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PD02-05/06 Modifications to Amendment No. 52 to District Planning Scheme No.2

File Ref: TPS/0052V01

File Name: BA WAPC Requested Modifications to Amendment No 52 to District Planning Scheme No 2.doc This line will not be printed Please do NOT delete

Responsible Officer: Director, Planning and Development

Disclosure of Interest: Nil

Author: Silvia Foti

Meeting Date: 16 May 2006

Attachments: 2

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Issue

To consider modifications requested by the Western Australian Planning Commission (WAPC) for final approval of Amendment No. 52 to District Planning Scheme No.2.

Background

Council, at its meeting on 17 May 2005 (refer Item PD02-05/05), resolved to prepare Amendment No.52 to DPS2, being Omnibus Amendment No.2 and advertise the amendment for a period of 42 days.

Omnibus Amendment No.2 to DPS2 comprises 17 separate proposals (refer Attachment 1). Proposal one involves rezoning the severed portion of Kingsway Reserve 28058 from ‘Parks and Recreation’ to ‘Urban Development’. The remaining 16 proposals are textual modifications to the Scheme Text that relate to the following: Commercial Zone (Clause 3.7), Building Facades (Clause 4.8), Commercial Vehicle Parking (Clause 4.23), Consideration of Structure Plans (Clause 9.6.3), Reconsideration and Appeal Rights of Structure Plans (Clause 9.12), Infrastructure Contributions (10.10.6 and 11.4.6.2), Use Class Permissibility (Table 1), Car parking (Table 2), Interpretations (Schedule 1), Signage Exemptions (Schedule 4), Special Rural Zone 18 (Schedule 13) and Rural Community Zone (Schedule 15).

A 42 day public advertising period was carried out between 5 July 2005 and 16 August 2005. At the close of advertising no submissions were received. Council therefore resolved on 20 September 2005 (item PD01-09/05) to finally adopt Amendment No. 52 to DPS2. The Amendment documents were subsequently forwarded to the WAPC for final approval.

Detail

The WAPC advised the City on 12 April 2006 that the Minister for Planning and Infrastructure had decided not to approve the above amendment until such time as modifications in relation to five of the proposals had been effected. The details of these modifications are set out in the comment section of this report.

Consultation

The proposed modifications are generally of a minor nature that do not materially alter the Amendment or cause any significant detriment to land within or abutting the Amendment area. Given the aforementioned, it is considered that the modifications do not warrant re-advertising.

Comment

The Administration has reviewed the modifications requested and provides the following comments:

1. Delete Proposal 6

Currently DPS2, in relation to Structure Plans, provides for the WAPC to convey its decision to the Council within 60 days. It was proposed to amend this subclause by providing for the WAPC to also convey its decision to the proponent of the Structure Plan. This would enable more timely advice to the proponent, rather than the City receiving notice of the WAPC decision and then conveying that decision to the proponent.

The WAPC has requested that this proposal be deleted as it considers it solely the role of the City to advise the interested parties. The rationale provided is noted and in order to prevent the delay of the overall Amendment the Administration is not opposed to deleting this proposal.

2. Delete Part (a) of Proposal 7

Proponents have a reconsideration right on the Council’s determination in relation to Structure Plans, however there is no such reconsideration right in regard to the WAPC’s determination of a Structure Plan. The proponent only has an appeal right against the WAPC decision, which is time consuming and unnecessary for minor matters. It was therefore proposed to include reference to the WAPC within Clause 9.12.1, to enable a proponent to request the WAPC reconsider its decision.

The Commission has requested that this part of the proposal be deleted as it believes that it would result in inconsistencies between Council’s that have the 'standard' structure plan provisions and would create additional administrative burden on the WAPC.

The rationale is noted and whilst it is considered that a reconsideration provision would provide administrative efficiencies for the WAPC rather than a burden, the Administration is not opposed to deleting this proposal so that the overall Amendment is not delayed.

3. Delete Proposal 8

Clause 10.10.6 outlines when the City may require East Wanneroo infrastructure contributions to be paid with sub-clause c) providing for payment at the time of granting of development approval by the Council or the Commission for the commencement of any development on land of the Owner in a Cell involving the creation or production of any new lot or residential unit. It was proposed to delete reference to ‘the creation or production of any new lot or residential unit’ as this may be misinterpreted. Deletion of this reference would have allowed the Council to collect contributions on a fair and equitable basis at the time it considers it appropriate.

