act, Dog Act or Local Laws) and other decisions that may be appealable to the State Administrative Tribunal.


26th November 2013

PURPOSE OF REPORT

The purpose of this report is for Council to award the removal and replacement of the existing guardrail adjacent to The Esplanade, Peppermint Grove. SUMMARY AND KEY ISSUES

The application is for awarding the replacing of the existing guardrail that runs adjacent to The Esplanade, Peppermint Grove.

Recommend acceptance of quote with the lowest price for hot dipped galvanised.

LOCATION

The Esplanade, Peppermint Grove. Bindaring Parade to approximately 50m south of Leake Street. BACKGROUND

As part of the 2013/2014 Capital works programme Council allocated $80,000 towards the removal and replacement of the existing non-conforming guardrail that runs adjacent to The Esplanade, Peppermint Grove from Bindaring Parade to approximately 50m south of Leake Street for a total of 560m. The design and technical specification for the project was developed in accordance to AS/NZS 3845: 1999 “Road safety barrier systems” utilising the use of W-beam and quotations were called. The closing date for the quotations was 14 October 2013. Three submissions were received for the quotation and are outlined in the schedule below:

Description DBS Fencing Safety Barriers WA

Erections WA

Removal of existing and supply and install 560m of Safety Barrier System in Hot Dipped Galvanised

$119,950 $89,584 $86,600

Removal of existing and supply and install 560m of Safety Barrier System powder coated in Rivergum Green

$152,850 $139,984 Did not provide a quote.

Evaluation has been undertaken according to the criteria established based on the organisational needs and best value.


26th November 2013

CONSULTATION There has been no specific consultation undertaken in respect to this matter. STRATEGIC IMPLICATIONS

By undertaking the removal and replacing of the existing guardrail the project specifically is aimed at improving the quality of the Shire’s assets and reducing the risk of the severity of road crashes, the Shire of Peppermint Grove is progressing in terms of meeting one of its strategic objectives “Apply best practice safety systems to transport infrastructure including roads, footpaths and cycleways.” 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 Council have allocated $80,000 for the replacement of the guardrail in the 2013/2014 budget. The Town of Claremont have agreed to pay for the section of guardrail replacement along Bindaring Parade for a price of $1314.46 which is for 8.5m in length. Should Council accept the lowest price of $86,600.00 and then apply the payment from the Town of Claremont this leaves a budget over-run of $5,285.54. ENVIRONMENTAL IMPLICATIONS


The proposal to remove and replace the existing guardrail will improve the safety of the bend around “Devil’s Elbow” and the intersections of McNeil Street, Forrest Street and Leake Street T-junctions and ensure that the Shire is reducing its risk exposure should an accident or incident occur as the new guardrail will be complaint with AS/NZS 3845: 1999. The existing guardrail is too low in height which can allow a vehicle to traverse over it should it be hit at a substantial speed, the C posts are not spaced accordingly resulting in weak points and are also of different materials i.e. some wood and some steel. The wooden C posts are suffering from a combination of either wood rot or white ant infestation and the existing bullnose’s at the pedestrian crossings are not complaint and would spear a vehicle should it be hit rather than crumple as designed. Alternate barriers were looked at such as the Thriebeam, which was extremely expensive and over engineered for the location and the more common wire rope system which is seen along freeways. Whilst the wire rope system would have been less visually impacting, it is predominantly design for high speed roads where The Esplanade is a 50km/h local road.


26th November 2013


The quotation from Erections WA for the removal and replacing of the guardrail in hot dipped galvanised from Bindaring Parade to approximately 50m south Leake Street, be accepted.


Moved Cr D Horrex, Seconded Cr K Farley THAT:

The quotation from Erections WA for the removal and replacing of the guardrail in hot dipped galvanised from Bindaring Parade to approximately 50m south Leake Street, be accepted.

CARRIED 7/0


26th November 2013

9.2 2 WESROC – REGIONAL ASPHALT TENDER

ATTACHMENT DETAILS


Attachment 2 – Item 9.2.2 refers WESROC – Regional Asphalt Tender

Voting Requirement : Simple Majority Subject Index : N/A 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 : Anthony La Spada

COUNCIL ROLE






PURPOSE OF REPORT

For Councils included in the Local Government Regional Western suburbs group to consider the tender for the Supply and Laying of Asphalt – major works (RFT 2013-07).


