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TOWN OF CLAREMONT

ORDINARY COUNCIL MEETING

MINUTES

TUESDAY 2 SEPTEMBER, 2014

Stephen Goode CHIEF EXECUTIVE OFFICER Date:

DISCLAIMER Would all members of the public please note that they are cautioned against taking any action as a result of a Council decision tonight until such time as they have seen a copy of the Minutes or have been advised, in writing, by the Council’s Administration with regard to any particular decision.

ORDINARY COUNCIL MEETING MINUTES 2 SEPTEMBER, 2014

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TABLE OF CONTENTS

ITEM SUBJECT PAGE NO 1 DECLARATION OF OPENING/ANNOUNCEMENT OF VISITORS ............ 1

2 RECORD OF ATTENDANCE/APOLOGIES/LEAVE OF ABSENCE (PREVIOUSLY APPROVED) ...................................................................... 1

3 DISCLOSURE OF INTERESTS .................................................................. 1

4 RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE . 1

5 PUBLIC QUESTION TIME .......................................................................... 1

6 PUBLIC STATEMENT TIME ....................................................................... 3

7 APPLICATIONS FOR LEAVE OF ABSENCE ............................................ 3

8 PETITIONS/DEPUTATIONS/PRESENTATIONS ........................................ 3

8.1 DOG WALK TRAIL AT LAKE CLAREMONT .......................... 3

9 CONFIRMATION OF MINUTES OF PREVIOUS MEETINGS ..................... 4

10 ANNOUNCEMENT OF CONFIDENTIAL MATTERS FOR WHICH MEETING MAY BE CLOSED TO THE PUBLIC ......................................... 4

11 BUSINESS NOT DEALT WITH FROM A PREVIOUS MEETING ............... 4

12 REPORTS OF COMMITTEES ..................................................................... 5

13 REPORTS OF THE CEO ............................................................................. 5

13.1 PLANNING AND DEVELOPMENT .................................................. 5

13.1.1 POLICY REVIEW – ADVERTISING OF PLANNING APPLICATIONS (LG525) ....................................................... 5

13.2 CORPORATE AND GOVERNANCE .............................................. 12

13.2.1 MONTHLY STATEMENT OF FINANCIAL ACTIVITY FOR THE PERIOD ENDING 31 JULY 2013 ................................. 12

13.3 INFRASTRUCTURE ....................................................................... 15

13.3.1 AVION WAY - TRAFFIC MODIFICATION AND UPGRADE . 15

13.3.2 NORTH EAST PRECINCT PROJECT – CONSULTANT’S REPORT AND DESIGN DRAWING OF DRAINAGE


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STRATEGY PROPOSAL TO UPGRADE DRAINAGE AND REMOVE TWO STORMWATER DRAINAGE SUMPS ........ 22

13.3.3 PROPOSED CLOSURE OF PORTION OF ROAD RESERVE BETWEEN DAVIES ROAD AND GRAYLANDS ROAD - CLAREMONT NORTH EAST PRECINCT STRUCTURE PLAN ............................................................. 29

14 ANNOUNCEMENTS BY THE PRESIDING PERSON ............................... 34

15 ELECTED MEMBERS’ MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN ............................................................................................. 34

15.1.1 ACKNOWLEDGEMENT OF VOLUNTEER - MS NORA BROCKMAN ......................................................................... 34

16 NEW BUSINESS OF AN URGENT NATURE APPROVED BY THE PERSON PRESIDING OR BY DECISION OF MEETING ......................... 35

17 CONFIDENTIAL MATTERS FOR WHICH THE MEETING MAY BE CLOSED TO THE PUBLIC ....................................................................... 35

18 FUTURE MEETINGS OF COUNCIL ......................................................... 35

19 DECLARATION OF CLOSURE OF MEETING ......................................... 35


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TOWN OF CLAREMONT

ORDINARY COUNCIL MEETING

2 SEPTEMBER, 2014

MINUTES

1 DECLARATION OF OPENING/ANNOUNCEMENT OF VISITORS

His Worship the Mayor, Mr Jock Barker, welcomed members of the public, staff and Councillors and declared the meeting open at 7:02PM.

2 RECORD OF ATTENDANCE/APOLOGIES/LEAVE OF ABSENCE (PREVIOUSLY APPROVED)

Mayor Barker Cr Peter Browne West Ward Cr Karen Wood West Ward Cr Peter Edwards West Ward Cr Jill Goetze South Ward Cr Paul Kelly South Ward Cr Chris Mews South Ward Cr Alistair Tulloch East Ward Cr Bruce Haynes East Ward Cr Anita Lorenz East Ward

Mr Stephen Goode (Chief Executive Officer) Mr Les Crichton (Executive Manager Corporate and Governance) Mr Saba Kirupananther (Executive Manager Infrastructure) Ms Liz Ledger (Executive Manager People and Places) Mr David Vinicombe (Executive Manager Planning and Development) Ms Danielle Smith (Acting Governance Officer)

6 Members of the public 2 Members of the press

3 DISCLOSURE OF INTERESTS

NIL

4 RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE

NIL

5 PUBLIC QUESTION TIME

Ms Heidi Hardisty, 12A Myera Street, Swanbourne WA 6010


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Question One

With the realignment of Shenton Road, will the existing trees be retained along the road edge?

Answer One

The Structure Plan relative to the alignment of Shenton Road has not been modified. No significant trees are to be affected and a landscaping plan has been approved for the project which includes the provision of WA peppermint Trees along the southern alignment of Shenton Road and Plane Trees along the northern alignment.

Question Two

If not, can the plan be changed to retain these trees and enhance the verge, making it larger with more vegetation?

Answer

No - detailed plans for landscaping and the road alignment have been prepared based on the adopted Structure Plan.

Question Three

Is it possible to create a large verge (a minimum 10 m) between the new edge of Shenton Road and the bike path along the rail line? This would mean it would create a beautiful setting for the bike path and enable native trees, shrubs and groundcover to be planted. This would help create a wildlife corridor along the rail line (as the Western Suburbs Greening Plan intended). Otherwise the area will be an ugly concrete jungle.

Answer

It is too late to modify the major design details without impacting on the road alignments and lot boundaries. Notwithstanding, the landscaping proposed will ensure an appropriate balance of green space and built form.

Mr David Free, 8 Freshwater Parade, Claremont WA 6010

Question

Can the Mayor give assurance that the Claremont residents will be given a chance to vote against a merger proposed by the Minister for Local Government?

Answer

Should the Minister propose a merger which included the Town of Claremont and involved more than a boundary change, the electors of the district can request a poll as the law stands at the moment. Such a request must be signed by at least 250 electors of the Town. If such a poll is requested, the Minister must direct the Local Government Advisory Board (LGAB) to arrange


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a poll. The LGAB is responsible for arranging the poll and deciding what the question will be and preparing an argument for and against which will be provided to electors to assist them decide if and how they wish to vote. The Electoral Commission will conduct the poll and Council will pay for it.

6 PUBLIC STATEMENT TIME

Ms Anna Hilyard – 22 Devon Road Swanbourne. Re: Item 13.1.1 – Policy Review: Advertising of Planning Applications (LG525)

Ms Hilyard spoke against the officer recommendation and proposed that copies of plans be made available to interested affected people.

Mr Peter Woodward – 22 Devon Road, Swanbourne Re: Item 13.1.1 – Policy Review: Advertising of Planning Applications (LG525)

Mr Woodward spoke against the officer recommendation and also proposed availability of copies of plans.