The WAPC disagrees that the existing provision could be misinterpreted, and suggests that this may in fact be more likely with the City’s proposed provision. The other sub-clauses of Cl. 10.10.6 detail the various stages at which contributions are to be paid (eg prior to Council clearing a subdivision, prior to issuing a building licence, or on demand by the Council). The WAPC consider that these clauses provide the discretion Council is seeking.

The justification provided by the WAPC is noted and in order to prevent the delay of the overall Amendment the Administration is not opposed to deleting this proposal.

4. Delete Part (c) of Proposal 13

The DPS2 definition for home business – categories 2 and 3 commences as follows:

“Home business – category 2 : means an occupation carried on in a dwelling or on land around a dwelling by a resident of the dwelling which:

(a) does not entail the retail sale, outdoor display or hire of goods of any nature;

(b) does not cause injury to or prejudicially affect the amenity of the neighbourhood;

(c) etcetera follow….

Home business – category 3 : means a business, service, trade or similar activity carried on in a dwelling or on land around a dwelling by a resident of the dwelling which:

(a) does not entail the retail sale, outdoor display or hire of goods of any nature;

(b) does not cause injury to or prejudicially affect the amenity of the neighbourhood;

(c) etcetera follow…”

It was proposed to amend the definitions for home business – categories 2 and 3 to provide Council with discretion to consider home businesses involving retail sales, outdoor display and hire of goods where it is satisfied that the proposal would not adversely affect the amenity of the area surrounding the subject land. It was considered that this variation would provide flexibility for Council to consider individual cases on their merits and apply conditions to control such home businesses. For example, a home business involving administration and storage associated with retail sale or hire of goods could be considered. This amendment would provide greater flexibility to consider a broader range of home businesses in keeping with the City’s emphasis on promotion of local employment and businesses.

Accordingly, it was proposed to amend the definitions for home business – categories 2 and 3 by adding ‘…, unless Council is satisfied in the circumstances that the scale and manner in which these activities are undertaken will not cause injury to or prejudicially affect the amenity of the neighbourhood.’ at the end of point (a) and ‘otherwise’ after the word ‘not’ in point (b).

The City added this proposal to Amendment No.17 to DPS2 – First Omnibus Amendment, at the final adoption stage. However, the Minister for Planning and Infrastructure required that this proposal be deleted from the Amendment No.17, as it had not been subject to community consultation. This proposal has now undergone advertising, however the WAPC has once again requested deletion of this proposal.

The WAPC’s justification outlined that the Model Scheme Text (MST) provides for three types of 'work-at-home' uses: ie. home occupations, home offices and home businesses. Each of these includes a specific embargo on retail sales, outdoor display and hire of goods, the main reason being to protect the amenity of the residential zone in which the occupation is being carried out. The WAPC believes it would be inappropriate to make an exception for the City of Wanneroo in this regard and that any change of this nature should be addressed through a review of the MST, not on an ad-hoc Council-by Council basis.

The justification provided by the WAPC is noted and whilst Administration does not agree with the justification provided it is not opposed to deleting this proposal at this time in order to facilitate final adoption of the overall Amendment. It is however recommended that the Council write to the WAPC to express Council’s disappointment in its request to have this proposal deleted, its desire to provide greater flexibility to consider a broader range of home businesses in keeping with the City’s emphasis on promotion of local employment and businesses and to request a review of the Model Scheme Text in accordance with the Council’s proposal to allow discretion to consider home businesses that entail limited retail sales, outdoor display and hire of goods.

5. Modify Proposal 11 to reflect the car parking requirements as recommended in the Department of Educations advice dated 7 March 2006 (refer Attachment 2).

Proposal 11 was proposing to modify the number of on-site car parking spaces from ‘2 per classroom but not less than 10’ for the use classes ‘Primary School’ and ‘Secondary School’ to:

Primary School a minimum of 36 car bays for staff and visitor parking plus fourteen (14) pickup/set down bays for every 100 students or part thereof which may be provided in the road reserve.

Secondary School a minimum of 75 car bays for staff and visitor parking plus seven (7) pick up/set down bays for every 100 students or part thereof which may be provided in the road reserve.

It is also proposed to modify the number of on-site car parking spaces of a Kindergarten from ‘See Child Care Centre’ to ‘provision of a drive-in pickup/setdown facility plus eight (8) bays’.

The City was requested to seek comment from the Department of Education in this regard. The Department provided a response, which has been appended as Attachment 2. The WAPC has sought modification of the City’s proposal to reflect the requirements of the Department of Education. The requirements appear to be more onerous and somewhat clearer in terms of student numbers than that originally proposed and would serve to improve the current parking situation of our schools. Administration is therefore not opposed to making these changes.

