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ORDINARY COUNCIL MEETING9 JUNE 2015

TABLE OF CONTENTS - MINUTES

Item Report Title Page No.

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

2. RECORD OF ATTENDANCE............................................................................23. DISCLOSURE OF INTEREST...........................................................................24. ANNOUNCEMENTS BY THE PRESIDING MEMBER......................................25. REPORTS OF DELEGATES.............................................................................36. QUESTION TIME FOR THE PUBLIC AND THE RECEIVING OF

PUBLIC STATEMENTS.....................................................................................36.1 QUESTION TIME...................................................................................46.2 PUBLIC STATEMENTS.........................................................................5

7. CONFIRMATION OF MINUTES........................................................................58. RECEIVING OF PETITIONS AND PRESENTATIONS.....................................59. APPLICATIONS FOR LEAVE OF ABSENCE ...................................................510. QUESTIONS OF WHICH DUE NOTICE HAS BEEN GIVEN............................611. ITEMS BROUGHT FORWARD FOR THE CONVENIENCE OF THOSE

IN THE PUBLIC GALLERY ...............................................................................613.2.2 DEVELOPMENT APPLICATION - SCHEDULE 9A

AMENDMENT FOR AN ANIMAL ESTABLISHMENT (CATTERY) - 19 (LOT 5) VICTORIA ROAD, KENWICK .........7

13.3.4 INSTALLATION OF SPEED CUSHIONS, BICKLEY ROAD, KENWICK - PUBLIC CONSULTATION RESULTS...............................................................................13

12. REPORTS OF COMMITTEE MEETINGS.......................................................1513. REPORTS .......................................................................................................16

13.1 CHIEF EXECUTIVE OFFICE...............................................................1613.1.1 10 YEAR COMMUNITY PLAN REVIEW 2015.......................16

13.2 PLANNING AND SUSTAINABILITY ....................................................1913.2.1 DEVELOPMENT APPLICATION - ADDITIONS TO

TRUCK STOP (MOTOR VEHICLE WASH, MOTOR VEHICLE REPAIR, WAREHOUSE, LUNCH BAR, STORAGE BUILDING AND CONVENIENCE STORE EXTENSIONS) - 18 (LOT 566) ORCHARD ROAD, MADDINGTON.......................................................................19

City of GosnellsOrdinary Council Meeting Minutes 9 June 2015

Item Report Title Page No.

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13.2.2 DEVELOPMENT APPLICATION - SCHEDULE 9A AMENDMENT FOR AN ANIMAL ESTABLISHMENT (CATTERY) - 19 (LOT 5) VICTORIA ROAD, KENWICK (ITEM BROUGHT FORWARD - REFER TO ITEM 11) .........27

13.2.3 DEVELOPMENT APPLICATION - GENERAL INDUSTRY (SERVICING OF MACHINERY) AND CARETAKER'S DWELLING - 41 (LOT 254) CLIFFORD STREET, MADDINGTON ...................................28

13.2.4 REVIEW OF TOWN PLANNING SCHEME NO. 20...............3613.2.5 AMENDMENT NO. 160 - REZONING OF LOT 9000

RAILWAY PARADE, BECKENHAM FROM RESIDENTIAL AND CIVIC AND CULTURAL TO THE RESIDENTIAL ZONE.............................................................41

13.3 INFRASTRUCTURE ............................................................................4513.3.1 TENDER 03/2015 - PLUMBING AND GAS SERVICES ........4513.3.2 TENDER 10/2015 - PEST MANAGEMENT SERVICES........4913.3.3 TENDER 11/2015 - AIR CONDITIONING

MAINTENANCE - CIVIC CENTRE ........................................5213.3.4 INSTALLATION OF SPEED CUSHIONS, BICKLEY

ROAD, KENWICK - PUBLIC CONSULTATION RESULTS (ITEM BROUGHT FORWARD - REFER TO ITEM 11) ................................................................................58

13.3.5 MILLS PARK REDEVELOPMENT PROJECT - REPORT ON PETITION RECEIVED REGARDING PROPOSED FLOORING IN THE NEW FUNCTION CENTRE ................................................................................59

13.4 COMMUNITY ENGAGEMENT ............................................................6113.4.1 DISABILITY ACCESS INCLUSION PLAN 2014/2018

INCLUDING OUTCOME 7 .....................................................6113.5 CORPORATE SERVICES ...................................................................6313.6 GOVERNANCE....................................................................................63

14. MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN ...................6315. URGENT BUSINESS ......................................................................................6316. CONFIDENTIAL MATTERS ............................................................................6317. CLOSURE .......................................................................................................63


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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 9 June 2015.

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

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 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

ELECTED MEMBERS

MAYOR CR D GRIFFITHSCR W BARRETTCR J BROWNCR D GOODE JPCR P GRIFFITHSCR R HOFFMANCR R LAWRENCECR O SEARLECR P YANG

STAFF

CHIEF EXECUTIVE OFFICER MR I COWIEDIRECTOR COMMUNITY ENGAGEMENT MS A COCHRANACTING DIRECTOR CORPORATE SERVICES MR F SULLIVANACTING DIRECTOR INFRASTRUCTURE MR D SMITHDIRECTOR PLANNING & SUSTAINABILITY MR C TERELINCKDIRECTOR GOVERNANCE MR G BRADBROOKMINUTE CLERK MS S MACGROTTY

PUBLIC GALLERY Five

2.1 APOLOGIES

Cr G Dewhurst

2.2 LEAVE OF ABSENCE

Cr R Mitchell was granted Leave of Absence from 8 June to 12 July 2015; vide Resolution 167 of the 12 May 2015 Ordinary Council Meeting.

Cr O Searle was granted Leave of Absence from 9 June to 9 July 2015; vide Resolution 189 of the 26 May 2015 Ordinary Council Meeting.

3. DISCLOSURE OF INTEREST

Nil.

4. ANNOUNCEMENTS BY THE PRESIDING MEMBER(without discussion)

The Mayor announced that he was very pleased to inform the Council that former Councillor and Deputy Mayor of the City of Gosnells – Dr Robert Isaacs OAM JP PhD, was recently awarded the Aboriginal Award in the Western Australian of the Year Awards for 2015 as well as the Western Australian of the Year Award. The citation read:


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“Dr Robert Isaacs OAM JP PhD.

Robert has spent the last 50 years breaking down cultural barriers and improving the lives of disadvantaged people.

He is the Chair of the Australia Day Council WA, Executive Member to the State Aboriginal Advisory Council - Aboriginal Affairs Planning Authority Act, and Foundation Member, President and Chair of the Derbarl Yerrigan Health Service.

Robert has led initiatives in social justice, health, employment and community service, and has held a number of government roles. He led Aboriginal education initiatives, assisting the establishment of the Clontarf Aboriginal College. He has worked with the government to implement programs to assist Aboriginal people achieve home ownership and housing security in a sustainable manner.

Robert was the first Aboriginal person to be elected to local government as Councillor and Deputy Mayor for the City of Gosnells. Robert has been awarded an honorary doctorate from Warnborough College, Canterbury, the Centenary Medal and an Order of Australia Medal in recognition of service to Housing, Health, Education, Employment and Aboriginal Affairs.”

5. REPORTS OF DELEGATES(without discussion)

Nil.

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

Nil.

6.1 QUESTION TIME

Question Time for the Public commenced at 7.33pm.

Mr Leon Walker of 27/99 Stafford Road, Kenwick asked the following question:

Q1 What initiatives does the City have in place to encourage the building of affordably priced housing for the people of the City?

Response: The Chief Executive Officer advised that the City’s role in housing, principally relates to establishing the planning conditions for buildings and establishing requirements for what goes onto the lot in terms of its ability to cope with drainage and the like.

The City has been very proactive in developing a local housing strategy which identifies areas for greater density which potentially can lead to smaller units making the lots more affordable. However, the City isn’t actually a housing provider itself. The City works with ‘Access Housing’ which is one of the main affordable housing providers in some instances and will provide those companies with advice. The City’s planning scheme and policies try to ensure that housing is affordable and of high quality.

Mr Wan Ling Wang Ong of 137 Ladywell Street, Beckenham asked the following questions:

Q1 In regards to 6 The Crescent, Maddington, when will I receive an offer for acquisition of my property in Maddington?

Response: The Chief Executive Officer advised that he had been consulting with Councillors in relation to an offer to purchase the property and a letter was finalised this afternoon which will be sent tomorrow morning.

Q2 Can Council put fencing around the property?

Response: The Chief Executive Officer advised that the City doesn’t normally fence private properties, however the City recognises the difficult situation that Mr Ong is in with his property and will organise to discuss these issues with Mr Ong about what is and is not possible.


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Q3 Can Council erase my Council rate for this year?

Response: The Chief Executive Officer advised that whilst there is some limited ability for Council to waive rates, it is not a decision that can be raised during question time tonight.

Question Time for the Public concluded at 7.38pm.

6.2 PUBLIC STATEMENTS

Nil.

7. CONFIRMATION OF MINUTES

STAFF RECOMMENDATION AND COUNCIL RESOLUTION

211 Moved Cr J Brown Seconded Cr R Lawrence

That the Minutes of the Ordinary Council Meeting held on 26 May 2015, as published and distributed be confirmed as an accurate record.

CARRIED 9/0FOR: Cr W Barrett, Cr J Brown, Cr D Goode, Cr P Griffiths, Cr R Hoffman, Cr R Lawrence,

Cr O Searle, Cr P Yang 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.

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”.

Cr R Lawrence requested leave of absence from 4 July to 12 July 2015, which includes the 7 July 2015 Special Council Meeting, for personal reasons.

Cr P Yang requested leave of absence for 23 June 2015, which includes the 23 June 2015 Ordinary Council Meeting, for military training.


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COUNCIL RESOLUTION

212 Moved Cr R Hoffman Seconded Cr O Searle

That Council grant leave of absence to:

Cr R Lawrence from 4 July to 12 July 2015, inclusive; andCr P Yang for 23 June 2015.



AGAINST: 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].

COUNCIL RESOLUTION

213 Moved Cr P Yang Seconded Cr P Griffiths

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

Item 13.2.2 Development Application - Schedule 9A Amendment for an Animal Establishment (Cattery) - 19 (Lot 5) Victoria Road, Kenwick;

Item 13.3.4 Installation of Speed Cushions, Bickley Road, Kenwick - Public Consultation Results.



AGAINST: Nil.


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13.2.2 DEVELOPMENT APPLICATION - SCHEDULE 9A AMENDMENT FOR AN ANIMAL ESTABLISHMENT (CATTERY) - 19 (LOT 5) VICTORIA ROAD, KENWICK

Director: C TerelinckAuthor’s Declaration of Interest:

Nil.