7 APPLICATIONS FOR LEAVE OF ABSENCE

NIL

8 PETITIONS/DEPUTATIONS/PRESENTATIONS

8.1 DOG WALK TRAIL AT LAKE CLAREMONT

The Mayor allowed Ms Kate Main to speak in support of the petition.

We the undersigned (on behalf of a petition of 382 Lake Claremont walkers), being electors of the district of the Town of Claremont, do respectfully request that the Council consider the concept plan enclosed to have a Dog Walk Trail at Lake Claremont.

Signed by 382 people from the local community.

Moved Cr Wood, seconded Cr Tulloch

That the petition be received by Council and referred to the Chief Executive Officer for action.

CARRIED(145/14) (NO DISSENT)


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9 CONFIRMATION OF MINUTES OF PREVIOUS MEETINGS

Moved Cr Browne, seconded Cr Goetze

That the minutes of the Ordinary Meeting of Council held on 19 August 2014 be confirmed.


10 ANNOUNCEMENT OF CONFIDENTIAL MATTERS FOR WHICH MEETING MAY BE CLOSED TO THE PUBLIC

NIL

11 BUSINESS NOT DEALT WITH FROM A PREVIOUS MEETING

NIL


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12 REPORTS OF COMMITTEES

NIL

13 REPORTS OF THE CEO

13.1 PLANNING AND DEVELOPMENT

13.1.1 POLICY REVIEW – ADVERTISING OF PLANNING APPLICATIONS (LG525)

File Ref: DAB/00031

Attachments – Public: Existing Advertising Policy Proposed Advertising Policy

Responsible Officer: David Vinicombe Executive Manager Planning and Development

Author: Jeremy Swan Senior Planner

Proposed Meeting Date: 2 September 2014 Enabling Legislation: Planning and Development Act 2005 (PDA)

Town Planning Scheme No. 3 (TPS3) Residential Design Codes (RDC) Council Policy LG525 - Advertising of Planning Applications

Purpose For Council to consider adopting proposed amendments to Council’s Advertising of Planning Applications Policy (LG525).

It is proposed to revise the existing policy to:

• Provide consistent guidelines;

• Provide clarity on the process;

• Allow management discretion; and

• Expedite the process for both the owner/applicant and Town officers.

Summary

The intent of this amendment is to provide a streamlined advertising process for planning applications under TPS3. The Town regularly receives feedback regarding the advertising of planning applications, in particular, it is apparent that there is a general dissatisfaction in the need to seek comment for certain applications.

The existing policy is at time ambiguous and does not provide clear guidelines on the advertising procedure. Also, it does not allow for sufficient management discretion in relation to the extent of consultation. This policy review is aimed at providing clear guidelines on the planning application process as well as providing options that expedite the processing times for both the applicant and the Town’s officers.


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Past Resolutions The current policy on Advertising of Planning Applications (LG525) was adopted by Council on 5 October 2010 (210/10).

Discussion In regards to the consultation with landowners in relation to planning applications it is noted that Town Planning Scheme No 3 (TPS3) and Residential Design Codes (RDC) provide the following provisions:

• Cl. 86 TPS3 allows Council to consult with any authority or person who, in the circumstance, it thinks appropriate in determining any application for planning approval.

• Cl. 14 of TPS3 specifies the minimum advertising requirements for ‘SA’ uses (requiring special approval in exceptional circumstances – for those uses with greater potential impact on surrounding properties). These requirements include advising all property owners and occupiers in writing (by registered post), newspaper advertising and placing of a sign on site. Consultation is to be carried out for a minimum of 21 days. It is noted that TPS3 does not contain any specific consultation requirements relative to “P” (permitted), “IP” (incidental) or “AA” (approval may be granted if proposed to provide a local service, is consistent with the general land uses in the locality and uses which will not have an adverse effect on the local amenity) uses.

• Cl. 43 of TPS3 specifically requires consultation with owners and occupants of adjoining land for setback variations for applications for Aged or Dependent Persons’ Dwellings or a Dwelling (Self-contained).

• Clause 75(P) requires consultation for amendments to Detailed Area Plans (DAP). It is noted that minor variations to the DAPs which do not vary the DAP in itself do not require consultation.

• Cl. 4.2 of the RDC requires that potentially affected adjoining owners and occupiers be advised and requested to make comment on development proposing a ‘design principle’ consideration under the RDC only where Council is of the view that there is a possible impact on their amenity or the street and only to those directly impacted by the proposal. Provisions require consultation for a minimum of 14 days and allow for the applicant to respond to issues raised within a period of 10 days.

No changes are proposed to the abovementioned provisions.

Current policy requirements The existing policy LG525 is attached. Town has traditionally required a greater level of public consultation than provided by the above statutory requirements through its policy requirements designed to respond to the desires of the local community. All planning applications are advertised in accordance with Council policy.

With residential development, the RDC specifies that adjoining and adjacent property owners and occupiers comment on specific matters which relate to ‘design principle’ considerations where the Town is of the view that an amenity impact may result.


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On occasion, the community has made comment and sought refusal or changes to compliant applications. Where an application is compliant, it is unrealistic for Council to issue a refusal or apply a condition which goes beyond the statutes of TPS3 or the RDC (unless a serious breach of amenity will result) due to review procedures applying through the State Administrative Tribunal.

As a result, full consultation has at times raised unrealistic community expectations of the planning process and also compromised the capacity of the Council to deliver an open and accountable planning service which is cognisant of its statutory limitations. Where an unrealistic expectation cannot be delivered, the community may lose faith in the planning process or the Council. This has the potential to fracture communities (by setting up competing neighbours) and Council relationships with the community (as the arbiter and determining body).

Accordingly, it is appropriate to review the requirements for consultation to realistically respond to legislative bounds of the planning process, whilst at the same time ensuring the public has the capacity to comment on planning application matters which are relevant. The amended policy will provide greater clarity for applicants, neighbours and the Council in regards to the minimum consultation requirements for applications for planning approval.

As a result of the above concerns, the policy review clarifies that all written submissions are required to relate to a ‘relevant planning matter’. The supporting or objecting comments from affected parties does not mean automatic approval (with or without appropriate conditions to address the submission) or refusal to the planning application. All written submissions together with the planning application will be considered on the planning merits of the proposal and the determination of the application will take into account technical assessment and balanced judgment of the application.

The amended policy should be read having regard for the Council’s Strategic Community Plan, the Corporate Business Plan, the RDC requirements and recently proposed changes to the TPS3 (Amendment No. 125), and Council’s the Delegation Notice relating to planning applications.

The amended policy is attached to this report. The proposed changes specifically relate to the following:

Manager discretion on consultation coverage

Currently each planning application lodged with the Town requires advertising to every surrounding property (including across a road). Two issues may result from this approach:

• Inappropriate coverage – where owners of neighbouring properties regularly receiving advertising letters for development that does not directly affect them. For example, owners of a dwelling across the road from a proposed development are currently given the opportunity to provide comment on a patio at the rear of a dwelling and this is not considered necessary.

• Insufficient coverage – where a significant development may attract wider views and concerns from the more general public, the current Policy does not provide opportunity to consult over a broader area. For example, a major


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development which may have traffic implications in local streets and it would be entirely appropriate to consult with the broader community in such instances.

It is proposed to amend the policy to permit the Planning Manager or Executive Manager of Planning and Development discretion to determine the extent of consultation coverage at the time an application is received by the Town.

Scheme Amendment No. 125 to TPS3, which is currently with the Minister of Planning, will not require a planning application for development that is entirely compliant with the ‘deemed to comply’ criteria of the RDC and other matters. It is noted that the Minister is proposing legislative changes to exempt “compliant” residential development from planning applications consistent with this approach. However the details on this are not available at the current point in time and until these materialise, planning applications for residential development will continue to apply.

