ordinary council meeting 27 november 2012 table of ... · i ordinary council meeting 27 november...

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ORDINARY COUNCIL MEETING27 NOVEMBER 2012

TABLE OF CONTENTS - MINUTES

Item Report Title Page No.

1. DECLARATION OF OPENING/ANNOUNCEMENT OF VISITORS/DISCLAIMER...................................................................................1

2. RECORD OF ATTENDANCE............................................................................2

3. DISCLOSURE OF INTEREST...........................................................................3

4. ANNOUNCEMENTS BY THE PRESIDING MEMBER......................................3

5. REPORTS OF DELEGATES.............................................................................3

6. QUESTION TIME FOR THE PUBLIC AND THE RECEIVING OF PUBLIC STATEMENTS.....................................................................................3

6.1 QUESTION TIME ................................................................................6

6.2 PUBLIC STATEMENTS.......................................................................7

7. CONFIRMATION OF MINUTES........................................................................9

8. RECEIVING OF PETITIONS AND PRESENTATIONS.....................................9

8.1 REQUEST FOR THE INSTALLATION OF BOLLARDS ON JACK WAY, SUMMER PINES ESTATE, CANNING VALE...............10

8.2 REQUEST THAT THE COUNCIL REFUSES TO INITIATE ANY CHANGES TO THE ZONING OF LOT 2, 20 AUSTIN AVENUE, KENWICK. ........................................................................10

9. APPLICATIONS FOR LEAVE OF ABSENCE .................................................11

10. QUESTIONS OF WHICH DUE NOTICE HAS BEEN GIVEN..........................11

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

13.4.1 GLENARIFF ESTATE, CANNING VALE - PETITION .......................13

13.5.3 AMENDMENT NO. 137 TO TOWN PLANNING SCHEME NO. 6 TO APPLY AN ADDITIONAL USE (INDUSTRY - NOXIOUS) TO 20-28 (LOT 2) AUSTIN AVENUE, KENWICK .............................16

13.5.10 PROPOSED MINOR MODIFICATION TO HOMESTEAD ROAD OUTLINE DEVELOPMENT PLAN .........................................23

City of GosnellsOrdinary Council Meeting Minutes 27 November 2012


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15.1 DEVELOPMENT APPLICATION - SHOWROOM AND OFFICE UNITS - 1481 (LOT 300) ALBANY HIGHWAY, BECKENHAM ....................................................................................29

12. REPORTS OF COMMITTEE MEETINGS.......................................................34

13. REPORTS .......................................................................................................35

13.1 CHIEF EXECUTIVE OFFICE ............................................................35

13.2 COMMUNITY ENGAGEMENT ............................................................35

13.2.1 DON RUSSELL PERFORMING ARTS CENTRE INTERNAL REFURBISHMENT WORKS...............................35

13.3 CORPORATE SERVICES ...................................................................37

13.3.1 FINANCIAL ACTIVITY STATEMENTS - OCTOBER 2012 .......................................................................................37

13.3.2 PAYMENT OF ACCOUNTS - OCTOBER 2012.....................3913.3.3 2012/13 CARRY FORWARDS - BUDGET

VARIATIONS .........................................................................4013.3.4 2012/13 BUDGET OPENING SURPLUS...............................55

13.4 INFRASTRUCTURE ............................................................................59

13.4.1 GLENARIFF ESTATE, CANNING VALE - PETITION (ITEM BROUGHT FORWARD - REFER TO ITEM 11) .........59

13.4.2 BURNLEY STREET, THORNLIE - REQUEST FOR SURVEILLANCE CAMERAS .................................................60

13.4.3 GOSNELLS ROADWISE ADVISORY GROUP MEETING - 7 NOVEMBER 2012 ...........................................63

13.5 PLANNING AND SUSTAINABILITY ....................................................65

13.5.1 AMENDMENT NO. 130 TO TOWN PLANNING SCHEME NO. 6 - FINALISATION - CREATION OF A DEVELOPMENT ZONE AND REZONING OF LAND, VERNA AND EILEEN STREETS, GOSNELLS - PROPOSED MODIFICATIONS .............................................65

13.5.2 AMENDMENT NO. 133 TO TOWN PLANNING SCHEME NO. 6 FINALISATION - 7 (LOT 344) AND 1 (LOT 345) HOLMES STREET AND LOT 346 WARTON ROAD, SOUTHERN RIVER - REMOVAL OF RETAIL CAP - MODIFICATION.......................................69

13.5.3 AMENDMENT NO. 137 TO TOWN PLANNING SCHEME NO. 6 TO APPLY AN ADDITIONAL USE (INDUSTRY - NOXIOUS) TO 20-28 (LOT 2) AUSTIN



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AVENUE, KENWICK (ITEM BROUGHT FORWARD - REFER TO ITEM 11) .............................................................72

13.5.4 DEVELOPMENT APPLICATION - OUTBUILDING - 52 (LOT 66) GASKIN ROAD, KENWICK ....................................73

13.5.5 DEVELOPMENT APPLICATION - HOME OCCUPATION (BEAUTY THERAPY) - 59 (LOT 546) OLIPHANT STREET, KENWICK ...........................................77

13.5.6 REVIEW OF WEST CANNING VALE OUTLINE DEVELOPMENT PLAN DEVELOPMENT CONTRIBUTION PLAN .........................................................83

13.5.7 DRAFT LOCAL PLANNING POLICY - PUBLIC CONSULTATION ...................................................................87

13.5.8 DRAFT ACTIVITIES CENTRES PLANNING STRATEGY - MODIFICATIONS ............................................90

13.5.9 MADDINGTON TOWN CENTRE STRUCTURE PLAN .........9613.5.10 PROPOSED MINOR MODIFICATION TO

HOMESTEAD ROAD OUTLINE DEVELOPMENT PLAN (ITEM BROUGHT FORWARD - REFER TO ITEM 11) ..............................................................................103

13.5.11 DEVELOPMENT APPLICATION - 22 GROUPED DWELLINGS - 39 (LOT 200) BROOKLAND STREET, BECKENHAM ......................................................................104

13.6 GOVERNANCE..................................................................................109

13.6.1 2012 DELEGATED AUTHORITY REVIEW .........................10913.6.2 2013 MEETING SCHEDULE - ORDINARY COUNCIL,

PUBLIC ART AND AUDIT COMMITTEES...........................11813.6.3 POLICY 5.4.6 CIVIC AND CEREMONIAL

FUNCTIONS REVIEW .........................................................121

14. MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN .................122

15. URGENT BUSINESS ....................................................................................123

15.1 DEVELOPMENT APPLICATION - SHOWROOM AND OFFICE UNITS - 1481 (LOT 300) ALBANY HIGHWAY, BECKENHAM. (ITEM BROUGHT FORWARD - REFER TO ITEM 11) ..........................................................................................123

16. CONFIDENTIAL MATTERS ..........................................................................124

16.1 SAFE CITY AWARDS - CONSIDERATION AND APPROVAL OF AWARD APPLICATIONS FOR 2012.........................................124

17. CLOSURE .....................................................................................................127


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THIS PAGE HAS BEEN LEFT BLANK INTENTIONALLY


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Minutes of the Ordinary Council Meeting held in the City of Gosnells Civic Centre Council Chambers, 2120 Albany Highway, Gosnells on Tuesday 27 November 2012.

1. DECLARATION OF OPENING/ANNOUNCEMENT OF VISITORS/DISCLAIMER

The Mayor declared the meeting open at 7.30pm and welcomed members of the public present in the public gallery, Councillors and staff.

1.1 DISCLAIMER

The Mayor read aloud the following statement:

Members of the public are cautioned against taking any action on Council decisions, on items on this evening’s Agenda in which they may have an interest, until such time as they have seen a copy of the Minutes of the meeting or have been advised in writing by City staff.

1.2 RECORDING OF COUNCIL MEETINGS

A printed copy of this notice is provided in the Public Gallery::

Please take notice that all Council Meetings are digitally recorded, with the exception of Confidential Agenda Items (in accordance with Section 5.23(2) of the Local Government Act 1995) during which time recording will cease.

Following publication and distribution of the meeting minutes to Elected Members the digital recording will be available in the following formats, for purchase at a fee adopted by Council annually:

Digital recordings CD ROM (complete with FTR Reader) for use on a Personal Computer; or

Audio recordings CD ROM for use on a CD player or DVD player.

For further information please contact the Governance Administration Officer on 9397 3012.

I _________________________________________ (THE PRESIDING MEMBER) CERTIFY THAT THESE MINUTES WERE CONFIRMED BY THE COUNCIL OF THE CITY OF GOSNELLS ON __________________________.


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2. RECORD OF ATTENDANCE

2.1 ATTENDANCE

ELECTED MEMBERS

MAYOR CR D GRIFFITHSDEPUTY MAYOR CR R MITCHELL

CR J BROWNCR T BROWNCR G DEWHURSTCR R HOFFMANCR K JONESCR R LAWRENCECR O SEARLE

STAFF

CHIEF EXECUTIVE OFFICER MR I COWIEACTING DIRECTOR COMMUNITY ENGAGEMENT MR P QUIGLEYDIRECTOR CORPORATE SERVICES MR R BOUWERDIRECTOR INFRASTRUCTURE MR D HARRISDIRECTOR PLANNING & SUSTAINABILITY MR C TERELINCKDIRECTOR GOVERNANCE MR T PERKINSMINUTE CLERK MRS K BAINBRIDGE

PUBLIC GALLERY 48

2.2 APOLOGIES

Cr W Barrett.

2.3 LEAVE OF ABSENCE

Cr S Iwanyk was granted Leave of Absence from 14 November to 30 November 2012 vide Resolution 519 of the Ordinary Council Meeting held on 13 November 2012.


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3. DISCLOSURE OF INTEREST

Cr T Brown declared an Impartiality Interest in Item 16.1, "Safe City Awards - Consideration And Approval of Award Applications for 2012".Reason: Member and Chairman of Gosnells District Neighbourhood Watch Committee.

4. ANNOUNCEMENTS BY THE PRESIDING MEMBER(without discussion)

Nil.

5. REPORTS OF DELEGATES(without discussion)

Cr R Hoffman advised that as a delegate on the South East Regional Energy Group (SEREG), he attended a function last Friday night at which the City's Switch your thinking! Program, a shared initiative with the City of Armadale and Shire of Serpentine Jarrahdale was named a finalist at the WA Water Awards (Program Innovation Category).

The prestigious Annual WA Water Awards promotes outstanding work by individuals and organisations in the water sector.

The awards recognise innovation and excellence in the technology, business and delivery of water projects. He stated that it was an honour for the work of the Syt! Program to be recognised at these awards for the first time this year and presented the award certificate received to Council.

6. QUESTION TIME FOR THE PUBLIC AND THE RECEIVING OF PUBLIC STATEMENTS

A period of 15 minutes is allocated for questions with a further period of 15 minutes provided for statements from members of the public. To ensure an equal and fair opportunity is provided to address Council, a period of 3 minutes per speaker is allowed.

The person's speaking right is to be exercised prior to any matter which requires a decision to be made at the meeting.

Questions and statements are to be –

a) Presented in writing on the relevant form to the Chief Executive Officer prior to commencement of the meeting; and

b) Clear and concise.

QUESTIONS TAKEN ON NOTICE AT PREVIOUS MEETINGS AWAITING RESPONSE

Nil.


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RESPONSES TO QUESTIONS TAKEN ON NOTICE AT PREVIOUS MEETINGS

13 November 2012 Ordinary Council Meeting

Mr Kenneth Farquhar of 10/11 Firetail Place, Kenwick asked the following questions at the 13 November 2012 Ordinary Council Meeting:

Q1 Is it a condition of the City's planning approval for the New Age Recycling/S.R.F. recycling site in Austin Avenue Kenwick that there is landscaping and reticulation of the development site?

Q2 Does the City consider that the eight dead or dying trees planted along Austin Avenue frontage of the lot and apparent lack of reticulation satisfy this condition?

Response: In reply to Mr Kenneth Farquhar the Director Planning and Sustainability provided the following written responses on 22 November 2012.

"At the 13 November 2012 Council meeting, you asked two questions and these are produced below together with responses:

Question 1: Is it a condition of the City's planning approval for the New Age Recycling/SRF. recycling site in Austin Avenue Kenwick that there is landscaping and reticulation of the development site?

Response: Yes. The approval requires both the preparation and the implementation of a satisfactory landscaping plan for the site.

Question 2: Does the City consider that the eight dead or dying trees planted along Austin Avenue frontage of the lot and apparent lack of reticulation satisfy this condition?

Response: No. The City will be pursuing this matter with the landowner separately"

Ms Elizabeth Sansom of 12/11 Firetail Place, Kenwick asked the following question at the 13 November 2012 Ordinary Council Meeting:

Q1 Is it a condition of the City's planning approval for the New Age Recycling/S.R.F. recycling site in Austin Avenue Kenwick that there is no external storage of recycling materials?

Response: In reply to Ms Elizabeth Sansom the Director Planning and Sustainability provided the following written response on 22 November 2012.

"At the 13 November 2012 Council meeting, you asked two questions and these are produced below together with responses:


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Question 1: Is it a condition of the City's planning approval for the New Age Recycling/SRF recycling site in Austin Avenue Kenwick that there is no external storage of recycling materials?

Response: Yes. The condition requires all recycling material and business activities to be contained within the approved buildings.

Question 2: Do the stock piles of building materials which are currently on site and have been for some time, breach the City's planning approval for the New Age/SRF recycling site?

Response: The owner contends that the stockpiles are associated with the installation of hardstand parking and access areas. A check of the approved plans compared to the extent of installed hardstand area reveals that the total parking area is not complete at this time, and this supports the contention. That being the case, compliance action will not be initiated against the landowner on this issue. If the external stockpiles remain after the hardstand area is completed, the situation will be reviewed"

Mr Leon Walker of 27/99 Stafford Road, Kenwick asked the following question at the 13 November 2012 Ordinary Council Meeting:

Q1 The City's planning approval for the New Age Recycling Site in Austin Avenue, Kenwick included the condition that the applicant provide dust and noise management plans to the City prior to a building licence being issued. Were such management plans in fact provided by the applicant prior to the City issuing a building licence?

Response: In reply to Mr Leon Walker the Director Planning and Sustainability provided the following written response on 22 November 2012.

"At the 13 November 2012 Council meeting, you asked the following question which is produced below together with a response:

Question 1: The City's planning approval for the New Age Recycling Site in Austin Avenue, Kenwick included the condition that the applicant provide dust and noise management plans to the City prior to a building licence being issued. Were such management plans in fact provided by the applicant prior to the City issuing a building licence?

Response: The requisite management plans have been provided to, and endorsed by, the City"


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6.1 QUESTION TIME

Question Time for the Public commenced at 7.32pm.

Ms Carol Matison of 163 Homestead Road, Gosnells asked the following questions:

1. Who gave permission for the stormwater detention basin to be built directly opposite my property - 163 Homestead Rd Gosnells - in the Homestead Road Precinct Development?

Response: The Director Planning and Sustainability advised that the question would be taken on notice and responded to in writing

2. Who is responsible for the ongoing maintenance of the Stormwater Detention Basin in Homestead Road, Gosnells?

Response: The Director Infrastructure advised that in accordance with the subdivision there would be an initial maintenance period and then this would then fall to the City to maintain but would need to check the specific conditions of the subdivision development.

Mr Johnny Van Dongen of 2069 Albany Highway, Maddington asked the following questions:

1. What is the Council actually considering about looking after the residents of the community in relation to security?

Response: The Chief Executive Officer advised that the City is concerned about the residents' security but the problems referred to are matters for the police, the offences fall under the Criminal Code or if its hooning, falls under the Road Traffic Act; they are all pieces of legislation which are developed and enforced by the State. Local government is given no policing powers under the legislation in terms of arresting or detaining people. The City has a good relationship with the police and would be happy to pass on Mr Van Dongen's concerns for their follow up.

2. What is happening regarding development of the area near my residence on Albany Highway near Prosser Toyota down to the shops?


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Response: The Director Planning & Sustainability advised that the area was one that was identified in the large lot outline development plan policy so an area where a consolidated plan needed to be put together to guide development of the individual land holdings. That policy has been reviewed in the last six or eight months with the intention of making it easier for people in the large lot ODP areas to develop or to work together. In regard to Mr Van Dongen's particular parcel of land and the broader area in that precinct he advised he would have to have a look at it and provide feedback.

Question Time for the Public concluded at 7.39pm.

6.2 PUBLIC STATEMENTS

Public Statement Time commenced at 7.39pm.

6.2.1 Mr Armand Ratilal of 18 Middle Parkway, Canning Vale submitted the following statement in relation to Item 13.4.1" Glenariff Estate, Canning Vale - Petition " speaking in regards to the petition submitted on behalf of 58 residents in Glenariff Estate pointing out what he perceived as several inaccuracies in the agenda:

He stated part of the petition was to undertake a public meeting on a POS site. There has been no public meeting and it was incorrectly stated that Emerald Park has not been totally developed - it has not been developed at all.

The petition also requested a timeline of when Council would act on concerns and there was no timeline in the agenda.

According to the Agenda, basic weeding on verges and other areas around Glenariff Estate has been done but when walking to the bus stop Mr Ratilal had weeds up to his waist.

6.2.2 Mrs Margaret Siedl of 4/11 Firetail Place, Kenwick submitted the following statement in relation to Item 13.5.3 "Amendment No. 137 to Town Planning Scheme No. 6 to apply an Additional Use (Industry - Noxious) to 20-28 (Lot 2) Austin Avenue, Kenwick" speaking in favour of the proposed staff recommendation:

Mrs Siedl advised her home is approximately 75 metres from the operations on Lot 2 Austin Avenue, and expressed concern at the possibility of the establishment of a facility handling large amounts of waste material in such close proximity to homes with elderly people and young children.


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She indicated that in the locations of Firetail Place and Stafford Village units there are approximately 100 homes that are within 200 metres of the subject site with the nearest property being only 27 metres from the site, not the 1000 metres recommended by the EPA Guidance Statement.

She expressed concern that if approval is given for the establishment of this facility, it will set a precedent for other facilities either on the same site or on other sites that are in close proximity to homes, suggesting it would be a poor example of planning if this land was rezoned to allow noxious activities. She urged Councillors to vote with the staff recommendations to refuse to initiate any amendments to the Town Planning Scheme for this site.

6.2.3 Mr Henry Dykstra of Dykstra Planning submitted the following statement in relation to Item 13.5.3 "Amendment No. 137 to Town Planning Scheme No. 6 to apply an Additional Use (Industry - Noxious) to 20-28 (Lot 2) Austin Avenue, Kenwick":

Mr Dykstra requested that Council withdraw this agenda item to allow it to be represented to a later meeting of Council to provide staff with further information and more stringent zoning controls in relation to the proposed Scheme Amendment.

6.2.4 Mr Paul Kotsoglo of Planning Solutions submitted the following statement in relation to Item 15.1 " Development Application - Showroom and Office Units - 1481 (Lot 300) Albany Highway, Beckenham " speaking in favour of the proposed staff recommendation:

Mr Kotsoglo spoke in favour of the recommendation and thanked staff for their efforts in getting the item onto the agenda.

6.2.5 Mrs Carol Matison of 163 Homestead Road, Gosnells submitted the following statement in relation to Item 13.5.10 "Proposed Minor Modification to Homestead Road Outline Development Plan" speaking against the proposed staff recommendation:

Mrs Matison provided a history on the petition relating to speeding and traffic safety issues in Homestead Road that was presented to Council in June 2008 and the resolutions of the August 2008 meeting to build a roundabout to alleviate the speeding vehicles, dangers and associated problems.

She raised no objection to the road being moved, but strongly objected to the removal of the roundabout from the Outline Development Plan preferring that it remain at the junction of Lauterbach Drive and Homestead Road in the interests of safety for all the residents living in the locality.


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She further suggested the roundabout in the current ODP at the intersection of Derrick Street and Homestead Road be relocated to the junction of Lauterbach Drive and Homestead Road as there is already six traffic calming devices in the upper stretch of Homestead Road between Derrick and George Streets.

She stated she had not sighted any monitoring equipment in the street in the last 12 months and questioned how a Traffic Engineering Report could be conducted to come up with a 'Level of Service A'.

Public Statement Time concluded at 7.50pm.

7. CONFIRMATION OF MINUTES

STAFF RECOMMENDATION AND COUNCIL RESOLUTION

558 Moved Cr T Brown Seconded Cr J Brown

That the Minutes of the Ordinary Council Meeting held on 13 November 2012, as published and distributed be confirmed as an accurate record.

CARRIED 9/0FOR: Cr J Brown, Cr T Brown, Cr G Dewhurst, Cr R Hoffman, Cr K Jones, Cr R Lawrence,

Cr R Mitchell, Cr O Searle and Cr D Griffiths.

AGAINST: Nil.

8. RECEIVING OF PETITIONS AND PRESENTATIONS

Petitions and Presentations are made in accordance with the requirements outlined in the City of Gosnells Standing Orders Local Law 2012.

Copies of petitions and any items tabled must be provided to the Chief Executive Officer immediately following completion of the submission.


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8.1 REQUEST FOR THE INSTALLATION OF BOLLARDS ON JACK WAY, SUMMER PINES ESTATE, CANNING VALE.

Cr R Lawrence presented a petition initiated by Dr Trilochan Mukkur of 14 Coulteri Nook, Canning Vale containing 10 signatures. The petition stated:

“We request and suggest that no through-road be constructed from the Coulteri Nook and Jack Way junction onwards to the housing development under construction and that Jack Way be made a one way road and bollards be put up at the junction of Jack Way and Coulteri Nook.”

For the following reasons;"For the sake of safety, especially of children who walk via Coulteri Nook and Jack Way. The safety of pedestrians should be given the utmost priority and should not be compromised."

COUNCIL RESOLUTION

559 Moved Cr R Lawrence Seconded Cr O Searle

That the petition initiated by Dr Trilochan Mukkur of 14 Coulteri Nook, Canning Vale containing 10 signatures which seeks consideration of Council for the installation of bollards on Jack Way, Summer Pines Estate, Canning Vale, be received and referred to the CEO for action.



AGAINST: Nil.

8.2 REQUEST THAT THE COUNCIL REFUSES TO INITIATE ANY CHANGES TO THE ZONING OF LOT 2, 20 AUSTIN AVENUE, KENWICK.

Cr O Searle presented a petition initiated by Mr David Munut, Secretary of the Gosnells District Progress and Ratepayers Association (Inc.) containing 94 signatures. The petition stated:

“That the City of Gosnells refuse to initiate any changes to the zoning of Lot 2, 20 Austin Avenue, Kenwick."

For the following reasons; "The proposed zoning change would allow activities that are inconsistent

with its proximity to sensitive land uses

The proposed activity on the site has a recommended EPA buffer distance of 1000 metres, which is inconsistent with the current 50 metre buffer

The proposed activity on the site will be a source of dust and noise emissions that will impact local residents.”


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COUNCIL RESOLUTION

560 Moved Cr O Searle Seconded Cr R Mitchell

That the petition initiated by Mr David Munut, Secretary of the Gosnells District Progress and Ratepayers Association (Inc.) containing 94 signatures which seeks consideration of Council to refuse to initiate any changes to the zoning of Lot 2, 20 Austin Avenue, Kenwick, be received.