The modifications required by the WAPC have been included into a modified version of the Amendment as set out in the recommendation. It is recommended that the changes, as described above and as reflected in the recommendation to this report, be adopted.

Statutory Compliance

The amendment process has complied with the requirements of the Town Planning Regulations.

Strategic Implications

Consideration of this scheme amendment is consistent with the goal of providing Healthy Communities under the City’s Strategic Plan and in particular, Strategy 2.2 of the Planning and Development Directorate Strategic Plan, which seeks to provide a cohesive system of integrated land use planning.

Policy Implications

Nil

Financial Implications

Nil

Voting Requirements

Simple Majority.

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Recommendation

1. MODIFIES Amendment No. 52 to District Planning Scheme No. 2 by:

a) Deleting Proposal 6 to modify Subclause 9.6.3(a) by inserting the words ‘and the proponent’ following the word ‘Council’.

b) Deleting Part (a) of Proposal 7 to modify Clause 9.12.1 by inserting the words ‘or Commission’ after the phrase ‘determination of the Council’ and replace the word ‘Council’ after the phrase ‘delivered to the’ with the words ‘appropriate body’.

c) Deleting Proposal 8 to modify Subclause 10.10.6(c) by deleting the words ‘involving the creation or production of any new lot or residential unit’.

d) Deleting Part (c) of Proposal 13 to amend the definitions of ‘Home Business – Category 2’ and ‘Home Business – Category 3 by adding ‘…, unless Council is satisfied in the circumstances that the scale and manner in which these activities are undertaken will not cause injury to or prejudicially affect the amenity of the neighbourhood.’ at the end of point (a) and ‘otherwise’ after the word ‘not’ in point (b).

e) Modify Proposal 11 by:

i) modifying the number of on-site car parking spaces from ‘2 per classroom but not less than 10’ for the use class ‘Primary School’ to ‘a minimum of 46 car bays for staff and visitor parking for the first 475 students, plus ten (10) car bays for every 100 additional students or part thereof, plus fourteen (14) pickup/set down bays for every 100 students or part thereof which may be provided in the road reserve’

ii) modifying the number of on-site car parking spaces from ‘2 per classroom but not less than 10’ for the use class ‘Secondary School’ to ‘a minimum of 60 car bays for staff and visitor parking for the first 600 students, plus ten (10) car bays for every 100 additional students or part thereof, plus seven (7) pick up/set down bays for every 100 students or part thereof which may be provided in the road reserve.’

iii) modifying the number of on-site car parking spaces from ‘see Child Care Centre’ for the use class ‘Kindergarten’ to ‘provision of a drive-in pickup/set down facility plus eight (8) bays’.

2. Pursuant to Town Planning Regulation 17(2) ADOPTS, the modified form of Amendment No. 52 to District Planning Scheme No.2 to:

A) Proposal 1

Rezone the severed portion of Reserve 28058 from ‘Parks and Recreation’ to ‘Urban Development’.

B) Proposal 2

(i) Modify Subclause 3.7.1 by inserting the words ‘or proposed’ following the words ‘is intended to accommodate existing’.

(ii) Modify Subclause 3.7.2(a) by inserting the words ‘or proposed’ following the words ‘make provision for existing’.

C) Proposal 3

(i) Renumber Clause 4.8 to Subclause 4.8.1.

(ii) Insert a new Subclause 4.8.2 to read as follows: ‘The façade or facades of all non rural and non residential development shall have incorporated in their design, integrated panels for the purpose of signage placement.’

D) Proposal 4

Modify subclause 4.23.3(b) by inserting the zone ‘Special Residential,’ before the zone ‘Special Rural’.

E) Proposal 5

(i) Modify Subclause 6.10.1 by deleting the following ‘, or the Minister’ and replacing the words ‘Town Planning Appeal Tribunal’ with ‘State Administrative Tribunal’.

(ii) Modify Subclause 6.11 by deleting the words ‘the Minister or’ after the words ‘given by’ and ‘imposed by’ and replacing the words ‘Town Planning Appeal Tribunal’ with ‘State Administrative Tribunal’.

(iii) Modify Subclause 9.12.3 by replacing the words ‘Town Planning Appeal Tribunal’ with ‘State Administrative Tribunal’.

F) Proposal 6

(i) Modify Subclause 9.12.2 by replacing ‘35’ days with ‘60’ days.

G) Proposal 7

Modify Subclause 11.4.6.2 by replacing the word ‘must’ with the word ‘should’.