26th November 2013


The application is for awarding the WESROC – Regional Asphalt Tender

Recommend acceptance of prices from ROADS 2000 for duration of tender and a possibility of 1 year extension after the July 2015 expiry date.

LOCATION

N/A BACKGROUND To best utilise the close proximity and combined usage of asphalt within the Western suburbs area, some tenders are being processed in a regional manner, which will result in a much less tender processing fee for each council as well as better tender prices due to a much larger volume of work. Accordingly, the Town of Claremont invited a tender for the Supply and Laying of Asphalt – major works on behalf of interested councils in the western suburbs as the previous asphalt tender expired in September 2013. On behalf of the Towns of Cambridge, Claremont, Cottesloe, Mosman Park, Shire of Peppermint Grove and the City of Subiaco, a tender was advertised by the Town of Claremont for the Supply and Laying of Asphalt – major works. Tenders were advertised in The West Australian newspaper on Saturday 21 September 2013 and closed on Monday 14 October 2013. 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 The budget allocation for various road projects will cater for the asphalt items. The tendered price schedule provided from Roads 2000 represents the best value for money to complete each individual Councils requirement. ENVIRONMENTAL IMPLICATIONS



26th November 2013

OFFICER COMMENT

Six submissions were received, including one non-compliant tender by Asphalt Surfaces under the basis of not including significant copies of the submitted tender. One alternative tender was submitted by West Coast Profiling with no listed asphalt prices, but other services including profiling and earthworks. The evaluation was undertaken by five members from the affected Councils and consisted of:

Nicholas King – Capital Works Supervisor – Town of Claremont

Anthony La Spada – Manager Infrastructure Services – Shire of Peppermint Grove

Job Bell – Manager Infrastructure Works – Town of Cambridge

Geoff Trigg – Manager Engineering Services – Town of Cottesloe

Justin Poor – Works Coordinator – Town of Mosman Park

The evaluation was undertaken on a value for money basis in which means the tenders were assessed with a combination of the following: Compliance Criteria: Do they comply with the tender, Yes or No? [Adequate insurance, conflict of interest...] Quality Criteria 75%:

Capacity for work [Equipment, personnel, availability...]

Demonstrated Experience [Past projects related to requirements...]

Demonstrated Understanding [Methodology of works in Claremont...]

Environmental Impacts [Environmental considerations...] Price Criteria 25%:

Competitive schedule of rates from typical projects The figures are then combined for a total score of 100%. This approach ensures the WESROC Group engages suitably qualified, trained and resourced contractors to achieve a quality finish at a competitive rate. The following companies made submissions:

Roads 2000

Asphaltech

Super Civil

Downer

Asphalt Surfaces (Non-compliant)

West Coast Profiling (Alternative tender) Through this assessment the best value for money was determined to be Roads 2000 with the second place being Asphaltech. Roads 2000 was the previous Local Government Regional Western suburbs group approved Contractor. Asphaltech currently hold similar tenders with the City of Joondalup,


26th November 2013

City of Stirling and various other Local Governments but were second when it came to price comparison and quality criteria. Both Downer and Super Civil were less competitive when it came to price comparison and quality criteria as noted in attachment 1. An alternative tender was submitted by West Coast Profiling with no asphalt prices included, but competitive prices for Profiling and earthworks. The tender price schedule allows contractors to give a one off price for all items listed in the schedule, with no increase in this price before the one year anniversary of the approved contract date.


That: Council accepts the Tender submitted by Roads 2000 for the Supply and Laying of Asphalt – major works schedules 3.4.3, 3.4.4 and 3.4.5 until 30 June 2016 (including a possible one year extension) in accordance with the statement of requirements as specified in Tender 2013-07 at the respective submitted schedule of rates under a single contractor arrangement as allowed under the request for tender.