Reference: 226154Application No: DA12/00427Applicant: S BaraioloOwner: S Baraiolo Location: 19 (Lot 5) Victoria Road, Kenwick Zoning: MRS: Industrial

TPS No. 6: Business Development Review Rights: Yes. State Administrative Tribunal against any discretionary

decision of Council.Area: 4,047m²Previous Ref: OCM 9 April 2013 (Resolution 112) Appendices: 13.2.2A Site Plan, Floor Plan and Elevation Plan

13.2.2B Schedule of Submissions (from original 2013 proposal)

PURPOSE OF REPORT

For Council to consider an application to modify a planning approval for an Animal Establishment (Cattery) at 19 (Lot 5) Victoria Road, Kenwick as the application was previously determined by Council.

BACKGROUND

Site History

On 9 April 2013, Council resolved (Resolution 112) to approve an application for an Animal Establishment on the subject site. The previous approval involved the following:

Construction of a 241.36m² structure for the purpose of operating an Animal Establishment, located to the rear of the dwelling.

The proposed development will have a wall height of 3m, a ridge height of 4.06m and be constructed of Colorbond.

The provision of four visitor parking bays and two employee parking bays.

Boarding facilities to cater for a maximum of 30 cats.

Proposed hours of operation (being open to the public) of 10am to noon and 4pm to 6:30pm, Monday to Saturday.

In granting approval, Council resolved to impose a condition, as follows:


Item 13.2.2 Continued

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"3. This approval is valid for ten years, after which time the land shall not be used for the purpose approved unless a new application for planning approval has been submitted and approved."

Based on the above, the approval was valid until 9 April 2023. It should be noted that since Council's determination of the application, it has adopted Local Planning Policy 5.6 - MKSEA Precinct 1, which requires any new approvals to expire on 31 December 2018.

Site Description and Planning Framework

The subject site accommodates a single house, four outbuildings and is surrounded by rural - residential properties.

The property is located within Precinct 1 of the Maddington Kenwick Strategic Employment Area (MKSEA). Land within MKSEA Precinct 1 was formally zoned General Rural under Town Planning Scheme No. 6 (TPS 6) and is now zoned Business Development. Properties on the opposite side of Victoria Road are zoned General Rural and contain single residential dwellings and associated outbuildings.

A map identifying the location of the subject site follows.

VICTORIA

RD

BICKLEYRD



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Proposal

The applicant has requested an amended application be considered which involves only a two year extension to the period of time in which the landowner is able to substantially commence construction on site.

The site, floor and elevation plans are contained as Appendix 13.2.2A.

Consultation

The original proposal was required to be advertised for public comment in accordance with Council Policy. In that instance, the applicant chose to personally undertake the consultation with landowners and occupiers within a 100m radius of the subject site.

In response, 12 submissions were received, one objecting to the proposal and 11 raising non-objection. A summary of these submissions and comments are contained in Appendix 13.2.2A.

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

5

71

237

4

70

6

276

VICTORIA

RD

BICKLEYRD

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PUBLIC CONSULTATION

LEGEND

REFERRAL AREA

NO OBJECTION

COMMENT

OBJECTIONS

16

235

9



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In terms of the current application, it is considered that as it involves only a time extension, re-advertising is not required.

DISCUSSION

Town Planning Scheme No. 6

The subject site is zoned Business Development under TPS 6. Table 1 of TPS 6 does not specify land use permissibility for the Business Development zone. Rather, it states that development and use of land is to be in accordance with an ODP. Clause 7.2.1 of TPS 6 states:

"Unless otherwise determined in accordance with Clause 7.2.5, the Council requires an Outline Development Plan for land zoned Development, Residential Development or Business Development before recommending subdivision or issuing planning approval for the development or the use of any land."

To date, an ODP has not been approved for Precinct 1. Clause 7.2.5 of TPS 6 provides Council with the opportunity to support subdivision or approve development in the absence of an ODP, where:

"… it is satisfied that such a proposal will not prejudice the orderly and proper future planning and development of the surrounding area."

The assessment of applications against Clause 7.2.5 is guided by Local Planning Policy 5.6 - MKSEA Precinct 1 (LPP 5.6).

Local Planning Policy 5.6 - MKSEA Precinct 1

On 22 October 2013, Council resolved (Resolution 416) to adopt Local Planning Policy 5.6 - MKSEA Precinct 1 (LPP 5.6) to guide Council's decision-making on appropriate land uses in the precinct during the interim period before an ODP is finalised. In this regard, Clause 3.4 of LPP 5.6 states:

"Council will not support applications for development of land unless, in Council's opinion, approval and implementation of the proposal will not prejudice the future planning and development of the subject land and the surrounding area…"

In considering an application, Council is to have regard to the following matters:

Policy Requirements Assessment/Comment3.4 (a) Whether the scale and extent of the

proposed development will impede the eventual achievement of a comprehensive and permeable road network between lots, incorporating consolidated access points to the existing road system and, if applicable, suitable public access to any conservation and/or recreation reservation.

Given the site is located in close proximity to the existing intersection of Bickley Road and Victoria Road, it is considered unlikely to accommodate any future roads.

3.4 (b) Whether the scale and extent of the proposed development will impede the provision of essential services to the site or surrounding area.

The proposed development will not impede the provision of essential services.



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Policy Requirements Assessment/Comment3.4 (c) Whether the scale and extent of the

proposed development will impede the eventual achievement of consolidated areas of Local Open Space, as recommended by any applicable Council-endorsed strategy.

The proposed development will not impede the eventual achievement of consolidated areas of Local Open Space.

3.4 (d) Whether the nature and extent of the proposed development will compromise the value or wellbeing of any environmental feature.

The subject site does not accommodate any environmental features.

3.4 (e) Whether there is a need for a City administered contribution arrangement to equalise the cost of providing new or upgraded infrastructure and POS needed to service development, and if so, what contribution requirements, including acceptable interim arrangements, should apply.

The ability for Developer Contributions to be sought to facilitate implementation of a future ODP will be preserved by virtue of any approval being time limited until December 2018. Should the applicant wish to renew the approval after this date, it is anticipated that the requisite ODP for MKSEA Precinct 1 would be in place. Should this be the case, any new approval could be conditioned requiring the payment of any requisite Developer Contributions.

3.4 (f) What impact, if any, the proposed development is likely to have on nearby residential and/or rural zoned properties. Such impacts include, but are not limited to, noise, dust, odour, vibration and traffic.

In approving the application previously, Council has already formed the view that the proposal would not have any significant detrimental affect on the amenity of the locality.

3.4 (g) Whether the proposed development will impede the orderly and efficient provision of planned water and wastewater services to the MKSEA.

The proposed development will not impede the provision of water and wastewater services to the MKSEA.

As detailed above, the proposal is considered to comply with the relevant criteria of the Policy.

Time Limit

Clause 3.5 of the Policy states that where Council approves an application for planning approval within the MKSEA, a condition will be imposed limiting the development term so as to expire on 31 December 2018. It will therefore be recommended that if Council approves the application, it deletes the current Condition 3 and replaces it with a condition as per Council's adopted Policy.

CONCLUSION

The proposal is supported as it complies with Local Planning Policy 5.6 and will not unduly impede the orderly and proper planning or a future ODP for the area.

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



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FINANCIAL IMPLICATIONS

Nil.

STATUTORY IMPLICATIONS


Local Planning Policy 5.6 - MKSEA Precinct 1.

VOTING REQUIREMENTS

Absolute Majority required.


214 Moved Cr R Lawrence Seconded Cr P Yang

That Council approves the application to modify the previous planning approval granted on 9 April 2013, for an Animal Establishment (Cattery) at 19 (Lot 5) Victoria Road, Kenwick, with Condition 3 to read as follows, with all other conditions remaining the same:

3. This application is valid until 31 December 2018, after which time the land shall not be used for this purpose and the land returned to its original (pre-approval) state, unless a new application for planning approval has been submitted and approved.

CARRIED BY ABSOLUTE MAJORITY 9/0FOR: Cr W Barrett, Cr J Brown, Cr D Goode, Cr P Griffiths, Cr R Hoffman, Cr R Lawrence,


AGAINST: Nil.


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13.3.4 INSTALLATION OF SPEED CUSHIONS, BICKLEY ROAD, KENWICK - PUBLIC CONSULTATION RESULTS

Author: P BalleyAuthor’s Declaration of Interest: Nil.

Previous Ref: Nil.Appendix: 13.3.4A Location Plan

PURPOSE OF REPORT

For Council to approve the installation of speed cushions on Bickley Road (between Belmont Road and Kenwick Road), Kenwick which have been approved for funding under the State Government's 2014/15 Anti-Hoon Speed Hump Program.

BACKGROUND

Over the last couple of years residents from Bickley Road, between Belmont Road and Kenwick Road, have made several complaints to the City about anti-social driver behaviour and requested the implementation of traffic calming treatment on the road. A police prosecution and a complaint file report were also received confirming residents’ concerns about anti-social driver behaviour. The complaints outline the need for engineered traffic management on the road to reduce speed and deter antisocial driver behaviour.

Anti-social driver behaviour concerns raised by residents were subsequently verified by traffic count survey data collected by the City. The data indicated that Bickley Road between Belmont Road and Kenwick Road carries approximately 1,685 vehicles per day, with the 85th Percentile speed at 72.4km/h or 22.4km/h above the 50km/h speed limit on the road. Whilst the traffic volume along the road is within the acceptable parameters for a Local Distributor Road, the travel speed of vehicles is much higher than desirable and underlines the need for traffic calming treatments on the road. As a consequence, the City applied for and was successful in obtaining grant funding under the 2014/15 Anti-Hoon Speed Hump Program for the installation of speed cushions in Bickley Road between Belmont Road and Kenwick Road.

The proposed locations of speed cushions (5 sets) are shown in Appendix 13.3.4A. The cushions are spaced at 100-160 metre intervals and have been positioned with consideration to residential crossovers, adjacent side roads and overhead street lighting, which is essential for illumination during night time hours.

DISCUSSION

The State Government's “Anti-Hoon Speed Hump Program” is an initiative that aims to assist local governments in addressing hoon and anti-social driver behaviour on local roads. The program provides funding to local governments to install speed cushions on suitable roads (or road sections), with the local government providing one-third of the total project cost and the State Government contributing the remaining two-thirds. Based on this funding criteria and a total project cost of $37,900, the City's contribution will be $12,633. The State Government component of $25,267 has been approved under the 2014/15 Anti-Hoon Speed Hump Program.