Consultation to owners and occupiers TPS requires all neighbouring owners and occupants to be consulted on applications relating to “SA” uses and variations to setback requirements for dwellings. The RDC also requires neighbouring owners and occupants to be consulted on all “design principle” considerations of the Codes.

Whilst it has always been a contentious issue on whether property owners or occupants have the same rights to review and comment on planning proposals, the fundamental consideration is if a proposal may impact on a neighbour’s amenity, ownership should not prejudice the rights to make comment.

It is noted that other matters for which comment is sought may not specifically require comment form occupants of a property. Inclusion of those occupants in consultation will add to consultation costs. However, in terms of achieving consistency and equity in advertising all necessary planning applications, and not pre-judging what matters may be of relevance to occupants as opposed to just owners of land, it is proposed that all applications advertised be to both owners and occupants.

Advertising undertaken by the Town

Both the RDC and TPS3 require consultation with adjoining owners and occupants. The RDC allows for the owner to undertake the consultation and provide evidence that the consultation has been undertaken correctly. This is normally satisfied by either signed letters or plans from all the neighbours being lodged or alternatively the submission of registered mail receipts. At approximately $5 per registered letter, some applications are costing hundreds of dollars to advertise.

It is proposed to amend the policy to allow the Town to conduct the advertising on behalf of the applicant. This would allow letters to be sent via ordinary mail (rather than registered post – except in relation to “SA” uses as noted above) which would save money and ensure advertising is conducted for the correct duration and to the required parties.

It is noted that the Town’s Fees and Charges Schedule permits the Town to change a fee for advertising that may require significant staff time. The proposed revision will


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allow the applicant to determine whether to carry out the consultation or whether to allow the Town to address the matter.

Advertising duration

There is a variety of time periods which apply to different forms of advertising. The current policy provides for a timeframe of not less than twelve working days. “SA” uses are to be advertised for a minimum of three weeks (21 days). Residential development involving “design principle” consideration is required to be advertised for a minimum of 14 (calendar) days.

It is apparent that some applicants attempt to advertise for a lesser period. Problems are also occurring with some applicants mailing the advertising a number of days after the intended start date, resulting in either a shortened period (when the Town does not find out) or readvertising at a later date (when the Town does find out).

It is proposed to amend the policy to a timeframe of not less than 14 calendar days (except for “SA” uses which must be advertised for a minimum of 21 days in accordance with TPS3). Additionally, this will allow for management discretion if an extension of time is granted for a submission to be received.

Provision of plans The current practice is to not provide copies of plans or submission details to potentially affected owners or occupiers of properties as this raises a number of privacy and security concerns for applicants.

This matter has been addressed by other local authorities in recent times in an attempt to improve consultation processes. Some Council’s have applied policies; however this has proven problematic by raising issues with applicants and is difficult to enforce in the process once an application is lodged and time constraints for determination then apply. As a result, more recently other Councils (e.g. Fremantle and Victoria Park) have amended their town planning schemes to specifically provide for this to occur.

Although there may be some communication advantages in terms of convenience to require the provision of plans to affected property owners and occupants, in the absence of an amendment to TPS3, this is not considered appropriate at this point.

Evidence of non-objection

It is noted that as an alternative to the formal consultation process, the Town has on occasions been permitting the applicant to acquire neighbour sign-off. This usually results in the application being processed in a considerably shortened timeframe. The current advertising policy has no formal provision for neighbour sign off and accordingly this practice is noted as a variation to Council policy. It is proposed to include optional sign off as part of the revised policy (except in regard to “SA” use consultation) which will formally allow for planning applications to be expedited in a shorter timeframe.


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Signatures should include all persons shown as owners on the Certificate of Title as ownership details will be confirmed. The certification must include:

• The full name of the owner/s or occupier/s certifying no objection and a signature;

• A statement indicating no objection to the proposal; and

• A current contact address and a contact telephone number. Where the consent of adjoining or adjacent landowners has been acquired for the original planning application, then consent of abutting landowners is also to be obtained for the amended plans with the exception of amendments that fully comply with the ‘deemed to comply’ or previously supported ‘design principle’ considerations of the RDC, or variations to TPS3 or Council Policy requirements.

Planning policy vs operational policy Cl. 82 of TPS 3 allows the Council to prepare a planning policy which may make a provision for any other matter related to the planning or development of the scheme area and which may be prepared so as to apply: (a) generally or in a particular class of matter or in particular classes of matters (b) throughout the Scheme Area in one or more parts of the Scheme Area and may amend or add to or rescind a policy so prepared.

It is noted that a planning policy shall not bind the Council in respect of any application for planning approval but the Council shall have due regard to the objectives and provisions of the policy before making a decision.

The purpose of adopting a planning policy under the Scheme is to provide clarity and flexibility relative to development requirements, specifically regarding design and amenity matters which relate to planning applications. The adoption of a planning policy following public consultation as specified under the Scheme allows for the policy provisions to be given statutory weight if ever the matter is reviewed by the SAT on appeal from the applicant.

In this instance, however the proposed policy changes are operational in nature. They do not relate to a development or amenity provisions, which may be subject to appeal. The proposals do not change any of the statutory provisions, but purely provide clarity on the processes which the Council applies to advertising of planning applications under TPS3.

Accordingly, it is proposed that the draft policy revisions be adopted as a Council operational policy rather than planning policy. It is noted that, as an operational policy, the draft does not require public consultation before adoption by Council.

In adopting a new planning policy pursuant to TPS3 the existing policy will be rescinded.

Financial Implications There will be minor costs associated with advertising the policy.


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Conclusion Based on the above, it is recommended that the draft policy as per the attachment to this report be adopted by Council as an operational policy.

Voting Requirements Simple majority decision of Council required. Officer Recommendation That Council adopt the draft Policy LG525 – Advertising of Planning Applications as an operational policy to guide public consultation for planning applications under Town Planning Scheme No. 3. Alternative Motion Moved Cr Tulloch, That Council adopt the draft Policy LG525 – Advertising of Planning Applications amended to include that hardcopies of plans be provided to persons likely to be affected, as an operational policy to guide public consultation for planning applications under Town Planning Scheme No. 3.

Reason To provide transparency and allow neighbours to monitor construction to ensure plans are being followed.

MOTION TO DEFER BACK

Moved Cr Haynes, seconded Cr Lorenz That the item be referred back to Administration.

Reason To enable administration to investigate and seek legal advice on the implications of the amendment.

CARRIED(147/14)

For: Mayor Barker and Cr’s Edwards, Browne, Goetze, Haynes, Kelly, Lorenz and Mews. Against: Cr Tulloch and Wood.


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13.2 CORPORATE AND GOVERNANCE

13.2.1 MONTHLY STATEMENT OF FINANCIAL ACTIVITY FOR THE PERIOD ENDING 31 JULY 2013

File Ref: FIM0062 Attachments: Statement of Financial Activity for period ending

31 July 2014

Responsible Officer: Les Crichton Executive Manager Corporate and Governance

Author: Hitesh Hans Finance Manager

Proposed Meeting Date: 2 September 2014

Purpose For Council to note the Statement of Financial Activity for the month ending 31 July 2014. This report also incorporates all 2013-14 carry forwards approved by Council on 19 August 2014.

Background The Monthly Financial Report is presented in accordance with the Local Government Act 1995 and Local Government (Financial Management) Regulations 1996.

Discussion The Financial Statements to 31 July 2014 represent the first month of operation within the 2014-15 financial year.