Moved Cr C Hohnen, Seconded Cr K Farley THAT:

Council accepts the Tender submitted by Roads 2000 for the Supply and Laying of Asphalt – major works schedules 3.4.3, 3.4.4 and 3.4.5 until 30 June 2016 (including a possible one year extension) in accordance with the statement of requirements as specified in Tender 2013-07 at the respective submitted schedule of rates under a single contractor arrangement as allowed under the request for tender.

CARRIED 7/0

9.3 COMMUNITY DEVELOPMENT

Nil

9.4 MANAGEMENT / GOVERNANCE / POLICY

Nil


26th November 2013

9.5 CORPORATE

9.5 1 ACCOUNTS FOR PAYMENT ~ OCTOBER 2013

ATTACHMENT DETAILS


Attachment 3 – Item 9.5.2 refers Accounts for Payment - October 2013

Voting Requirement : Simple Majority Subject Index : Acc3 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 : Nil Applicant : N/A Owner : N/A Responsible Officer : John Roberts

COUNCIL ROLE






PURPOSE OF REPORT

The purpose of this report is to obtain approval for cheques, electronic funds payments and direct debits drawn since the last report and accounts now presented for payment.


26th November 2013


Significant payments in October 2013 included the following:

IT Vision – Annual Software Licences, $34,056.28

Paceway Mitsubishi – Replacement vehicle, $44,490.80

Perthwaste – Waste collection fees August 2013, $14,616.68

Perthwaste – Waste collection fees May 2013, $13,870.78 (accrued in June 2013)

ATO – PAYG September, $12,186.00

WMRC – Waste disposal fees August/September, $22,320.48

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, electronic fund transfers, direct debits and accounts included in the list presented for payment. MUNICIPAL FUND PAYMENT TYPE AMOUNT

Direct Debit Fees & Leases DD4469.1 Electronic Funds Transfers 7274 – 7343 (Inclusive) Cheque number 10829 (Inclusive)

TOTAL MUNICIPAL FUND $293,890.74 TRUST FUND PAYMENTS $1,000.00 TOTAL $294,890.74

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

The payments processed by the Shire relate to expenditure approved in the 2013/2014 Annual Budget as amended. ENVIRONMENTAL IMPLICATIONS

There are no environmental implications at this time.


26th November 2013

SOCIAL IMPLICATIONS

There are no social implications at this time. OFFICER COMMENT Payments for October 2013 include, Software licence fees, vehicle purchase, waste collection and disposal fees, superannuation, PAYG, cleaning operational materials and services.


That the payment of the cheques, electronic funds payments and direct debits drawn and accounts presented for payment be approved.


Moved Cr S Fleay, Seconded Cr G Peters THAT:

The payment of the cheques, electronic funds payments and direct debits drawn and accounts presented for payment be approved.

CARRIED 7/0


26th November 2013

9.5 2 CHRISTMAS / NEW YEAR HOLIDAY CLOSURE 2013/2014

ATTACHMENT DETAILS


Nil

Voting Requirement : Absolute Majority Subject Index : N/A 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 : FE 5 - 27 November 2013 Applicant : N/A Owner : N/A Responsible Officer : John Roberts, Manager Corporate Services

COUNCIL ROLE




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 (e.g. under Health Act, Dog Act or Local Laws) and other decisions that may be appealable to the State Administrative Tribunal.

PURPOSE OF REPORT The purpose of this report is to seek Council approval to close the Shire Office during the 2013/2014 Christmas/New Year holiday period. SUMMARY AND KEY ISSUES

Historically Council has closed the Shire Administration Office for the period between Christmas & New Year.

This report recommends the closure of the Shire Administration Office for three non-public holidays between Christmas and New Year.


26th November 2013

LOCATION

N/A BACKGROUND Historically the Shire’s Administration Office has been closed during the Christmas/New Year holiday period. This practice has worked well and there have not been any problems or inconvenience caused as a result of the closure. Public Holidays

The public holidays for the 2013/2014 Christmas/New Year period are as follows:

Wednesday 25 December Christmas Day Public holiday Thursday 26 December Boxing Day Public holiday Wednesday 1 January New Year’s Day Public holiday

Administration It is proposed that the Shire Administration office will close on Tuesday, 24 December 2013 at 2 pm and reopen on Thursday 2 January 2013 at 8.30 am. This means closing the office on three non-public holidays (Friday 27th; Monday 30th; and Tuesday 31st December 2013). Depot