AGAINST: Nil.

9. APPLICATIONS FOR LEAVE OF ABSENCE

Clause 4.10 of the City of Gosnells Standing Orders Local Law 2012 states:

“(1) A Member seeking the Council’s approval to take leave of absence shall give written notice to the CEO prior to the commencement of the meeting.

(2) The notice referred to in subclause (1) shall include the period of leave of absence required and the reasons for seeking the leave”.

Nil.

10. QUESTIONS OF WHICH DUE NOTICE HAS BEEN GIVEN(without discussion)

Nil.

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

For the convenience of the public gallery, Council may resolve to bring forward any matter that has been raised during Item 6 ‘Question Time for the Public and the Receiving of Public Statements’, Item 8 ‘The Receiving of Petitions, Deputations and Presentations’ or any other minutes item known to be of interest to the public in attendance [Clause 4.12 of the City of Gosnells Standing Orders Local Law 2012]


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COUNCIL RESOLUTION

561 Moved Cr R Mitchell Seconded Cr O Searle

That for the convenience of the Public Gallery, the following item/s be brought forward to this point of the meeting for discussion:

Item 13.4.1 Glenariff Estate, Canning Vale - Petition.

Item 13.5.3 Amendment No. 137 to Town Planning Scheme No. 6 to apply an Additional Use (Industry - Noxious) to 20-28 (Lot 2) Austin Avenue, Kenwick.

Item 13.5.10 Proposed Minor Modification to Homestead Road Outline Development Plan.

Item 15.1 Development Application - Showroom and Office Units - 1481 (Lot 300) Albany Highway, Beckenham



AGAINST: Nil.


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13.4.1 GLENARIFF ESTATE, CANNING VALE - PETITIONAuthor: D SmithAuthor’s Declaration of Interest:

Nil.

Previous Ref: Nil.Appendix: 13.4.1A Advice letter to residents - 26 September 2012

PURPOSE OF REPORT

To provide elected members with information in response to a petition received from Mr Armand Ratilal which was presented at the Ordinary Council Meeting of 9 October 2012 containing 58 signatures.

BACKGROUND

The West Canning Vale Outline Development Plan (ODP) was endorsed by the City some years ago. It reflected a proposal from a number of the original landowners to develop land for residential purposes. The principal developer, Taggart Developments commenced development of the estate but has now gone into liquidation.

Since the insolvency of the developer of Glenariff Estate - Taggart Developments, the City has received regular enquiries from residents who desire to see the area of public open space, known as Emerald Park, developed to a suitable standard. Enquiries also relate to the level of general maintenance applied to areas of public land.

DISCUSSION

The petition requested that the City undertake a number of actions associated with Glenariff Estate and this report addresses each request individually.

Investigate and act upon options to create a temporary park immediately, using funds already paid for by Taggart DevelopmentsAs advised to residents in earlier correspondence from the City, when new housing estates are created by developers, there is a requirement that some land is provided as parkland. In this situation, the land parcel for Emerald Park was placed across land held in three different ownerships. To date only two of the three different owners have completed their subdivision proposals. This means that until the last parcel of land is subdivided, the City is unable to develop the full area of the park.

As the park has only been partially provided and this site currently provides a significant drainage function, it is not possible to further develop this portion of the site. The City provides an undertaking that the existing grassed area will be maintained to a basic standard.

While land has been set aside for future POS, at the time that this was done there was no statutory obligation on the part of the developer to actually convert the land to usable recreation space for the community. It is worthwhile noting however that lots were sold by developers on the basis that a developed public open space would be provided by the developers. Funds were not made available by the developers to enable this to occur.


Item 13.4.1 Continued

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Undertake to conduct a public meeting on the POS site to advise residents on why there is no park as promisedOn 26 September 2012 the City provided a letter to all residents living in proximity to Emerald Park advising of the City's position relating to the development of Emerald Park. The written advice clearly outlines the reasons Emerald Park has not been totally developed and is contained in Appendix 13.4.1A.

Remove signage at various locations within the EstateThe City will undertake the removal of all developer sales and promotional signage.

Replant trees that are damaged or taken out by buildersThis will be undertaken in future years as part of the City's street tree replacement program. These works are generally undertaken annually during the winter months commencing after the first rains of the season.

Perform basic weeding on road verges and other areas around Glenariff EstateWeed management is undertaken as part of the City's kerb line and footpath weed spraying program. This spraying program has been undertaken throughout the City during September and October with the Glenariff Estate included in the program.

Investigate options of getting rid of stagnant water in the POS and the drainage channels leading to it immediatelyFollowing rain events Emerald Park can hold residual water as do many other parks within the City. The City's intention is to minimise the impact of water following rainfall. The Emerald Park design will require the inclusion of a water detention area to cater for these events and this will be integrated into the final overall design of the park.

Build a footpath connecting the Glenariff Estate to the Ranford Estate via the Nicholson Road School crossing for Ranford Primary School studentsA pedestrian linkage is currently being constructed that will link Ballycastle Loop and Nicholson Road. An existing pedestrian linkage between Merrion Ramble and Nicholson Road provides connectivity between Glenariff Estate and Ranford Primary School in the City of Canning. Both linkages will provide access to Nicholson Road from different locations within Glenariff Estate.

FINANCIAL IMPLICATIONS

The City undertakes operational tasks within the Estate and these are funded from annual operational budgets. The City is not in a position to undertake all works identified in the Developer Contribution Plan as not all developer contributions have been collected. This is because not all land parcels within the estate have been developed.



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STATUTORY IMPLICATIONS

Nil.

VOTING REQUIREMENTS

Simple Majority required

STAFF RECOMMENDATION (1 OF 2) AND COUNCIL RESOLUTION

562 Moved Cr J Brown Seconded Cr G Dewhurst

That Council receive the report and that the petitioners be advised of the actions that the City is undertaking to assist in the rectification of undertakings that have not been met by the developers of 'Glenariff Estate'.



AGAINST: Nil.



That Council approve expenditure from the Glenariff Estate operational budget to effect the removal of all redundant developer sales and promotional signage.



AGAINST: Nil.


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13.5.3 AMENDMENT NO. 137 TO TOWN PLANNING SCHEME NO. 6 TO APPLY AN ADDITIONAL USE (INDUSTRY - NOXIOUS) TO 20-28 (LOT 2) AUSTIN AVENUE, KENWICK

Author: L LangfordAuthor’s Declaration of Interest:

Nil.

Reference: 223302Application No: PF12/00037Applicant: Dykstra PlanningOwner: Ridan Pty LtdLocation: 20-28 (Lot 2) Austin Avenue, KenwickZoning: MRS: Urban

TPS No. 6: Light IndustryReview Rights: Initiation - none, however consent to advertise is subject to

approval by the Western Australian Planning Commission.Area: 1.6321ha (Combined)Previous Ref: Nil.Appendix: 13.5.3A Draft Town Planning Scheme No. 6 Amendment

Map

PURPOSE OF REPORT

For Council to consider initiating an amendment to Town Planning Scheme No. 6 (TPS 6), to include Industry - Noxious as an Additional Use on 20-28 (Lot 2) Austin Avenue, Kenwick.

BACKGROUND

Site History

On 12 March 2009, the City received an application for planning approval for a Light Industry (building materials recycling facility). Specifically, the proposal involved the receipt, sorting and crushing of building waste material (originating from the landowner's other building construction projects) within a large concrete building for subsequent sale to other recycling companies.

Given the small scale of the proposed operation, the activity was defined as a Light Industry under TPS 6 which is permitted on Light Industry zoned land. The application was subsequently approved on 18 June 2009, subject to conditions including a time limit of five years for which to operate and the submission of dust and noise management plans.

In May 2012, the City became aware that the proponent sought to expand the scope of the proposed operation to accept materials from the open market, which leads to the conclusion that the scale of the proposal is intended to increase. To do so would be in breach of the City's planning approval.

On 24 May 2012, the DEC issued a Prescribed Premises licence under the Environmental Protection Act 1986, which imposed a maximum waste acceptance of 75,000 tonnes per year on the site. This licence is currently subject to an appeal under Part VII of the Environmental Protection Act 1986.



17

In accordance with TPS 6, a use which is subject to licensing as a Prescribed Premises under the Environmental Protection Act 1986 is classified as an Industry - Noxious, which is prohibited in the Light Industry zone. As such, the use cannot be approved on the subject site. A Prescribed Premises licence is required for an operation which processes more than 1,000 tonnes of waste per year. To operate at such a level would mean that the proposal no longer complies with the City's planning approval as TPS 6 would then define the activity as an Industry - Noxious which is not permitted in the Light Industry zone.

The facility is in the process of being constructed.

Site Description and Planning Framework

The subject lot accommodates a 550m² warehouse/showroom building (Tradelink) near the front boundary of the site and a newly constructed 665m² building on the north-eastern boundary of the property, located approximately 140m from Austin Avenue.

The subject site and surrounding properties to the east and west are zoned Light Industry and properties to the south and south-east of the site are zoned General Industry under TPS 6. The Armadale Railway Line runs along the south-western boundary of the site and Residential zoned land is located to the north of the site which is separated from the subject site by an open drain reserve approximately 18m wide. The nearest residential dwelling is located approximately 27m from the boundary of the subject site.

A plan identifying the location of the subject site follows:

AUSTINAV

CHURCHRD

WY

MCINTYRE

2



18

Proposal

The Scheme Amendment proposes to include the land use Industry - Noxious as an Additional Use on 20-28 (Lot 2) Austin Avenue, Kenwick, for the purpose of operating a building materials recycling facility. The proposal involves inserting the following into Schedule 2 - Additional Uses of the Scheme Text:

No. Description of Land Additional Use Conditions

17 20-28 (Lot 2) Austin Avenue, Kenwick

Industry - Noxious (Building Materials Recycling Facility)

1. Operation of the facility is to be in accordance with the conditions of a current and valid licence issued by the DEC.

A copy of the draft TPS 6 amendment map is attached as Appendix 13.5.3A.

The amendment does not propose to change the Light Industry zoning and only proposes to include the land use of Industry - Noxious as a permissible Additional Use, so as to reflect the landowner's desire to expand on the current development approval for the site.

DISCUSSION

Appropriateness of the Land Use

The main issue for consideration as part of this proposal is the appropriateness of the proposed land use for the subject site.

The Light Industry zone (of which the subject property is a part) acts as a 'transition zone' between the General Industry zone to the south-east and the Residential zone to the north. This is to reduce the potential for land use conflicts between more intensive industrial uses contained within the General Industry zone and sensitive land uses contained in the Residential zone. The Industry - Noxious land use is one which is only permissible in the General Industry and Extractive Industry zones, as it is generally assumed that this land use is impactful and should be separated from residential areas.

The Environmental Protection Authority's Guidance Statement No. 3 (published in June 2005) provides direction on the separation distances between industrial and sensitive land uses (in accordance with the Environmental Protection Act 1986). The separation distances outlined in the Guidance Statement are based on the consideration of typical impacts that may affect the amenity of nearby sensitive land uses. The distances outlined in the Guidance Statement are not intended to be absolute separation distances, rather they are a default distance for the purpose of:

Identifying the need for specific separation distance or buffer definition studies

Providing general guidance on separation distances in the absence of site-specific technical studies.



19

According to this Guidance Statement, the recommended buffer distance is as follows:

200m from the solid waste depot component

1,000m from the crushing of building material component, due to potential noise, dust and odour impacts.

Whilst the impacts generally can and should be managed for all Industry - Noxious land uses, Council should have regard to the potential risks associated with such a land use and the future management of possible land use conflicts within close proximity to the nearby residential area. Furthermore, the proposed scheme amendment would not prevent a future business from establishing a large scaled intensive operation on the site.

Based on the characteristics of the surrounding area and the type of land use being proposed, it is considered that the proposed amendment should not be initiated as it does not provide a suitable interface with medium density residential uses located on the opposite side of the drain reserve, approximately 27m from the subject site. Ultimately, it is considered that such a use would be more appropriate within the General Industry zone, located away from the interface with the residential area.

CONCLUSION

It will be recommended that the proposed Scheme Amendment not be initiated for the following reasons:

The Industry - Noxious land use does not provide for a suitable interface with the residential area located to the north of the subject site

The proposed scheme amendment would not prevent a future business from establishing a more intensive operation on the site

The Industry - Noxious land use may give rise to land use conflict management issues.


All costs associated with the Scheme Amendment will be borne by the applicant.


Town Planning Scheme No. 6

Town Planning Regulations 1967.

VOTING REQUIREMENTS

Simple Majority required.



20

STAFF RECOMMENDATION

Moved Cr R Hoffman Seconded Cr J Brown

That Council refuse to initiate Amendment No. 137 to Town Planning Scheme No. 6 to include Industry - Noxious as an Additional Use on 20-28 (Lot 2) Austin Avenue, Kenwick, for the following reasons:

1. The Industry - Noxious land use does not provide for a suitable interface with the residential area located to the north of the subject site.

2. The proposed scheme amendment would not prevent a future business from establishing a more intensive operation on the site.

3. The Industry - Noxious land use may give rise to land use conflict management issues.

Foreshadowed Motion

During debate Cr R Mitchell foreshadowed that he would move the following motion:

“That Council agrees to defer consideration of the proposed amendment to Town Planning Scheme No. 6, lodged by Dykstra Planning, at the applicants' request, for a period of a maximum of 3 months.”

if the motion under debate was defeated, provided the following written reason for the proposed amendment:

“The alternate recommendation provides an appropriate response to the applicants' wish to have the matter deferred.”

Additional Motion

During debate Cr G Dewhurst moved the following additional motion:

“That Council authorises the initiation of compliance and prosecution action in the event that the property contravenes the provisions of Town Planning Scheme 6 or the terms of any planning approval for the land."

Cr G Dewhurst provided the following written reason for the motion:

“The proposed additional recommendation will assist in ensuring a timely response to any ongoing compliance issues that may be associated with the commissioning or operation of the proposed business”.

Cr O Searle Seconded Cr G Dewhurst's additional motion.



21

At the conclusion of debate the Mayor put Cr G Dewhurst's additional motion, which reads:

COUNCIL RESOLUTION

564 Moved Cr G Dewhurst Seconded Cr O Searle

That Council authorises the initiation of compliance and prosecution action in the event that the property contravenes the provisions of Town Planning Scheme 6 or the terms of any planning approval for the land.

CARRIED 8/1FOR: Cr T Brown, Cr G Dewhurst, Cr R Hoffman, Cr K Jones, Cr R Lawrence, Cr R Mitchell,

Cr O Searle and Cr D Griffiths.

AGAINST: Cr J Brown.

The Mayor then put the staff recommendation, which reads:

STAFF RECOMMENDATION - LOST

Moved Cr R Hoffman Seconded Cr J Brown

That Council refuse to initiate Amendment No. 137 to Town Planning Scheme No. 6 to include Industry - Noxious as an Additional Use on 20-28 (Lot 2) Austin Avenue, Kenwick, for the following reasons:

1. The Industry - Noxious land use does not provide for a suitable interface with the residential area located to the north of the subject site.

2. The proposed scheme amendment would not prevent a future business from establishing a more intensive operation on the site.

3. The Industry - Noxious land use may give rise to land use conflict management issues.

LOST 4/5FOR: Cr J Brown, Cr T Brown, Cr O Searle and Cr D Griffiths.

AGAINST: Cr G Dewhurst, Cr R Hoffman, Cr K Jones, Cr R Lawrence, Cr R Mitchell.

Notation

As the staff recommendation was lost the Mayor invited Cr R Mitchell to put his foreshadowed motion, which Cr R Lawrence seconded.



22

Foreshadowed Motion

During debate on the foreshadowed motion by Cr R Mitchell, Cr T Brown foreshadowed that he would move the following motion:

“That Council revoke the vote on the staff recommendation 13.5.3”

Providing the following reason for the proposed amendment:

“An Elected Member inadvertently voted wrongly."

COUNCIL RESOLUTION

565 Moved Cr R Mitchell Seconded Cr R Lawrence

That Council agrees to defer consideration of the proposed amendment to Town Planning Scheme No. 6, lodged by Dykstra Planning, at the applicants' request, for a period of a maximum of 3 months.

CARRIED 5/4FOR: Cr G Dewhurst, Cr R Hoffman, Cr R Lawrence, Cr R Mitchell, and Cr D Griffiths.

AGAINST: Cr J Brown, Cr T Brown, Cr K Jones and Cr O Searle.

Notation

As it was established that there was an irregularity with the electronic voting system, the voting for the above Council Resolution number 565 was conducted by a show of hands.

Notation

As Council adopted the foreshadowed motion from Cr R Mitchell, Cr T Brown's foreshadowed motion was not proceeded with.

Notation

8.55pm - Cr G Dewhurst left the meeting.


23

13.5.10 PROPOSED MINOR MODIFICATION TO HOMESTEAD ROAD OUTLINE DEVELOPMENT PLAN

Author: A ThompsonAuthor’s Declaration of Interest:

Nil.

Reference: VariousApplication No: PF12/00027Applicant: Dynamic Planning and DevelopmentsOwner: VariousLocation: Homestead Road PrecinctZoning: MRS: Urban, Parks and Recreation

TPS No. 6: Residential DevelopmentReview Rights: Yes. State Administrative Tribunal or the WAPC against any

discretionary decision of Council.Area: 13.486haPrevious Ref: 26 August 2008 (Resolutions 396 - 398)Appendices: 13.5.10A Current Homestead Road ODP

13.5.10B Draft modified Homestead Road ODP13.5.10C Schedule of Submissions

PURPOSE OF REPORT

For Council to consider a minor modification to the Homestead Road Outline Development Plan (ODP), as the proposal is outside the authority delegated to staff due to objections being received during the advertising period.

BACKGROUND

History

On 26 August 2008, Council considered a proposed ODP for the Homestead Road Precinct and resolved (Resolution 397) to adopt a modified version of the ODP to that which was advertised for public comment and forward the proposal to the Western Australian Planning Commission (WAPC) for determination.

One of the modifications referred to in Resolution 397 was as follows:

"e) Provision of a new subdivisional road through Lot 6 and an additional roundabout along Homestead Road to create a four-way intersection with Homestead Road and Lauterbach Drive, and removal of one of the road connections to Homestead Road previously proposed through Lots 11 or 12 and 1121."

A copy of the current ODP is contained as Appendix 13.5.10A.



24


The Homestead Road ODP area encompasses approximately 13.486ha of land bound by Homestead Road to the south and west, railway reservation to the east and the Canning River reserve to the north. The ODP is intended to provide a framework to guide the subdivision and development of the Homestead Road Precinct.

A portion of land within the ODP is currently being subdivided into residential lots. The remainder of the ODP area comprises larger landholdings, most of which are used for rural-lifestyle purposes.

A plan showing the Homestead Road ODP area follows.LISSIMAN

ST

RD

LAUTERBACH

HOWELLS

PL

HOMESTEADRD

DR

CT

VIDICHST

TRAYNERCL

DERRICKST

LAU T

ERBA

C HDR

E LPH

ICK

ST

101

6

5

1117

L

2

1123

1122

1121

12

111

Proposal

The proposed modification to the Homestead Road ODP involves the following:

The relocation of the proposed access road from the existing intersection of Homestead Road and Lauterbach Drive (within Lot 6), approximately 80m north so as to be within Lot 5. The relocated access road is to be restricted to pedestrian access only

The retention of the intersection at Homestead Road and Lauterbach Drive as a three-way intersection

The removal of the proposed roundabout at the intersection of Homestead Road and Lauterbach Drive.



25

A copy of the draft modified ODP is contained as Appendix 13.5.10B.

Consultation

In accordance with Local Planning Policy 3.1 - Outline Development Plans, the proposal was advertised for a period of 14 days by way of letters to directly affected and immediately surrounding landowners.

The City received four submissions during the advertising period, three objecting to the proposal and one raising no objection.

A map identifying the extent of the consultation area and the origin of each submission follows.

Referral area

No objection

Comment

Objections

Public Consultation

Legend

REFERRAL AREA

NO OBJECTION

COMMENT

OBJECTIONS

PUBLIC CONSULTATION

LEGEND

LISSIMANST

115

20

6

HOMESTEADRD

21

LAUTERBACH DR

HO

WELLS

PL

A summary of submissions received and comments thereon are included in the Schedule of Submissions contained as Appendix 13.5.10C.



26

The main concern raised by the submissions related to the removal of the roundabout from the ODP and the associated traffic issues. This is discussed below, along with any other applicable technical matters.

DISCUSSION

Movement Network

During the advertising period, concern was raised relating to the proposed modification to remove the roundabout for traffic safety and traffic calming purposes.

The applicant has submitted a Traffic Engineering Report which includes an assessment of intersection treatment options for Homestead Road and Lauterbach Drive, under both the current ODP and the draft modified ODP. The Traffic Engineering Report concludes that both intersection treatments should attain a 'Level of Service A' upon construction and retain a similar level of service over 20 years of use. The Report confirms that the proposed removal of the road on Lot 6, creating a staggered T intersection, satisfies minimum stagger distance requirements of Liveable Neighbourhoods. The Report concludes that there is not considered to be any further safety risks associated with the proposed modification.

The main concern raised by submitters related to traffic speeds along Homestead Road. Whilst this is acknowledged as an issue, the problem of speeding vehicles has existed for a number of years and does not relate specifically to the implementation of the ODP. Furthermore, should the removal of the roundabout be approved, it will in no way impinge police's ability to enforce the Road Traffic Act or the City's ability to implement other traffic management measures along Homestead Road.

Urban Design

The proposal includes the relocation of the access road on Lot 6 Homestead Road, approximately 80m to the north to Lot 5 Homestead Road. This access road is intended to provide pedestrian access only and is proposed to contain bollards restricting access. Any future residential development abutting this access road would need to be carefully designed to ensure an appropriate interface between the road and the development. This interface may be controlled through the requirement for Detailed Area Plans as a condition on subdivision. It will therefore be recommended that the ODP be further modified by inserting a notation requiring Detailed Area Plans for lots abutting this road.

In addition, the creation of new lots and the development of homes on Homestead Road will also assist in creating a low speed traffic environment by "enclosing" the streetscape to a greater degree than currently exists.

CONCLUSION

It will be recommended that Council adopt the proposed modification to the ODP (as contained in Appendix 13.5.10B), subject to it being further modified to insert a requirement for Detailed Area Plans to be approved for any lots abutting the new access road on Lot 5.



27


All costs associated with modifying the Outline Development Plan will be borne by the applicant.



Local Planning Policy 3.1 - Outline Development Plans.

VOTING REQUIREMENTS


Notation

8.57pm - Cr G Dewhurst returned to the meeting.

STAFF RECOMMENDATION (1 OF 2)

Moved Cr G Dewhurst Seconded Cr R Mitchell

That Council, pursuant to Clause 7.5.1 of Town Planning Scheme No. 6, adopt the proposed modification to the Homestead Road Outline Development Plan, as contained in Appendix 13.5.10B, subject to it being further modified to insert a requirement for Detailed Area Plans to be approved for any lots abutting the new access road on Lot 5.

STAFF RECOMMENDATION (2 OF 2)


That Council, pursuant to Clause 7.5.2(a) of Town Planning Scheme No. 6, forward the proposed modification to the Homestead Road Outline Development Plan to the Western Australian Planning Commission.