The closing surplus of $12,951,942 compares favourably against the budgeted surplus of $12,930,640. As detailed below, the $21,302 variance is comprised of $13,894 (including rates) decreased in operating revenue, net $173,905 decrease in operating expenditure and $138,710 increase in the capital expenditure against YTD date.

Operating revenue - $13,894 below budget

• ($76,787) of variance on Fees and Charges is mainly due to timing of income from Swimming Pool ($23,000) and Lease Revenue ($46,000).

• $39,895 increase in rates revenue is due to increase in valuations before the rates were raised along with interim rates of $25,000 levied ahead of the budget timing.

• $16,755 increase in interest is due to higher interest income derived from increase in investment holdings.


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Operating expenditure - $173,905 below budget

• $125,592 Employee Cost is under mainly due to 1 July Wages Accrual ($195,000) and Workers Comp Premium $85,000 paid ahead of the budget timing.

• $115,163 of variance due to timing difference across materials and contracts services ($106,183) and consultancies ($14,127). However office expenses are over the budget by $36,140 due to timing on annual subscription payments.

• ($43,266) Insurance expenditure is over the budget due to premiums paid ahead of budget timing.

• ($25,697) Other Expenditure is over the budget due to Bowling Club Subsidy paid ahead of the budget timing along with Overheads not yet applied for July 14.

Capital expenditure – $138,710 over budget As detailed within the capital works schedules (Attachment [Note 10]), capital expenditure is over budget mainly due to payment for Claremont No 1 construction along with purchase of Works Vehicle ahead of the budget timing.

Capital income There is no budget and actual in July 2014.

Cash Holdings Current investment holdings are outside Council’s Investment Policy LG511 with 50% and 36% investment with NAB and ANZ respectively due to significant interest income benefit. The policy limits funds with one institution at 35% but the risk of investments with NAB and ANZ was considered low given they have an excellent credit rating.

Past Resolutions Ordinary Council Meeting 19 August 2014, Resolution 135/14: That Council note the Financial Statement of Activity for the period 1 July 2013 to 30 June 2014.

Financial and Staff Implications Resource requirements are in accordance with existing budgetary allocation.

Policy and Statutory Implications Local Government Act 1995. Local Government (Financial Management) Regulations 1996.

Publicity N/A


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Strategic Community Plan Governance and Leadership

We are an open and accountable local government that encourages community involvement and strives to keep its community well informed.

• Provide and maintain a high standard of governance, accountability, management and strategic planning.

• Maintain long term financial stability and growth.

Urgency N/A

Voting Requirements Absolute majority decision of Council required.

Moved Cr Browne, seconded Cr Kelly That Council notes the Financial Statement of Activity for the period 1 July 2014 to 31 July 2014.



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13.3 INFRASTRUCTURE

13.3.1 AVION WAY - TRAFFIC MODIFICATION AND UPGRADE

File Ref: RDS/00174 Attachments: Concept Plan

Cost Schedule Stirling Road - Stirling Highway - St Quentin Ave Capital Works Plan

Responsible Officer: Saba Kirupananther Executive Manager Infrastructure

Author: Brian Kavanagh Manager Statutory Services


Purpose Report recommends Council approve a $337,425.00 allocation from the Joint Venture Reserve Fund for works associated with the modification of Avion Way to become a single lane-one way carriageway (north to south) and upgrade of the pedestrian amenities.

Background Council approved the Street and Laneway Activation Plan (SLAP) in February 2010.

Within the SLAP there are a number of proposed initiatives to activate Streets and Laneways to enhance precincts for attracting visitors which in turn increases economic prosperity for traders and landowners around the Town Centre. The proposed Avion Way project is a progression of the SLAP framework criteria to:

• Capture the feel, history and essence of the place to determine what potential it has as a vibrant thoroughfare;

• Determine a diverse range of activities and multipurpose opportunities that encourage visitations; and

• Putting in place the most appropriate items and activities that inspire spontaneous exchanges between people and bring the “fun” back into the streets.

At the 16 July 2013 OCM a report regarding the modification and upgrade of Avion Way was considered by Council seeking an allocation of $45,000 from the Joint Venture Reserve Fund for the preparation of specifications/tender documentation. Council resolved (resolution 232/13) to defer the item back to administration to enable up to date traffic statistics to be obtained prior to consideration. The Town conducted a traffic count along Avion Way on Thursday 25 July 2013 until Thursday 1 August 2013. The count was conducted over a normal working week with businesses, shopping precincts and schools in the area operating.


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Comparisons of the June 2009 and July 2013 are indicated in Table 1.

Table 1 Direction 2009 Average Numbers per

day over a 5 day week (Mon-Fri)

2013 Numbers per day over a 5 day week (Mon-Fri)

South Bound - One-way St Quentin Ave to Stirling Highway

872 per day 1570 per day

North Bound - One-way Stirling Highway to St Quentin Ave

151 per day 187 per day

The July 2013 traffic counts reflects an increase from June 2009 of 698 vehicles (80%) per day travelling South Bound from St Quentin Avenue to Stirling Highway and an increase of 36 vehicles (24%) per day travelling North Bound from Stirling Highway to St Quentin Avenue.

During the time from June 2009 there have been significant developments and traffic movement/flow alterations around Bay View Terrace and St Quentin Avenue Precinct.

Under the Main Roads WA (MRWA) classification the 2013 traffic movement numbers indicated in the table above would be interpreted as a Local Access Road and the number of vehicles travelling north bound in Avion Way are not significant to impact on the wider traffic movement around the Town Centre.

The July 2013 traffic count would indicate the 187 vehicles per day using the North Bound lane along Avion Way does not severely limit access to businesses on St Quentin Avenue if Avion Way was modified to a one way (South Bound) format.

At the 17 September 2013 OCM Council approved (resolution 267/13) an allocation of $45,000 from the Joint Venture Reserve Fund for the preparation of specifications/tender documentation for Avion Way traffic modification/upgrade and at the conclusion of the tender process a report is prepared for council to consider proceeding to the construction phase of the project.

The concept design is based on the modification of the current two way traffic movement to allow for only one way flow from St Quentin Avenue onto Stirling Highway (South Bound) utilising the current western traffic lane. The current eastern traffic lane is proposed for expansion of the brick paved pedestrian footpath to encompass the current median and trees as part of the pedestrian domain. The plan delivers improvement to the ambience of the Avion Way precinct and encourages alfresco dining and increase visitors to this area.

The concept presentation to the Councillors in May 2013 highlighted the use of paving to match the existing material with a small amount of contrasting material to break up an expanse of brick paving at locations along Avion Way. The lighting will be upgraded but remain within the current location of the median strip. The concept allows for the use of Gabion stone structures for use as seating and barriers complimenting the current brick paving style. It is anticipated two new trees will be planted within the expanded areas at the junction of Avion Way and Stirling Highway adjacent to the current skateboard business and also at the junction of Avion Way


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and St Quentin Avenue adjacent to the ANZ bank. The existing three parking bays will remain at the north western end of Avion Way to allow customers to access the ATM and the surrounding business premises. There will be a loss of three parking bays at the south eastern end.

Discussion Capital Contribution Topsfield Pty Ltd (Owners of Times Square) has agreed to contribute $67,484 (20%) towards the construction and reconfiguration of Avion Way. Also Topsfield have agreed to an additional contribution of $25,000 towards a piece for public art to be installed at the nodes either ends of Avion Way. The additional public art contribution is conditional on matching funds from the Town being allocated. A Public art contribution from the Town has not been allowed for in the estimated cost ($337,425).