Operational staff will be on duty during the period of the office closure except for the public holidays on the 25th; 26th December 2013 and 1st January 2014. CONSULTATION

As in prior years it is proposed that the three additional days will be deducted from staff leave entitlements. Other Councils

Town of Claremont – Closed from 1 pm 24 December 2013 Returning 8.30am 2 January 2014 Town of Mosman Park – Closed from 12 pm 24 December 2013 Returning 8.30am 2 January 2014 Town of Cottesloe – Closed COB 24 December 2013 Returning 8.30am 2 January 2014 STRATEGIC IMPLICATIONS

There are no Strategic Plan implications. POLICY IMPLICATIONS There are no significant policy implications. STATUTORY IMPLICATIONS

This report takes into account Gazetted public holidays.


26th November 2013

FINANCIAL IMPLICATIONS

There are no financial implications, as staff will take non-public holiday time as annual leave. ENVIRONMENTAL IMPLICATIONS There are no environmental implications at this time. SOCIAL IMPLICATIONS

There has been no negative public response to closures in previous years. OFFICER COMMENT As this has been customary practice at the Shire, without negative public reaction, it is recommended that the proposed office hours over the Christmas and New Year period be approved.


That: The Shire Administration Office close for the period from 2 pm 24th December 2013 to 1st January 2014, inclusive.


Moved Cr G Peters, Seconded Cr D Horrex THAT:

The Shire Administration Office close for the period from 2 pm 24th December 2013 to 1st January 2014, inclusive.

CARRIED 7/0

10. DELEGATE REPORTS

Cr K Farley gave an overview of the Cottesloe-Peppermint Grove – Mosman Park Combined Library Committee decision to close the Grove Library from Noon 24th December 2013 to open normal hours on the 27th December 2013.


26th November 2013

11. NEW BUSINESS OF AN URGENT NATURE

11 1 FINANCIAL STATEMENT ~ OCTOBER 2013

ATTACHMENT DETAILS


Attachment 4 – Item 11.1 refers Financial Statement - October 2013

Voting Requirement : Simple Majority Subject Index : Acc3 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 : Nil Applicant : N/A Owner : N/A Responsible Officer : John Roberts

COUNCIL ROLE






PURPOSE OF REPORT The purpose of this report is to provide Council with the financial report for the period ended 31st November 2013.


26th November 2013


Council adopted the 2013/2014 Budget at the Ordinary Council Meeting on 25 June 2013

Operating Revenue is $295,936 favourably over budget. This is due primarily to raising invoices for Grove Library and Community Centre contributions from member councils earlier than budget.

Operating Expenditure is $46,906 favourably under budget, due to timing events in the areas of parks and foreshore maintenance together with library services.

Capital Expenditure is $102,199 underspent due to the timing of a vehicle replacement, PPS path works on McNeil Street completed but not yet invoiced.

There have not been any transfers to or from Reserves TRENDING ISSUES

Nil. After adjusting revenue and expenditure timing variances the Shire finances tracking well against budget. At this time there are no significant events forecast which will significantly impact the end of financial year position.

LOCATION

N/A BACKGROUND The financial reports are provided for the period ended 31st October 2013. 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

Variances have been adjusted to reflect timing issues such as payments and receipts which are known to occur in specific months. ENVIRONMENTAL IMPLICATIONS



26th November 2013

OFFICER COMMENT

Variations in revenue and expenditure for the month of October have been identified and detailed in the narrative attached to the Financial Activity Statement.

OFFICER RECOMMENDATION - Item 11.1

That: The financial reports for the period ended 31st October 2013 be received.


Moved Cr G Peters, Seconded Cr S Fleay THAT:

The financial reports for the period ended 31st October 2013 be received.

CARRIED 7/0

12. MOTIONS ON NOTICE

Nil

13. CONFIDENTIAL ITEMS OF BUSINESS

Nil

14. CLOSURE

At 6.03 pm, there being no further business the meeting was closed.

These minutes were confirmed at the Ordinary Council Meeting on Tuesday 17th December 2013 Signed: Presiding Person at the meeting at which these minutes were confirmed. Date:

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