Foreshadowed Motion

During debate Cr J Brown foreshadowed that she would move the following motion:

“That Council refer item 13.5.10 Proposed Minor Modification to Homestead Road Outline Development Plan back to a later meeting of Council prior to March 2013 to enable staff the opportunity to explore further design and funding options for a roundabout.”

if the motion under debate was defeated, providing the following written reason for the proposed amendment:

“Concerns expressed by the community in relation to traffic movements in Homestead Road”.



28

At the conclusion of debate the Mayor put the staff recommendations, which reads:

STAFF RECOMMENDATION (1 OF 2) - LOST


That Council, pursuant to Clause 7.5.1 of Town Planning Scheme No. 6, adopt the proposed modification to the Homestead Road Outline Development Plan, as contained in Appendix 13.5.10B, subject to it being further modified to insert a requirement for Detailed Area Plans to be approved for any lots abutting the new access road on Lot 5.

LOST 0/9FOR: Nil.

AGAINST: Cr J Brown, Cr T Brown, Cr G Dewhurst, Cr R Hoffman, Cr K Jones, Cr R Lawrence, Cr R Mitchell, Cr O Searle and Cr D Griffiths

STAFF RECOMMENDATION (2 OF 2) - LOST


That Council, pursuant to Clause 7.5.2(a) of Town Planning Scheme No. 6, forward the proposed modification to the Homestead Road Outline Development Plan to the Western Australian Planning Commission.

LOST 0/9FOR: Nil.

AGAINST: Cr J Brown, Cr T Brown, Cr G Dewhurst, Cr R Hoffman, Cr K Jones, Cr R Lawrence, Cr R Mitchell, Cr O Searle and Cr D Griffiths

Notation

As the staff recommendation was lost the Mayor invited Cr J Brown to put her foreshadowed motion, which Cr R Hoffman seconded.

COUNCIL RESOLUTION

566 Moved Cr J Brown Seconded Cr R Hoffman

That Council refer item 13.5.10 Proposed Minor Modification to Homestead Road Outline Development Plan back to a later meeting of Council prior to March 2013 to enable staff the opportunity to explore further design and funding options for a roundabout.



AGAINST: Nil.


29

15.1 DEVELOPMENT APPLICATION - SHOWROOM AND OFFICE UNITS - 1481 (LOT 300) ALBANY HIGHWAY, BECKENHAM

Author: K IvoryAuthor’s Declaration of Interest:

Nil.

Reference: 309865Application No: DA12/00145Applicant: Planning SolutionsOwner: T E WangLocation: 1481 (Lot 300) Albany Highway, BeckenhamZoning: MRS: Urban

TPS No. 6: Special UseReview Rights: Yes. State Administrative Tribunal against any discretionary

decision of Council.Area: 3,768m²Previous Ref: Nil.Appendices: 15.1A Site Plan, Floor Plan and Elevations

15.1B Detailed Area Plan

PURPOSE OF REPORT

For Council to consider an application for planning approval for Showroom and Office units at 1481 (Lot 300) Albany Highway, Beckenham as the proposal is outside the authority delegated to staff as it involves a variation to the car parking requirements of Town Planning Scheme No. 6 (TPS 6).

BACKGROUND


The subject site is currently vacant and is located on the corner of Albany Highway and Nicholson Road. The property is very close to the municipal boundary with the City of Canning and is surrounded by commercial and residential land uses.

A plan showing the location of the subject site follows.


Item 15.1 Continued

30

SUBJECTSITE

ALBANY HWY

2289

City of Canning

NICHOLSON

RD

300

Proposal

The application involves the following:

The development of a two storey building containing three showrooms and two office tenancies

Vehicle access to the development is proposed via both Nicholson Road Service Road and Lot 2289 to the northwest

A total of 35 car parking bays are proposed to be provided; 32 on site and three on Nicholson Road Service Road.

A site plan, internal floor plans and elevations are contained in Appendix 15.1A.

Consultation

The development application was not required to be advertised.

Referrals

The application does not propose to modify any access arrangements for the site. Having regard to the location of the proposed development the application was referred to Main Roads Western Australia. Main Roads advised that it has no objection to the proposal. The proposal was also forwarded to the Urban Transport Systems (UTS) branch of the Department of Planning as the site abuts Albany Highway and Nicholson Road. UTS advised that the application should be assessed under the City's delegation.


Item 15.1 Continued

31

DISCUSSION


Land Use Permissibility

The subject site is zoned Special Use under TPS 6. Schedule 4 of TPS 6 sets out the land uses permitted on each lot within the Special Use zone. Notably, Schedule 4 states that Showroom and Office uses are not permitted unless the local government has exercised its discretion by granting planning approval.

Car Parking

The following table details TPS 6 car parking requirements for showroom and office and the car parking available to the tenancies.

Use Class TPS 6 Car Parking Standards

TPS 6 Car Parking Required

Car Parking Bays Provided

Showroom 1 space for every 50m2 gross leasable floor area.

The floor area designated for this use is 1,550m2.

Therefore 31 bays are required.

Office 1 space for every 30m² net nettable area.

The floor area designated for this use is 285m2.

Therefore 10 bays are required (rounded up from 9.5).

Total 41 bays are required. A total of 35 bays are proposed.

The proposal therefore involves a six bay variation to the car parking requirements of TPS 6.

There is scope to consider a variation to the parking requirements on the basis of Clause 5.13.3 of TPS 6, which states;

"Where the Council is satisfied that the circumstances of a development justify such action and there will be not be any resultant lowering of safety, convenience and amenity standards, it may permit a reduction in the number of car parking spaces required by clause 5.13.1"

In considering the proposed variation, the following is relevant:

Each of the proposed units will involve an element of storage, which will not be open to the public and therefore will not contribute to any car parking demand

The proposal involves reciprocal rights of access with the adjoining Lot 2289, which will provide benefits in terms of accessibility, safety and traffic management. Whilst the proposal does not involve any formal rights of access over the car parking on Lot 2289, in practice, given the sites will be linked via the proposed accessway, it is likely that there will be instances of informal sharing of car parking facilities


Item 15.1 Continued

32

The subject site is located off Albany Highway, which is well served with public transport (bus) services.

Based on the above, the parking variation is considered acceptable in this instance.

As previously detailed, the proposal involves the provision of three car parking bays in the Nicholson Road Service Road reserve. If the application is approved, it will be recommended that a condition be imposed requiring the proponent to make a financial contribution to the City for future maintenance of the bays.

Detailed Area Plan

A Detailed Area Plan (DAP) was approved for the subject site in late 2010, which sets out the manner in which subdivision and development is to occur. The approved DAP is contained as Appendix 15.1B.

The DAP establishes criteria to ensure that a high quality built form occurs on the site. The proposed development generally complies with the adopted DAP. The proposed development proposes a variation to the DAP setbacks, as it is proposed to set the building back 15m from the Albany Highway boundary. The setback has been increased to provide for reciprocal access through the site to Lot 2289 Albany Highway. Due to the design of the existing buildings on Lot 2289, reciprocal access is not achievable if the proposed development is required to be built up to the Albany Highway boundary. In light of the above, the quality of the built form outcome and the reciprocal access agreement warrants the proposed variation to the street setback provisions of the DAP.

Further to the above, the Detailed Area Plan advocates the provision of public art as part of the development of the site, due to its prominence and high exposure. Whilst Council is unable to actually impose a condition requiring the provision of public art, the current application does makes reference to an on-site art feature at the eastern corner of the property. If the application is supported, it will be recommended that the applicant provide additional details of the on-site art feature.

Local Planning Policy 4.9 - Signage and Flags

The applicant has stated that the signage depicted is indicative only as this is dependent on tenant requirements. It will therefore be recommended that a condition be imposed requiring the submission of a signage strategy for the site.

Traffic

The proposal has no direct access to Nicholson Road or Albany Highway as per the approved Detailed Area Plan. Vehicle access to the development is via Nicholson Road Service Road and Lot 2289 Albany Highway. The proposal is therefore considered acceptable from a traffic perspective.

CONCLUSION

The proposal is supported for the following reasons:

Whilst not complying with TPS 6, the proposed car parking provision is considered to be sufficient to cater for the combination of land uses


Item 15.1 Continued

33

The proposed development provides an attractive built form in a prominent location and is generally consistent with the Detailed Area Plan.

It is therefore recommended that the proposal be approved subject to appropriate conditions as listed in the staff recommendation.


Nil.



Local Planning Policy 4.9 - Signage and Flags.

VOTING REQUIREMENTS



567 Moved Cr R Hoffman Seconded Cr R Lawrence

That Council approve the application for Showroom and Office units at 1481 (Lot 300) Albany Highway, Beckenham dated 14 June 2012 subject to the following conditions:

1. Arrangements being made, to the satisfaction of the City, for a contribution towards the provision of three on-street parking bays on Nicholson Road Service Road.

2. A signage strategy being prepared for the proposal that indicates the location and type of signage to be used, to the satisfaction of the City, prior to the lodgement of a Building Permit application.

3. An easement in gross is to be granted in favour of the City over the proposed vehicle access, in order to facilitate reciprocal vehicle access between the subject site and Lot 2289 Albany Highway, prior to the occupation of the building(s).

4. A geotechnical report is to be submitted (i) certifying that the land is physically capable of development and (ii) detailing site conditions with respect to soil, groundwater and stormwater disposal, to the satisfaction of the City.

5. The applicant shall submit details prescribing a functional drainage system, including detailed engineering drawings, and where required geotechnical site assessment (soil profile, groundwater conditions and permeability), as well as hydrologic and hydraulic calculations to demonstrate functionality of the design to the satisfaction of the City.


Item 15.1 Continued

34

6. All cut and fill to be retained within the property boundaries by structural engineer designed retaining walls of masonry or similar approved material, and are required to provide support to the boundary and any structure reliant on its integrity.

7. A minimum of 32 on-site and three embayed on-street carparking bays are to be provided, prior to the occupation of the building, and maintained to the satisfaction of the City. The driveways, accessways and carbays are to be paved, drained and marked to City’s standards in accordance with the approved plan and Table 3B of Town Planning Scheme No. 6.

8. A landscape plan for the development site and the adjoining road verge(s) is to be submitted in accordance with the City’s Local Planning Policy 4.5 - Development - Landscaping, and approved by the City, prior to the issue of a building licence.

9. Landscaping and irrigation of the development site and adjoining road verges is to be installed prior to occupying the proposed development, and thereafter maintained, in accordance with the approved landscaping plan to the satisfaction of the Manager Parks and Environmental Operations.

10. The applicant is to submit details of the proposed on-site art feature, to be located at the eastern corner of the site, to the satisfaction of the City.



AGAINST: Nil.

12. REPORTS OF COMMITTEE MEETINGS

Nil.


35

13. REPORTS

13.1 CHIEF EXECUTIVE OFFICE

Nil.

13.2 COMMUNITY ENGAGEMENT

13.2.1 DON RUSSELL PERFORMING ARTS CENTRE INTERNAL REFURBISHMENT WORKS

Author: P QuigleyAuthor’s Declaration of Interest:

Nil.

Previous Ref: Nil.Appendix: Nil.

PURPOSE OF REPORT

To seek Council approval to expand the scope of works for the Don Russell Performing Arts Centre (DRPAC) Chairs and Carpet Renewal project to include internal painting.

BACKGROUND

The Don Russell Performing Arts Centre opened on 24 March 1994 and is approaching 18 years of age.

In adopting the 2012/13 Budget, Council endorsed funds totalling $180,000 for the renewal of chairs and carpet for DRPAC. During September 2012, the City sought quotations for the chairs and carpet, with the total cost coming in at $134,955. Therefore, surplus funds totalling $45,045 will be available out of the $180,000 budget allocation.

It is proposed that the majority of these surplus funds be allocated to paint the inside of the Centre (painting has been estimated at $38,940) and the remaining $6,105 allocated for project contingencies if required.

DISCUSSION

Internal painting for community facilities is scheduled approximately every ten years. The internal painting at DRPAC was last undertaken in 2002, so the re-painting is due to be undertaken in the near future.

The City has been advised recently by a painting contractor that it would be easier to undertake the internal painting at the same time as the chairs and carpet renewal project is undertaken. If it is decided to delay the painting of the Centre until after the new chairs and carpet is installed, it may cost the City more as the painting contractor would be required to take more care and the project would take longer to complete.



36

The planned renewal of the DRPAC theatre chairs and carpet will significantly enhance the appearance of the Centre. These works are scheduled to occur between December 2012 and February 2013. This time period is considered an opportune time to also paint the Centre, as the City has not scheduled any shows/hires during this period, so there will be no disruptions to the theatre patrons/community to carry out these proposed works.

The proposed painting project will enhance the Centre's internal appearance and will complement the other internal refurbishment works being undertaken at the Centre.


Nil, as the painting can be undertaken within the City's existing budget allocation.


Local Government Act 1995.

VOTING REQUIREMENTS




That Council approve an expanded scope of works for the DRPAC Chairs and Carpet Renewal Project Job Number 10192 to include internal painting for DRPAC.



AGAINST: Nil.


37

13.3 CORPORATE SERVICES

13.3.1 FINANCIAL ACTIVITY STATEMENTS - OCTOBER 2012 Author: K SmithAuthor’s Declaration of Interest:

Nil.

Previous Ref: Nil.Appendix: 13.3.1A Financial Activity Statement Report for the month of

October 2012

PURPOSE OF REPORT

For Council to adopt the Financial Activity Statement report for the month of October 2012.

BACKGROUND

In accordance with Regulation 34 of the Local Government (Financial Management) Regulations 1996, the following reports are contained in the Financial Activity Statement Report:

Commentary and report on variances

Operating Statement by Program

Balance Sheet

Statement of Financial Activity

Net Current Assets Report

Reserve Movements

Capital Works Expenditure

Outstanding Debtor Information

Rates Report

Investment Report.

DISCUSSION

The Financial Activity Statement Report for the month of October 2012 is attached as Appendix 13.3.1A.


Nil.


Local Government (Financial Management) Regulations 1996, regulation 34.

VOTING REQUIREMENTS



38



569 Moved Cr R Lawrence Seconded Cr G Dewhurst

That Council, in accordance with Regulation 34 of the Local Government (Financial Management) Regulations 1996, adopt the following reports, contained in the Financial Activity Statement Report for the month of October 2012, attached as Appendix 13.3.1A.



AGAINST: Nil.


39

13.3.2 PAYMENT OF ACCOUNTS - OCTOBER 2012 Author: K SmithAuthor’s Declaration of Interest:

Nil.

Previous Ref: Nil.Appendix: 13.3.2A Cheque and EFT Payment Listing for the period

1 October 2012 to 31 October 2012

PURPOSE OF REPORT

To advise Council of payments made for the period 1 October 2012 to 31 October 2012.

BACKGROUND

Nil.

DISCUSSION

Payments of $7,605,332.91 as detailed in the cheque and EFT payment listing for the period 1 October 2012 to 31 October 2012, attached as Appendix 13.3.2A, have been approved by the Director Corporate Services under delegated authority.


Nil.


Local Government (Financial Management) Regulations 1996, regulation 13 (2) requires a local government to prepare a list of accounts for approval showing the payee's name; the amount of the payment; and sufficient information to identify the transaction and the date of the meeting of the Council to which the list is to be presented.

VOTING REQUIREMENTS




That Council note the payment of accounts totalling $7,605,332.91 as shown in the cheque and EFT payment listing, attached as Appendix 13.3.2A, for the period 1 October 2012 to 31 October 2012.



AGAINST: Nil.


40

13.3.3 2012/13 CARRY FORWARDS - BUDGET VARIATIONS Author: L SolomonsAuthor’s Declaration of Interest:

Nil.


PURPOSE OF REPORT

To seek approval from Council to adjust the 2012/13 Municipal Budget.

BACKGROUND

At the time the 2012/13 Budget was adopted by Council on 3 July 2012, the annual financial statements for the 2011/12 financial year had not been completed. The actual value of uncompleted works to be carried forward into the 2012/13 Budget was therefore only an estimate.

DISCUSSION

The 2011/12 Annual Financial Statements have now been audited and the actual income and expenditure to be carried forward has been finalised.

In accordance with section 6.8 of the Local Government Act 1995 a local government is not to incur expenditure from its municipal fund for an additional purpose except where the expenditure:

Is incurred in a financial year before the adoption of the annual budget by the local government

Is authorised in advance by Council resolution

Is authorised in advance by the Mayor or President in an emergency.Approval is therefore sought for the following budget adjustments. These adjustments represent approved budgets from 2011/12 that were either not carried forward in the 2012/13 Budget or represent approved carried forwards that require an amendment.

The value of uncompleted works can only be an estimate at the time the annual Budget is adopted. The adjustments now required represent increases or decreases to those estimates.



41


Account Number Type Account Description Debit$

Credit$

GL99-9999-8612 Increase Loan Repay

Lot 8 Land Sales to Repay Loan

439,292

JL11-50056-3384-000 Increase Expenditure

Equipment & software for Rangers

80,000


Implement RFID system at libraries

1,848


Thornlie Library telephone system

15,000


Addie Mills telephone system 19,000


Phone system for Kenwick Library

27,008

JL12-10026-2416-000 Decrease Income

Redevelopment Operations Centre

486


Key System 93,540


Subdivision Streatham St - Construction

165,038


Miscellaneous office furniture 380


Roller - Bomag BW71E -2 Single Drum 2012

15,000


Plate Compactor 3,500


Car - Subaru Forester - 1DXM905

17,000


Car - Holden Cruze Hatch - 1DVU964

14,000


Car - Mazda 3 Sedan 2012 - 1DVU831

14,000


Car - Ford Mondeo Hatch Diesel - 1DWS659

16,000


Car - Ford LW Focus Trend Hatch - 1DUT561

13,500


Trailer - 4.5T Coastmac Plant 2012 - 1TMW041

20,000


Truck - Replaces 30321 85,000


Truck- 2011 Mitsubishi Canter 1DYK924

65,000



20,000


T-Rex Rootcutter 5,000


Ranford Rd, Nicholson-Campbell - 2nd Cwy

556,729


Ranford Rd, Nicholson-Campbell - 2nd Cwy

102,463


Minor Works - Various Road Improvements

3,610


Bus Shelters - New 3,007



42


Credit$


Nicholson Rd/Amherst Rd 707


Boundary wall on Nicholson Rd 78


Harpenden St - Huntingdale/Bronzewing

11,000


Spencer Rd Service Rd - Glyndebourne/Kenmare

16,000


Albany Hwy: Gosnells Rd - Traffic Signal

17,018


Stage 3 - Warton Rd - Garden St to Ranford Rd

93,334


Stage 3 - Warton Rd - Garden St to Ranford Rd

976


Austin Avenue - Install roundabout - Bunnings & Trade Centre

180,000


Austin Avenue - Install roundabout - Bunnings & Trade Centre

1,375


Bulfinch Street/Balfour Street - Install roundabout

72,000


Nicholson Rd Duplication - Ranford to Clontarf

4,797


Bridge 927 - Royal Street Kenwick

16,178


Install Roundabout Stage 1 Yale Road & Murdoch Road

455,130


Install median islands, bus embayment - Ovens Road

23,604


Install Median Islands - Forest Lakes Drive

42

JL14-86011-3384-499 Decrease Expenditure

Les Sands Pavilion Car park 10,000


Public Access Ways - Various 171


Kenwick Village Footpath Upgrade

5,551


Drainage problems - various 1,869


Corfield St duplication - Swanley St to Eileen St

377,207


Canning Vale drain remediation

7,417


Storm water monitoring Equipment

11,762


Bore & Pump Rehabilitation 1,915


Peace Court Park 51,521


Peace Court Park Construction 86,758


Footbridge - Canning Reserve 3,080

JL15-60187-3384-741 Increase Water flow meters 1,439



43


Credit$

ExpenditureJL15-60192-3384-741 Increase

ExpenditureRemoval of post mature streetscapes

7,742


Various Reserves: replace synthetic wickets

813


Kenwick Village Street Trees & Furniture

7,784


Stretton Way Reserve upgrade 28,242


Rede St Reserve Park Development

29,680


Street Furniture Renewal 24


Lakey Street Road Verge Landscaping

5,453


City Wide drink fountain Upgrade

1,699


Claridge Circle Reserve - Park furniture

5,610


Bletchley Park - Maxicom 3,188


Boardwalk Estate - Car Park 2,023


Harmony Fields - Bore 5,329


Ellis Brook Valley - Visitor Information Centre

1,622


Partridge Way Reserve Upgrade

66,773



46,487


Keston Place Reserve Park Development

54,251


Air Conditioner in Aerobics Room

709


Mills Park Master Plan 35,284


POS Strategy Review 7,638


Lot 8 Development Sales Incentives

38,543


Maddington Town Centre 4,565


Urban Regeneration 84,547


Planning Implementation 12,500


Lot 1 Govan Road - Legal Fees

5,000


Lot 1 Govan Road - Donation to Crown

1,239,096


Economic Development 5,000


Reveg - Lot 11 Holmes St, Southern River Prosecution

3,625



44


Credit$

SettlementJL42-40210-2634-000 Increase

ExpenditureSanitation Admin - Transfer to Reserve

399,544


Land under roads 11,679


Road Inventory Inspection 59,891


Rates in Advance 21,701


Rates in Advance 999




Rates in Advance 16






Rates in Advance 1,424,848












General Purpose Grant 1,128,017


General Purpose - Road Grant 782,751


195 Fremantle Road (Prince Street)

188,809


Donation of Lot 2 Nicholson Rd to Crown

991,296


Computer Services 45,000


Meals on Wheels 23,057


Siblings Camp - Disability Services

6,725


Siblings Camp - Youth Services

3,405


Driver Education Program 2,406


Kidsport 17,722


State Emergency Service 1,036

GL99-9999-7200 Decrease in Non Current

Lot 1 Grovan Road - Donation to Crown

1,239,096



45


Credit$

AssetGL99-9999-7200 Decrease in

Non Current Asset

Donation of Lot 2 Nicholson Rd to Crown

991,296

GL99-9999-7000 Decrease in Net Current Assets

Net Current Assets 5,608,236


IT Equipment Renewal 264,004


Redevelopment Operations Centre

486


Equity Access Plan 4,089


Upgrade Physical Security 7,472


Revolving Energy Fund 2,360


Museum Storage Upgrade 513


Subdivision Streatham St - Construction

15,565


Coops Ave Pre-School facility - replace rusted storage shed

3,904


Furniture in halls and community centres

2,836


Pedestrian Vibe Roller 15,000

JL13-30732-3601-000 Increase Income

Car - Subaru Forester - 1DXM905

17,000


Car - Holden Cruze Hatch - 1DVU964

14,000


Car - Mazda 3 Sedan 2012 - 1DVU831

14,000


Car - Ford Mondeo Hatch Diesel - 1DWS659

16,000


Car - Ford LW Focus Trend Hatch - 1DUT561

13,500


Trailer - 4.5T Coastmac Plant 2012 - 1TMW041

20,000







85,000


Traffic Signals Dorothy St/Wheatley St

3,716


Improvement of Street lighting -Various

19,170


Tactile Paving Bus Stops - Various locations

22,886


Warton Rd - Garden St to Ranford Rd

355


Harpenden St - Huntingdale/Bronzewing

9,900



46


Credit$


Spencer Rd Service Rd - Glyndebourne/Kenmare

4,676


Garden St: Nicholson Rd to Warton Rd

106,136


Bridge 4998 - Austin Avenue - Renewal

3,227


Albany Hwy - Dorothy St to Vera St

19,488


Bulfinch Street/Balfour Street - Install roundabout

40,616


Universal Access 3,447


Burslem Dr Bridge Phase 1 3,304


Crack Sealing - Various 32,168


Install Roundabout Stage 1 Yale Road & Murdoch Road

2,000


Install Roundabout - William Street & Tooting Street

72,379


Upgrade Street lighting - Yale Road to Murdoch Road

637


Bus Stop Accessibility Upgrade 297


Addie Mills car park additions 111,725


Leisure World Car Park and Gate

783


Kenwick Village Footpath Upgrade

5,551


Corfield St duplication - Swanley St to Eileen St

278,987


Corfield Street - King to Jenkinson St

38,745


Myola South Place biofiltration system

9,827


Cameron Street Drainage upgrade

28


Corfield St/ Astinal Dr drainage 479


Peace Court Park Construction 86,758


Tom Bateman Reserve - Floodlighting

10,638


Orange Grove Oval: irrigation upgrade

10,927


Kenwick Village Street Trees and Furniture

7,784


Signage Renewal - City Wide Project

53,710


Stretton Way Reserve upgrade 28,242


Nicholson Road Landscaping 37,301

JL15-60268-3384-741 Decrease Acott Road Reserve - 1,860



47


Credit$

Expenditure LandscapingJL15-60283-3384-741 Decrease

ExpenditureTom Bateman Reserve South - Renew Mainline

1,063


Kingsford Way - Irrigation Renewal

18,959


Landscape works Auckland Parade

3,501


Sandringham Prom Res - Viewing Platform

949


Administration and surrounds - Landscape Construction

221



113,260


Ailsworth Court Reserve - Park lighting

2,200


Castle Glen Reserve Development

4,654


Glenariff Stage 5 Landscape Works

7,510


Maddington Town Centre 4,565


Switch Your Thinking - Admin 25,439


Lot 1 Grovan Road - Legal Fees

5,000


Water Monitoring MKSEA 2,870


Street Lighting 59,116


Rates Administration 3,000


Lot 8 Land Sales to Repay Loan

439,292


Senior Cuisine 1,372


Str8Talkin Admin 4,520


Upbeat program 3,850


9214 program 221


Buzz Mentoring 616


Help me parent 634


Show me the Consequences 3,771


It's my Place 187


Community Youth Website 88


Minor Capital Works 4,001


Minor Equipment 4,560



48


Credit$


Innovative Program or Project 1,933


Strategic Initiative 2,500


Learning and Development 352


Community Support 1,000


NAIDOC Week Community Activities

5,780


Children's Library 720


Bushfire Brigade 682


Customer Service Uniforms 147


Local Government Act 1995, section 6.8 (1) (b).