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One of the qualifying criteria under the 2014/15 Anti-Hoon Speed Hump Program is the need to demonstrate support from residents for the proposed treatments. The requirement of the grant funding is for the City to obtain consent from no less than two-thirds of the responding owners/residents of Bickley Road prior to the proposed treatments being implemented. As a consequence, the City sent out questionnaires containing information on proposed locations of speed cushions to all property owners and residents of Bickley Road (63 in total), inviting comments or alternative feedback on the proposal.

The results of the survey are as follows:

Responses to Residential Survey

Table 1: Bickley Road

1 Strongly Agree 16 (70%)2 Agree 4 (17%)3 Disagree 2 (9%)4 Strongly Disagree 1 (4%)

Total number of responses received from 63 surveys sent 23

The survey results, with a response rate of 36.5% address the funding criteria. The majority of the respondents (87%) agreed with the proposal. However, three respondents disagreed, with two of them arguing that speed cushions will be too noisy while the respondent who strongly disagreed argued that the money can be better spent on other things.

The results of the survey shows that the requirement of the grant funding that consent is obtained from no less than two-thirds of the responding owners/residents has been achieved, and that the installation of the proposed traffic calming treatment can be undertaken.


The City of Gosnells' contribution to the project is $12,663, being part of the total project cost of $37,900. The City’s contribution is available in the City's 2014/15 Minor Works – Road Improvements Budget and was approved by Council at its 28 April 2015 Ordinary Meeting (Council Resolution 143).


Section 3.53 of the Local Government Act 1995 - Control of Certain Unvested Facilities assigns responsibility for the control and management of local roads to local governments.

VOTING REQUIREMENTS

Simple Majority required.



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215 Moved Cr O Searle Seconded Cr D Goode

That Council approves the installation of anti-hoon speed cushions in Bickley Road, Kenwick in the locations detailed in Appendix 13.3.4A.



AGAINST: Nil.

12. REPORTS OF COMMITTEE MEETINGS

Nil.


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13. REPORTS

13.1 CHIEF EXECUTIVE OFFICE

13.1.1 10 YEAR COMMUNITY PLAN REVIEW 2015Author: M McInnesAuthor’s Declaration of Interest:

Nil.

Previous Ref: OCM 26/11/2013Appendix: 13.1.1A 10 Year Community Plan Progress Report

13.1.1B 10 Year Community Plan Consultation Survey

PURPOSE OF REPORT

For Council to note the progress update in respect of the 10 year Community Plan - Our Future: 10 Point / 10 Year Commitment; note the requirement under section 19C(4) to review the community plan; and agree to the proposed consultation which is required under section 19C(9) of the Local Government (Administration) Regulations 1996 when preparing modifications to a strategic community plan.

BACKGROUND

All local governments are required to produce a plan for the future under Section 5.56 of the Local Government Act 1995 (the Act). The associated Local Government (Administration) Regulations 1996 (the Regulations) establish specific requirements to produce a strategic community plan. Council adopted the City’s 10 Year Community Plan at its Ordinary Council Meeting held on 23 August 2011.

The City is required to conduct a desktop review of its 10 year Community Plan every two years and a formal review every four years. The four yearly review is required to include consultation with stakeholders and ratepayers.

DISCUSSION

10 Year Community Plan Progress Update

A desktop review has been conducted of the City's 10 Year Community Plan and a progress report is provided as Appendix 13.1.1A to this report. The desktop review has shown that the City is making good progress in achieving the goals set out in its 10 Year Community Plan. Some of the notable achievements are:

The Central Maddington Outline Development Plan (ODP) was recently completed and will facilitate the redevelopment of the area generally located within 800m of Maddington Railway Station. The City committed up to $10 million to support the redevelopment of this area.

The City organises and facilitates a number of events within the City each year including the Multicultural Food Fair, Australia Day Big Breakfast, Gozzy Rock, Naidoc Week and World on a Plate.

Leisure World underwent a $1.97 million refurbishment and extension in 2014.



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The City has sold underutilised land which has enabled development in a number of areas including a 51 lot subdivision at Streatham Street and the development of a high quality park and playground.

The new Mills Park community facility is being developed in line with the nationally recognised Green Star environmental rating system and is the first public building in Australia to achieve a 6 star design rating.

The City is working with business, industry and residents to promote energy efficient, water wise and waste reducing behaviour through Switch Your Thinking.

The City is progressing the development of City owned land for commercial activities in Southern River and has adopted an Outline Development Plan (ODP).

The Rivers Regional Council has awarded a tender which will see the City’s waste transformed into energy.

The City has completed a number of road enhancements including dualling of Nicholson Road from Ranford Road to Clontarf Terrace and the Warton Road duplication from Ranford Road to Roebuck Avenue.

The Safe City Initiative is working in partnership with Neighbourhood Watch and WA Police to deliver a range of community based crime prevention programs which are published in the Community Safety and Crime Prevention Plan 2014 – 2017.

10 Year Community Plan Consultation

In order to ensure that stakeholder and ratepayer views are taken into account in this formal review of the 10 Year Community Plan, it is proposed to invite the community and key stakeholders to review the achievements to date and complete the survey (provided as Appendix 13.1.1B), which will be posted on the City’s website and be available at all Customer Service stations across the City, including libraries and Leisure World. This opportunity will be advertised in local community newspapers with a closing date for responses to be six weeks from the date of advertising.

It is further proposed that all City staff have the opportunity to respond to the survey which will be available on the staff intranet for their comment.

10 Year Community Plan Modifications

The information received through the consultation process will be carefully considered to ensure that the 10 Year Community Plan is modified to reflect the current needs and aspirations of the community.

A report will be brought back to Council later in the year presenting a draft modified 10 Year Community Plan for approval.


Nil.



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Section 5.56 of the Local Government Act 1995

Regulation 19C (4) of the Local Government (Administration) Regulations 1996 requires Council to review its Strategic Community Plan at least once every four years.

Regulation 19C (9) of the Local Government (Administration) Regulations 1996 requires Council to consult with the community when preparing modifications of its Strategic Community Plan.

VOTING REQUIREMENTS


STAFF RECOMMENDATION (1 OF 2) AND COUNCIL RESOLUTION

216 Moved Cr J Brown Seconded Cr D Goode

That Council notes the 10 Year Community Plan Progress Report, attached as Appendix 13.1.1A.



AGAINST: Nil.


217 Moved Cr J Brown Seconded Cr D Goode

That Council approves the 10 Year Community Plan Consultation Survey attached as Appendix 13.1.1B for consultation as described in the report.



AGAINST: Nil.


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13.2 PLANNING AND SUSTAINABILITY

13.2.1 DEVELOPMENT APPLICATION - ADDITIONS TO TRUCK STOP (MOTOR VEHICLE WASH, MOTOR VEHICLE REPAIR, WAREHOUSE, LUNCH BAR, STORAGE BUILDING AND CONVENIENCE STORE EXTENSIONS) - 18 (LOT 566) ORCHARD ROAD, MADDINGTON


Nil.

Reference: 216609Application No: DA15/00104Applicant: Brian Wright Architect Pty LtdOwner: Trans Holding Australia Pty LtdLocation: 18 (Lot 566) Orchard Road, MaddingtonZoning: MRS: Urban

TPS No. 6: General IndustryReview Rights: Yes. State Administrative Tribunal against any discretionary

decision of Council.Area: 1.2086haPrevious Ref: Nil.Appendix: 13.2.1A Site, Floor and Elevation Plans

PURPOSE OF REPORT

For Council to consider an application for planning approval for Additions to a Truck Stop (Motor Vehicle Wash, Motor Vehicle Repair, Warehouse, Lunch Bar, Storage Building and Convenience Store extensions) at 18 (Lot 566) Orchard Road, Maddington as the proposal is outside the authority delegated to staff due to non-compliance with Town Planning Scheme No. 6 (TPS 6).

BACKGROUND


The site is located on the corner of Kelvin Road and Orchard Road and contains an existing truck stop, comprising a 'Caltex' convenience store and truck parking area, which was approved in 1990. The property is zoned General Industry under TPS 6 and is surrounded by industrial land uses.




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RD

EVAST

BICKLEYRD

KELVIN

RD

VALENCIA

WAY

ORCHARD

Proposal

The application involves the following:

The construction of a 54.5m² storeroom extension to the existing convenience store building, bringing the total net lettable area of the building to 300m².

The construction of a 6.3m x 8m canopy extension covering an additional fuel bowser accommodating an additional two vehicles at a time.

The relocation of the underground tank farm and aboveground LPG tank.

The removal of six truck parking bays, leaving seven bays for truck parking.

The construction of a 198m² Lunch Bar adjoining the existing convenience store building.

The construction of a 423m² Warehouse building, adjoining north-eastern side of the Lunch Bar. The use will operate independently from the convenience store and will store and display vehicle parts for sale by wholesale.

The construction of a 189m² workshop building on the eastern portion of the site, setback 15m from the boundary with Kelvin Road. The workshop will be used as a Motor Vehicle Repair and will accommodate three working bays and four employees. The use will operate independently to the convenience store.



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The construction of a 263m² Motor Vehicle Wash adjoining the north-eastern side of the workshop that will comprise of four wash bays and four open-air vacuum bays. The use will operate in conjunction with the convenience store.

The construction of a 254m² truck wash building and an ancillary plant room and office along the north-western boundary of the property. The use will operate in conjunction with the convenience store.

The construction of a 40m² metal storage building in the northern corner of the site to store garden/maintenance equipment used for the upkeep of the site.

The construction of a new 12m wide crossover to Orchard Road.

The construction of additional car parking bays, with a total of 64 car parking bays being provided on the site.


Consultation

The proposal was not required to be advertised for public consultation.

DISCUSSION


Land Use Permissibility

The subject site is zoned General Industry under TPS 6. In accordance with TPS 6, a Motor Vehicle Wash, Motor Vehicle Repair, Warehouse, Lunch Bar and Convenience Store are all "D" uses in the General Industry zone, meaning they are not permitted unless the local government has exercised its discretion by granting planning approval.

Car Parking

The following table details the TPS 6 parking requirement for the site and the proposal.

Use Class TPS 6 Car Parking Standards TPS 6 Car Parking RequirementsConvenience Store

1 space for every 15m² net lettable area, plus

1 space for every person employed on the site.

The convenience store with the store room extension will comprise 300m² net lettable area. Furthermore, there will be five employees associated with the convenience store, including one which will be required to run the truck wash.

This generates a requirement for 25 car parking bays.

Motor Vehicle Wash

No standard. Clause 5.13.1 of TPS 6 stipulates that where a development is not specified in the Scheme, Council shall determine car parking requirements having regard to the nature of development, the number of vehicles likely to be attracted to the development and the maintenance of desirable safety, convenience and amenity standards.

The usage patterns of this land use are such that customers will be utilising the four wash bays and four vacuum bays with their vehicle, and therefore it is considered that further separate parking would not be necessary.