Infrastructure The standard specifications and descriptions for various items are included in the design plan. Schedule of works and costs have been prepared by the Town’s Infrastructure staff. It is proposed that the Town‘s Infrastructure staff will perform the administration and project management duties of the project and engage/coordinate sub contractors to perform the various construction works required to complete the project.

There are significant capital works (plan attached) to be performed on Stirling Road during the 2014-15 year. The works include creating a slip lane near Stirling Highway (left hand turn only) and two lanes allowing vehicles to turn right onto Stirling Highway or travel across Stirling Highway onto Queenslea Drive. There will also be a round-about constructed at the junction of Stirling Road and St Quentin Avenue together with additional median islands.

The initial preparation works of realigning Western Power light poles and Telstra cables on Stirling Road have been completed with other communication (Nextgen) relocation currently underway. The Town is working with Main Roads WA regarding some design changes requested by them. The remaining works are expected to commence in September, pending the finalisation of the communication relocation. It is anticipated the works will be completed by late October 2014.

Timing If Council approve the allocation of funds for the modification and upgrade of Avion Way, it is suggested delaying commencing the construction works until the Stirling Highway - Stirling Road – St Quentin Avenue capital works are completed and operational late October 2014.

Public Consultation In July 2013 the Town received correspondence from four businesses occupying 40 St Quentin Ave (corner of Stirling Road and St Quentin Avenue) objecting to the closure of the North Bound lane in Avion Way. The thrust of the objections are that Avion Way is at certain times of the day is the only means of timely ingress/egress to their property from Stirling Highway and any changes to Avion Way may shut off the


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opportunity to relieve congestion around the intersection of St Quentin Ave and Stirling Road intersection.

A letter was also received by Town from the owners of 34 St Quentin Avenue also objecting to the closure of the western lane of Avion Way and the impact the closure may have to allow access to their property from Stirling Highway. Currently the property at 34 St Quentin Avenue is vacant and the owners have approval for the property to be developed as a small bar establishment.

Responding to the objections administration believe the works on Stirling Road and at the junction of Stirling Road/Stirling Highway will relieve congestion currently being experienced at the intersections and provide better access to St Quentin Avenue and to business premises along St Quentin Avenue whilst assisting traffic flow in and around the area in a more orderly manner.

The July 2013 traffic count would indicate the 187 vehicles per day using the North Bound lane along Avion Way does not severely limit access to businesses on St Quentin Avenue if Avion Way was modified to a one way (South Bound) format.

The owner of the Times Square development fully supports the modification of Avion Way and has relayed his approval for the project personally to Councillors at previous Ordinary Council Meetings and also by contributing to the capital cost.

If Council approves the allocation of funds and proceeds with the project, residents and businesses within the boundaries of Stirling Highway (West of Avion Way to Stirling Road) Stirling Road (North to Gugeri Street) and St Quentin Ave (West of Bay View Terrace to Stirling Road) will be notified and provided with a detailed plan.

Financial and Staff Implications The estimated cost of the works is $337,425. The contribution of $67,484 by Topsfield Pty Ltd will be offset against the cost of the works. The net cost to the Town is $269,941.

Topsfield have agreed to an additional contribution of $25,000 a piece for public art to be installed at the nodes either ends of Avion Way. The additional public art contribution is conditional on matching funds from the Town being allocated. A Public art contribution from the Town has not been allowed for in the estimated cost ($337,425).

This proposal is not included within the 2014-15 Budget however if Council wish to progress the works, funds may be allocated from the Joint Venture Reserve. As at 1 July 2014 is $1.04 million in the Joint Venture Reserve for the purpose to fund road upgrade/traffic improvements within the town centre.

There will be Town‘s Infrastructure staff time required to perform the administration and project management duties of the project and engage/coordinate sub contractors to perform the various construction works required to complete the project. This project needs to be scheduled with Town’s other capital projects.


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Past Resolutions Ordinary Council Meeting 16 July 2013, Resolution 232/13.

Moved Haynes, seconded Cr Edwards. That the item be deferred back to administration. Reason: To enable up to date traffic statistics to be obtained prior to consideration.

Ordinary Council Meeting 17 September 2013, Resolution 267/13.

Moved Cr Kelly, seconded Cr Lorenz That Council 1. Approves the unbudgeted allocation of $45,000 from the Joint Venture Reserve for the preparation of specifications, working drawings and tender documentation for Avion Way traffic modification/upgrade as per the officer report; and 2. At the conclusion of the Tender process a report is prepared for council to consider proceeding to the construction phase of the project.

Policy and Statutory Implications

• Town of Claremont – Strategic Community Plan.

• Purchase Goods & Services Policy-RCR 226.

• Local Government Act 1995 Regulations [Function & General] section 3.57.

Publicity There will be ongoing consultation with businesses and nearby property owners and the general community regarding the project. The project updates will be prepared for Claremont Now meetings, and updates and the concept will be placed on the Town’s webpage.

Strategic Community Plan Liveability

We are an accessible community, with well maintained and managed assets, and our heritage preserved for the enjoyment of the community.

• Clean, usable, attractive, accessible streetscapes and public open spaces.

• Develop the public realm as gathering spaces for participation and enjoyment.

• Maintain and upgrade infrastructure for seamless day to day usage.

Prosperity

Our businesses are thriving and integrated into the life of the Claremont community, and the town centre is known as a premier retail destination.

• Further develop and implement the principles of the Business Improvement District Policy to support local and new business.


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• Reduce unnecessary barriers to new business and support the success of existing local businesses.

• Assist in creating local employment opportunities through a strong local economy.

Urgency The limited foot traffic within the Avion Way Precinct including the western end of St Quentin Ave is having an effect on the viability of most businesses and there is an agitation from retailers for the Town to vitalise this end of the Town Centre. The project if approved will assist in allowing people to linger longer, enjoy the improved amenities and establish a mixture of entertainment, retail and cafe/ restaurant precinct. The project builds on the SLAP program to enhance Claremont as a destination of choice.

Voting Requirements Absolute majority decision of Council required. Officer Recommendation That Council approves a $337,425.00 allocation from the Joint Venture Reserve Fund for works associated with the modification of Avion Way to become a single lane-one way carriageway (north to south) and upgrade of the pedestrian amenities.

ALTERNATIVE MOTION

Moved Cr Goetze, seconded Cr Wood That Council, 1. Authorise works to modify Avion Way to become a single lane one-way

carriageway (north to south) and upgrade of the pedestrian amenities as detailed within the report at cost of $337,425 conditional on contribution by Topsfield Pty Ltd of $67,484 (20% of project cost);

2. Authorise transfer of $337,475 from the Claremont Joint Venture Reserve to fund the Avion Way modification and pedestrian upgrade works;

3. Authorise transfer the Topsfield contribution towards the works to the Claremont Joint Venture Reserve, and

4. Accept the $50,000 contribution towards Avion Way artwork by Topsfield Pty Ltd.

MOTION TO REFER BACK

Moved Cr Haynes, seconded Cr Mews That the item be referred back to Administration.


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Reason To wait for the data to be available on the traffic use on Stirling road and St Quentin

roundabout to provide information to those who object to the recommendation.

LOST(149/14)

For: Cr Haynes, Mews and Tulloch. Against: Mayor Barker and Cr’s Edwards, Wood, Browne, Goetze, Lorenz and Kelly.

THE ALTERNATIVE MOTION WAS PUT

CARRIED BY AN ABSOLUTE MAJORITY(150/14)

For: Mayor Barker and Cr’s Edwards, Wood, Browne, Lorenz, Kelly and Goetze. Against: Cr’s Haynes, Mews and Tulloch.