VOTING REQUIREMENTS

Absolute Majority required.


571 Moved Cr R Lawrence Seconded Cr G Dewhurst

That Council in accordance with section 6.8 (1) (b) of the Local Government Act 1995, approve the following adjustments to the 2012/13 Municipal Budget:

Account Number Account Description Debit$

Credit$

GL99-9999-8612 Lot 8 Land Sales to Repay Loan 439,292JL11-50056-3384-000 Equipment & software for

Rangers80,000

JL11-50134-3384-000 Implement RFID system at libraries

1,848

JL11-50154-3384-000 Thornlie Library telephone system

15,000

JL11-50155-3384-000 Addie Mills telephone system 19,000JL11-50157-3384-000 Phone system for Kenwick

Library27,008

JL12-10026-2416-000 Redevelopment Operations Centre

486

JL12-10077-3384-225 Key System 93,540JL12-10148-3384-261 Subdivision Streatham St -

Construction165,038

JL12-50020-3384-225 Miscellaneous office furniture 380JL13-30638-2407-000 Roller - Bomag BW71E -2

Single Drum 201215,000



49


Credit$

JL13-30708-3384-000 Plate Compactor 3,500JL13-30732-2027-000 Car - Subaru Forester -

1DXM90517,000

JL13-30735-2027-000 Car - Holden Cruze Hatch - 1DVU964

14,000

JL13-30736-2027-000 Car - Mazda 3 Sedan 2012 - 1DVU831

14,000

JL13-30738-2027-000 Car - Ford Mondeo Hatch Diesel - 1DWS659

16,000

JL13-30751-2027-000 Car - Ford LW Focus Trend Hatch - 1DUT561

13,500

JL13-30760-2027-000 Trailer - 4.5T Coastmac Plant 2012 - 1TMW041

20,000

JL13-30767-3384-000 Truck - Replaces 30321 85,000JL13-30777-2407-000 Truck- 2011 Mitsubishi Canter

1DYK92465,000

JL13-30777-3601-000 Truck- 2011 Mitsubishi Canter 1DYK924

20,000

JL13-30794-3384-000 T-Rex Rootcutter 5,000JL14-80012-2507-000 Ranford Rd, Nicholson-

Campbell - 2nd Cwy556,729

JL14-80012-3384-499 Ranford Rd, Nicholson-Campbell - 2nd Cwy

102,463

JL14-80023-3384-499 Minor Works - Various Road Improvements

3,610

JL14-80032-3384-499 Bus Shelters - New 3,007JL14-80048-3384-499 Nicholson Rd/Amherst Rd 707JL14-80165-3384-499 Boundary wall on Nicholson Rd 78JL14-80166-1477-498 Harpenden St -

Huntingdale/Bronzewing11,000

JL14-80167-1477-498 Spencer Rd Service Rd - Glyndebourne/Kenmare

16,000

JL14-80178-3384-499 Albany Hwy: Gosnells Rd - Traffic Signal

17,018

JL14-80211-1350-498 Stage 3 - Warton Rd - Garden St to Ranford Rd

93,334

JL14-80211-3384-499 Stage 3 - Warton Rd - Garden St to Ranford Rd

976

JL14-80214-1357-498 Austin Avenue - Install roundabout - Bunnings & Trade Centre

180,000

JL14-80214-3384-499 Austin Avenue - Install roundabout - Bunnings & Trade Centre

1,375

JL14-80215-1357-498 Bulfinch Street/Balfour Street - Install roundabout

72,000

JL14-80222-3384-499 Nicholson Rd Duplication - Ranford to Clontarf

4,797

JL14-80230-3384-499 Bridge 927 - Royal Street Kenwick

16,178

JL14-84152-3384-499 Install Roundabout Stage 1 Yale Road & Murdoch Road

455,130

JL14-84154-3384-499 Install median islands, bus embayment - Ovens Road

23,604

JL14-84157-3384-499 Install Median Islands - Forest 42



50


Credit$

Lakes DriveJL14-86011-3384-499 Les Sands Pavilion Car park 10,000JL14-87004-3384-499 Public Access Ways - Various 171JL14-87043-3384-499 Kenwick Village Footpath

Upgrade5,551

JL14-88000-3384-499 Drainage problems - various 1,869JL14-88023-1350-498 Corfield St duplication - Swanley

St to Eileen St377,207

JL14-88027-3384-499 Canning Vale drain remediation 7,417JL14-88034-3384-499 Storm water monitoring

Equipment11,762

JL15-60045-3384-741 Bore & Pump Rehabilitation 1,915JL15-60069-3384-741 Peace Court Park 51,521JL15-60087-3384-741 Peace Court Park Construction 86,758JL15-60144-3384-741 Footbridge - Canning Reserve 3,080JL15-60187-3384-741 Water flow meters 1,439JL15-60192-3384-741 Removal of post mature

streetscapes7,742

JL15-60195-3384-741 Various Reserves: replace synthetic wickets

813

JL15-60228-2412-000 Kenwick Village Street Trees & Furniture

7,784

JL15-60258-3384-741 Stretton Way Reserve upgrade 28,242JL15-60269-3384-741 Rede St Reserve Park

Development29,680

JL15-60271-3384-741 Street Furniture Renewal 24JL15-60272-3384-741 Lakey Street Road Verge

Landscaping5,453

JL15-60275-3384-741 City Wide drink fountain Upgrade

1,699

JL15-60276-3384-741 Claridge Circle Reserve - Park furniture

5,610

JL15-60281-3384-741 Bletchley Park - Maxicom 3,188JL15-60314-3384-741 Boardwalk Estate - Car Park 2,023JL15-60316-3384-741 Harmony Fields - Bore 5,329JL15-60334-3384-741 Ellis Brook Valley - Visitor

Information Centre1,622

JL15-60339-2427-000 Partridge Way Reserve Upgrade 66,773JL15-60339-3384-741 Partridge Way Reserve Upgrade 46,487JL15-60342-3384-741 Keston Place Reserve Park

Development54,251

JL16-10170-3384-000 Air Conditioner in Aerobics Room

709

JL24-93406-3384-000 Mills Park Master Plan 35,284JL24-93408-3384-000 POS Strategy Review 7,638JL24-93412-3384-000 Lot 8 Development Sales

Incentives38,543

JL31-95013-3384-000 Maddington Town Centre 4,565JL31-95200-3384-000 Urban Regeneration 84,547JL32-95300-3384-000 Planning Implementation 12,500JL32-95300-3384-000 Lot 1 Govan Road - Legal Fees 5,000JL32-95303-3602-000 Lot 1 Govan Road - Donation to

Crown1,239,096

JL33-95400-3384-000 Economic Development 5,000



51


Credit$

JL34-95711-3384-000 Reveg - Lot 11 Holmes St, Southern River Prosecution Settlement

3,625

JL42-40210-2634-000 Sanitation Admin - Transfer to Reserve

399,544

JL76-93105-3384-000 Land under roads 11,679JL76-93109-3384-000 Road Inventory Inspection 59,891JL86-96200-1002-000 Rates in Advance 21,701JL86-96200-1012-000 Rates in Advance 999JL86-96200-1042-000 Rates in Advance 27,297JL86-96200-1052-000 Rates in Advance 16JL86-96200-1062-000 Rates in Advance 5,390JL86-96200-1072-000 Rates in Advance 705JL86-96200-1082-000 Rates in Advance 1,424,848JL86-96200-1092-000 Rates in Advance 25,961JL86-96200-1102-000 Rates in Advance 49,911JL86-96200-1122-000 Rates in Advance 900JL86-96200-1142-000 Rates in Advance 4,131JL86-96200-1152-000 Rates in Advance 2,883JL86-96200-1300-000 General Purpose Grant 1,128,017JL86-96200-1309-000 General Purpose - Road Grant 782,751JL86-96204-2623-000 195 Fremantle Road (Prince

Street)188,809

JL86-96204-3602-000 Donation of Lot 2 Nicholson Rd to Crown

991,296

JL88-96400-3384-000 Computer Services 45,000JL90-90400-3384-000 Meals on Wheels 23,057JL90-90515-3384-000 Siblings Camp - Disability

Services6,725

JL90-90639-3384-000 Siblings Camp - Youth Services 3,405JL90-90650-3384-000 Driver Education Program 2,406JL91-92320-3384-000 Kidsport 17,722JL94-94022-3384-000 State Emergency Service 1,036GL99-9999-7200 Lot 1 Grovan Road - Donation to

Crown1,239,096

GL99-9999-7200 Donation of Lot 2 Nicholson Rd to Crown

991,296

GL99-9999-7000 Change in Net Current Assets 5,608,236JL11-50000-3384-000 IT Equipment Renewal 264,004JL12-10026-3384-254 Redevelopment Operations

Centre486

JL12-10055-3384-225 Equity Access Plan 4,089JL12-10079-3384-261 Upgrade Physical Security 7,472JL12-10116-3384-225 Revolving Energy Fund 2,360JL12-10168-3384-225 Museum Storage Upgrade 513JL12-10174-3384-225 Subdivision Streatham St -

Construction15,565

JL12-10184-3384-261 Coops Ave Pre-School facility - replace rusted storage shed

3,904

JL12-50021-3384-000 Furniture in halls and community centres

2,836

JL13-30638-3384-000 Pedestrian Vibe Roller 15,000JL13-30732-3601-000 Car - Subaru Forester -

1DXM90517,000



52


Credit$

JL13-30735-3601-000 Car - Holden Cruze Hatch - 1DVU964

14,000

JL13-30736-3601-000 Car - Mazda 3 Sedan 2012 - 1DVU831

14,000

JL13-30738-3601-000 Car - Ford Mondeo Hatch Diesel - 1DWS659

16,000

JL13-30751-3601-000 Car - Ford LW Focus Trend Hatch - 1DUT561

13,500

JL13-30760-3384-000 Trailer - 4.5T Coastmac Plant 2012 - 1TMW041

20,000

JL13-30767-2407-000 Truck - Replaces 30321 65,000JL13-30767-3601-000 Truck - Replaces 30321 20,000JL13-30777-3384-000 Truck- 2011 Mitsubishi Canter

1DYK92485,000

JL14-80098-3384-499 Traffic Signals Dorothy St/Wheatley St

3,716

JL14-80117-3384-499 Improvement of Street lighting -Various

19,170

JL14-80123-3384-499 Tactile Paving Bus Stops - Various locations

22,886

JL14-80162-3384-499 Warton Rd - Garden St to Ranford Rd

355

JL14-80166-3384-499 Harpenden St - Huntingdale/Bronzewing

9,900

JL14-80167-3384-499 Spencer Rd Service Rd - Glyndebourne/Kenmare

4,676

JL14-80184-3384-499 Garden St: Nicholson Rd to Warton Rd

106,136

JL14-80203-3384-499 Bridge 4998 - Austin Avenue - Renewal

3,227

JL14-80205-3384-499 Albany Hwy - Dorothy St to Vera St

19,488

JL14-80215-3384-499 Bulfinch Street/Balfour Street - Install roundabout

40,616

JL14-80216-3384-499 Universal Access 3,447JL14-80219-3384-499 Burslem Dr Bridge Phase 1 3,304JL14-84051-3384-499 Crack Sealing - Various 32,168JL14-84152-1359-498 Install Roundabout Stage 1 Yale

Road & Murdoch Road2,000

JL14-84155-3384-499 Install Roundabout - William Street & Tooting Street

72,379

JL14-84156-3384-499 Upgrade Street lighting - Yale Road to Murdoch Road

637

JL14-85053-3384-499 Bus Stop Accessibility Upgrade 297JL14-86001-3384-499 Addie Mills car park additions 111,725JL14-86012-3384-499 Leisure World Car Park and

Gate783

JL14-87043-2412-000 Kenwick Village Footpath Upgrade

5,551

JL14-88023-3384-499 Corfield St duplication - Swanley St to Eileen St

278,987

JL14-88029-3384-499 Corfield Street - King to Jenkinson St

38,745

JL14-88030-3384-499 Myola South Place biofiltration system

9,827



53


Credit$

JL14-88031-3384-499 Cameron Street Drainage upgrade

28

JL14-88037-3384-499 Corfield St/ Astinal Dr drainage 479JL15-60087-2412-000 Peace Court Park Construction 86,758JL15-60148-3384-741 Tom Bateman Reserve -

Floodlighting10,638

JL15-60190-3384-741 Orange Grove Oval: irrigation upgrade

10,927

JL15-60228-3384-741 Kenwick Village Street Trees and Furniture

7,784

JL15-60229-3384-741 Signage Renewal - City Wide Project

53,710

JL15-60258-2412-000 Stretton Way Reserve upgrade 28,242JL15-60259-3384-741 Nicholson Road Landscaping 37,301JL15-60268-3384-741 Acott Road Reserve -

Landscaping1,860

JL15-60283-3384-741 Tom Bateman Reserve South - Renew Mainline

1,063

JL15-60284-3384-741 Kingsford Way - Irrigation Renewal

18,959

JL15-60305-3384-741 Landscape works Auckland Parade

3,501

JL15-60307-3384-741 Sandringham Prom Res - Viewing Platform

949

JL15-60312-3384-741 Administration and surrounds - Landscape Construction

221

JL15-60339-2400-000 Partridge Way Reserve Upgrade 113,260JL15-60344-3384-741 Ailsworth Court Reserve - Park

lighting2,200

JL15-60345-3384-741 Castle Glen Reserve Development

4,654

JL15-60392-3384-741 Glenariff Stage 5 Landscape Works

7,510

JL31-95013-2224-000 Maddington Town Centre 4,565JL31-95100-3384-000 Switch Your Thinking - Admin 25,439JL32-95303-2313-000 Lot 1 Grovan Road - Legal Fees 5,000JL34-95712-3384-000 Water Monitoring MKSEA 2,870JL41-40080-3384-000 Street Lighting 59,116JL86-96201-3384-000 Rates Administration 3,000JL86-96204-1503-000 Lot 8 Land Sales to Repay Loan 439,292JL90-90514-3384-000 Senior Cuisine 1,372JL90-90641-3384-000 Str8Talkin Admin 4,520JL90-90642-3384-000 Upbeat program 3,850JL90-90644-3384-000 9214 program 221JL90-90645-3384-000 Buzz Mentoring 616JL90-90646-3384-000 Help me parent 634JL90-90649-3384-000 Show me the Consequences 3,771JL90-90651-3384-000 It's my Place 187JL90-90652-3384-000 Community Youth Website 88JL91-92309-3384-000 Minor Capital Works 4,001JL91-92310-3384-000 Minor Equipment 4,560JL91-92314-3384-000 Innovative Program or Project 1,933JL91-92315-3384-000 Strategic Initiative 2,500JL91-92316-3384-000 Learning and Development 352



54


Credit$

JL91-92318-3384-000 Community Support 1,000JL91-92321-3384-000 NAIDOC Week Community

Activities5,780

JL92-91001-3384-000 Children's Library 720JL94-94021-3384-000 Bushfire Brigade 682JL95-94030-3384-000 Customer Service Uniforms 147

CARRIED BY ABSOLUTE MAJORITY 9/0FOR: Cr J Brown, Cr T Brown, Cr G Dewhurst, Cr R Hoffman, Cr K Jones, Cr R Lawrence,


AGAINST: Nil.


55

13.3.4 2012/13 BUDGET OPENING SURPLUS Author: L SolomonsAuthor’s Declaration of Interest:

Nil.


PURPOSE OF REPORT

To seek approval from Council to adjust the 2012/13 Municipal Budget.

BACKGROUND

At the time the 2012/13 Budget was adopted by Council on 3 July 2012, the Annual Financial Statements for the 2011/12 Financial Year had not been completed. Any surplus or deficit resulting from the 2011/12 Financial Year was not known.

DISCUSSION

The 2011/12 Annual Financial Statements have now been audited and the actual income and expenditure to be carried forward has been finalised. After all adjustments are processed, an additional $3,607,107 has become available to be allocated in the 2012/13 Budget.


The savings and additional income were derived from numerous areas, of which the largest are listed below:

Description AmountIncome from Investment Earnings $1,198,795Reason: Interest rates were higher than expected, due to the continuing reversal of the relationship between term deposit returns and the official cash rate. General Purpose Grant $366,361Reason: General Purpose Grants received were higher than expected, no specific reason was provided by the Grants Commission. Savings from Street Lighting $250,878Reason:The expected tariff increase was lower than anticipated and the recalculation of the City's street light bills by Synergy for previous two years had a smaller financial impact than expected. Savings from Plant Operating Costs $508,637Reason: Fuel usage and fuel prices were lower than expected. Also less repairs were undertaken due to the majority of the fleet being replaced in the previous financial year.Savings from Parks & Environment $775,835Reason:



56

Description AmountDuring the year there were significant periods of time where a number of FTE positions were vacant. There were also a range of operational programs that were significantly advanced but not completed such as weed spraying, streetscape maintenance, turf fertilising and renovation programs which resulted in the under expenditure during the 2011/12 financial year. This amount represents less than 10% of the Parks and Environmental Operations Budget. Savings from Facility Maintenance $525,538Reason:The success of the Building Renewal Program has meant that there are fewer incidences of random breakdowns of building components and services resulting in less reactive maintenance being required, which has had a positive effect on the maintenance budget spend.

It is recommended that the savings be allocated as detailed below:

Account Number Type Account Description

Debit$

Credit$


2 Way Radio 50,000

Reason: Currently the City has an aging 2 way system that does not meet current operational requirements. A new communications system would not only suit the Operations Centre in its current location but be transferable to a future Operations Centre location.


Corfield Street - Median Landscaping

200,000

Reason: Civil works at the site have been completed, therefore funding to complete landscaping which is the final component of the works is required. Landscaping will provide a necessary beautification treatment to the road reserve.


Harpenden Street Subdivision

25,000

Reason: The funds are required to undertake a small number of technical studies to determine if a potential future subdivision application for Lot 1585 Harpenden Street, Southern River is feasible.


Risk Management - high speed disc

50,000

Reason: Additional disc capacity, distinct from the large data store array, to expedite new backup regimes and minimise risks associated with a failure in the current data storage array.


eServices via Website

50,000

Reason: Funding for development of new online customer service facility on the website, principally allowing for online payments.


Ms Office 2010 upgrade training

10,000

Reason: Staff training on the new version of Microsoft Office to be implemented this financial year.


Bike Plan 25,000



57

Reason: The City has received a grant from the Department of Transport as part of the Perth Bicycle Network Local Government Grant Program. These funds will match the value of the grant and enable the project to be completed.


Manning Ave Erosion and River restoration project

17,000

Reason: Design for erosion remediation and revegetation of a large erosion gulley, downstream of the stormwater structure at Manning Road Reserve. This will require specialist design work, consultation with multiple government agencies and Indigenous consultation. The erosion currently presents a significant safety hazard to the public and incremental environmental damage.


Camera for drainage inspections

20,000

Reason: To enable improved investigation of drainage issues by both Engineering Operations and Technical Services. The City already possesses one camera which is in constant use and which has been highly successful.


Generators & Jackhammers

6,000

Reason: 4.5 kVA generators and attachments to enable safer process of breaking up concrete


Parks Asset Data Collection

50,000

Reason: To enable data collection of the City's park assets to include condition and GPS location to assist with Asset Management, the Fair Value and depreciation calculation. The City's last parks asset data collection was in 2009.


DRPAC Furniture, Lighting and Sound Equipment

90,000

Reason: Amalgamation of the lighting and audio control desks into one control room at the middle rear of the theatre will enable the City to use one technician to operate the lighting and audio functions for simpler productions in the future instead of requiring two technicians. Renewal of lighting will result in the current analogue-controlled lights being replaced with lower energy consumption lights with higher capabilities. Renewal of foyer furniture will result in more comfortable furniture and it will be able to accommodate more patrons. It is considered desirable to make these enhancements while the theatre's seating and carpet are being replaced.


Land Purchases 1,500,000

Reason: Funds required to purchase land for future development.JL11-10209-3800-000 Increase

ExpenditureLand Purchases - Yale & Spencer Roads

75,000

Reason: To purchase land at the corner of Yale Road and Spencer Road which is needed for future road widening.

GL99-9999-8602 Increase Loan Repay

Harmony Fields Loan Repay

1,439,107



58

Reason: To pay Harmony Fields loan in full as the lazy land sales will not materialise before the expiry date of the loan facility.