Motor 4 spaces to each working bay, or The workshop includes three working bays,



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Use Class TPS 6 Car Parking Standards TPS 6 Car Parking RequirementsVehicle Repair

1 space for every 50m² gross floor area, whichever is the greater, plus,

1 space for every person employed on site.

226m² gross floor area and four employees.

This generates a requirement of 16 bays (based on the 'working bay' calculation).

Lunch Bar 1 space for every 15m² gross leasable area

Minimum 4 bays.

The lunch bar comprises 198m² gross leasable area thereby generating a 14 bay requirement.

Transport Depot

1 space for every 100sqm gross floor area, or

1 space for every employee, whichever is the greater

Minimum 4 spaces

The truck parking area will be reduced to approximately 650m² of floor area. There are no staff members on-site which are associated with the transport depot. The transport depot generates a seven bay requirement for the site.

Warehouse 1 space for every 100m² gross floor area, plus

1 space for every employee.

Minimum 4 spaces for every tenancy or unit.

The warehouse comprises 423m² gross leasable area and will accommodate four employees, thereby generating a nine bay requirement.

Total 71 bays required.

As indicated above, TPS 6 requires 71 bays on site. The application is proposing to provide 78 bays, including 14 fuel bowser bays, and therefore it complies with TPS 6 standards.

Development Controls

The proposed development complies with all aspects of TPS 6 with the exception of those detailed below.

Scheme Standard AssessmentTable No. 2BMinimum Landscaping -

3m abutting all streets, except for approved crossovers.

The site currently has car parking areas abutting approximately two-thirds of the frontage (excluding crossover to Kelvin Road). A 1.3m wide landscaping strip exists between the front of these bays and the property boundary.

The application is proposing to extend car parking bays to the remaining third of the frontage, including continuing the 1.3m wide landscaping strip. These new bays comprise five car parking bays and four vacuum bays.

The variation is considered acceptable based on the following reasons:

● The proposed vehicular accessway alignment with the 1.3m wide landscaping strip provides for 8m of manoeuvring space in front of the car wash bays, which would allow for vehicles to safely exit the car wash without having restricted sightlines.



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Scheme Standard Assessment● The 1.3m landscaping strip in addition to

approximately 2m of landscaping on the verge between the property boundary and the footpath would provide sufficient opportunities for landscaping.

● The application proposes additional areas of landscaping in the form of landscaping islands between car parking bays.

Table No. 2BMinimum Setback -

Primary Street - 15m

The application proposes to relocate the LPG tank to the western corner of the site, setback 6m from Orchard Road. This relocation is required to make way for new car parking and vehicular access ways.

In this case, the LPG tank will be located along the south-western property boundary, to the side of the existing building as viewed from the street, and therefore will not detract or obscure views of the main buildings. For these reasons the variation is considered acceptable.

5.9.1 The front setback area, including secondary street setback, shall not be used for any purpose other than one or more of the following:

(a) a means of access;

(b) the daily parking of vehicles used by employees and customers or clients;

(c) the loading and unloading of vehicles;

(d) trade display, subject to planning approval; and

(e) landscaping.

The application proposes to relocate the LPG tank within the Orchard Road primary street setback area. As mentioned previously, this structure is considered minor in nature and will not detract from the streetscape, and therefore this variation is considered acceptable.

5.9.3 Unless otherwise determined by Council, any building shall comply with the following requirements:

(a) each façade of the building shall be constructed of masonry concrete or glass or a combination of one or more of those materials or similar materials as approved by Council; and

(b) where the bottom 2 metres is masonry, Council may approve the use of metal, timber or other panelling above the masonry base.

The application proposes a 40m² metal storage building in the northern corner of the site. This building will be setback approximately 78m from the Kelvin Road boundary and 120m from the Orchard Road boundary of the property. Furthermore, it will be mostly screened from view by the motor vehicle wash as viewed from Kelvin Road and will be completely screened by the truck wash from Orchard Road. The siting of the building and inclusion of screening supports a variation to the TPS in this instance. This variation is considered acceptable.

As indicated in the above table, it is considered that the variations are acceptable.



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Access

The site currently has two crossovers to Kelvin Road and one to Orchard Road. The application is proposing an additional crossover to Orchard Road to provide access for trucks exiting the truck wash building. In relation to access to and within the site, it is considered that the following additional information/modifications are required:

1. Raised kerbing/island should be provided between Bay 15 and the existing crossover to Kelvin Road to prevent collisions/improve safety in this location.

2. A plan should be provided showing the turning movements of the largest vehicle accessing the site from the proposed crossover to Orchard Road to demonstrate safe access and egress.

Should the application be approved, it will be recommended that conditions be imposed requiring the above points to be addressed.

CONCLUSION

The proposal is supported for the following reasons:

The additional uses and extensions to the buildings are complementary to the existing convenience store and transport depot uses, with the site effectively operating as a 'truck stop'.

The setback and landscaping variations to TPS 6 are not considered to detrimentally impact the streetscape.

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


Nil.


Town Planning Scheme No. 6.

VOTING REQUIREMENTS




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218 Moved Cr J Brown Seconded Cr R Hoffman

That Council approves the application for Additions to a Truck Stop (Motor Vehicle Wash, Motor Vehicle Repair, Warehouse, Lunch Bar, Shed and Convenience Store extensions) at 18 (Lot 566) Orchard Road, Maddington dated 24 March 2015 subject to the following conditions:

Conditions to be satisfied prior to the lodgement of a Building Permit application:

1. The submission of an amended plan, generally in accordance with the submitted plans showing a raised kerb/island between bay 15 and the existing crossover to Kelvin Road to the satisfaction of the City.

2. A geotechnical report is to be submitted in accordance with Australian Standards, certifying that the land is physically capable of development and detailing site conditions with respect to soil, groundwater and stormwater disposal. The report is to stipulate whether the site is suitable for on-site infiltration or what works are required to be implemented to provide for this capability or a suggested alternate means of disposal.

3. The applicant shall submit a drainage design, prescribing a functional drainage system, including detailed engineering drawings, and necessary technical information to demonstrate functionality of the design. The design is to be endorsed prior to the lodgement of a Building Permit application and thereafter implemented to the satisfaction of the City of Gosnells.

4. A landscape plan for the development site and the adjoining road verge(s) is to be submitted in accordance with the City’s Landscaping Plan Information Sheet, and approved by the City's Parks and Environmental Operations branch, prior to the lodgement of a Building Permit application.

5. Any landscaping or earthmoving in the street verge is to be set at levels as directed by the City’s Infrastructure Directorate to ensure minimum disruption to future footpath levels. In this regard you are required to submit levels to the Infrastructure Directorate.

6. A plan shall be provided showing the turning movements of the largest vehicle accessing the site from the proposed crossover to Orchard Road demonstrating safe access and egress, to the satisfaction of the City, prior to the lodgement of a Building Permit application.

Conditions to be satisfied prior to the commencement of development:

7. All cut and fill is to be retained within the property boundaries by retaining walls designed by a structural engineer and constructed of masonry or a similar approved material.



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8. Existing structures nominated on the approved plan on the lot(s) are to be demolished to the satisfaction of the City.

Conditions to be satisfied prior to the commencement of use/occupancy of building(s):

9. The site is to be connected to the reticulated sewerage system.

10. The proposed car parking 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.

11. All crossovers are to be located and constructed to the City’s specifications.

12. 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.

Conditions to be satisfied for the life of the development:

13. No liquid waste other than uncontaminated stormwater is to enter any stormwater drain.

14. The carparking area and landscaping located in the front setback area is not to be used for the storage of motor vehicles, machinery, equipment or materials which are being wrecked or repaired, or for the stacking or storing of fuel (with the exception of the LPG tank), raw materials, products or by-products or wastes of manufacture, in accordance with Town Planning Scheme No. 6.



AGAINST: Nil.


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13.2.2 DEVELOPMENT APPLICATION - SCHEDULE 9A AMENDMENT FOR AN ANIMAL ESTABLISHMENT (CATTERY) - 19 (LOT 5) VICTORIA ROAD, 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 first report in these Minutes.


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13.2.3 DEVELOPMENT APPLICATION - GENERAL INDUSTRY (SERVICING OF MACHINERY) AND CARETAKER'S DWELLING - 41 (LOT 254) CLIFFORD STREET, MADDINGTON


Nil.

Reference: 227693Application No: DA15/00081Applicant: Juceda Investments Pty LtdOwner: Juceda Investments Pty LtdLocation: 41 (Lot 254) Clifford Street, MaddingtonZoning: MRS: Industrial

TPS No. 6: Business Development Review Rights: Yes. State Administrative Tribunal against any discretionary

decision of Council.Area: 4.04haPrevious Ref: Nil.Appendix: 13.2.3A Floor Plan and Site Plan

PURPOSE OF REPORT

For Council to consider an application for planning approval for a General Industry (Servicing of Machinery) and a Caretaker's Dwelling at 41 (Lot 254) Clifford Street, Maddington as the proposal is outside the authority delegated to staff due to the requirement for an approved Outline Development Plan (ODP) prior to any development.

BACKGROUND


The subject site contains a single dwelling and associated outbuilding and is located within Precinct 1 of the Maddington Kenwick Strategic Employment Area (MKSEA). Land within MKSEA Precinct 1 was formerly zoned General Rural under Town Planning Scheme No. 6 (TPS 6) and is now zoned Business Development. Surrounding lots are also zoned Business Development under TPS 6 and generally accommodate rural/residential land uses.




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CLIFFORDST

KENWICK RD

LOT 254SUBJECT SITE

Proposal

The application involves the following:

The use of the site for maintenance and servicing (including metal grinding) of plant equipment (such as bob-cats back-hoes and generators), all of which is to be conducted within the existing shed on-site

Access to the site is via the existing crossover to Clifford Street

It is anticipated that the use will generate 10 vehicle movements per day, four by trucks/prime movers (up to 17m in length) and six by passenger vehicles

The provision of five car parking bays

The use will involve three staff members

The hours of operation will be 7am to 6pm Monday to Friday and 7am to 1pm on Saturdays

The existing dwelling is to be utilised as a caretaker's dwelling.




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Consultation

The proposal was required to be advertised for public comment in accordance with Council Policy. The consultation was for a period of 20 days (which provided for an extension of time to account for Easter), being from 31 March 2015 to 20 April 2015. Letters were sent to the owners of 10 properties within the consultation area.

In response, three submissions were received; one raising no-objection and two which provided comment. A summary of these submissions and comments thereon is provided below.

1.Affected Property:Lot 107 Clifford StreetMaddington

Postal Address:Lot 107 Clifford StreetMADDINGTON WA

Summary of Submission CommentComment on proposal.