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13.3.2 NORTH EAST PRECINCT PROJECT – CONSULTANT’S REPORT AND DESIGN DRAWING OF DRAINAGE STRATEGY PROPOSAL TO UPGRADE DRAINAGE AND REMOVE TWO STORMWATER DRAINAGE SUMPS

File No: LND/00091 Attachments: Emerge report

JDSi design drawings C330, C331, C332 Plan of swale and bio retention basin EPA letter

Responsible Officer: Saba Kirupananther Executive Manager Infrastructure

Author: Patrick Tan Acting Manager Engineering Services


Purpose For Council to consider LandCorp’s consultant’s report and drawings of the drainage strategy proposal for drainage upgrade and removal of two stormwater drainage sumps as part of LandCorp’s North East Precinct (NEP) project.

Background In assessing possible options to relocate the drainage sumps for the North East Precinct Project, the Lake Claremont Committee has recommended to Council to accept the proposal to close both sumps and redirect the water via a piped system, swales and nutrient stripping facilities to Lake Claremont, subject to further assessment of the impact to the hydrology, groundwater and environment, and the submission of a concept plan to the Town.

As part of the North East Precinct Project, Council at its meeting on 16 August 2011 resolved as follows:

“That Council accept the proposal by LandCorp for the storm water from the NEP area to be diverted from existing sumps to the Lake Claremont via nutrient stripping facilities subject to:

1. Stringent hydrology, hydraulic, ground water and environmental assessment; and 2. LandCorp submits a report of the above assessment and a concept plan for

further consideration.”

Following the above resolutions, LandCorp has commissioned Emerge Associates to prepare a final hydrological and environmental assessment report dated January 2014 for the proposed removal of the two drainage sumps. The final report takes into consideration queries and actions arising from the Lake Claremont Committee minutes dated 28 November 2013.


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A set of drainage design drawings numbered C330 (Rev E), 331 (Rev E) and C332 (Rev A), showing the drainage proposal has also been submitted by LandCorp’s consultant, JDSi Consulting Engineer for Council’s consideration.

Council is requested to consider and accept the Consultant’s report and drawings on the drainage strategy proposal which involves the proposed sump removals. The report and design drawings from the consultants are attached for information and consideration.

Discussion The proposal involves closing two sumps located off Shenton Road and redirecting the stormwater runoff via a piped system and swales with nutrient stripping capabilities to Lake Claremont. One sump is located on the former depot land and receives water via a pressure main from a pump from the subway which is the lowest point of the catchment. Some of the stormwater is also collected from the subway and flows through a piped system via gravity to a well in Rowe Park. With the removal of the sump on the former depot land, the pump will still be retained with the existing pressure main being diverted to a proposed piped system on Shenton Road, which discharges by gravity towards Lake Claremont as shown on JDSi’s drawing numbered C331. It is suggested that the length of the pressure main from the subway be reviewed to achieve a shorter pumping distance.

It is important to note that LandCorp has arranged for the pump in the subway underpass to be tested in its current state and the findings show that the pump can be retained but the access ladder is in poor condition and the pump will require servicing in the near future. It is appropriate that the Town approach LandCorp to contribute towards the cost to replace the access ladder and also undertake the servicing of the pump. The works may be undertaken by LandCorp.

The other sump is located off Shenton Road on PTA’s car park land and has frequently overflowed due to inadequate storage capacity. This sump is proposed to be closed and the stormwater diverted to a proposed piped system discharging to Lake Claremont via a bio-retention basin and swale system.

As part of the drainage upgrade, a gross pollutant trap is proposed to be installed prior to discharge into the proposed swale drain at the end of Shenton Place. The sediments and gross pollutants in the stormwater will be significantly reduced before the stormwater is discharged into the bio-retention basin and swale system where nutrients stripping will occur. It is important to note that periodic maintenance of the gross pollutant trap is essential for the effective removal of sediments and gross pollutants. The gross pollutant trap will have to be inspected approximately every 3 months and a cleaning programme developed to suit. Truck access has to be provided to maintain the gross pollutant trap and as such a lockable gate will need to be installed at the end of Shenton Place.

Sediment removal from the bio-retention basin is anticipated to be once every 1 to 2 years. The swale which conveys stormwater downstream of the bio-retention basin will be frequently wet, shallow and turfed. The consultant advised that there should be no additional maintenance requirements for the swale than those experienced in adjacent golf course areas, provided the bio-retention basin is appropriately


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maintained. A copy of plan showing the proposed swale and bio-retention basin is attached for information.

Based on the above maintenance requirements for the gross pollutant trap and bio-retention basin, it is proposed that the Town negotiates an agreement with LandCorp to maintain the gross pollutant trap and bio-retention basin, appropriately for the duration until the completion of building works on the last development lot plus an additional 12 months period thereafter.

The maintenance works may be organised by LandCorp, however, it is also possible for the Town to arrange the works based on an agreed cost contribution from LandCorp.

The final report prepared by Emerge Associates has highlighted the following hydrological and environmental characteristics of the site:

• The project site receives 712.3 mm annual rainfall on average, predominantly during June and July.

• Topography of the site is gently sloping to the north with levels ranging from 13 m Australian Heights Datum (AHD) to 21 m AHD. A ridge of 19-20 m AHD runs around the oval which is generally flat at 18.0 m AHD. The lowest point within the site is at the end of Shenton Place, at approximately 6.0 m AHD Lake Claremont is downstream of the site and is at approximately 3.0 m AHD.

• The site is underlain by sands derived from Tamala Limestone. Infiltration capacity of the soils is approximately 8.64 m per day.

• There is no known risk of encountering Acid Sulphate Soils (ASS) within 3 m of the surface across the project site. Lake Claremont is an area of “High to Moderate” risk of encountering ASS within 3 m of the surface.

• Lake Claremont is downstream of the site and is listed as a Conservation Category Wetland (CCW) and an Environmental Protection Policy (EPP) Lake with an approximate catchment of 250 ha.

• The site is approximately 5 ha, and therefore represents 2% of the Lake Claremont catchment.

• Lake Claremont and the surrounding area are listed as a Bush Forever site and an Environmentally Sensitive Area (ESA).

• Groundwater levels across the site are between 1.0 m AHD and 0 m AHD, flowing from east to west.

• While some runoff is retained within the local drainage sumps, the ultimate discharge location of the surface runoff catchments in and around the site is the Public Open Space (POS) immediately adjacent to Lake Claremont. Runoff discharged to this POS would eventually discharge to Lake Claremont.


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The report describes the stormwater management plan based on Water Sensitive Urban Design (WSUD) approach to achieve both conveyance of stormwater volume and treatment of stormwater to protect sensitive water bodies downstream. The following design criteria are adopted:

1. Retain up to the 10 year ARI storm events from the lots.

2. Retain and treat the 1 year 1 hour ARI storm events from road reserves.

3. Size the concrete piped network to convey the 5 year ARI storm events from road network.

4. Convey the 100 year ARI storm events within road pavement and/or swales integrated into the landscape.

5. Manage erosion and sedimentation from surface water runoff.

Based on the above objectives and design criteria, the stormwater drainage network will be upgraded to current standards to provide adequate protection from surface runoff during major storm events. The drainage upgrade will necessitate changes to the surface runoff catchments, and some minor rerouting of surface runoff.

The stormwater runoff from the development lots is required to be retained on site for up to 10 year storm events. Frequent minor storm event runoff (1 year 1 hour ARI event) will be treated as close to source as possible, with the runoff being retained within each development lot via retention tanks, rainwater tanks and soakage/sand trap structures. Gully pits on road reserves will have sand traps to capture sediments and pollutants from road runoff before discharging to the bio-retention area within the golf course after being first treated by a gross pollutant trap (GPT) located at the end of Shenton Place.