GL99-9999-7000 Decrease in Current Assets

Change in Current Assets

3,607,107


Local Government Act 1995, section 6.8 (1).

VOTING REQUIREMENTS



572 Moved Cr G Dewhurst Seconded Cr R Lawrence

That Council approve the following adjustments to the 2012/13 Municipal Budget:


Credit$

JL71-71000-3365-000 2 Way Radio 50,000JL15-60394-3800-741 Corfield Street - Median

Landscaping200,000

JL24-93413-3214-000 Harpenden Street Subdivision 25,000JL11-50183-3800-000 Risk Management - high

speed disc50,000

JL11-50184-3800-000 eServices via Website 50,000JL88-96400-3383-000 Ms Office 2010 upgrade

training10,000

JL76-93111-3214-000 Bike Plan 25,000JL15-60395-3800-741 Manning Ave Erosion and

River restoration project17,000

JL14-50185-3800-000 Camera for drainage inspections

20,000

JL13-30847-3800-000 Generators & Jackhammers 6,000JL71-93300-3383-000 Parks Asset Data Collection 50,000JL12-50182-3800-000 DRPAC Furniture, Lighting and

Sound Equipment90,000

JL11-10208-3800-000 Land Purchases 1,500,000JL11-10209-3800-000 Land Purchases - Yale &

Spencer Roads75,000

GL99-9999-8602 Harmony Fields Loan Repay 1,439,107GL99-9999-7000 Change in Current Assets 3,607,107



AGAINST: Nil.


59

13.4 INFRASTRUCTURE

13.4.1 GLENARIFF ESTATE, CANNING VALE - PETITION (ITEM BROUGHT FORWARD - REFER TO ITEM 11)

The above item was brought forward in accordance with Clause 4.12 of the City of Gosnells Standing Orders Local Law 2012 and is relocated under Item 11 “Items Brought Forward for the Convenience of those in the Public Gallery” as the first report in these Minutes.


60

13.4.2 BURNLEY STREET, THORNLIE - REQUEST FOR SURVEILLANCE CAMERAS

Author: O. PereiraAuthor’s Declaration of Interest: Nil.

Previous Ref: OCM 14 August 2012 (Resolution 378)Appendix: Nil.

PURPOSE OF REPORT

To address a petition presented by Cr J Brown at the Ordinary Council Meeting of 14 August 2012 and Resolution 378, which reads:

"That the petition initiated by Mr Neville Gallop of 19 Burnley Street, Thornlie containing 11 signatures that seeks consideration of 'Request for Surveillance Cameras on Burnley Street, Thornlie', be received and a report be prepared for Council."

BACKGROUND

Cr J Brown presented a petition with multiple photographs initiated by Mr Neville Gallop of 19 Burnley Street, Thornlie containing 11 signatures. The petition stated:

"We the undersigned electors of the City of Gosnells request the City of Gosnells investigate the possibility of installing CCTV cameras so that the perpetrators of hoon driving can be caught on camera so that evidence can be supplied to police for prosecution. For the following reason; we have had enough of dangerous hoon driving near our homes."

DISCUSSION

Burnley Street is classified as a Local Access Road under the City's adopted Functional Road Hierarchy Network, and is approximately 290 metres in length, and connects Spencer Road service road adjacent to the Thornlie Hotel from the west to Wicklow Street to the east.

The City conducted a traffic survey in Burnley Street, Thornlie, to determine if speeding was an issue in addition to the hoon element and what priority there may be to implement remedial treatment. The results of the traffic survey indicated that the average weekday traffic volume ranged from 108 to 116 vehicles per day, which is below the maximum desirable traffic volume of 3,000 vehicles per day for a Local Access Road. The 85th percentile or operational speed ranged from 44.6 km/h to 48.2 km/hr, which is below the posted speed limit of 50km/h.

Hoon behaviour is a breach of the Road Traffic Act 1974 (Act), which is enforced by the WA Police. It is not something that local government has any control over. These dangerous driving practices are an ongoing problem for the police who are responsible for enforcing the Act and "hoon" legislation. Dangerous driving practices should be reported to the local police, so that enforcement of the Act can occur. A report can be submitted by telephoning 131 444, or visiting local police stations and completing a Traffic Complaint Report.



61

With regards to CCTV, the City has motion cameras installed at various locations to protect infrastructure and assets and members of the public using these facilities. In the main, these cameras focus on specific access and egress points where pedestrian traffic can be anticipated. The WA Police have portable CCTV cameras to capture footage for the prosecution of drivers who commit offences under the Act.

International and Australian research on the use of CCTV has produced mixed results on their effect on crime. Some research shows that cameras are effective in reducing crime, whilst other research shows that they have no effect at all. An Australian study found that CCTV was effective at detecting violent offences, but does not have any impact in preventing offences.

Before CCTV is considered to address a problem; there needs to be a clear understanding of what it aims to achieve. Five possible uses for CCTV are listed below:

Deterrence: That CCTV makes potential offenders think twice about offending in the area

Detection: That CCTV identifies an offence occurring and triggers action from an authority; this leads into the next mechanism

Response: That CCTV ensures a response by the relevant authority to attend the area

Investigative: That CCTV will assist in identifying an offender after the incident and aid prosecution

Reassurance That knowledge of CCTV in areas increases people's perceptions of safety, etc in that area.

Given that the City does not have any CCTVs, staff to monitor CCTVs or security patrols to provide an immediate response, the use for detection and response are not considered in this report. Also the site and problem characteristics under consideration do not relate to the "Reassurance" aspect of CCTV to be included. The following therefore considers the deterrent and investigative aspects of motion cameras only.

In terms of deterrence, cameras would need to be promoted which could lead to their damage and also lead to a displacement of any activity to surrounding streets.

In terms of investigation, cameras will record all movements. Any hoon behaviour would need to be identified through viewing of recordings. It would then need to be assessed as to whether the recording clearly showed the vehicle's registration number. The ability to read this number can be seriously compromised by headlights at night. If the vehicle number is established, the information would need to be passed to the police who would then need to determine whether the prosecution of an individual person is possible.

In addition, City staff members attended the petitioner's home and discussed the advantages and disadvantages of CCTV in regards to its effect on crime prevention and investigation. The staff offered to set up a motion camera system in the petitioner's home facing the road, however after highlighting the limitations of just installing a camera alone as a response to hooning, the petitioner advised that he did not want the system set up.



62


Nil.


Nil.

VOTING REQUIREMENTS



573 Moved Cr O Searle Seconded Cr R Hoffman

That Council not support the petition requesting CCTV, which covers a matter which relates to the responsibilities of the WA Police.



AGAINST: Nil.


574 Moved Cr O Searle Seconded Cr R Hoffman

That the petition initiator be informed of Council's decision.CARRIED 9/0

FOR: Cr J Brown, Cr T Brown, Cr G Dewhurst, Cr R Hoffman, Cr K Jones, Cr R Lawrence, Cr R Mitchell, Cr O Searle and Cr D Griffiths.

AGAINST: Nil.


63

13.4.3 GOSNELLS ROADWISE ADVISORY GROUP MEETING - 7 NOVEMBER 2012

Author: O. PereiraAuthor’s Declaration of Interest:

Nil.

Previous Ref: Nil.Appendix: 13.4.3A Action Sheet of the City of Gosnells RoadWise

Advisory Group Meeting held on Wednesday 7 November 2012.

PURPOSE OF REPORT

For Council to receive the Action Sheet of the RoadWise Advisory Group Meeting held on Wednesday 7 November 2012.

BACKGROUND

The City of Gosnells RoadWise Advisory Group meets on the first Wednesday of every month. The Group was established with the guiding principles to:

Improve road safety in the City of Gosnells

Raise community awareness of road safety issues and initiatives in the City of Gosnells

Facilitate community planning, development and implementation of road safety programs and promotions

Develop programs and initiatives which target groups and issues identified in the State Road Safety Strategy.

The Action Sheet of the meeting is attached as Appendix 13.4.3A.

DISCUSSION

Proposed Actions from the Group Meeting held on Wednesday 7 November 2012

There is no proposed action from the RoadWise Advisory Group meeting which requires Council consideration. There are four proposed actions that have been addressed within operational parameters, with the status now being reported to Council.


Nil.


City of Gosnells Policy 2.4.19 City of Gosnells RoadWise Advisory Group – Terms of Reference.

VOTING REQUIREMENTS




64



That Council receive the Action Sheet of the City of Gosnells RoadWise Advisory Group Meeting held on Wednesday 7 November 2012 attached as Appendix 13.4.3A.



AGAINST: Nil.



That Council note and endorse the officer's response undertaken within operational parameters to address the proposed Actions from the Group's meeting held on Wednesday 7 November 2012.

Action Reference Action Current

StatusRAG 7/11/2012 – Proposed Action 35

The Senior Road Safety Officer is to organise the next RBT joint venture with the Armadale RoadWise and WA Police.

The Senior Road Safety Officer has discussed the joint event with the Armadale Road Wise and they are happy to participate.

RAG 7/11/2012 – Proposed Action 36

The WALGA Representative is to forward remaining leaflets for the show bags to the Senior Road Safety Officer.

Road Safety Officer to follow up.


School Art Competition: The RAG support staff are to send out invitations to the winning students and schools to attend a presentation which will be held on Thursday 29 November from 4-5pm at the Civic Centre Function Room.

Invitations have been emailed to the winning schools.


World Day of Remembrance: The Senior Road Safety Officer is to arrange a final meeting with Lumen Christi College a week prior to the World Day of Remembrance event.

The Senior Road Safety Officer met with the College on 14/11/2012.



AGAINST: Nil.


65

13.5 PLANNING AND SUSTAINABILITY

13.5.1 AMENDMENT NO. 130 TO TOWN PLANNING SCHEME NO. 6 - FINALISATION - CREATION OF A DEVELOPMENT ZONE AND REZONING OF LAND, VERNA AND EILEEN STREETS, GOSNELLS - PROPOSED MODIFICATIONS

Author: R WindassAuthor’s Declaration of Interest:

Nil.

Reference: Various.Application No: PF11/00028Applicant: Planwest Owner: Della-Vedova FamilyLocation: Various lots, Verna and Eileen Streets, GosnellsZoning: MRS: Urban

TPS No. 6: Residential R17.5Review Rights: None, however finalisation of the proposal is subject to the

approval of the Minister for PlanningArea: 277 haPrevious Ref: OCM 25 October 2011 (Resolution 459-460)

OCM 26 June 2012 (Resolution 257-258)Appendix: 13.5.1A Modified Amendment Map

PURPOSE OF REPORT

For Council to consider proposed modifications to Amendment No. 130 to Town Planning Scheme No. 6 (TPS 6).

BACKGROUND

On 26 June 2012, Council resolved to adopt Amendment No. 130 for final approval (Resolution 258) and forward it to the Western Australian Planning Commission (WAPC) for determination.

Amendment No. 130 proposes the creation of a new zoning in TPS 6, to be known as Development, and the rezoning of land bound by Verna Street, Corfield Street, Eileen Street, Tonkin Highway and the Wungong River, Gosnells to the Development zone. The intent of the amendment is to establish the requirement for an Outline Development Plan (or Plans) to be prepared as a planning framework to guide subdivision and development of the subject land.

The land subject to Amendment No. 130 is shown on the Location Plan that follows.

The WAPC has considered Amendment No. 130 and advised that several modifications are necessary in order to obtain the Minister for Planning's approval.

Council is required to consider the proposed modifications.



66

DISCUSSION

The WAPC requires Lot 500 Corfield Street (containing the Seaforth Primary School, at the intersection of Corfield and Verna Streets) and Lot 5040 immediately adjacent to the Tonkin Highway (containing portion of the Dampier - Bunbury gas pipeline) to be excluded from the area proposed to be rezoned to the Development zone.

In respect to Lot 500 Corfield Street, the required modification will simply result in the existing reservation of the school site under TPS 6 for Public Purposes to be maintained in order to provide for the continued use of the land for educational purposes.

In respect to Lot 5040 Tonkin Highway, the WAPC requires the lot to be reflected in TPS 6 as a Public Purposes - Gas Pipeline reservation (as a change from its current zoning of Residential R17.5) to properly reflect the use of the land as a gas transmission corridor. This represents a new reservation under TPS 6.



67

CONCLUSION

It will be recommended that the Amendment No. 130 map and text be modified to reflect the required modifications. The draft modified Amendment No. 130 map is contained in Appendix 13.5.1A. The draft modified text, drafted in accordance with WAPC directions, is contained in the Staff Recommendation.


Nil.


Town Planning Scheme No. 6.

VOTING REQUIREMENTS



577 Moved Cr K Jones Seconded Cr R Lawrence

That Council, pursuant to Regulation 21(2) of the Town Planning Regulations 1967, adopt the following modifications to Amendment No. 130, as directed by the Western Australian Planning Commission's letter of 11 October 2012, by:

1. Modifying amending resolution no. 4 by deleting the following words:

"Reclassifying all the zoned land between Verna Street, Corfield Street, Tonkin Highway and the Wungong River Metropolitan Region Scheme Parks and Recreation Reserve boundary, Gosnells, from "Public Purposes - Primary School" and "Residential" to "Development" zone as shown on the Scheme Amendment Map;"

and replacing them with the following:

"Reclassifying all the zoned land between Verna Street, Corfield Street, Tonkin Highway and the Wungong River Metropolitan Region Scheme Parks and Recreation Reserve, Gosnells, excluding Lot 500 Corfield Street and Lot 5040 Tonkin Highway, from "Residential" to "Development" zone as shown on the Scheme Amendment Map;"



68

2. Modifying amending resolution no. 5 by deleting the following words:

"Rezoning Lot 0 off Seaforth Avenue, portion of Lot 9001 Corfield Street, portion of Lot 5040 Tonkin Highway, Lot 1061 Eileen Street, and Lots 60, 134, 5040 and 9001 Seaforth Avenue, Gosnells from "Residential" to "Development" zone as shown on the Scheme Amendment Map;"

and replacing them with the following:

"Rezoning Lot 0 off Seaforth Avenue, portion of Lot 9001 Corfield Street, Lot 1061 Eileen Street, and Lots 60, 134, 5040 and 9001 Seaforth Avenue, Gosnells from "Residential" to "Development" zone as shown on the Scheme Amendment Map;"

3. Renumbering resolution no. 7 to No. 8.

4. Inserting the following new resolution no. 7:

"Rezone Lot 5040 Tonkin Highway and a portion of Lot 5040 Seaforth Avenue from" Residential" to Local Scheme Reserve "Public Purposes - Gas Pipeline" as shown on the Scheme Amendment Map;"

5. Adding "Public Purposes - Gas Pipeline" to the Scheme Map legend under the heading "Local Scheme Reserves"

6. Modifying the Scheme Amendment Map to reflect the above changes, as shown on the plan contained in Appendix 13.5.1A.


Cr R Mitchell and Cr D Griffiths.

AGAINST: Cr O Searle.


578 Moved Cr K Jones Seconded Cr R Lawrence

That Council forward the modified Amendment No. 130 documents to the Western Australian Planning Commission for final approval.


Cr R Mitchell and Cr D Griffiths.

AGAINST: Cr O Searle.


69

13.5.2 AMENDMENT NO. 133 TO TOWN PLANNING SCHEME NO. 6 FINALISATION - 7 (LOT 344) AND 1 (LOT 345) HOLMES STREET AND LOT 346 WARTON ROAD, SOUTHERN RIVER - REMOVAL OF RETAIL CAP - MODIFICATION

Author: R WindassAuthor’s Declaration of Interest:

Nil.

Reference: 306280, 306281, 306282Application No: PF11/00044Applicant: UrbanplanOwner: Jevland Enterprises Pty LtdLocation: Lots 344 and 345 Holmes Street and Lot 346 Warton Road in

Southern River (formerly Lot 100 Holmes Street, Southern River).

Zoning: MRS: UrbanTPS No. 6: Residential Development

Review Rights: Nil.Area: 1.5892 haPrevious Ref: OCM 13 December 2011 (Resolution 630-631)

OCM 10 July 2012 (Resolution 343-344)Appendix: 13.5.2A Modified Amendment Map

PURPOSE OF REPORT

For Council to consider a proposed modification to Amendment No. 133 to Town Planning Scheme No. 6 (TPS 6).

BACKGROUND

Amendment No. 133 proposes the removal of Restricted Use provisions relating to Lots 344 and 345 Holmes Street and Lot 346 Warton Road, Southern River.

These provisions currently limit the amount of tavern and retail floorspace that may be developed on the subject land, which forms part of the Amherst Village neighbourhood centre.

The draft Amherst Village Centre Plan, which was recently advertised for public comment, proposes a new set of planning controls for the centre and conflicts with the TPS 6 Restricted Use provisions, necessitating the amendment.

On 10 July 2012, Council adopted Amendment No. 133 for final approval (Resolution 344). The amendment was then forwarded to the Western Australian Planning Commission for determination.

The Commission subsequently advised that the Minister for Planning will not approve Amendment No. 133 until it is modified to include a resolution to specifically delete the Restricted Use annotation (shown as a 'R') relating to the subject land from the Scheme Map.



70

This modification is required as the amending resolutions only referred to the deletion of the Restricted Use provisions from the Scheme Text and not from the Scheme Map.

Site Description

Lots 344, 345 and 346 were created from the subdivision of the former Lot 100 Holmes Street. Lot 344 contains the Brooklands Tavern, a liquor store and associated parking. Lot 345 contains nine commercial tenancies with frontage to Warton Road and parking at the rear. Lot 346 contains additional parking and land intended for future commercial development.

The subject land forms quadrant D of the Amherst Village centre, as shown on the following plan.

CASA

BLAN

CA

CR

BATMAN

RD

AV

C

D

FIGB

I RD

WY

A

WARTON

RD

B

BLENHEIM

RDGREENLA

ND

BLVD BATS

FORDWY

ALASKA

102

150

151152

153

344

345

346

521105

104

DISCUSSION

The required modification simply involves the adoption of a resolution to remove the letter 'R' from the Scheme map, as shown on the Amendment map contained in Appendix 13.5.2A.

CONCLUSION

The Commission has requested that Amendment No. 133 be modified before the Minister for Planning grants final approval.



71

The proposed modification is minor in nature and does not change the intended effect of the amendment proposal granted final approval by Council in July 2012.

It will be recommended that Council adopt the proposed modification.


Nil.


Town Planning Scheme No. 6.

VOTING REQUIREMENTS




That Council, pursuant to Regulation 21(2) of the Town Planning Regulations 1967, adopt the following modification to Amendment No. 133, as directed by the Western Australian Planning Commission's letter of 11 October 2012, by inserting the following new resolution No. 2:

1. Amending the Scheme by deleting the reference to the Restricted Use provision as shown on the Amendment Map.



AGAINST: Nil.



That Council forward the modified Amendment No. 133 documents to the Western Australian Planning Commission for final approval.



AGAINST: Nil.


72

13.5.3 AMENDMENT NO. 137 TO TOWN PLANNING SCHEME NO. 6 TO APPLY AN ADDITIONAL USE (INDUSTRY - NOXIOUS) TO 20-28 (LOT 2) AUSTIN AVENUE, KENWICK (ITEM BROUGHT FORWARD - REFER TO ITEM 11)

The above item was brought forward in accordance with Clause 4.12 of the City of Gosnells Standing Orders Local Law 2012 and is relocated under Item 11 “Items Brought Forward for the Convenience of those in the Public Gallery” as the second report in these Minutes.


73

13.5.4 DEVELOPMENT APPLICATION - OUTBUILDING - 52 (LOT 66) GASKIN ROAD, KENWICK

Author: M Wallace Author’s Declaration of Interest:

Nil.

Reference: 224538Application No: DA12/00240Applicant: A Bamber Owner: A Bamber Location: 52 (Lot 66) Gaskin Road, Kenwick Zoning: MRS: Urban

TPS No. 6: Residential R17.5Review Rights: Yes. State Administrative Tribunal against any discretionary

decision of CouncilArea: 683m²Previous Ref: Nil Appendix: 13.5.4A Site Plan and Elevations

PURPOSE OF REPORT

For Council to consider an application for planning approval for an outbuilding at 52 (Lot 66) Gaskin Road, Kenwick, as the proposal is outside the authority delegated to staff, due to the proposal not complying with Local Planning Policy 2.2 - Outbuildings.

BACKGROUND


The subject site accommodates a single dwelling and is surrounded by low density residential properties.

A map identifying the location of the subject site follows:

BICKLEY RD

GASKIN RD

GASK

INRD

66



74

Proposal


The construction of a 64m² (8m x 8m) outbuilding, located at the rear of the dwelling

The proposed outbuilding will have a wall height of 3.6m and a ridge height of 4.305m

The proposed outbuilding will be constructed of Colorbond

The proposed outbuilding is to be used to store a car and a hoist.A site plan and elevations are contained as Appendix 13.5.4A.

Consultation

The application was advertised for public comment as the proposal did not meet exemption criteria of Council's Outbuilding Policy, during which two submissions were received, both raising no objection to the proposal.

A consultation plan identifying the consultation area and the origin of the submissions follows.

Referral area

No objection

Comment

Objections

Public Consultation

Legend

REFERRAL AREA

NO OBJECTION

COMMENT

OBJECTIONS

PUBLIC CONSULTATION

LEGEND

GASKIN RD

65

67

BICKLEY RD

GASK

INRD

66



75

DISCUSSION

Local Planning Policy 2.2 - Outbuildings

Council's Outbuilding Policy provides assessment criteria to determine whether an application for an outbuilding is generally acceptable, requires consultation to potentially affected landowners, or is generally unacceptable.

The application does not meet all the requirements of Columns B and C (Acceptable) of Table 1 of the Policy with one aspect of the proposal falling within Column D (Unacceptable). In accordance with Clause 1.3 of the Policy, applications for outbuildings that fall within one or more of the criteria in Column D (Unacceptable) of Table 1 will generally be refused. The relevant criteria and staff assessment is tabled below.

Outbuildings Policy Requirements - Column D (Unacceptable Outbuildings) Assessment/Comment

i. The wall height is more than 3.3m and/or the roof height is more than 4.62m.

The proposed building has a wall height of 3.6m and a height of 4.305m.

As detailed above, the proposal does not comply with the wall height requirement of the Policy.

In considering the appropriateness of the proposal, the following matters are relevant:

No objections were received from surrounding landowners

The proposed outbuilding is located at the rear of the dwelling and will therefore have a negligible impact on the streetscape

The proposed outbuilding is constructed of Colorbond which is considered appropriate in residential areas.

Based on the above, the variation to the Outbuildings Policy is considered acceptable in this instance.

CONCLUSION

The proposal is supported for the reasons outlined above.

It is therefore recommended that the proposal be approved, subject to the imposition of appropriate conditions as listed in the staff recommendation.


Nil.



Local Planning Policy 2.2 - Outbuildings.



76

VOTING REQUIREMENTS




That Council approve the application for an outbuilding at 52 (Lot 66) Gaskin Road, Kenwick, dated 8 August 2012, subject to the following conditions:

1. The applicant shall submit a drainage plan, to the satisfaction of the City, showing how stormwater drainage from the proposed building and/or paved areas is to be connected to the existing drainage system.

2. The approved outbuilding is not to be used for habitation, commercial or industrial purposes, without the approval of the City.