1.1 Operational hours proposed are in excess of a normal 38 hour week, and includes Saturday. Would accept 5 days a week, please allow some peace and quiet on weekends without noise and traffic.

See Hours of Operation section of the Report.

1.2 Suitability of Clifford St being used by long vehicles.

See Traffic and Access section of Report.

1.3 The number of vehicle movements compounded with other application proposals in the street.

See Traffic and Access section of Report.

2.Affected Property:64 Clifford StreetMaddington

Postal Address:PO Box 104 CANNINGTON WA 6987

Summary of Submission CommentComment on proposal.

2.1 No objections provided that due care and courtesy is given to the residents of Clifford Street.

Noted.

2.2 Noise to be kept to a minimum with no activity at night.

The application does not propose any night-time operation.

3.Affected Property:41 Clifford StreetMaddington

Postal Address:1/567 Hay StreetDAGLISH WA 6008

Summary of Submission CommentNo Objection to proposal. Noted.

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



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Public ConsultationLegend

Referral area

No objection

Comment

Objections

PUBLIC CONSULTATIONLEGEND

REFERRAL AREA

NO OBJECTION

COMMENT

OBJECTIONS

CLIFFORDST

Lot 107

TONKINHW

Y

TON

KIN

HW

Y

KENWICK RD

KELVINRD

64

Lot 253

LOT 254SUBJECT SITE

The main issues raised in the submissions are as follows:

Hours of operation

Traffic

Noise.

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

DISCUSSION


Land Use Permissibility

The subject site is zoned Business Development under TPS 6. Table 1 of TPS 6 states that an ODP is required to set out land use permissibility for the Precinct. As no ODP has been adopted, Council is to assess any proposals against the requirements of LPP 5.6, which deals with MKSEA Precinct 1.



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Car Parking

Use Class Car Parking Standards (Scheme Requirements)

Car Parking Required (Scheme Requirements) Car Bay Provided

Industry - General 1 space for every 100m² open space used for such purposes, plus

1 space for every 100m² gross floor area, plus

1 space for each employee

The proposal has a floor area of 298m². There are three employees associated with the proposal.

Therefore a minimum of 6 car parking spaces are required.

The application proposes 5 car parking bays.

There is a shortfall of one car parking bay as required under TPS 6.

Whilst TPS 6 provides scope to consider a variation to the parking requirements, given the size of the subject site, it is considered reasonable for all the required bays to be provided. If the application is approved, it will be recommended that a condition be imposed requiring the provision of six car parking bays, in accordance with TPS 6.

Local Planning Policy 5.6 - MKSEA Precinct 1

On 22 October 2013, Council resolved (Resolution 416) to adopt Local Planning Policy 5.6 - MKSEA Precinct 1 (LPP 5.6) to guide Council's decision-making on appropriate land uses in the precinct during the interim period before an ODP is finalised. In this regard, Clause 3.4 of LPP 5.6 states:

"Council will not support applications for development of land unless, in Council’s opinion, approval and implementation of the proposal will not prejudice the future planning and development of the subject land and the surrounding area…"

In considering an application, Council is to have regard to the following matters:

Policy Requirements Assessment/Comment3.4 (a) Whether the scale and extent of the

proposed development will impede the eventual achievement of a comprehensive and permeable road network between lots, incorporating consolidated access points to the existing road system and, if applicable, suitable public access to any conservation and/or recreation reservation.

The August 2014 Indicative Local Structure Plan for the MKSEA depicts a number of new road connections, however, none of those connections affect the subject site.

3.4 (b) Whether the scale and extent of the proposed development will impede the provision of essential services to the site or surrounding area.

The proposed development will not impede the provision of essential services.

3.4 (c) Whether the scale and extent of the proposed development will impede the eventual achievement of consolidated areas of Local Open Space, as recommended by any applicable Council-endorsed strategy.

The proposed development will not impede the eventual achievement of consolidated areas of Local Open Space.



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Policy Requirements Assessment/Comment3.4 (d) Whether the nature and extent of the

proposed development will compromise the value or wellbeing of any environmental feature.

The proposed development will not compromise the wellbeing of any environmental feature.

3.4 (e) Whether there is a need for a City administered contribution arrangement to equalise the cost of providing new or upgraded infrastructure and POS needed to service development, and if so, what contribution requirements, including acceptable interim arrangements, should apply.

The ability for Developer Contributions to be sought to facilitate implementation of a future ODP will be preserved by virtue of any approval being time limited until December 2018. Should the applicant wish to renew the approval after this date, it is anticipated that the requisite ODP for MKSEA Precinct 1 would be in place. Should this be the case, any new approval could be conditioned requiring the payment of any requisite Developer Contributions.

3.4 (f) What impact, if any, the proposed development is likely to have on nearby residential and/or rural zoned properties. Such impacts include, but are not limited to, noise, dust, odour, vibration and traffic.

In relation to potential external noise, dust and odour impacts, it is noted that the activity will take place within an existing outbuilding and will therefore be unlikely to cause any significant amenity issues in the local area.

The traffic issue is discussed in the following section of the report.

3.4 (g) Whether the proposed development will impede the orderly and efficient provision of planned water and wastewater services to the MKSEA.

The proposed development will not impede the provision of water and wastewater services to the MKSEA.

As detailed above, the proposal is considered to comply with the relevant criteria of the Policy.

Traffic and Access

Clifford Street currently accommodates a narrow, rural-style road pavement. Both the existing pavement and the existing Clifford Street/Kelvin Road intersection are considered unsuitable for accommodating large commercial vehicles. As such, if the application is approved, it will be recommended that Council impose conditions requiring the existing pavement and intersection to be upgraded so as to accommodate large commercial vehicles of the type referred to in the application.

Hours of Operation

One of the submissions received specifically objects to the use of the site on Saturdays, suggesting it would impinge on the existing residential amenity of the local area with noise being the main issue. Given that an ODP for the precinct (which is expected to address the issue of any direct industrial/residential interface) has not yet been progressed, it may not be appropriate to support the use of the subject site for industrial purposes on the weekend.

In considering the matter, it should be noted that Council has allowed Saturday operation within Precinct 1, however, only where it either involved static storage or where the application was supported by an acoustic report. Given that the current application involves General Industry (as opposed to Storage) and it was not supported by an acoustic report, it is considered inappropriate to allow the activity to occur on Saturdays.



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CONCLUSION

The proposal is supported for the following reasons:

Subject to the imposition of appropriate conditions, the proposal would not unduly impede the orderly and proper planning or a future ODP for the area

The proposal is considered to be temporary in nature and would not pose an issue if the improvements to the land were required to be removed at the end of the approval period.

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


Nil.



Local Planning Policy 5.6 - MKSEA Precinct 1.

VOTING REQUIREMENTS

Absolute Majority required.



That Council approves the application for a General Industry (Servicing of Machinery) and Caretaker's Dwelling at 41 (Lot 254) Clifford Street, Maddington, dated 27 February 2015, subject to the following conditions:

Conditions to be satisfied prior to the commencement of use/occupancy of building(s):

1. The submission of an amended site plan, generally in accordance with the submitted plans modified to depict six car parking bays, to the satisfaction of the City.

2. A landscape plan for the development site and the adjoining road verge is to be submitted in accordance with the City’s Local Planning Policy LPP 4.5 - Development - Landscaping, and approved by the City.



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3. 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.

4. The proposed 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.

5. Satisfactory arrangements being made with the City for the upgrading and widening of Clifford Street.

6. Satisfactory arrangements being made with the City for the upgrading of the Clifford Street/Kelvin Road intersection to enable long vehicles to safely turn out of and onto Kelvin Road.

7. Satisfactory arrangements being made with the City for the disposal of industrial wastewater.

Conditions to be satisfied for the life of the development:

8. The carparking area and landscaping located in the front setback area is not to be used for the storage of motor vehicles, machinery, equipment or materials which are being wrecked or repaired, or for the stacking or storing of fuel, raw materials, products or by-products or wastes of manufacture, in accordance with Town Planning Scheme No. 6.

9. The hours of operation are limited to 7am to 6pm Monday to Friday.

10. Development may only be carried out in accordance with the conditions of the application as approved herein, any annotations shown in red (if applicable) and any approved plans.

11. This approval is valid until 31 December 2018, after which time the land shall not be used for this purpose and the land returned to its original state, unless a new application for planning approval has been submitted and approved.



AGAINST: Nil.


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13.2.4 REVIEW OF TOWN PLANNING SCHEME NO. 20Director: C TerelinckAuthor’s Declaration of Interest:

Nil.

Reference: Nil.Application No: PF13/00074Previous Ref: OCM 24 February 2015 (Resolution 63)Appendix: 13.2.4A Intended Project List

PURPOSE OF REPORT

For Council to consider the merits of discontinuing Town Planning Scheme No. 20 (TPS 20).

BACKGROUND

On 24 February 2015, Council resolved (Resolution 63) to seek public comment, for a period of 42 days, on its intent to have Town Planning Scheme No. 20 repealed, pursuant to Section 74(b) of the Planning and Development Act 2005.


TPS 20 is a Guided Development Scheme, which was gazetted on 11 November 1990 and which guides subdivision and development within a 110 hectare portion of the suburb of Gosnells. The precinct is uniformly zoned Residential R30/40 under Town Planning Scheme No. 6. A map of the scheme area follows.



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Unlike other Guided Development Schemes, TPS 20 does not provide for any new roads or areas of Public Open Space and effectively only serves to:

Set out parameters for when land may be developed at the higher density code. In this regard, TPS 20 only permits development at the higher density (Residential R40) where the lot size is greater than 1,250m2 and at least two dwellings face the public street.

Provide a framework for the collection of developer contributions to fund the provision of infrastructure within the precinct. In this regard, the City currently collects $6,123 per new dwelling and holds approximately $1.9m in unspent contributions.

Consultation

In accordance with Council's Resolution of 24 February 2015, the intention to have Town Planning Scheme No. 20 repealed was advertised for public comment for a period of 45 days, being from 31 March 2015 to 15 May 2015, by way of:

Letters being sent to 403 landowners within the Scheme area

An advertisement placed in the Gosnells Comment News

Advertising on the City's website

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

In response, the City received 67 submissions; with 64 raising no objection and three which raised an objection. It should be noted that two of the three objections raised concerns about medium density development rather than with the Guided Development Scheme itself. The other objection suggested that the Scheme should be retained, with Council formulating a comprehensive list of improvements that could be funded by ongoing Scheme contributions.

Given that the proposal relates to a planning precinct rather than a specific site, a map indicating the geographic origin of the submissions is not provided.