Major event runoff (up to 100 year ARI event) from the site will be conveyed via a piped network through the GPT to the bio-retention area, and when this reaches capacity it will be conveyed to Lake Claremont via a shallow, turfed swale that will be integrated into the surrounding landscape.

The vegetation in the bio-retention area will provide the biological uptake of nutrients. Some infiltration through the underlying soil media will occur, thus providing treatment to runoff and is expected to remove approximately 98% of sediments and pollutants.

The swale will convey flows from the end of the piped network, with initial flow being diverted to the bio-retention area for treatment. When the bio-retention area is full, additional flows will remain in the conveyance swale and continue downstream to Lake Claremont.

The access to the existing golf course shed located in the vicinity of the proposed swales will be impacted and need to be removed and relocated by LandCorp at their cost. In addition, the existing outlet drain from the paved tennis courts in the vicinity shall be connected to the proposed swales.


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The report concludes that the additional runoff volume discharging into Lake Claremont through the proposed redevelopment and amended drainage design is minimal. The total catchment area of the project site and road upgrade is 5 ha, which equates to only 2% of the total Lake Claremont catchment area of 250 ha. Therefore the water level increase in the lake will be insignificant.

The proposed drainage upgrade for the North East Precinct Project will effectively remove frequent localised road flooding on Davis Road and Shenton Road intersection, and also provide an improved drainage for Shenton Road and the subway.

The stormwater management strategy detailed in Emerge and Associates report is consistent with a Water Sensitive Urban Design approach that fully considers the surrounding environment and sensitive receiving environment of Lake Claremont.

The proposal has also been referred to the Environmental Protection Authority (EPA) and is consistent with relevant policies and guidelines. The EPA has advised that the proposal will not be subject to the environmental impact assessment process but has determined that the potential environmental effects of the proposal could be assessed and regulated by other processes of government. A copy of EPA’s letter is attached for information.

Past Resolutions As part of the North East Precinct Project, Council at its meeting on 16 August 2011 resolves as follows:

“That Council accept the proposal by LandCorp for the storm water from the NEP area to be diverted from existing sumps to the Lake Claremont via nutrient stripping facilities subject to:

1. Stringent hydrology, hydraulic, ground water and environmental assessment; and

2. LandCorp submits a report of the above assessment and a concept plan for further consideration.”

Financial and Staff Implications All costs will be borne by LandCorp as part of the NEP project.

Policy and Statutory Implications Lake Claremont Management Plan. Stormwater Management Manual for Western Australia (DoW). Environmental Protection (Swan Coastal Lakes) Policy (Government of WA 1992). Planning Bulletin No. 64: Acid Sulfate Soils (WAPC 2007). State Planning Policy 2.9: Water Resources (WAPC 2006a).

Publicity An article could be included in the Town Talk publication.


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• Balancing the Town’s historical character with complementary, well designed development.



• Provide a responsible and well managed urban environment, with sustainable development outcomes.

People

We live in an accessible and safe community that welcomes diversity, enjoys being active and has a strong sense of belonging.

• Maintain, effectively manage and enhance the Town’s community facilities in response to a growing community.

• Create opportunities for and access to social participation and inclusion in support of community health and well being.

• Play an integral role in local safety and crime prevention.

• Develop a strategy for services and facilities for an ageing population.

• Improve the capacity of local community groups.

• Recognise and celebrate the Town’s history and culture through arts and events programs.

Environment

We are a leader in responsibly managing the build and natural environment for the enjoyment of the community and continue to provide sustainable, leafy green parks, streets and outdoor spaces.

• Strive for innovative environmental design practices in new developments and redevelopments.

• Create opportunities for varied transport options that reduce carbon emissions and other impacts of a growing town.

• Constantly seek and implement best options for waste management and water usage.


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• Provide education and communication on leading practices to the community.

• Implement sound environmental practices as reflected in the WESROC Climate Change Risk Assessment Project.

Urgency To proceed with finalising the engineering design drawings of the drainage upgrade proposal for implementation and removal of the two sumps in the NEP area without further delay.

Voting Requirements Simple majority decision of Council required. Moved Cr Haynes, seconded Cr Lorenz That Council:

1. Accepts the hydrological and environmental report dated 14 January 2014 as prepared by Emerge Associates for the management of stormwater;

2. Accepts the drainage design proposal as shown on JDSi Consulting Engineer’s Drawing No. C330 (Rev E), 331 (Rev E) and 332 (Rev A), for the removal of two stormwater sumps and drainage upgrades to divert the flows to Lake Claremont via a piped system, swale and bio-retention basin with nutrient stripping capabilities;

3. Requests LandCorp to provide a lockable gate at the end of Shenton Place to allow for truck access to maintain the gross pollutant trap; and

4. Allows the Chief Executive Officer under delegation, to determine the following matters: i) Authorise any minor amendments to the drainage strategy and

final design proposal; ii) Negotiate an agreement with LandCorp to contribute towards the

cost of maintenance of the gross pollutant trap and the bio-retention basin for the duration extending from the completion of the drainage works until the completion of the last development lot and plus an additional 12 months period after that;

iii) Negotiate an agreement with LandCorp to contribute towards the cost of servicing of the pump and the replacement of the access ladder in the pump chamber;

iv) Requests LandCorp to review the diversion length of the drainage pressure main from the subway;

v) Negotiate an agreement with LandCorp to contribute towards the removal and relocation of the golf course shed; and

vi) Requests LandCorp to provide for a drainage connection to the proposed swales from the paved tennis courts area.



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13.3.3 PROPOSED CLOSURE OF PORTION OF ROAD RESERVE BETWEEN DAVIES ROAD AND GRAYLANDS ROAD - CLAREMONT NORTH EAST PRECINCT STRUCTURE PLAN

File Ref: LND/00091 Attachment: Road Closure Plan - Composite Services Plans

Comments from Service Providers Responsible Officer: Stephen Goode

Chief Executive Officer Author: Saba Kirupananther

Executive Manager Infrastructure Proposed Meeting Date: 2 September 2014

Purpose For Council to consider requesting the Minister of Lands permanently close a portion of Shenton Road between Davies Road and Graylands Road, to enable the creation of Lots 506, 508 and 509 and facilitate the southern realignment of Shenton Road, which will progress the development of Claremont on the Park in accordance with the Claremont North East Precinct Structure Plan.

Background At the Ordinary Council Meeting (OCM) on 2 December 2008, Council adopted the North East Precinct Structure Plan, which was later endorsed by the Western Australian Planning Commission (WAPC) in June 2010. Implementation of the Structure Plan includes the realignment of a portion of Shenton Road, which in turn requires the associated closure of the existing portion.

At the OCM on 20 December 2011, Council supported the subdivision of Lot 1798 Davies Road, Lots 1 and 13936 Gugeri Street, Claremont (WAPC Application No. 145090) and a portion of Shenton Road, which was granted conditional approval by the WAPC on 22 February 2012. The approved subdivision will facilitate the creation of Lots 506, 508 and 509.

The current alignment of Shenton Road is an impediment to the creation and development of Lots 506, 508 and 509 in accordance with the approved Structure Plan and Subdivision Plan.

Discussion The proposed closure of an existing portion of Shenton Road will facilitate the creation of larger developable land parcels to the north of Shenton Road. These land parcels referred to as Lots 506, 508 and 509 will introduce a vibrant mix of commercial and residential uses around the southern frame of the Claremont Football Oval.