AGAINST: Nil.


77

13.5.5 DEVELOPMENT APPLICATION - HOME OCCUPATION (BEAUTY THERAPY) - 59 (LOT 546) OLIPHANT STREET, KENWICK

Author: M Wallace Author’s Declaration of Interest:

Nil.

Reference: 221231Application No: DA12/00252Applicant: S Zawtint Owner: D & G Sandy Location: 59 (Lot 546) Oliphant Street, Kenwick Zoning: MRS: Urban

TPS No. 6: Residential R17.5Review Rights: Yes. State Administrative Tribunal against any discretionary

decision of Council Area: 508m²Previous Ref: Nil Appendix: 13.5.5A Schedule of Submissions

PURPOSE OF REPORT

For Council to consider an application for a Home Occupation (Beautician) at 59 (Lot 546) Oliphant Street, Kenwick as the proposal is outside the authority delegated to staff due to an objection received during the consultation period.

BACKGROUND

Site Description

The subject site accommodates an existing house, with surrounding land uses comprising predominantly low density residential development.

A location plan follows.

BARKST

NEEDLEWOODRISE

OLIPHANTST

546



78

Proposal

The application seeks approval for a Home Occupation and involves the following:

Proposed operating hours of 8am to 6pm Monday to Saturday

The proposed Home Occupation will be by appointment only

All visitor parking will be contained within the front setback area on the formed driveway.



79



80

Consultation

The proposal was advertised for public comment for 14 days in accordance with Council Policy, during which time seven submissions were received, four raising no objection, two objecting to the proposal and one providing comment on the proposal. A summary of the submissions received and staff comments thereon are contained in Appendix 13.5.5A.

A consultation plan showing the origin of the submissions follows.

Referral area

No objection

Comment

Objections

Public ConsultationLegend

INDICATIVE100m RADIUSREFERRAL AREA

NO OBJECTION

COMMENT

OBJECTIONS

PUBLIC CONSULTATIONLEGEND

INDICATIVE100m RADIUS

MARION

RDSTEBBING

RD

RYELANEST

547

597

BARKCIR

DAVISONST

OLIPHANTST

BARKCIR

BOAB

GREYGUM

RI

OLIPHANT

NEEDLEWOODRI

PL

CTCARUSO

STBOLE

595

573

553

550

617

546

The main issue raised in the submissions is traffic safety.

That issue is discussed in the following sections, along with any other applicable technical matters.



81

DISCUSSION


A Home Occupation is a "D" use in the Residential Zone which means the use is not permitted unless the local government has exercised its discretion by granting planning approval. The proposal complies with all the requirements for a home occupation, however it is necessary to consider the suitability of the proposal in the context of the surrounding residential environment.

Local Planning Policy 2.5 - Home Based Activities

LPP 2.5 provides guidance on determining Home Occupations, Home Businesses and Family Day Care proposals in order to provide consistency in the decision making process. An assessment on the proposal against LPP 2.5 follows:

Policy Clause/Requirement Assessment/Comment5.3(a) The scale of the land use is to be such that

the likely car parking demand can be accommodated by the existing parking facilities on site (including any parking available in the street setback area).

The proposed Home Occupation will serve one client at a time with a fifteen minute time period between clients, meaning only one additional car parking bay is required. There is adequate space in the front setback to accommodate a vehicle and as such, the scale of the proposal is considered appropriate for the subject site.

5.3(b) A Home Occupation shall only operate between 8am and 6pm, Monday to Saturday, unless it can be demonstrated that the use will not impact on the amenity of surrounding properties.

The applicant has proposed operating hours of between 8am and 6pm, Monday to Saturday.

Traffic Safety

Submitters are concerned that cars parking on the formed driveway will cause sightline issues around the Oliphant Street corner. The Oliphant Street corner has a splitter island, associated pavement markings and traffic signage, which clearly delineate the travel path for vehicles.

It is noted that the volume of traffic expected at the residence is very low. The availability of a double width driveway and crossover, together with the wide verges and proximity of traffic calming in the area supports the contention that access to the site should be able to be achieved safely, without undue risk.

CONCLUSION

The proposal is supported because the proposed home occupation is compliant with both the TPS 6 and LPP 2.5.


Nil.



82



Local Planning Policy 2.5 - Home Based Activities.

VOTING REQUIREMENTS



582 Moved Cr R Lawrence Seconded Cr O Searle

That Council approve the application for Home Occupation (Beautician) at 59 (Lot 546) Oliphant Street, Kenwick, dated 15 August 2012, subject to the following conditions.

1. The home occupation shall only operate between 8am and 6pm, Monday to Saturday.

2. A minimum of one on-site car bay, contained on the existing driveway within the front setback area, is to be provided for client use, with no parking by clients permitted on the road verge.



AGAINST: Nil.


83

13.5.6 REVIEW OF WEST CANNING VALE OUTLINE DEVELOPMENT PLAN DEVELOPMENT CONTRIBUTION PLAN

Author: B SawardAuthor’s Declaration of Interest:

Nil.

Previous Ref: OCM 26 April 2005 (Resolutions 148-149)OCM 12 February 2008 (Resolutions 32-33)OCM 24 June 2008 (Resolutions 255-264)OCM 14 June 2011 ( Resolutions 220-223)

Appendix: 13.5.6A West Canning Vale Outline Development Plan - Draft Revised Development Contribution Plan

PURPOSE OF REPORT

For Council to consider the adoption of a revised Development Contribution Plan to operate as part of the West Canning Vale Outline Development Plan (ODP) Development Contribution Arrangement (DCA).

BACKGROUND

The City administers a DCA for the shared provision of infrastructure and land for public purposes in the West Canning Vale ODP area and is required to review the DCA on an annual basis.

The DCA has operated since 2008. A substantial proportion of land in the ODP area has been developed and much of the identified infrastructure has been completed. However, there still remains some land to be developed and infrastructure to be provided, meaning the DCA is likely to operate for some time.

Part of the DCA involves the collection of development contributions to be used for the acquisition of land for public open space (POS), which includes land for conservation, drainage and recreational purposes and the provision of Common Infrastructure Works (CIW) as follows:

Drainage Construction

POS Development

Land for Drainage

Shared Paths

A proportion of the cost of regional road works (Ranford Road)

Road Construction (Glenariff Boulevard)

Land for Road Widening (Nicholson Road and Ranford Road)

Land for Conservation Category Wetlands (CCW)

Traffic Management

Service Relocation (Nicholson Road and Ranford Road)

Conservation Category Wetlands Development

General administration and studies.



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The annual review of DCA rates involves adjustment of contribution rates to account for changes in land values and construction costs. Council last reviewed the DCA for the West Canning Vale ODP at its meeting on 14 June 2011 and resolved to adopt a CIW contribution of $239,341/ha. Council also resolved to set the land valuation at $1,350,000/ha for acquisition of land required for public purposes including such things as future local open space and road widening and $450,000/ha for conservation category wetland acquisition. This figure is used to calculate contribution rates and in circumstances where it is necessary to acquire land identified on the ODP for public purposes.

To conform to the requirements of TPS 6, it is necessary for Council to again review the land valuation basis and contribution rates.

DISCUSSION

DCA values and rates for the West Canning Vale ODP area typically require adjustment in respect of:

The basis for land valuation (which is influenced by changes in the real estate market)

CIW contribution rates (which is influenced by changes in the civil works and contracting costs).

Land Valuation

To ensure that adequate funds are collected to acquire the land identified on the ODP for POS and other public purposes, it is necessary to set contribution rates based on a current englobo land valuation.

The previous valuation was adopted on the basis of valuation advice from Propell National Valuers. Propell was again engaged to provide a valuation report based on current market conditions in the West Canning Vale area.

Propell’s August 2012 report details that over the previous 12 months land values in the West Canning Vale ODP area have increased. The report concludes that the typical englobo value within the ODP area is currently $1,500,000/ha for POS and $500,000/ha for CCWs.

It will therefore be recommended that Council increase the land valuation used by the West Canning Vale ODP Development Contribution Plan to $1,500,000/ha for POS and $500,000/ha for CCW.

Common Infrastructure Works (CIW) Contribution Rate

A recent review of data released by the Australian Bureau of Statistics indicates that CIW costs have increased by 4.25% over the 12 months to June 2012. It will therefore be recommended that a 4.25% increase be applied to the unit cost rates for CIW required in the West Canning Vale ODP. It should be noted that at its meeting of 23 October 2012, Council resolved to adjust the Canning Vale ODP Development Contribution Plan by 4.25%.



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The draft revised Schedule of Works for the DCA, contained in Appendix 13.5.6A, reflects increases to CIW cost rates of 4.25%. Those CIW that involve a land component have been adjusted against the appropriate englobo valuation rather than applying a percentage increase to reflect the actual change in market values. The resulting change to the CIW contribution rate is a recommended new rate of $259,502/ha (an increase of $20,161/ha from last year).

Schedule 12 of TPS 6 provides the ability for a landowner to object to the adopted a valuation set by Council.

CONCLUSION

In accordance with Schedule 12 of TPS 6, Council is required to review the West Canning Vale ODP DCA. The application of revised land valuations and an adjustment to the CIW rates is considered an appropriate measure to ensure that the provision of common infrastructure and the acquisition of land for public purposes can be achieved.

It will be recommended that Council adopt land valuations as advised by Propell, being $1,500,000/ha for POS and $500,000/ha for CCW and adopt a revised CIW contribution rate of $259,502/ha for the purposes of the West Canning Vale ODP DCA.


Should Council accept that the land valuation be based at $1,500,000/ha and $500,000/ha, there will be an increase to the amount payable by developers for POS contributions, and the amount payable to landowners for the acquisition of POS.

Revisions to the CIW contribution rates are necessary to ensure that infrastructure identified in the ODP is equitably provided, without placing a financial burden on the City and the wider community to deliver those works.


Town Planning Scheme No. 6 - Schedule 12.

VOTING REQUIREMENTS



583 Moved Cr G Dewhurst Seconded Cr J Brown

That Council adopt a revised Development Contribution Plan for the West Canning Vale Outline Development Plan area as contained at Appendix 13.5.6A, which includes a revised rate of $259,502/ha for common infrastructure works and revised land valuations of $1,500,000/ha for public open space and $500,000/ha for conservation category wetlands.



AGAINST: Nil.



86


584 Moved Cr G Dewhurst Seconded Cr J Brown

That Council inform all landowners with outstanding contribution obligations within the West Canning Vale Outline Development Plan area of Council’s decision.



AGAINST: Nil.


87

13.5.7 DRAFT LOCAL PLANNING POLICY - PUBLIC CONSULTATION Author: L GibsonAuthor’s Declaration of Interest:

Nil.

Reference: PF12/00009Previous Ref: OCM 11 September 2012 (Resolution 433)Appendices: 13.5.7A Draft Local Planning Policy - Public Consultation

13.5.7B Local Planning Policy 4.1 - Advertising/Referral of Development Applications

13.5.7C Local Planning Policy 4.2 - Advertising/Referral of Scheme Amendment Applications

PURPOSE OF REPORT

For council to consider the following:

Final adoption of the draft Local Planning Policy - Public Consultation

The revocation of Local Planning Policy 4.1 - Advertising/Referral of Development Applications

The revocation of Local Planning Policy 4.2 - Advertising/Referral of Scheme Amendment Applications.

BACKGROUND

On 11 September 2012, Council resolved (Resolution 433) to advertise the draft Local Planning Policy - Public Consultation and its intention to revoke Local Planning Policy 4.1 - Advertising/Referral of Development Applications and Local Planning Policy 4.2 - Advertising/Referral of Scheme Amendment Applications, for comment.

The draft Policy and proposed revoked Policies were advertised for public comment by way of:

Advertisements in a local newspaper for two consecutive weeks

Display on the City's website.

No submissions were received.

DISCUSSION

Draft Local Planning Policy

The draft Policy will provide clear guidance on the extent of direct community consultation required for the various planning proposals, specifically, amendments to Town Planning Scheme No. 6 (TPS 6), amendments to Guided Development Schemes, Outline Development Plans and Development Applications.

The draft Policy proposes more focused consultation than the existing policies and would retain the common practice of seeking public submissions as well as analysing them in the technical assessment of a proposal.



88

Proposed Modification to Policy

The draft Policy was reviewed after close of the public comment period and the following change will be recommended:

Deleting the uses of Family Day Care, Home Business and Home Occupation from the table as the advertising requirements for those uses are specifically included in Local Planning Policy 2.5 - Home Based Activities.

The revised Policy, incorporating the above modifications identified by strikethrough and underlined, is contained in Appendix 13.5.7A

Revocation of Local Planning Policies

Clause 2.5 of Town Planning Scheme No. 6 allows a local planning policy to be revoked by either:

(a) The adoption by Council of a new Policy under Clause 2.4 that is expressed to supersede the existing local planning policy; or

(b) Publication of a notice of Council's revocation of the Policy once a week for two consecutive weeks in a newspaper circulating in the Scheme area.

The Local Planning Policies that are proposed to be revoked are contained as Appendices 13.5.7B and 13.5.7C. As the new policy will supersede the two policies proposed to be revoked, option (a) above will be used if revocation is supported.

CONCLUSION

It will be recommended that Council:

Adopt the draft modified Local Planning Policy - Public Consultation as contained in Appendix 13.5.7A (minus the wording identified by strikethrough) and publish notice of its adoption

Revoke Local Planning Policy 4.1 - Advertising/Referral of Development Applications and Local Planning Policy 4.2 - Advertising/Referral of Scheme Amendment Applications, as contained in Appendix 13.5.7B and 13.5.7C.


The cost of publishing notices of adoption can be met from the Planning Implementation operational budget.


Planning and Development Act 2005


Local Government (Administration) Regulations 1996 - Regulation 10.



89

VOTING REQUIREMENTS

Simple Majority required for Recommendation 1 and 2

Absolute Majority required (requires the support of one third (4) of the Offices of Members of Council for the matter to be considered) for Recommendation 3.


585 Moved Cr G Dewhurst Seconded Cr T Brown

That Council, pursuant to Clause 2.4.2(a) of Town Planning Scheme No. 6, note that no submissions were received in respect of the draft Local Planning Policy - Public Consultation.



AGAINST: Nil.


586 Moved Cr G Dewhurst Seconded Cr T Brown

That Council, pursuant to Clause 2.4.2(b) of Town Planning Scheme No. 6, adopt the draft Local Planning Policy - Public Consultation, as contained in Appendix 13.5.7A (minus the strikethrough words) to replace Local Planning Policy 4.1 - Advertising/Referral of Development Applications, and pursuant to Clause 2.4.3 of Town Planning Scheme No. 6, publish a notice of the adopted Policy once in a local newspaper circulating in the Scheme area, and forward a copy of the adopted Policy to the Western Australian Planning Commission.



AGAINST: Nil.


587 Moved Cr G Dewhurst Seconded Cr T Brown, Cr R Hoffman and Cr R Lawrence

That Council, pursuant to Clause 2.5(a) of Town Planning Scheme No. 6, revoke Local Planning Policy 4.1 - Advertising/Referral of Development Applications and Local Planning Policy 4.2 - Advertising/Referral of Scheme Amendment Applications, as contained in Appendix 13.5.7B and 13.5.7C.



AGAINST: Nil.


90

13.5.8 DRAFT ACTIVITIES CENTRES PLANNING STRATEGY - MODIFICATIONS

Author: S O'SullivanAuthor’s Declaration of Interest:

Nil.

Application No: PF11/00026Previous Ref: OCM 24 April 2012 (Resolutions 142-143)

OCM 23 August 2011 (Resolution 393)Appendix: 13.5.8A Extract from State Planning Policy 4.2 - Table 3

PURPOSE OF REPORT

For Council to consider modifications requested by the Department of Planning to the City's draft Activity Centres Planning Strategy (draft Strategy).

BACKGROUND

Council adopted the draft Strategy on 24 April 2012, following consultation with all owners of commercial zoned properties in the City.

The intent of the draft Strategy is to guide the development of all existing and future activity centres in the City. It is based on the regional activity centres hierarchy and associated guidance set out in the Western Australian Planning Commission's State Planning Policy 4.2 Activity Centres for Perth and Peel (SPP 4.2).

Following adoption by Council, the draft Strategy was forwarded to the Commission with a request that it be endorsed.

In response, the Department of Planning advised that it had assessed the draft Strategy as being consistent with the objectives of SPP 4.2, but that there is no ability in planning regulations for the Commission to endorse it as a stand-alone strategy unless it was to form part of an overall Local Planning Strategy (LPS).

Recognising that the City has no LPS and is not currently in the process of preparing one, but is subject to significant growth pressures and the need exists to ensure that commercial development is appropriately guided, the Department has indicated that in the interim, it is prepared to provide its in-principle support to the draft Strategy, subject to certain modifications being made.

DISCUSSION

The Department requires only two modifications to be made to the draft Strategy, involving the following:

Removal of the 12,500m2 floorspace limit at the Amherst Neighbourhood Centre

Additional encouragement of land use diversity, particularly residential uses, within activity centres.

Each matter is discussed in turn.



91

Removal of Floorspace Cap - Amherst Centre

The report to Council on 24 April 2012 indicated that a submission had raised concern regarding the imposition of an 'absolute maximum' retail floorspace limit of 12,500m² being applied to the Amherst Centre at the intersection of Warton Road, Amherst Road and Holmes Street, Canning Vale/Southern River.

The submission suggested that the draft strategy contradicted itself by aiming to provide a flexible planning framework yet sought to apply an absolute maximum retail floorspace limit.

The following was reported to Council in response to the submission:

Amherst Centre is classified as a Large Neighbourhood Centre under the draft Strategy and that within the hierarchy of centres, large neighbourhood centres were assigned a maximum retail floorspace limit of 7,000m² (unless evidence could be provided demonstrating that a larger centre could be accommodated without undermining the sustainability of other nearby centres).

An exception is made in the draft Strategy for the Amherst Centre, which is assigned an 'absolute maximum' retail floorspace limit of 12,500m². This arose as a result of retail modelling undertaken by a landowner in the centre to justify the substantial increase to 12,500m².

The draft Strategy does not intend to impose retail floorspace 'caps'

It is open to developers to submit a retail sustainability assessment (RSA) to justify any increases above the maximum floorspace limit specified in the draft strategy

Any assessment must consider the maintenance of the retail hierarchy of centres, as it is important to ensure that appropriate levels of retail and other community services are conveniently provided, and to optimise the return on public investment in infrastructure, particularly transport infrastructure.

Any increase in retail floorspace above 12,500m² would result in the Amherst Centre being of a size more consistent with a District Centre which would ultimately compromise the centre's hierarchy and therefore the absolute maximum should apply.

Council resolved not to amend the draft Strategy to remove the maximum limit of 12,500m².

The Department has indicated that reference to the 'absolute maximum' floorspace limit for the Amherst Centre should be removed from the draft Strategy and instead redefine 12,500m² as a floorspace 'target' to keep open the option for well-justified proposals to be made and supported where appropriate.

The Department's advice is consistent with SPP 4.2 and the suggestion for increased flexibility is considered to be reasonable.



92

It will be recommended that Council endorse the substitution of the following component of the draft Strategy:

"6.4.3 Large Neighbourhood Centres

Amherst Village (16)

Absolute maximum 12,500m2. No further expansion permitted, with a RSA or not. This is because a RSA has already been prepared to support an increase of the centre to this extent. Detailed Area Plan or Centre Plan required prior to any further expansion of centre beyond current actual size."

And its replacement with the following text:



A retail floorspace target of 12,500m2 is set for this centre. Further expansion of retail uses over and above 12,500m2 will not be permitted without a RSA. A Detailed Area Plan or Centre Plan is required prior to any further expansion of the centre beyond its current size."

Encouragement of Land Use Diversity

SPP 4.2 sets out a range of policy objectives, including an aim to increase the density and diversity of housing in and around activity centres to improve land efficiency, housing variety and support centre facilities and to ensure activity centres provide sufficient development intensity and land use mix to support high-frequency public transport.

More specifically SPP 4.2 encourages the inclusion of a mix of land uses in activity centre structure plans and, where appropriate, major developments. It also encourages the adoption of land use diversity performance targets, having regard to factors such as the extent of land in common ownership, the proposed scale of development and the extent to which the activity centre or its catchment has already developed.

SPP 4.2 also encourages commercial and residential growth to be optimised through appropriately-scaled buildings and higher-density development in walkable catchments of centres, with higher-density housing incorporated within and immediately adjacent to activity centres to establish a sense of community and increase activity outside normal business hours.

Performance targets for land use diversity and residential density are set out in Table 3 of SPP 4.2, which has been reproduced in Appendix 13.5.8A.

The Department has indicated that the draft Strategy should incorporate encouragement of achieving diversity performance targets in accordance with SPP 4.2.



93

Town Planning Scheme No. 6 already provides for residential development on commercial zoned land, up to a density coding of R80. This is intended to encourage a residential component within centres. Council has also recently amended the Scheme to increase residential densities of land surrounding many existing activity centres within the City and has approved Outline Development Plans in new urban areas that provide for higher densities around new or future centres.

Developing mixed commercial and residential uses within a centre has a range of practicalities to address, including design, servicing, access, amenity and financial considerations. Beyond existing Scheme provisions, it is not clear what additional encouragement could be given to promote mixed use development in centres.

Notwithstanding this, it is considered that Table 3 of SPP 4.2 could simply be incorporated into the draft Strategy. While the City does not have the full range of centres contained in the SPP 4.2 centres hierarchy and many centres, given the extent to which they are already built-out, would be unlikely to see any residential development in the short term, the adoption of performance targets would enable a benchmark to aim for in the consideration of new structure plans and centre plans for both new activity centres and other planning initiatives and proposals that may come forward to revitalise or extend existing centres.

It will be recommended that Council endorse the insertion of the following text and Table 3 of SPP 4.2 into the draft Strategy:

"6.4.7 Land Use Diversity and Residential Density Targets

SPP 4.2 sets out objectives to increase the density and diversity of housing in and around activity centres to improve land efficiency, housing variety and support centre facilities and to ensure activity centres provide sufficient development intensity and land use mix to support high-frequency public transport.

SPP 4.2 also encourages the inclusion of a mix of land uses in activity centre structure plans and, where appropriate, major developments and the adoption of land use diversity performance targets, having regard to factors such as the extent of land in common ownership, the proposed scale of development and the extent to which the activity centre or its catchment has already developed.

This Strategy encourages, where appropriate, the achievement of performance targets for land use diversity and residential density in activity centres, as set out in Table 3 of SPP 4.2 and reproduced in Appendix 4."

CONCLUSION

It will be recommended that Council endorse the modifications to the draft Strategy, as set out above and forward the modified draft Strategy to the Department of Planning to confirm its in-principle support to it.


Nil.



94


Nil.

VOTING REQUIREMENTS



588 Moved Cr J Brown Seconded Cr T Brown

That Council endorse the substitution of the following component of the draft Activity Centre Planning Strategy, as adopted on 24 April 2012:



Absolute maximum 12,500m2. No further expansion permitted, with a RSA or not. This is because a RSA has already been prepared to support an increase of the centre to this extent. Detailed Area Plan or Centre Plan required prior to any further expansion of centre beyond current actual size."

and its replacement with the following text:



A retail floorspace target of 12,500m2 is set for this centre. Further expansion of retail uses over and above 12,500m2 will not be permitted without a RSA. A Detailed Area Plan or Centre Plan is required prior to any further expansion of the centre beyond its current size."