DISCUSSION

Provision of Infrastructure

Whilst TPS 20 provides a statutory framework for the collection of developer contributions to fund the provision of infrastructure within the precinct, it is unclear from the Scheme Text precisely what infrastructure was intended to be provided, which is, in part, the reason that the City currently holds approximately $1.9 million of unspent contributions. A detailed technical review suggests that, generally, the precinct is satisfactorily provided with appropriate urban infrastructure, and any minor improvements could be undertaken using part of the previously collected funds, without the needs to collect additional revenue. It is considered that the discontinuance of TPS 20 (and the associated cost sharing arrangement) would not compromise the provision of normal urban infrastructure. The one objection received suggested that the Scheme should be retained, with Council formulating a comprehensive list of improvements that could be funded by ongoing Scheme contributions. Whilst this is an option available to Council, it is not considered reasonable to continue the operation of the Scheme simply to fund what are ultimately unnecessary infrastructure projects.



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Impact on Development

TPS 20 provides a framework for the collection of developer contributions to fund the provision of infrastructure within the precinct, with those contributions made on a "per dwelling" basis, rather than the more common "per hectare" basis. Unlike other contribution arrangement areas, TPS 20 could be viewed as being an impediment without any tangible objectives. This is particularly important to consider in light of the Council's long-held desire to improve the Gosnells Town Centre. It is considered that the discontinuance of TPS 20 (and the associated cost sharing arrangement) would have an immediate positive impact on the viability of development within that area, which will have subsequent benefits in the precinct as well as the broader Gosnells area.

Development Controls

TPS 20 contains parameters dictating when land may be developed at the higher density. The discontinuance of TPS 20 would remove those parameters, resulting in the assessment of any application for subdivision or development defaulting to the parameters contained within Clauses 5.3.1 and 5.3.2 of TPS 6 and Local Planning Policy 3.2 - Coordination of Infill Development. Such a situation is considered acceptable from a land use planning perspective.

Use of Previously Collected Funds

As previously detailed, the City currently holds approximately $1.9m of unspent contributions. As such, it is necessary for Council to determine how those funds are spent. In this regard, an intended project list has been developed, which identifies projects and associated costing detail within the TPS 20 area. The list is contained as Appendix 13.2.4A. In the event that funds remain unspent after the projects are completed, Council will be required to again determine how the funds should be spent.

It will be recommended that Council endorse the expenditure of the previously collected TPS 20 monies in accordance with the Project List contained as Appendix 13.2.4A.

Statutory Process

Section 74(b) of the Planning and Development Act 2005 states that an ordinary town planning scheme may be repealed by "an instrument of repeal" prepared by the local government, approved by the Minister and published in the Gazette. The Department of Planning previously advised that, whilst there is no formal process in relation to repealing a guided development scheme, it considers that the intention to repeal to the scheme should be advertised for 42 days before being further considered by Council. The recommended advertising process has now been concluded.

CONCLUSION

It will be recommended that Council request that the Minister for Planning formally repeal Town Planning Scheme No. 20.



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Any costs associated with the repealing of the scheme can be met from the Planning Implementation operational budget.


Planning and Development Act 2005

Town Planning Scheme No. 20.

VOTING REQUIREMENTS




That Council requests that the Minister for Planning formally repeal Town Planning Scheme No. 20, pursuant to Section 74(b) of the Planning and Development Act 2005.



AGAINST: Nil.



That Council endorses the expenditure of the previously collected TPS 20 in accordance with the Project List contained as Appendix 13.2.4A.



AGAINST: Nil.



That Council continues to collect Town Planning Scheme No. 20 contributions until such time as the Scheme is formally repealed by the Minister for Planning.



AGAINST: Nil.


41

13.2.5 AMENDMENT NO. 160 - REZONING OF LOT 9000 RAILWAY PARADE, BECKENHAM FROM RESIDENTIAL AND CIVIC AND CULTURAL TO THE RESIDENTIAL ZONE


Nil.

Reference: 235749Application No: PF15/00005Applicant: City of GosnellsOwner: City of GosnellsLocation: 424 (Lot 9000) Railway Parade, BeckenhamZoning: MRS: Urban

TPS No. 6: Residential, Civic and CulturalReview Rights: Nil.Area: 13,989m2

Previous Ref: OCM 13 August 2013 (Resolution 332)Appendices: 13.2.5A Draft Amendment No. 160 Document

13.2.5B Streatham Street Stage Two Subdivision Plan

PURPOSE OF REPORT

For Council to consider the initiation of an amendment to Town Planning Scheme No. 6 (TPS 6), to rezone Lot 9000 Railway Parade, Beckenham from Residential and Civic and Cultural to the Residential Zone.

BACKGROUND

On 13 August 2013, Council adopted the Mills Park Master Plan and resolved to approve of the plan's proposal for a new community centre that would replace the nearby existing Beckenham Community Centre (BCC) at Lot 9000 Railway Parade, Beckenham.

The OCM resolution further included the provision to subdivide the remaining BCC land for residential purposes in order to generate a potential funding source for the new community centre at Mills Park.

Existing users of the BCC were previously advised of the plan to replace the centre through the advertising of the Mills Park Master Plan, and were involved in the design of the new facility through surveys, subsequent meetings and concept design presentations.

The rezoning of Lot 9000 Railway Parade, Beckenham will result in 7,350m2 of added developable area and will enable the second and final development stage of the Streatham Street Subdivision to commence.



42

DISCUSSION

Proposal

The process involves rezoning Lot 9000 Railway Parade, Beckenham from Residential R20/R25 and Civic & Cultural to Residential R30 for the purposes of residential development.

The subject site is shown on the Location Plan below.

STREATHAMST

LOT 9000SUBJECT

SITE

424

CARMICHAELST

CARMICHAEL

ST

RAILWAY

PDE

Site Description

The subject lot is situated between Streatham Street, Carmichael Street, and Railway Parade, Beckenham. The Lot abuts residential development to the west and a newly developed Public Open Space (POS) reserve and residential subdivision to the east.

The northern portion of the lot currently consists of the BCC building and associated parking area, whilst the southern portion of the lot was recently rezoned and subdivided along with surrounding lots (the former Sydenham Street Reserve) as part of Stage One of the Streatham Street Subdivision Plan. The newly established Ireland Crescent bisects the lot, separating the existing BCC from the southern residential portion.



43

Proposal Rationale

The subject lot is currently zoned both Residential R20/R25 and Civic and Cultural, the latter pertaining to the area of the current BCC site. The existing R20/R25 portion of the lot, together with the surrounding lots has recently undergone subdivision and development as a part of the Streatham Street Stage One Subdivision plan. The proposal to rezone all of Lot 9000 to R30 will rationalise the density over the whole property.

A number of options have been considered for the future development of the land, including one presented as Appendix 13.2.5B.

The Streatham Street Stage Two Subdivision Plan proposes 18 residential lots, nine of which are rear loaded to face onto the recently constructed POS. This approach will frame the parkland and provide the necessary passive surveillance to ensure the park is a safe environment free from anti-social behaviour.

Three front loaded lots present to Ireland Crescent and three lots to Streatham Street, complementing the existing streetscape character of the area. A proposed laneway connecting Ireland Crescent to Streatham Street provides access to the nine rear loaded lots and the three remaining front loaded lots.

Due to the need to service the nine rear loaded lots, the laneway has a proposed width of 8m (instead of 6m) at its ends, yet increases in width to 12m to ensure a greater level of visual amenity for the three front loaded lots that it services. It should be noted this result was partly informed by the need to provide appropriate offset distances from all vehicular access points to Stage 2 from the existing Carmichael and Saturn Street intersections. Notwithstanding, it is anticipated the generous dimensions afforded to the laneway will facilitate the installation of street trees and create an attractive public thoroughfare.

There are other options which may be available and these will be considered in more details as the rezoning proposal progresses.

Infrastructure

The required servicing infrastructure is understood to be available to enable the future development of the subject land to take place. Consultation with servicing agencies will occur through the amendment advertising process, where it is anticipated that any issues that may exist can be identified and addressed.

CONCLUSION

It is recommended that Council adopts Amendment No. 160 to TPS 6 and in doing so commences a process involving consultation and assessment prior to further consideration of the proposal.


All costs associated with processing the Scheme Amendment (including the documentation and consultation) will be met from adopted operational budgets.



44


Planning and Development Act 2005


Town Planning Regulations 1967.

VOTING REQUIREMENTS




That Council, pursuant to Section 75 of the Planning and Development Act 2005, adopts Amendment No. 160 for the purpose of advertising for public comment, which proposed to amend Town Planning Scheme No. 6 by:

1. Rezoning Lot 9000 Railway Parade, Beckenham from Residential R20/R25 and Civic & Cultural to Residential R30.

2. Amending the Scheme Map accordingly.CARRIED 8/1

FOR: Cr W Barrett, Cr J Brown, Cr D Goode, Cr P Griffiths, Cr R Hoffman, Cr R Lawrence, Cr P Yang and Cr D Griffiths.

AGAINST: Cr O Searle.


45

13.3 INFRASTRUCTURE

13.3.1 TENDER 03/2015 - PLUMBING AND GAS SERVICESAuthor: R EdomAuthor’s Declaration of Interest: Nil.

Previous Ref: Nil.Appendix: Nil.

PURPOSE OF REPORT

To advise Council of submissions received in relation to Tender 03/2015 Plumbing and Gas Services and recommend the most advantageous tender for the purpose of awarding a contract.

BACKGROUND

Tenders were advertised in The West Australian newspaper on Wednesday 15 April 2015 and closed at 2pm on 30 April 2015 to select a contractor to provide Plumbing and Gas Services for a period of five years commencing 10 June 2015.

Submissions were received from the following companies:

Company Name AddressBoeing Plumbing Pty Ltd 19 McDonald Street, Osborne Park WA 6107Charter Plumbing and Gas 45 Wittenberg Drive, Canning Vale WA 6155CPD Group Pty Ltd 113 Kew Street, Welshpool WA 6106H A Young Plumbing Contractors 3/19 Keates Road, Armadale WA 6112Rowsons Plumbing Services Unit 1/36 Fleming Avenue, Cannington WA 6107Ryco Plumbing Gas Pty Ltd 46 Elkhorn Street, East Cannington WA 6107UN Plumbing 13 Sandra Place, Welshpool WA 6106

The tender submissions received from Boeing Plumbing Pty Ltd, CPD Group Pty Ltd, Ryco Plumbing Gas and UN Plumbing did not meet all the compliance criteria required of this tender. Therefore, these tender submissions were excluded from further assessment due to the potential risk to the City.

The work is currently undertaken by Charter Plumbing and Gas at an annual cost of approximately $150,000.

DISCUSSION

The remaining conforming tender submissions have been assessed by the Evaluation Panel against the evaluation criteria defined within the tender specification: Relevant Experience, Key Personnel, Skills and Resources, Demonstrated Understanding and the major criteria - Price.