A key feature of the Claremont North East Precinct Structure Plan movement network is the southerly realignment of Shenton Road adjacent to the railway line, which will increase the development area in the vicinity of Claremont Football Oval and provide an edge to the railway line.


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Shenton Road will be redesigned to improve pedestrian and cyclist connectivity and facilitate additional bus services accessing the precinct from the north. Shenton Road will be designed to have one lane of traffic travelling in each direction, with parallel parking on each side of the street where possible.

As Shenton Road travels in a westerly direction, it will be realigned to a more northerly alignment, aiding a slower vehicle environment and announcing the plaza environment and key pedestrian environments.

As shown on the attached Composite Services Plans (Sheets 1 and 2), existing Western Power infrastructure, Telstra infrastructure and Water Corporation infrastructure is located within the portion of Shenton Road to be closed (refer to Attachment 2 - Composite Services Plans (Sheets 1 and 2)).

These services will be relocated to the realigned portion of Shenton Road and a range of other service infrastructure will be provided within the realigned portion at LandCorp’s expense.

Pursuant to Section 58 of the Land Administration Act 1997, an appropriate notice of advertising of the proposed road closure was published in a local newspaper (The Post) circulating throughout the Town for a period of more than 35 days from 7 June 2014 to 17 July 2014 Notice of the proposed road closure was also sent to the Water Corporation, Western Power, Telstra, ATCO Gas, NextGen, Department of Lands, and Western Australian Planning Commission.

No objections or comments were received from the general public. The Department of Planning, on behalf of the Western Australian Planning Commission, acknowledges that the closure and realignment of the road is in accordance with the Structure Plan and has no objection to the proposal.

The Water Corporation has no objection to the proposal following the re-alignment of the existing 535 millimetre water distribution main.

Western Power did not have any specific comments, however wishes to be kept informed as the proposed road closure progresses in light of the need to relocate their existing infrastructure.

Nextgen stated that they acknowledge the proposed road closure and wish to discuss the feasibility study for Nextgen underground Fibre cable along Shenton Road further. These discussions are currently underway.

ATCO Gas has no objection to the proposed road closure and has outlined development requirements that will need to be addressed as part of the scope of the proposed works.

No comments were received from the Department of Lands or Telstra.

Following the expiry of the submission period of 35 days, Council is required to consider the proposed closure of a portion of Shenton Road between Davies Road and Graylands Road in light of submissions received. As no objections were received, the Council may request the Minister to close the road as proposed.


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Past Resolutions Ordinary Council Meeting 6 May 2014, Resolution (61/14): That Council;

1. Pursuant to Section 58 of the Land Administration Act 1997 give notice of the proposal to permanently close a portion (4,701 square metres) of Shenton Road Reserve (between Davies Road and Graylands Road) as shown in green on the attached plan and

a) Publishing a notice of Council’s intention to close a portion of Shenton Road together with a plan depicting the portions of road reserve to be closed, in a newspaper circulation throughout the district;

b) Notifying the Department of Lands, Western Australian Planning Commission, Water Corporation, Western Power, Telstra, and Alinta Gas of the proposal; and

2. Considers the comments received immediately following the conclusion of the required advertising period.

LOST (61/14)

Reason: To enable administration to obtain the required assurance from LandCorp in regard to parking and its location.

Ordinary Council Meeting 20 May 2014, Resolution (66/14):

That Council 1. Pursuant to Section 58 of the Land Administration Act 1997 give notice of the

proposal to permanently close a portion (4,701 square metres) of Shenton Road Reserve (between Davies Road and Graylands Road) as shown in green on the attached plan and

a. Publishing a notice of Council’s intention to close a portion of Shenton Road together with a plan depicting the portions of road reserve to be closed, in a newspaper circulation throughout the district;

b. Notifying the Department of Lands, Western Australian Planning Commission, Water Corporation, Western Power, Telstra, and Alinta Gas of the proposal; and

2. Considers the comments received immediately following the conclusion of the required advertising period.

CARRIED (66/14) (NO DISSENT)

Financial and Staff Implications Nil.

Policy and Statutory Implications The road closure will be undertaken in accordance with Section 58 of the Land Administration Act 1997.


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Publicity No further advertising is required under Section 58 of the Land Administration Act 1997.




• Balancing the Town’s historical character with complementary, well designed development.



• Provide a responsible and well managed urban environment, with sustainable development outcomes.

Environment

We are a leader in responsibly managing the build and natural environment for the enjoyment of the community and continue to provide sustainable, leafy green parks, streets and outdoor spaces.

• Strive for innovative environmental design practices in new developments and redevelopments.

• Create opportunities for varied transport options that reduce carbon emissions and other impacts of a growing town.

• Constantly seek and implement best options for waste management and water usage.

• Provide education and communication on leading practices to the community.

• Implement sound environmental practices as reflected in the WESROC Climate Change Risk Assessment Project.

Governance and Leadership

We are an open and accountable local government that encourages community involvement and strives to keep its community well informed.

• Identify strategic partnerships that align with the Town’s vision.

• Provide and maintain a high standard of governance, accountability, management and strategic planning.


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• Focus on improved customer service, communication and consultation.

• Maintain long term financial stability and growth.

• Provide responsive and responsible leadership.

Urgency The proposed road closure should be undertaken as a matter of priority as it is a critical element in progressing the Town’s Claremont North East Precinct Structure Plan and the development of Claremont on the Park.

Voting Requirements Simple majority decision of Council required. Moved Cr Kelly, seconded Cr Brown That Council pursuant to Section 58 of the Land Administration Act 1997 resolve to request the Minister to permanently close a portion (4,701 square metres) of Shenton Road Reserve (between Davies Road and Graylands Road) as shown on the attached plan.



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14 ANNOUNCEMENTS BY THE PRESIDING PERSON

NIL

15 ELECTED MEMBERS’ MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN

NIL

15.1.1 ACKNOWLEDGEMENT OF VOLUNTEER - MS NORA BROCKMAN

That the Town of Claremont acknowledge the role of Ms Nora Brockman as a volunteer participating in the quarterly bird census conducted on behalf of the Town at Lake Claremont from 2001 until her retirement in 2014 and express its appreciation for her contribution made to one of the most significant citizen science bird data bases in Western Australia.

Reason Ms Brockman is retiring from her voluntary role and a letter of appreciation should be sent. The Town of Claremont has conducted a quarterly bird census since 1993.

CEO Comment: The motion is recommended.

Moved Cr Haynes, seconded Cr Lorenz That the Town of Claremont acknowledge the role of Ms Nora Brockman as a volunteer participating in the quarterly bird census conducted on behalf of the Town at Lake Claremont from 2001 until her retirement in 2014 and express its appreciation for her contribution made to one of the most significant citizen science bird data bases in Western Australia.



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16 NEW BUSINESS OF AN URGENT NATURE APPROVED BY THE PERSON PRESIDING OR BY DECISION OF MEETING

NIL

17 CONFIDENTIAL MATTERS FOR WHICH THE MEETING MAY BE CLOSED TO THE PUBLIC

NIL

18 FUTURE MEETINGS OF COUNCIL

Ordinary Council Meeting, 16 September 2014 at 7:00PM.

19 DECLARATION OF CLOSURE OF MEETING

There being no further business, the presiding member declared the meeting closed at 8:15PM.

Confirmed this ... .... ... ........ .... ... .... .... day of ... .... ....... .... . .... ...... 2014.

PRESIDING MEMBER

town of claremont ordinary council meeting minutes tuesday ... · town of claremont . ordinary...

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