AGAINST: Nil.



95



That Council endorse the insertion of Table 3 of State Planning Policy 4.2, as Appendix 4, into the draft Activity Centres Planning Strategy, with the following new text:

"6.4.7 Land Use Diversity and Residential Density Targets

SPP 4.2 sets out objectives to increase the density and diversity of housing in and around activity centres to improve land efficiency, housing variety and support centre facilities and to ensure activity centres provide sufficient development intensity and land use mix to support high-frequency public transport.

SPP 4.2 also encourages the inclusion of a mix of land uses in activity centre structure plans and, where appropriate, major developments and the adoption of land use diversity performance targets, having regard to factors such as the extent of land in common ownership, the proposed scale of development and the extent to which the activity centre or its catchment has already developed.

This Strategy encourages, where appropriate, the achievement of performance targets for land use diversity and residential density in activity centres, as set out in Table 3 of SPP 4.2 and reproduced in Appendix 4."



AGAINST: Nil.



That Council forward the modified draft Activity Centres Planning Strategy to the Department of Planning, with a request for it to indicate its in-principle support to the document.



AGAINST: Nil.


96

13.5.9 MADDINGTON TOWN CENTRE STRUCTURE PLANAuthor: A DenfordAuthor’s Declaration of Interest:

Nil.

Zoning: MRS: Urban, Parks and Recreation, IndustrialTPS No. 6: Highway Commercial, Light Industry, General Industry,

Residential DevelopmentArea: 22.024haPrevious Ref: NilAppendices: 13.5.9A Metropolitan Region Scheme

13.5.9B Town Planning Scheme No. 613.5.9C Maddington Town Centre Structure Plan13.5.9D Open Space Plan13.5.9E Residential Density Plan13.5.9F Staging Plan

PURPOSE OF REPORT

For Council to consider the Maddington Town Centre (MTC) Structure Plan and to initiate advertising in accordance with Council Policy.

BACKGROUND

The Maddington Kenwick Sustainable Communities Partnership (MKSCP) was established in 2003 to identify deficiencies in existing community infrastructure, create a shared vision, undertake community consultation, establish funding mechanisms and co-ordinate implementation plans.

The MTC was an essential component of the MKSCP and an Enquiry by Design workshop was held in July 2004 with representatives from the community, the City and various state government agencies to establish a vision. As a result, it was determined the MTC had the potential to become a dynamic urban environment and to become the focus of the broader area's sustainable employment and growth.

Despite the MKSCP being dissolved in 2009, progress on the MTC has continued and its strategic importance was reinforced in Directions 2031 where it was identified as a Secondary Centre. Secondary Centres perform an important role in the City's economy and provide essential services to their catchments with a focus on public transport infrastructure.

The MTC is intended to become an accessible social activity hub that caters to the daily needs of the wider Maddington community within a compact and walkable main street environment. It is anticipated the centre will accommodate retail floor space, commercial floor space, civic uses, recreational facilities and a diverse range of residential dwelling types. Furthermore, the MTC will achieve the community's vision to create a vibrant town centre with an authentic sense of place where people want to live.



97


The MTC Structure Plan area is bound by Lower Park Road to the north, Albany Highway to the south, Kelvin Road/Olga Road to the east and Alloa Road to the west.

A map identifying the subject site follows.

LOWERPARK

RD

THE CRESCENT

KITSONPL

ALBANY

HWY

PRATTCT

ALLOA

RD

The MTC Structure Plan is 22.024ha in area and the current land use activities may be broadly categorised as non-residential.

Land uses south of the Rail Reserve (adjacent to Albany Highway) are exclusively used as automotive sales yards. The south western portion of the MTC is characterised by privately owned industrial units and the south east portion contains the City of Gosnells Operations Centre. The Australian Trades College (ATC) is situated in the north western section of the MTC and Maddington Oval is situated in the north east corner.

Metropolitan Region Scheme Zonings and Reservations

The submission of the MTC Structure Plan to the Western Australian Planning Commission (WAPC) will precede initiation of Amendments to the Metropolitan Region Scheme (MRS) and the City of Gosnells Town Planning Scheme No. 6 (the Scheme). This will then facilitate lodgement of an Outline Development Plan (ODP) for the MTC in accordance with Part 7 of the Scheme.



98

The MTC comprises three separate zonings under the Metropolitan Region Scheme (MRS). Lot 700 Kelvin Road and Lot 1 Canning Park Avenue are zoned Parks and Recreation. The lots in public ownership in the south east corner of the MTC and all lots south of the Railway Reserve are zoned Urban, with the balance of the subject area being zoned Industrial (refer Appendix 13.5.9A).

Town Planning Scheme No. 6 Zonings and Reservations

The MTC comprises multiple zones under the City's Town Planning Scheme No. 6 (TPS 6) including Parks and Recreation, Local Open Space, Business Development, Residential Development, General Industry, Light Industry and Highway Commercial (refer Appendix 13.5.9B).

Existing development to the north and west of the MTC Structure Plan area is industrial, to the east is residential development and the commercial precinct of Maddington Centro is located on the southern side of Albany Highway.

Directions 2031

Directions 2031 is the state government's planning strategy for the Perth and Peel regions, which aims to realise the benefits of a more consolidated city, including:

A reduced overall need for travel

Support for the use of public transport, cycling and walking for access to services, facilities and employment

A more energy efficient urban form.Directions 2031 identifies the MTC as a Secondary Centre. Secondary Centres share similar characteristics with strategic metropolitan centres but serve smaller catchments. Secondary centres perform an important role in the City's economy and provide essential services to their catchments with an important focus on passenger rail and/or high frequency bus network.

The proposed MTC Structure Plan is consistent with the strategic objectives proposed in Directions 2031.

State Planning Policy 4.2 - Activity Centres for Perth and Peel

State Planning Policy 4.2 - Activity Centres for Perth and Peel (SPP 4.2) specifies broad planning requirements for the planning and development of new activity centres and the redevelopment and renewal of existing centres in Perth and Peel.

In accordance with the emphasis placed upon it by Directions 2031, SPP 4.2 places a higher emphasis on reducing dependency on private cars and increasing public and other non-car transport use are also given greater prominence. The critical mass and associated employment and transport efficiency associated with larger centres is why these are seen by SPP 4.2 to be the preferred centres for “mixed use”, rather than neighbourhood and local centres.

The proposed MTC Structure Plan is consistent with the strategic objectives stated in SPP 4.2.



99

Local Planning Policy 5.1 - Maddington Town Centre Development

Local Planning Policy 5.1 - Maddington Town Centre Development (LPP 5.1) prescribes policy positions relating to various development considerations which are directed to producing high standards of development and quality built form in the MTC. The objectives of this Policy are to:

Develop high quality activated streetscapes, with an emphasis on encouraging pedestrian access and amenity

Create a vibrant and active mixed use town centre

Promote safe and accessible public spaces

Promote intensive transit oriented development in proximity to the Maddington Rail Station

Encourage and promote diverse forms of residential development.The proposed MTC Structure Plan is consistent with the strategic objectives stated in LPP 5.1.

Community Consultation

It is proposed to advertise the MTC Structure Plan for community comment for a period of 42 days by way of:

Letters being sent to all landowners within the MTC Structure Plan area and within 100m of the MTC Structure Plan boundary

An advertisement placed in a local newspaper

Advertising on the City's website

Public displays at the City's Civic Centre and libraries.

DISCUSSION

Land Use

The development precincts proposed within the MTC Structure Plan are designed to encourage appropriate residential outcomes and land use diversity while recognising the commercial and mixed use environment and have been located to promote appropriate scales and intensity around the existing rail station and future bus interchange (refer Appendix 13.5.9C).

The 40m wide central boulevard will be landscaped to create a high level of amenity where the pedestrian and cyclist are favoured above private car accessibility. The central boulevard is anchored by a 4,000m2 node of open space that will provide a focal point for the MTC by functioning as a highly articulated town square or piazza. The large portion of open space spanning the length of Lower Park Road will be appropriately landscaped and accommodate the recreation needs for future MTC residents and the broader existing residential catchment.



100

The Australian Trades College (ATC) is positioned within a development cell with the flexibility to become an education precinct should there be a need for the ATC campus to expand in the future.

Open Space

The MTC Structure Plan proposes two separate areas of Public Open Space (POS), in addition to the vegetated and highly landscaped central boulevard (refer Appendix 13.5.9D).

Area 1 is 3.302ha in size, configured as a linear band of open space and extends the length of Lower Park Road. The minimum dimension of this portion of open space is 75m and as such will facilitate active recreation activities throughout its entirety. In addition, the configuration of this area of open space will provide a generous physical and visual buffer to the industrial land use activities on the northern side of Lower Park Road.

Area 2 is 0.4ha in size and anchors the northern end of the central boulevard. This area is likely to be predominantly hard-landscaped and will function as a piazza and gathering place within the MTC.

The gross MTC Structure Plan area is 22.024ha, however, 1.56ha is within the MRS zoned Rail Reserve and represents a deduction under the open space provisions of Liveable Neighbourhoods. As such, the net MTC Structure Plan area is 20.464ha and the provision of 3.702ha of open space represents a POS oversupply of 1.656ha or 18% of the net Structure Plan area.

Furthermore, when these areas are considered in the context of the MTC Structure Plan establishing the highly landscaped 40m wide central boulevard, the total area of the public realm being provided is approximately 4.94ha.

Residential

The Residential Activity Centre (R-AC) zones proposed within the MTC Structure Plan will encourage housing supply and diversity while recognising the commercial and mixed use environment in which they are situated in order to promote appropriate scales and land use intensity (refer Appendix 13.5.9E).

The R-AC zonings defined in the Residential Design Codes are intentionally flexible and do not prescribe specific density codings, however, in order to achieve the broader strategic objectives stipulated by the State Government in Directions 2031, to be consistent with the adjacent R80 density within the Maddington Central ODP and to complement the principles of Transit Oriented Development (TOD) on which the MTC Structure Plan is based, it is anticipated the residential densities within the Structure Plan area will ultimately range from R80 to R160 in the long-term future.



101

Movement Networks

The MTC's existing street grid is proposed to be extended to form an integrated movement network based on the principles stipulated in Liveable Neighbourhoods. The central boulevard and its extension into Canning Park Avenue is categorised as a Neighbourhood Connector with the balance of the road network expected to carry traffic volumes consistent with Access Streets under the definitions in Liveable Neighbourhoods.

Three intersections with Kelvin Road are proposed in the MTC Structure Plan. The extension of Kitson Place and the road abutting the southern edge of the linear band of open space are intended to be full access intersections, while the intersection proposed adjacent to the Railway Reserve seeks only left-in-left-out access.

Two additional intersections with Alloa Road are proposed in the MTC Structure Plan. The first is the road abutting the southern edge of the linear band of open space and creates a logical delineation between the open space and the Education Precinct. The second is proposed to create delineation between the southern edge of the Education Precinct and residential development.

Blackburn Street Extension

The extension of Blackburn Street is a critical element of the MTC Structure Plan for several reasons. Firstly, it will play an important role in facilitating connection with the established commercial and retail precinct south of Albany Highway. The Blackburn Street extension will consolidate and significantly increase pedestrian safety across Albany Highway and in doing so, will assist the MTC to achieve better integration with surrounding areas, including recreational connection to the Canning River.

Secondly, the Blackburn Street extension is an essential element for the successful development of the proposed Bus interchange.

Staging

It is proposed to stage the development of the MTC from the north towards the Railway Reserve (refer Appendix 13.5.9F). In this way, the City of Gosnells is able to construct the linear portion of open space (Area 1) along Lower Park Road and leverage the amenity of the open space to develop the areas abutting the open space.

CONCLUSION

The initiation of advertising of the proposed MTC Structure Pan represents the first important step in the statutory approvals process for the City to achieve its long-term vision to transform this area into a vibrant town centre predicated on the principles of social, commercial and environmental sustainability.


Nil.


Nil.



102

VOTING REQUIREMENTS




That Council initiate advertising of the Maddington Town Centre (MTC) Structure Plan for a period of 42 days by way of:

1. Letters being sent to all landowners within the MTC Structure Plan area and within 100m of the MTC Structure Plan boundary.

2. An advertisement placed in a local newspaper.

3. Advertising on the City's website.

4. Public displays at the City's Civic Centre and libraries.CARRIED 9/0


AGAINST: Nil.


103

13.5.10 PROPOSED MINOR MODIFICATION TO HOMESTEAD ROAD OUTLINE DEVELOPMENT PLAN (ITEM BROUGHT FORWARD - REFER TO ITEM 11)

The above item was brought forward in accordance with Clause 4.12 of the City of Gosnells Standing Orders Local Law 2012 and is relocated under Item 11 “Items Brought Forward for the Convenience of those in the Public Gallery” as the third report in these Minutes.


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13.5.11 DEVELOPMENT APPLICATION - 22 GROUPED DWELLINGS - 39 (LOT 200) BROOKLAND STREET, BECKENHAM

Author: A ThompsonAuthor’s Declaration of Interest:

Nil.

Reference: 222762Application No: DA12/00099Applicant: J-Corp T/as Impressions the Home BuilderOwner: Herdsman Technology Pty LtdLocation: 39 (Lot 200) Brookland Street, BeckenhamZoning: MRS: Urban

TPS No. 6: Residential DevelopmentReview Rights: Yes. State Administrative Tribunal against any discretionary

decision of Council.Area: 5.14haPrevious Ref: Nil.Appendix: 13.5.11A Site Plan

PURPOSE OF REPORT

For Council to consider an application for planning approval for 22 Grouped Dwellings at 39 (Lot 200) Brookland Street, Beckenham as the proposal is outside the authority delegated to staff due to non-compliance with Local Planning Policy 1.1.1 - Residential Development.

BACKGROUND


The subject lot is a vacant site bound by Brookland Street to the north-east, Roe Highway to the south-east, Kenwick Link to the south-west and residential lots to the north-west.

The subject application relates to a 5,504m2 area of land in the northern corner of Lot 200. For ease of reference that area will hereafter be referred to as the subject site.

The subject site is zoned Residential Development under Town Planning Scheme No. 6 (TPS 6) and is designated as Residential R40 under the Yule Brook Precinct 1 Outline Development Plan (ODP). The ODP proposes future roads to be developed along two boundaries of the subject site.

A map identifying the location of the property follows.



105

RD

BURHA

M

STALBANY

HWY

ROEHWY

SUBJECT

LOT

BROOKLAND

KENWICKLINK

HARR

ISST

LADYWELL

BONEWOOD

CT

CROSBY

ST

ST

200

Proposal


The construction of 22 single-storey grouped dwellings

The construction of two new public roads (Chichester Avenue and Wickham Road)

Lots 1, 2, 9, 10 and 11 are accessed from the future Wickham Road

Lots 3 to 8 are to be accessed from a common property driveway

Lots 12 - 17 are to be accessed from the future Chichester Avenue

Lots 18 - 22 are to be accessed from Brookland Street.A site plan is contained as Appendix 13.5.11A.

Consultation

Council's Local Planning Policy 1.1.1 - Residential Development is silent on whether or not the proposal was required to be advertised. Given that the key variation relates to Vehicular Access and will not have any external impact on surrounding landowners, it was not considered necessary to advertise the proposal.



106

DISCUSSION


The subject site is zoned Residential Development under TPS 6 and designated R40 under the Yule Brook Precinct 1 Outline Development Plan. In accordance with TPS 6, a Grouped Dwelling is a "D" use in the Residential zone, meaning it is not permitted unless the local government has exercised its discretion by granting planning approval.

Yule Brook Precinct 1 Outline Development Plan

As previously detailed the subject site forms part of the Yule Brook Precinct 1 ODP, which designates the subject site as Residential R40 and provides for new public roads along two boundaries of the site. The subject proposal relies on the construction of those roads to provide vehicular access to Lots 1 to 17 and it will therefore be recommended that a condition be imposed requiring the creation of those roads.

Residential Design Codes (R-Codes)

The R-Codes include Acceptable Development Criteria (prefixed by “A”) and Performance Criteria (prefixed by “P”). Applications not complying with the Acceptable Development Criteria can be assessed against relevant Performance Criteria, with that assessment guided by the City's Local Planning Policy 1.1.1 - Residential Development (LPP 1.1.1). LPP 1.1.1 prescribes:

Standards used to determine whether certain performance criteria of the R-Codes are met (column B)

Standards of development the City considers to be unacceptable (Column C).The subject proposal complies with all relevant Acceptable Development provisions of the R-Codes or Column B criteria of LPP 1.1.1, with the exception of those detailed in the table below.

R-Code and Policy Provision Assessment/Comment1. 6.5.4 Vehicular Access

A4.4 Formed Driveways designed for two way access and for vehicles to enter the street in forward gear where:

the driveway serves five or more dwellings; or

the distance from a car space to street alignment is 15m or more; or

The public street to which it connects is designated as a primary distributor, district distributor or integrated arterial road.

The proposed common property driveway (from the future Wickham Road) is 4m wide for the first 20m and 6.5m wide for the remainder of its length. The driveway serves six dwellings and the distance from the street to the first car space is greater than 15m. To allow for two way access, a formed driveway should be at least 6m wide. As the proposal does not comply with the Acceptable Development standards, assessment against the Performance Criteria is therefore required.



107

R-Code and Policy Provision Assessment/CommentP4 Vehicular access provided so as to

minimise the number of crossovers, avoid street trees, to be safe in use and not detract from the streetscape.

The narrow portion of the formed driveway is located where the common property and Wickham Road meet. It is considered that this is where two way access would be critical in terms of traffic safety, allowing two way access directly off the street into the site. This would prevent cars from having to wait on the road to enter the common property driveway, as would otherwise be the case with the current proposal. It is therefore considered that the proposal does not meet the stated Performance Criteria.

LPP 1.1.1Column B - Development that complies with 6.5.4 Acceptable Development provisions A4.1 - A4.4.

As mentioned above, the development does not comply with the Acceptable Development provisions A4.4 and therefore does not meet the Column B criteria.

Column C - Development that does not comply with 6.5.4 Acceptable Development provisions A4.1 - 4.4.

The development proposal is considered unacceptable by virtue of the Column C criteria and a variation to the Policy is not considered appropriate is this instance. Furthermore, due to the siting of the proposed dwellings, a redesign will be required to create sufficient space for the provision of a two-way driveway to the central dwellings. The driveway needs to be 6m in width.

State Planning Policy 5.4 - Road and Rail Transport Noise and Freight Considerations in Land Use Planning

The subject site is located directly abutting Roe Highway (including the passenger and freight railway line) and is within close proximity to Kenwick Link and Albany Highway. The development site is therefore subject to the requirements of State Planning Policy 5.4 - Road and Rail Transport Noise and Freight Considerations in Land Use Planning (SPP 5.4). SPP 5.4 outlines various requirements for development abutting certain roads and rail lines in order to minimise potential noise impacts to such development.

SPP 5.4 identifies that for any new noise sensitive development, noise assessments should be conducted as early as practicable in the planning process, typically at the scheme amendment or structure planning stage. In this instance a noise assessment was provided with the Yule Brook Precinct 1 ODP. The submitted noise assessment recommends that in order to address potential noise impacts from Roe Highway and Kenwick Link, the developer of Lot 200 would be required to construct a 2.8m high noise wall around the boundary of Lot 200, where it abuts Roe Highway and Kenwick Link. This issue can be addressed at such time as the site planning is resolved to accord with the driveway width issue mentioned above.

CONCLUSION

Although the proposal accords with most of the relevant technical standards, the required driveway widening will have an impact on other elements of the proposal, and accordingly it is recommended that Council defers its decision on the proposal pending the receipt of a revised site plan.



108


Nil.



Residential Design Codes

Local Planning Policy 1.1.1 - Residential Development

Yule Brook Precinct 1 Outline Development Plan.

VOTING REQUIREMENTS




That Council defers consideration of the development of 22 grouped dwellings at 39 (Lot 200) Brookland Street, Beckenham, pending the receipt of revised plans which accord with the provisions of the Residential Design Codes in relation to the required width of the driveways.



AGAINST: Nil.

Notation

9.28pm - Cr R Hoffman left the meeting.


109

13.6 GOVERNANCE

13.6.1 2012 DELEGATED AUTHORITY REVIEW Author: K. FarrowAuthor’s Declaration of Interest:

Nil.

Previous Ref: OCM 8 November 2011 (Council Resolution 532)Appendix: 13.6.1A Proposed 2012/2013 Delegated Authority Register

PURPOSE OF REPORT

For Council to review the delegations contained within the City’s 2011/12 Delegated Authority Register and endorse the proposed amendments, which provide for improvements to the City's decision making processes.

BACKGROUND

Under the Local Government Act 1995 and other legislation, the Council and the Chief Executive Officer have the power to delegate certain functions and duties.

Delegations are designed to improve operational efficiency by allowing decisions to be made by the most appropriate person. A record of all delegations adopted by Council and the CEO are kept in the Delegated Authority Register. The City is required to review its delegations at least once each financial year in accordance with sections 5.18 and 5.46 of the Local Government Act 1995.

DISCUSSION

The 2011/12 Delegated Authority Register has been reviewed and the revised version is attached as Appendix 13.6.1A. The proposed amendments are highlighted yellow; new text is shown in red and text to be deleted is depicted with a strikethrough.

The following table outlines the outcome of this review and the changes proposed.

Ref. Delegation Title

Précis of ProposedAmendment

Reason

1.1.1 Acquisition and Disposal of Property – Public Art Work

Amendments to Council's conditions on the delegation and to the compliance links.

The amendments are proposed to reflect the recent amendments to Council Policy 3.1.12 'Art Acquisition, Management and Decommissioning'. Therefore, the value of public art which may be decommissioned by the Public Art Committee has dropped from $20,000 to $5,000.

1.2.1 Signs, Hoardings and Bill Posting

Proposed to be deleted. This delegation is now redundant and is proposed to be revoked as it was made under the former local law relating to Signs, Hoardings and Bill Postings. That local law was repealed and replaced with the City of Gosnells Thoroughfares and Public Places Local Law 2012.



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Reason

1.2.2 Appoint Authorised Persons

Minor amendment proposed to the record keeping statement.

Administrative amendment only.

1.2.3 Powers of Entry

Proposed to be deleted. Section 3.31 of the Act enables the local government to appoint authorised persons for purposes of entering private property. Delegated authority for the 'powers of entry' is not required and the delegation is proposed to be deleted.

1.2.4 Disposing of Confiscated or Uncollected Goods

Amendments are proposed to the title of the delegation, the function delegated and to the record keeping section.

The term "uncollected goods" has been removed from the delegation's title as it is superfluous and may cause confusion as only uncollected goods which were initially impounded under s3.39 of the Act may be disposed of using this delegation.

1.2.5 Road Closures - Temporary

Amendments are proposed to the function delegated, the record keeping statement and to the compliance links section.

Function three of the delegation is proposed to be deleted as it does not require delegated authority. The provision can be undertaken by staff who have delegated authority to close a road, as it is a secondary consideration rather than a major decision requiring a delegation.

The proposed amendments to the record keeping and compliance links section are required to ensure the City complies with its legislative obligations.