The following table details the Panel's assessment of each conforming tender submission against the qualitative evaluation criteria.



46

Tenderer Relevant Experience

Key Personnel, Skills and Resources

Demonstrated Understanding

Total Qualitative

ScoreWeighting 20% 20% 10% 50%

Charter Plumbing and Gas 20 20 10 50

H A Young Plumbing Contractors 12 12 6 30

Rowsons Plumbing Services 12 12 6 30

The prices submitted are as follows:

Item Description Tender Unit Charter Plumbing

$

H A Young Plumbing

Contractors$

Rowsons Plumbing Services

$Licensed plumber - standard rate Per hour 80 75 98

Apprentice plumber - standard rate Per hour 55 55 50

After Hours: Evenings / Saturday Per hour 140

Min 3 Hours 90

450Minimum 3

Hour Call Out Charge

After Hours Sunday / Public Holidays Per hour 140

Min 3 Hours 90

450Minimum 3

Hour Call Out Charge

Mark up on materials % 10% 10% 15%

The following table details the assessment of each tender against the price submitted.

Tenderer Price AmountWeighting 50% $Charter Plumbing and Gas 46.88 80H A Young Plumbing Contractors 50.00 75Rowsons Plumbing Services 38.27 98

The following table details the combined assessment of each tender against both qualitative criteria and price and ranks each tender.

Qualitative Criteria Price TotalTenderer

50% 50% 100%Overall Ranking

Charter Plumbing and Gas 50 46.88 96.88 1

H A Young Plumbing Contractors 30 50.00 80.00 2

Rowsons Plumbing Services 30 38.27 68.27 3



47

Charter Plumbing and Gas is minimally higher on standard price than H A Young Plumbing Contractors but is a company that has a large amount of personnel and vehicles available to address multiple work requests. Charter Plumbing and Gas is located locally and over a number of years has developed a good working knowledge of City assets and work requirements.

Over 90% of work under this contract is undertaken during normal working hours and charged at the standard rate. It is anticipated that there will minimal after hours call outs.

Referees were contacted for the preferred tenderer and all referees have provided a satisfactory reference.

Following the assessment of tenders against the criteria detailed in the tender specification, the tender submitted by Charter Plumbing and Gas was assessed as being the most advantageous for the City.


The services associated with this contract are included in the 2015/16 Maintenance budget and will be included in the relevant budgets for the life of the contract. The amount budgeted for 2015/16 Maintenance budget is $158,600.


Section 3.57 (1) of the Local Government Act 1995 requires a local government to invite tenders before it enters a contract of a prescribed kind under which another person is to supply the goods or services.

VOTING REQUIREMENTS




48


224 Moved Cr P Yang Seconded Cr J Brown

That Council awards Tender 03/2015 - Plumbing and Gas Services, to Charter Plumbing and Gas, of 45 Wittenberg Drive, Canning Vale WA 6155 for a five-year period commencing 10 June 2015, as per the pricing schedule below, subject to yearly rise and fall provisions.

Item Description Tender UnitPrice Tendered

$ (ex GST)

Licensed plumber - standard rate per hour 80.00

Apprentice plumber - standard rate per hour 55.00

After Hours: Evenings / Saturday per hour 140.00 Min 3 hours

After Hours Sunday / Public Holidays per hour 140.00 Min 3 hours

Materials to be supplied at cost plus mark up for profit. State percentage. % 10%



AGAINST: Nil.


49

13.3.2 TENDER 10/2015 - PEST MANAGEMENT SERVICESAuthor: R EdomAuthor’s Declaration of Interest: Nil.


PURPOSE OF REPORT

To advise Council of submissions received in relation to Tender 10/2015 - Pest Management Services and recommend the most advantageous tender for the purpose of awarding a contract.

BACKGROUND

Tenders were advertised in The West Australian newspaper on Wednesday 22 April 2015 and closed at 2pm on 7 May 2015 to select a contractor to provide pest management services for a period of three years commencing 1 July 2015.


Company Name AddressAllpest WA 84 Welshpool Road, Welshpool WA 6106Complete Pest Management Unit 8 24 Vale Street, Malaga WA 6090Tiger Pest And Weed Control 70 Hanworth Street, Balcatta WA 6021

The work is currently undertaken by Complete Pest Management at an annual cost of approximately $20,000.

DISCUSSION

Tender submissions have been assessed by the Evaluation Panel against the evaluation criteria defined within the tender specification: Relevant Experience, Key Personnel, Skills and Resources, Demonstrated Understanding and the major criteria - price.

The following table details the Panel's assessment of each tender against the qualitative evaluation criteria.




Total Qualitative


Allpest WA 12 9 6 27Complete Pest Management 12 12 8 32

Tiger Pest And Weed Control 9 6 4 19



50

The tender submission received from Tiger Pest and Weed Control did not demonstrate sufficient understanding of this contract. Therefore, this tender submission was excluded from further assessment due to the potential risk to the City.

The prices submitted by the remaining tenderers are documented as follows:

Allpest WA Complete Pest Management

Description Unit Rate Amount$

Amount$

Standard labour Each Per Hour 120.00 71.50

Call out fee Each Per Hour 0.00 0.00

After hours / emergency Each Per Hour 160.00 Min 2 hours 105.00

Mark up on materials Each Percentage 10% 10%

The following table details the assessment of each tender against the price submitted.

Tenderer Price $Weighting 60%Allpest WA 35.75 120.00Complete Pest Management 60.00 71.50

The following table details the combined assessment of each tender against both qualitative criteria and price and ranks each tender.


40% 60% 100%Overall Ranking

Allpest WA 27.00 35.75 62.75 2Complete Pest Management 32.00 60.00 92.00 1

The submissions received from Allpest WA and Complete Pest Management were professional, satisfied the City's Occupational Health and Safety requirements, addressed the qualitative criteria and demonstrated the ability to provide the City with the required services.


Following the assessment of the tenders against the criteria detailed in the tender specification, the tender submitted by Complete Pest Management was assessed as being the most advantageous for the City.



51


The services associated with this contract are included in the 2015/16 budget and will be included in relevant budgets for the life of the contract. The amount budgeted for 2015/16 is $21,000.



VOTING REQUIREMENTS




That Council awards Tender 0/2015 - Pest Management Services to Complete Pest Management of Unit 8 24 Vale Street, Malaga WA 6090 for a three-year period commencing 1 July 2015, as per the pricing schedule below, subject to yearly rise and fall provisions.

Description Unit RateAmount

$

Standard labour Each Per Hour 71.50

Call out fee Each Per Hour 0.00

After hours/ emergency Each Per Hour 105.00

Materials percentage add on rate Each Percentage 10%



AGAINST: Nil.


52

13.3.3 TENDER 11/2015 - AIR CONDITIONING MAINTENANCE - CIVIC CENTREAuthor: R EdomAuthor’s Declaration of Interest: Nil.


PURPOSE OF REPORT

To advise Council of submissions received in relation to Tender 11/2015 - Air Conditioning Maintenance - Civic Centre and recommend the most advantageous tender for the purpose of awarding a contract.

BACKGROUND

Tenders were advertised in The West Australian newspaper on Wednesday 22 April 2015 and closed at 2pm on 7 May 2015 to select a contractor to provide air conditioning maintenance at the Civic Centre for a period of five years commencing 1 August 2015.


Company Name AddressAirmaster Unit 1, 38 Industry Street, Malaga WA 6090Airmech Airconditioning Pty Ltd Unit 4, 219 Railway Avenue, Kelmscott WA 6111Australian HVAC Services Pty Ltd

Unit 7, 91 Leach Highway, Kewdale WA 6105

Burke Air Unit 1, 21 Frederick Street, Belmont WA 6104Centigrade Mechanical Contracting Pty Ltd 7 Macadam Place, Balcatta WA 6021

Fredon Air Pty Limited Unit 7, 184 Raleigh Street, Carlisle WA 6101KD Aire Mechanical and Electrical Pty Ltd Unit 1,12 Paramount Drive, Wangara WA 6065

National Refrigeration Solutions Pty Ltd 14 Orwell Crescent, Woodvale WA 6026

Quirks Australia Pty Ltd 198 Power Street, Glendenning NSW 2761RCR Infrastructure Haden Level 1, 251 St Georges Terrace, Perth, WA 6000Trilogy Building Services 50 Edward Street, Osborne Park WA 6017Whitchurch Refrigeration Airconditioning 32A McCoy Street, Myaree WA 6154

The tender submissions received from:

Airmaster

Fredon Air Pty Limited

KD Aire Mechanical and Electrical Pty Ltd

National Refrigeration Solutions Pty Ltd

Quirks Australia Pty Ltd

Trilogy Building Services



53

Whitchurch Refrigeration Airconditioning,did not meet the minimum compliance requirements of this tender. Therefore, these tender submissions were excluded from further assessment due to the potential risk to the City.

The work is currently undertaken by Centigrade Mechanical Contracting Pty Ltd at an annual cost of $44,500 ($3,708.33 per month) for the scheduled servicing in accordance with the specifications of the current agreement. The total expenditure year to date for both scheduled servicing and breakdown repairs is $135,600. Over 90% of all work undertaken is during normal working hours at the technicians' normal hourly rates as shown below.

DISCUSSION

The conforming tender submissions have been assessed by the Evaluation Panel against the evaluation criteria defined within the tender specification: Relevant Experience, Key Personnel, Skills and Resources, Demonstrated Understanding and the major criteria - price.

The following table details the Panel's assessment of each conforming tender against the qualitative evaluation criteria




Total Qualitative


Airmech Airconditioning Pty Ltd 9 9 4 22

Australian HVAC Services Pty Ltd 12 12 8 32

Burke Air 9 9 2 20

Centigrade Mechanical Contracting Pty Ltd 15 12 10 37

RCR Infrastructure Haden 9 9 8 26

The tenders received from Airmech Airconditioning Pty Ltd and Burke Air did not achieve a score of at least 50% on each of the qualitative assessment criterion. Therefore, these tender submissions were excluded from further assessment due to the potential risk to the City.