1.2.6 Expression of Interest and Request for Tenders

Minor amendments to the record keeping section.

Administrative amendments only.



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Reason

1.2.7 Acquisition and Disposal of Property

The function delegated and Council's conditions on the delegation are proposed to be amended.

Additionally, there are minor changes to the record keeping section proposed.

Amendments are proposed to the delegation's function to better reflect the wording of the Act.

Function two is proposed to be deleted as it is covered by delegation 1.2.4 (Disposing of Confiscated or Uncollected Goods) and has been duplicated in this delegation.

Changes to the conditions are also proposed to include references to the relevant Council policies and to ensure the layout of the delegation is user-friendly.

In addition, the condition on the delegation regarding the subdivision of Lot 8 Holmes Street Southern River is proposed to be deleted as it has been completed and is no longer required.

1.2.8 Municipal Fund Procedures and Payments

Minor amendments proposed to the record keeping and compliance links section.


1.2.9 Trust Fund Minor amendments proposed to the record keeping and compliance links sections.


1.2.10 Debts – Waiver, Concessions or Write Off

Proposed amendment to the function, record keeping and compliance links sections.

The proposed amendment to the delegation's function is to allow the write-off rates owed to the City. This formalises the City's ability to write off small rate debts of a few dollars which occur when a ratepayer pays the rates a couple of days late and incurs penalty interest for the late payment.

1.2.11 Investments Minor amendments to the record keeping section.


1.4.1 Grant of Building Permit



1.4.2 Grant of Demolition Permit



1.4.3 Grant of Occupancy Permit, Building Approval Certificate





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Reason

1.4.4 Extension of Period of Duration of Occupancy Permit or Building Approval Certificate



1.4.5 Building Orders, Legal Proceedings



1.4.6 Appoint Authorised Persons



2.1.1 TPS – Appointment of Authorised Persons



2.1.2

TPS Development Control

Amendments are proposed to the function delegated, condition one and parts B, D and E of condition three.

There are also some minor amendments to the record keeping section.

An amendment is proposed to condition one to improve operational efficiency. Condition one currently prevents the delegation from being used if the development application is for a property which has had a development application considered by Council in the past.

The proposed amendment requires that where a specific development proposal on a property has previously been subject to determination by Council, all subsequent applications involving any key elements of the original proposal would be presented to Council for determination.

For example, if Council considered an application for a Liquor Store and then years later the proponent submitted another application for a minor extension to signage; it would have to be considered by Council due to condition one as it currently stands, as signage constitutes development on the same site. However, under the proposed wording, such an application would be determined under delegated authority if it complied with the relevant policies as it does not specifically relate to the original Council decision (being the Liquor Store).

Secondly, an amendment to part B of



113



Reason

condition three is proposed to enable delegated authority to be used for applications on fast food outlets which are located inside shopping centres with the same hours of operation. The amendment to condition number three, part D and E, is administrative in nature and is required to align the delegation with the local planning policies on signage and outbuildings (LPP 2.2 and LPP 4.9).

2.1.3 TPS – Residential Design Codes

Amendments are proposed to the function delegated, the conditions on the delegation and to the record keeping section.

The function delegated requires a minor amendment to align with the State Planning Policy which refers to the Residential Design Codes of 2008, not 2010.

Condition one of the delegation is proposed to be amended for the same reasons as discussed above in the proposed changes to delegation 2.1.2.

2.1.4 TPS – Outline Development Plans – Minor Variations

Amendments are required to the function delegated, Council's conditions on the delegation, record keeping and the compliance links sections.

Condition one requires minor variations to Outline Development Plans (ODPs) to be presented to Council for determination if the ODP was previously considered by Council. The problem with this is that all ODPs are considered by Council at least once during the approval process (clause 7.4.7 of Town Planning Scheme 6) which defeats the purpose of the delegation.

Therefore, condition one is proposed to be deleted and replaced with a requirement to comply with clause 7.5 of the TPS and Local Planning Policy 3.1.

Minor administrative amendments are also proposed to the function delegated, record keeping and compliance links sections.



114



Reason

2.1.5 TPS – Outline Development Plan – Advertise

Amendments are required to the conditions on the delegation and to the record keeping and the compliance links sections.

It is recommended that condition one be deleted as it prevents the delegation from being used to determine if a proposed major change to an existing Outline Development Plan is suitable for advertising. The reason for this is as explained in delegation 2.1.4.

2.1.6 TPS – Outline Development Plan – Final Adoption

Minor amendments to the record keeping and compliance section.


2.1.7 TPS – Detailed Area Plans

Minor amendment to the record keeping section.


2.1.8

TPS – Unauthorised Development - Directions

Proposed to be deleted. The first function of the delegation provides staff with the authority to act on non-compliance with the Town Planning Scheme 6 (TPS). However, clause 12.4 of the TPS is not a function for the local government to fulfil. It is an offence clause which simply requires a person to comply with the provisions of the Scheme. Therefore, it is recommended that function one be deleted.

Functions two and three of the delegation are no longer required as unauthorised development is to be dealt with in accordance with Council Policy 5.4.1 'Compliance and Enforcement Policy', which provides a consistent approach to compliance action across the City.

3.1.1 Strata Title Certificates



3.2.1 Bush Fires Act – Powers and Duties



3.2.2 Bush Fires Act – Prohibited and Restricted Burning Times



3.2.3 Bush Fires Act – Prosecutions

Amendments proposed to the function delegated and to the record keeping section.

Minor amendments are required to refer to the correct section of the legislation and to refer to the correct document management system.

3.3.1 Food Act 2008 – Prohibition Orders





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Reason

3.3.2 Food Act 2008 – Registration of Food Business



3.3.3 Food Act 2008 – Appointment of Authorised Persons and Designated Officers



3.3.4 Food Act 2008 – Prosecutions



Legislation in Western Australia also provides for State Government functions or duties to be delegated to local government and such delegated authorities are included in the City’s Delegated Authority Register at Part 4, as listed below. These delegations are determined by the relevant external agency and do not require review or adoption by Council.

Environmental Protection Act 1986Title Details

4.1.1 Noise Control – Serve Environmental Protection Notices [s65(1)]

Delegation No.52 - Gazette No.47, 19 March2004

4.1.2 Noise Control – Keeping of Log Books, Noise Control Notices, Calibration and Approval of Non-Complying Events [Reg.16]

Delegation No.68 - Gazette No.127, 22 June2007

4.1.3 Noise Control – Noise Management Plans [Reg.13]

Delegation No.69 - Gazette No.149, 20 July2007

Planning And Development Act 2005Title Details

4.2.1 Western Australian Planning Commission – Referral Arrangements

Gazette No.222, 19 December 2008

4.2.2 Western Australian Planning Commission – Development Applications

Gazette No. 248, 23 December 2011

4.2.3 Western Australian Planning Commission – Section 25 of Strata Titles Act 1985

Gazette No.98, 9 June 2009

Main Roads Western AustraliaTitle Details

4.3.1 Control Certain Roadside Advertisements On Highways And Main Roads

Delegated Authority by Commissioner of MainRoads Western Australia – April 1987



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Nil.


Section 5.16 of the Local Government Act 1995 (Act) provides for the delegation of some powers and duties to certain committees of Council. Section 5.17 prescribes limitations on the powers and duties that may be delegated to certain committees of Council.

Section 5.42 of the Act enables a local government to delegate to the Chief Executive Officer (CEO) the exercise of any of its powers or the discharge of any of its duties under the Act, subject to the limitations prescribed in section 5.43.

Other statutes administered by local governments such as the Bush Fires Act 1954 and Town Planning Schemes under the Planning and Development Act 2005 also enable a local government to delegate specific functions and powers to Officers.

Sections 5.18 and 5.46 of the Act require the City to maintain a register of the delegated authorities and further require that delegations be reviewed at least once each financial year.

VOTING REQUIREMENTS

Staff Recommendation 1 - Absolute Majority required (requires the support of one third (4) of the Offices of Members of Council for the matter to be considered)

Staff Recommendation 2 - Absolute Majority required.

Notation

9.30pm - Cr R Hoffman returned to the meeting.


593 Moved Cr R Hoffman Seconded Cr R Lawrence, Cr G Dewhurst and Cr K JonesThat Council revoke the following delegations listed below, shown with a strikethrough of the text in the 2011/12 Delegated Authority Register provided as Appendix 13.6.1A, noting that the functions of the delegations will remain operable through Council policy, the appointment of authorised persons and through subsequent amendments to continuing delegations:

Deleted Delegation: Function Continuing Via:1.2.1 Signs, Hoardings and Bill Posting

City of Gosnells Thoroughfares and Public Places Local Law 2012

1.2.3 Powers of Entry Appointment of authorised persons under s9.10 of the Local Government Act 1995 for the purposes of the powers of entry under s3.31(2) of the Act.

2.1.8 TPS - Unauthorised Development - Directions

Council Policy 5.4.1 'Compliance and Enforcement Policy'CARRIED BY ABSOLUTE MAJORITY 9/0


AGAINST: Nil.



117


594 Moved Cr R Hoffman Seconded Cr R Lawrence

That Council adopt the listed Delegated Authorities inclusive of assigned delegates, conditions, limitations and amendments, as contained in the 2012/13 Delegated Authority Register attached as Appendix 13.6.1A, specifically titled as below:

Local Government Act 1995 Delegated Authorities:1.1.1 Acquisition and Disposal of Property – Public Art Work1.2.1 Appoint Authorised Persons1.2.2 Disposing of Confiscated or Uncollected Goods1.2.3 Road Closures - Temporary1.2.4 Expression of Interest and Request for Tenders1.2.5 Acquisition and Disposal of Property1.2.6 Municipal Fund Procedures and Payments1.2.7 Trust Fund1.2.8 Debts – Waiver, Concessions or Write Off1.2.9 Investments

Building Act 2011 Delegated Authorities:1.4.1 Grant of Building Permit1.4.2 Grant of Demolition Permit1.4.3 Grant of Occupancy Permit, Building approval Certificate1.4.4 Extension of Period of Duration of Occupancy Permit or Building

Approval Certificate1.4.5 Building Orders, legal Proceedings1.4.6 Appoint Authorised Persons

Town Planning Scheme No.6 Delegated Authorities:2.1.1 TPS – Appointment of Authorised Persons2.1.2 TPS Development Control2.1.3 TPS – Residential Design Codes2.1.4 TPS – Outline Development Plans – Minor Variations2.1.5 TPS – Outline Development Plan – Advertise2.1.6 TPS – Outline Development Plan – Final Adoption2.1.7 TPS – Detailed Area Plans

Other Legislation Delegated Authorities:3.1.1 Strata Title Certificates3.2.1 Bush Fires Act 1954 – Powers and Duties3.2.2 Bush Fires Act 1954 – Prohibited and restricted Burning Times3.2.3 Bush Fires Act 1954 – Prosecutions3.3.1 Food Act 2008 – Prohibition Orders3.3.2 Food Act 2008 – Registration of Food Business3.3.3 Food Act 2008 – Appointment of Authorised Persons and Designated

Officers3.3.4 Food Act 2008 – Prosecutions.



AGAINST: Nil.


118

13.6.2 2013 MEETING SCHEDULE - ORDINARY COUNCIL, PUBLIC ART AND AUDIT COMMITTEES

Author: K BainbridgeAuthor’s Declaration of Interest:

Nil.

Previous Ref: Nil.Appendix: 13.6.2A Meeting calendar for 2013

PURPOSE OF REPORT

For Council to adopt a schedule of meeting dates for Ordinary Council meetings and the Audit Committee for the year 2013.

BACKGROUND

Ordinary Council meetings are held on the second and fourth Tuesday of each month, with the exception of January which is generally deemed a recess period for Council.

Establishing the meeting schedule in advance provides efficiencies in the City's forward planning and facilitates arrangements for advertising.

The Local Government (Administration) Regulations 1996 prescribe that at least once each year a local government is to give local public notice of the dates on which Ordinary Council meetings and certain Committee meetings are to be held in the next 12 months.

Audit Committee meetings are conducted on a quarterly basis on the first Tuesday in the months of March, May, August and November, or as required at the determination of the Presiding Member or Committee. As there is no delegated authority to this committee, the meetings are not open to the public and as such, meeting dates are not required to be advertised.

The City's Public Art Committee meetings are scheduled on an as needs basis and therefore a schedule of meetings is not proposed in this report. It should be noted however, that as the Public Art Committee has Delegated Authority from Council its meetings are required to be publicly advertised and open to the public. Such advertising will be undertaken as meetings are scheduled.

DISCUSSION

A review of the Department of Commerce schedule of Western Australian Public Holidays for 2013 indicates no conflicts with the proposed meeting dates with public holiday dates,

As resolved by Council in previous years, only one meeting is proposed for December as the fourth Tuesday falls on Christmas Eve. It is proposed the meeting for the final month of the year be convened on 17 December 2013.



119

It is proposed that the Audit Committee's first meeting for 2013 occur on 5 March to ensure sufficient time for completion of the annual Statutory Compliance Audit Return and reporting to the Audit Committee prior to endorsement by Council. It should be noted that the duly endorsed Return must be provided to the Department of Local Government by no later than 31 March 2013.


The cost for advertising the 2013 Ordinary Council Meeting dates will be met from the Governance operation budget.


Regulation 12 of the Local Government (Administration) Regulations 1996.

VOTING REQUIREMENTS

Simply Majority required.



That Council adopt and give Local Public Notice of the following schedule of Ordinary Council meetings for 2013:

12 and 26 February 201312 and 26 March 20139 and 23 April 201314 and 28 May 201311 and 25 June 20139 and 23 July 201313 and 27 August 201310 and 24 September 20138 and 22 October 201312 and 26 November 201317 December 2013.



AGAINST: Nil.



120



That Council adopt the following schedule of Audit Committee meetings for 2013:

5 March 20137 May 20136 August 20135 November 2013.



AGAINST: Nil.


121

13.6.3 POLICY 5.4.6 CIVIC AND CEREMONIAL FUNCTIONS REVIEW Author: K. FarrowAuthor’s Declaration of Interest:

Nil.

Previous Ref: OCM 9 October 2012 (Resolution 474)OCM 28 August 2012 (Resolution 415)

Appendix: 13.6.3A Proposed Policy 5.4.6 - Civic and Ceremonial Functions

PURPOSE OF REPORT

To recommend that Council amend Policy 5.4.6 - Civic and Ceremonial Functions in order to align clause 4 with clause 3.

BACKGROUND

The Australia Day Active Citizenship Awards, Safe City and biennial Heritage Awards are currently held within the Civic Centre in accordance with Policy 5.4.6 - Civic and Ceremonial Functions. However, due to limited space within the Civic Centre and an increasing number of candidates applying for citizenship, it is proposed that the Awards be held at an alternative venue. With no current flexibility, a change to the policy is being proposed.

A copy of the Policy with proposed deletions in strikethrough and additions in bold italics and underlined is attached as Appendix 13.6.3A.

DISCUSSION

The proposed amendment to clause 4 pertaining to the Australia Day celebrations would see the deletion of sub-clause 4.2(a) which reads:

"A combined invitation only event held in the Civic Centre Function facilities, facilitating:"

and re-numbering the balance of the subclauses "a", "b", "c" and "d". Clause 4.3 is also amended slightly to reflect the splitting of the citizenship ceremony and the awards presentation.

By deleting the requirement to conduct the awards component of the ceremony in the Civic Centre on Australia Day in conjunction with a Citizenship Ceremony, the City is given the opportunity to conduct the awards celebration at Pioneer Park in conjunction with the City's community event. This means that:

More people including family and friends of the nominees can be invited to the awards presentation (the Civic Centre's capacity is no longer an issue)

The awards can be presented in front of a larger crowd and a crowd which may be more interested in the awards than people who are focussed on becoming new citizens

More people can be invited to the Citizenship Ceremony.



122

The change also means that the City has the capacity to combine the awards ceremony with the Citizenship Ceremony if this is considered a more preferable option in the future.

This proposed change to the Policy is considered to be a minor amendment in accordance with clause 4 of Policy 5.4.5 - Council Policy Management. As such, it is recommended that Council adopt the proposed amendments.


Nil.


Council's role includes responsibility for determining the local government's policies under section 2.7(2)(b) of the Local Government Act 1995.

VOTING REQUIREMENTS

Absolute Majority required (requires the support of one third (4) of the Offices of Members of Council for the matter to be considered.


597 Moved Cr G Dewhurst Seconded Cr J Brown, Cr R Lawrence and Cr R Mitchell

That Council adopt the proposed amendments to Policy 5.4.6 - Civic and Ceremonial Functions as contained in Appendix 13.6.3A.



AGAINST: Nil.

14. MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN

Nil.


123

15. URGENT BUSINESS(by permission of Council)

15.1 DEVELOPMENT APPLICATION - SHOWROOM AND OFFICE UNITS - 1481 (LOT 300) ALBANY HIGHWAY, BECKENHAM. (ITEM BROUGHT FORWARD - REFER TO ITEM 11)

The above item was brought forward in accordance with Clause 4.12 of the City of Gosnells Standing Orders Local Law 2012 and is relocated under Item 11 “Items Brought Forward for the Convenience of those in the Public Gallery” as the fourth report in these Minutes.


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16. CONFIDENTIAL MATTERS

RECOMMENDATION AND COUNCIL RESOLUTION

598 Moved Cr R Hoffman Seconded Cr J Brown

That Council declare the meeting closed to members of the public at 9.39pm to allow for discussion of confidential matters in accordance with section 5.23(2) (c) and (e) of the Local Government Act 1995



AGAINST: Nil.

The Mayor advised the meeting that Cr T Brown had disclosed an Impartiality Interest in the following item in accordance with Regulation 34C of the Local Government (Administration) Regulations 1996.

16.1 SAFE CITY AWARDS - CONSIDERATION AND APPROVAL OF AWARD APPLICATIONS FOR 2012

Author: S SpieglAuthor’s Declaration of Interest:

Nil.

Previous Ref: OCM 23 March 2010 (Resolution 130)Appendix: 16.1A Confidential Appendix

16.1B Confidential Recommendations

PURPOSE OF REPORT

To advise Council of the Safe City Awards applications received for 2012 and for Council to determine the winners under the three categories in accordance with Policy 3.2.3 Safe City Awards Selection.

BACKGROUND

The Safe City Awards recognise people in the community who have contributed to making the City of Gosnells a safer place through addressing crime prevention, community safety or community involvement in reducing the fear of crime as an issue for their group, school or organisation.

At its Ordinary Meeting held on 23 March 2010, Council resolved (Resolution 130) to adopt Policy 3.2.3 Safe City Awards Selection which details the assessment and selection process for these awards. In accordance with this Policy, applications received are forwarded to Council for its determination of the winners under the three award categories.


Item 16.1 Continued

125

Invitations to apply for the Safe City Awards were advertised in the Examiner newspaper on 2 August and 11 October 2012 and four media releases appeared; three in the Examiner on 26 July, 9 August and 20 September 2012 and one in the Comment News on 17 July 2012 with the closing date for applications being 31 October 2012. At the time of closure, the following numbers of applications by category were received:

Category Number of applications received

Community Kids Award 7 applications

Community Initiative Award 5 applications

Constable Peter Ball Memorial Youth Award 3 applications

Following the closure date, the award applications were evaluated by officers using the Selection Criteria contained within Policy 3.2.3. The evaluation matrix is presented to Council for consideration in confidential Appendix 16.1A.

DISCUSSION

A summary of applications received by the City under the three categories, together with Officer Assessments against the criteria contained with Policy 3.2.3 are included in confidential Appendix 16.1A. Officers' comments on whether or not the award applications meet the eligibility criteria are included in the Appendix.

In accordance with Council Policy 3.2.3, Council is required to consider and subsequently approve or not approve the award recipients for the three Safe City Award categories. The winners of the Community Kids Awards, as determined by Council, will be presented during the final term of school 2012. The recipients of the Community Initiative Award and the Constable Peter Ball Memorial Youth Award are recommended to be embargoed until the City’s Australia Day event on 26 January 2013, at which the announcement of recipients will be made. Following the presentations, the City will write to all applicants to provide notification of Council’s decision.

Recommendations of award recipients are given in Confidential Appendix 16.1B.


The Safe City Awards has a budget allocation of $4,250 within the 2012/13 Council Budget. Of this, a total of $3,500 is available for the winners over the three categories.

The table below shows the breakdown of awards funds as allocated within each category.


Item 16.1 Continued

126

Award Category Prize MoneyCommunity Initiative Award $1,000Constable Peter Ball Memorial Youth Award $1,000Community Kids Award First Prize Second Prize Third prize

$800$450$250

Total Prize Money $3,500

The staff recommendation is that Council approve the awarding of prize money to the value of $3,500 as detailed in the staff recommendations in Confidential Appendix B.


Council Policy 3.2.3 – Safe City Awards Selection is relevant.

Section 5.23(2) (c) and (e) of the Local Government Act 1995 to enable the item to be considered as a confidential item as it includes information embargoed until the City’s Australia Day event on 26 January 2013.

VOTING REQUIREMENTS


STAFF RECOMMENDATION

Moved Cr J Brown Seconded Cr G Dewhurst

That Council adopt the recommendations contained within Confidential Appendix 16.1B relating to the winners of the three Safe City Awards and that the winners of the Community Kids Award category be announced during the final school term in 2012 with the winners of the remaining two categories being embargoed until the City's Australia Day event to be held on 26 January 2013.

Amendment

During debate Cr T Brown moved the following amendment:

“That Council award the 2012 Safe City Award for the Community Initiative category to the nominee that received a score of 26.5 out of 30 points, as contained within Confidential Appendix 16.1A.”

Cr T Brown provided the following written reason for the proposed amendment:

“This nominee is assessed as demonstrating the most effective outcomes for community safety.”


Item 16.1 Continued

127

At the conclusion of debate the Mayor put Cr T Brown's proposed amendment, which reads:

PROPOSED MOTION

Moved Cr T Brown

That Council award the 2012 Safe City Award for the Community Initiative category to the nominee that received a score of 26.5 out of 30 points, as contained within Confidential Appendix 16.1A

LAPSED DUE TO LACK OF SECONDER

The amendment having lapsed, the Mayor then put the staff recommendation.



That Council adopt the recommendations contained within Confidential Appendix 16.1B relating to the winners of the three Safe City Awards and that the winners of the Community Kids Award category be announced during the final school term in 2012 with the winners of the remaining two categories being embargoed until the City's Australia Day event to be held on 26 January 2013.

CARRIED 8/1FOR: Cr J Brown, Cr G Dewhurst, Cr R Hoffman, Cr K Jones, Cr R Lawrence, Cr R Mitchell,

Cr O Searle and Cr D Griffiths.

AGAINST: Cr T Brown.

RECOMMENDATION AND COUNCIL RESOLUTION

600 Moved Cr R Lawrence Seconded Cr R Mitchell

That Council re-open the meeting to members of the public at 9.45pm.CARRIED 8/1

FOR: Cr J Brown, Cr T Brown, Cr R Hoffman, Cr K Jones, Cr R Lawrence, Cr R Mitchell, Cr O Searle and Cr D Griffiths.

AGAINST: Cr G Dewhurst.

17. CLOSURE

The Mayor declared the meeting closed at 9.46pm.

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