The prices submitted for the scheduled servicing portion of the contract are documented in the following table:



54

TendererPrice Per

Month$

Australian HVAC Services Pty Ltd 2,840.00

Centigrade Mechanical Contracting Pty Ltd 2,990.00

RCR Infrastructure Haden 2,505.16

The total costs of providing the scheduled service for the period of the contract for each tender are as follows:

5 YearsTenderer $Australian HVAC Services Pty Ltd 170,400.00Centigrade Mechanical Contracting Pty Ltd 179,400.00RCR Infrastructure Haden 150,309.60

The prices submitted for breakdown repairs are as follows:

Schedule of Rates for after-market service

Australian HVAC Services

Pty Ltd

$

Centigrade Mechanical Contracting

Pty Ltd$

RCRInfrastructure

Haden

$

Technician Hourly Rate - Normal 100.00 95.00 105.00

Technician Hourly Rate - Over Time 140.00 140.00 135.00

After Hours Call Out Fee 420.00 375.00Inc. of 3 hours

77.00Min 3 Hours

Apprentice Hourly Rate - Normal 50.00 35.00 80.00

Apprentice Hourly Rate - Over Time 70.00 50.00 105.00

Chiller Technician Hourly Rate - Normal 130.00 140.00 145.00

Chiller Tech Hourly Rate - Over Time 180.00 200.00 200.00

Controls Hourly Rate - Normal 170.00 185.00 187.00

Controls Hourly Rate - Over time 210.00 245.00 231.00

Service Charge N/A N/A N/A

Normal Hours = 8.00am to 4.30pm Monday to Friday

Overtime Hours = 4.30pm to 8.00am Monday to Friday & all hours on weekends



55

The following table details the combined assessment of each tender against both qualitative criteria and price for the scheduled servicing and ranks each tender.


% % %Overall Ranking

Australian HVAC Services Pty Ltd 32 52.93 84.93 3

Centigrade Mechanical Contracting Pty Ltd 37 50.27 87.27 1

RCR Infrastructure Haden 26 60.00 86.00 2

The assessment on price detailed in the table above is based on scheduled service charges only as it is difficult to predict how often breakdowns may occur and therefore how much the City will spend on call-out fees. However, approximately 90% of call-outs require a technician during normal hours and Centigrade Mechanical Contracting Pty Ltd provided the most competitive rate for this work.

The submissions received from Australian HVAC Services Pty Ltd, Centigrade Mechanical Contracting Pty Ltd and RCR Infrastructure Haden were professional, satisfied the City's Occupational Health and Safety requirements, addressed the qualitative criteria and demonstrated the ability to provide the City with the required services.


Following the assessment of tenders against the criteria detailed in the tender specification, the tender submitted by Centigrade Mechanical Contracting Pty Ltd was assessed as being the most advantageous for the City. Centigrade Mechanical Contracting Pty Ltd installed the air-conditioning system to the Civic Centre and has been servicing the system since installation. The company is very familiar with the intricate workings of the energy efficient installation and its ability to locate and rectify faults promptly is essential to the effective operation of the Civic Centre.


The services associated with this contract are included in the 2015/16 budget and will be included in relevant budgets for the life of the contract. The amount budgeted for 2015/16 is $160,000, to allow for any unforseen mechanical failure to equipment as well as the scheduled servicing costs shown in the submission.



VOTING REQUIREMENTS




56

STAFF RECOMMENDATION

Moved Cr R Hoffman Seconded Cr O Searle

That Council awards Tender 11/2015 - Air Conditioning Maintenance - Civic Centre to Centigrade Mechanical Contracting Pty Ltd of 7 Macadam Place, Balcatta WA 6021, as per the pricing schedule below, for a five-year period commencing 1 August 2015, subject to yearly rise and fall provisions.

Maintenance Proposal based on using

August 2015 to August 2016 $35,880 yearly cost

Total cost = 12 to be invoiced Monthly $2,990

Schedule of Rates for after-hours service

Technician Hourly Rate - Normal $95.00

Technician Hourly Rate - Over Time $140.00

After Hours Call Out Fee $375.00Inclusive of 3 hours labour

Apprentice Hourly Rate - Normal $35.00Depending on experience

Apprentice Hourly Rate - Over Time $50.00Depending on experience

Chiller Technician Hourly Rate - Normal $140.00

Chiller Tech Hourly Rate - Over Time $200.00

Controls Hourly Rate - Normal $185.00

Controls Hourly Rate - Over time $245.00

Service Charge N/A

Normal Hours = 8.00am to 4.30pm Monday to Friday

Overtime Hours = 4.30pm to 8.00am Monday to Friday and all hours on weekends

Procedural Motion

During debate Cr P Griffiths moved the following procedural motion:

“That Item 13.3.3 be deferred to enable the administration to provide further information in relation to the price schedules included with tenders.”

Cr R Hoffman Seconded Cr P Griffiths's proposed amendment.

At the conclusion of debate the Mayor put Cr P Griffiths's proposed amendment, which reads:



57

COUNCIL RESOLUTION

226 Moved Cr P Griffiths Seconded Cr R Hoffman

That item 13.3.3 be deferred to enable the administration to provide further information in relation to the price schedules included with tenders.



AGAINST: Nil.

The procedural motion was put and carried.

Notation

7.58pm Cr O Searle left the meeting and did not return.


58

13.3.4 INSTALLATION OF SPEED CUSHIONS, BICKLEY ROAD, KENWICK - PUBLIC CONSULTATION RESULTS (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.


59

13.3.5 MILLS PARK REDEVELOPMENT PROJECT - REPORT ON PETITION RECEIVED REGARDING PROPOSED FLOORING IN THE NEW FUNCTION CENTRE

Author: B KeatingAuthor’s Declaration of Interest: Nil.


PURPOSE OF REPORT

To report on a petition received at the Ordinary Council Meeting of 12 May 2015 from Mr J Murphy regarding the proposed flooring to the new Function Centre on Mills Park which is part of the new community facility currently being built.

BACKGROUND

The petition presented to Council cites a number of reasons why a timber floor should be installed in the new function centre.

The petition initiator, Mr Murphy, runs a ballroom dance group on Sunday evenings at the existing Beckenham Community Centre.

During the detailed design phase of the project, the City considered a number of options for floor coverings in various areas of the building. Two options for the Function Centre were considered suitable for the space and the activities that it was planned to cater for. Option 1 was a timber floor laid on the concrete slab which was estimated to cost $126,000. Option 2 was a vinyl plank covering laid on the concrete slab at an estimated cost of $33,950. Given the difference in cost and the considerably lower maintenance costs, it was decided that the vinyl plank flooring would be the most suitable for this space.

DISCUSSION

The existing Beckenham Community Centre that is used by the ballroom dance group has a timber floor and the ballroom dance group have a regular booking for the Centre on Sunday evenings. The City has selected a vinyl plank floor covering for the new Mills Park Community Centre due to its advantageous cost and ease of maintenance. This floor is similar to that at the Amherst Village Community Centre which caters to a wide range of different activities, including various dance and fitness groups, without any issues.

All existing users of the Beckenham Community Centre were consulted on the provisions of the new facility. The ballroom dance group was the only one which indicated that the proposed flooring was an issue.

There are other venues within the City including the Maddington Community Centre, Addie Mills Hall and the Don Russell Performing Arts Centre which have timber floors that the ballroom dance group could be re-located to.

It should be noted that contracts for the new Mills Park facility have already been let and any changes at this stage will incur additional costs for the City.



60


Nil. However any amendment to the contract with the building contractor for the community facility will result in financial implications for the City.


Nil.

VOTING REQUIREMENTS



227 Moved Cr R Lawrence Seconded Cr J Brown

That Council receives this report in relation to the petition presented at the Ordinary Council Meeting of 12 May 2015 regarding the flooring to the new Mills Park Community Facility.


Cr P Yang and Cr D Griffiths.

AGAINST: Nil.


61

13.4 COMMUNITY ENGAGEMENT

13.4.1 DISABILITY ACCESS INCLUSION PLAN 2014/2018 INCLUDING OUTCOME 7

Author: H CasseyAuthor’s Declaration of Interest:

Nil.

Previous Ref: OCM 24 February 2015 (Resolution 45)Appendix: 13.4.1A Draft amended Disability Access Inclusion Plan

2014/2018 - including the new Outcome 7

PURPOSE OF REPORT

To advise Council of the outcomes of the public comment period for the draft amended City of Gosnells Disability Access Inclusion Plan 2014/2018 (DAIP) and to seek Council adoption of the Plan.

BACKGROUND

The Disability Services Act 1993 (Act) requires Local and State Government authorities to develop, implement and review a Disability Access Inclusion Plan (DAIP) every five years.

Amendments to the Act in 2013 have resulted in a requirement for local governments to include information about how they will increase employment opportunities and reduce potential barriers to recruitment and employment for people with disability, by including a new Outcome 7 into their existing DAIPs. Outcome 7 encompasses strategies and actions to ensure that:

‘People with disability have the same opportunities as other people to obtain and maintain employment with a public authority.’

At its Ordinary Council Meeting held on 24 February 2015, Council endorsed the amended DAIP for the purpose of advertising for public comment through Resolution 45 which reads:

That Council endorses the draft City of Gosnells Disability Access Inclusion Plan 2014/2018 attached as Appendix 13.2.1A for the purpose of advertising for public comment for a period of 42 days by way of newspaper advertising, display on the City's website, in the City's libraries and Civic Centre.

In accordance with Resolution 45, a public notice was placed in the Gosnells Examiner newspaper in March 2015 advising that the amended DAIP was available for public comment for 42 days. The amended Plan was made available for viewing on the City’s website and at the City’s libraries and Civic Centre.

The period for public comment for the draft DAIP closed on 7 May 2015. No comments or suggestions on the amended DAIP were received by the City.



62

DISCUSSION

The purpose of a DAIP is to assist people with disability to have the same opportunities as others to access the City’s services and events, buildings and facilities, and to gain employment opportunities.

The draft amended DAIP brings the total number of access and inclusion outcomes contained within the City’s DAIP to seven, and aims to reduce the barriers people with disability may have to gaining employment with the City.

The Plan encompasses a whole-of-organisation approach and is an opportunity for the City to continue to support participation and inclusion of all members of the community, including those with disability.

The addition of Outcome 7 to the DAIP will meet the City’s legislative requirements and identify and reduce barriers to recruitment and employment with the City. It will also further demonstrate the City’s commitment to equity for all members of its community.


The financial implications of actions contained within the draft amended DAIP 2014/2018 will be included in future operational budgets for Council’s consideration.


The Disability Services Act 1993 and Disability Services Regulations 2004 require local governments to develop, implement and review a Disability Access Inclusion Plan.

VOTING REQUIREMENTS



228 Moved Cr J Brown Seconded Cr R Hoffman

That Council adopts the City of Gosnells Disability Access Inclusion Plan 2014/2018 attached as Appendix 13.4.1A.


Cr P Yang and Cr D Griffiths.

AGAINST: Nil.


63

13.5 CORPORATE SERVICES

Nil.

13.6 GOVERNANCE

Nil.

14. MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN

Nil.

15. URGENT BUSINESS(by permission of Council)

Nil.

16. CONFIDENTIAL MATTERS

Nil.

17. CLOSURE

The Mayor declared the meeting closed at 7.59pm.

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