H) Proposal 8

Modify Table 1 – The Zoning Table as follows:

i) Modify the use class ‘Pharmacy’ from a use not permitted ‘X’ use in the Mixed Use and Business zones to a discretionary ‘D’ use.

ii) Rename the use class ‘Mast and Antenna’ as ‘Mast or Antenna’.

I) Proposal 9

J) Proposal 10

Modify Schedule 1 – Interpretations as follows:

i) Delete the following ‘(See “communications antenna”.)’ from the definition of ‘mast or antenna’.

ii) Amend the definition ‘medical centre’ by deleting the phrase ‘and may include ancillary uses such as a pathologist, radiologist and pharmacy.’

iii) Rename the definition of ‘markets (retail)’ to ‘market (retail)’.

iv) Rename the definition of ‘motor vehicle repair’ to ‘motor vehicle repairs’

K) Proposal 11

(i) Modifying Clauses and Subclauses 1.9.1, 1.9.2, 1.9.3, 3.4.2, 4.2.1, 4.4, 4.4.1, 4.4.2, 4.4.3, 4.4.4, 4.4.6, 4.4.7, 4.5 and 4.21.1 by replacing the word ‘Planning’ before the word ‘Codes’ with the word ‘Design’;

(ii) Modifying the titles of Clauses 4.4 and 4.5 and titles in the Contents Page of Clauses 4.4 and 4.5 by replacing the word ‘Planning’ before the word ‘Codes’ with the word ‘Design’;

(iii) Replacing the word ‘Planning’ before the word ‘Codes’ with the word ‘Design’ in the definition of ‘Residential building’ and ‘Codes’ in Schedule 1.

L) Proposal 12

(i) Amending Schedule 4(a) by replacing the words ‘provisions of the Signs Local Law’ with ‘requirements of the City’s Signs Local Planning Policy’.

(ii) Amending Schedule 4(c) by replacing the figure ‘1.2m²’with ‘2m²’.

(iii) Amending Schedule 4(g) by inserting the following words ‘not exceeding 50% of the glazed area of any one window or 10m² in aggregate area per tenancy, whichever is the lesser,’ after the word ‘window’.

(iv) Amending Schedule 4(m) by inserting the following words ‘measuring up to 3m in height and 3m² in area,’ after the words ‘rural producer’s sign’.

(v) Amending Schedule 4 by adding the following additional exemptions:

‘(t) an election sign which is:

(i) erected on private property with the approval of the owner of that property, where such approval has been obtained prior to the erection of the election sign;

(ii) not in excess of 0.75m² in area per property, except a corner property which may display one sign facing each thoroughfare of the corner;

(iii) erected not more than 28 days prior to the date of the election to which it relates;

(iv) erected in accordance with the restriction provisions of Clause 16 of the Signs Local Law 1999;

(v) removed within 7 days of the date of the election.

(u) a sign permanently affixed or painted on a vehicle to identify a company, business, service or product supplied or sold by that company.’

M) Proposal 13

Amending Special Provision No.11 of Special Rural Zone No.18 in Schedule 13 by adding the following ‘with the exception of a post and wire boundary fence.’ after the word ‘zone’.

N) Proposal 14

Modifying Special Provision No.1.1.3 of Rural Community Zone No.1 of Schedule 15 by inserting the words ‘Ancillary Accommodation,’ after the phrase ‘Home Business – Categories 1, 2 & 3,’.

3. Pursuant to Town Planning Regulations 22 and 25 (a) (g) AUTHORISES the affixing of the common seal to, and endorses the signing of, the modified amendment documentation.

4. FORWARDS the modified amendment documentation to the Western Australian Planning Commission for its consideration requesting the Hon Minister for Planning and Infrastructure grant final approval to the amendment.

5. WRITES to the Western Australian Planning Commission to express its disappointment in the Commission’s request to have proposal 13 c) relating to home businesses deleted from the Amendment, emphasising its desire to provide greater flexibility to consider a broader range of home businesses in keeping with the City’s desire to promote local employment and businesses and requesting a review of the Model Scheme Text in accordance with the Council’s proposal to allow discretion to consider home businesses that entail limited retail sales, outdoor display and hire of goods. In addition, it expresses its disappointment that some of the proposals that Council were seeking to introduce to improve customer service have been viewed by the Western Australian Planning Commission as administrative burdens and therefore have not been supported.

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ATTACHMENT 1

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Amendment No.52 To District Planning Scheme No. 2
– Omnibus Amendment No.2

This second Omnibus Amendment involved seventeen (17) individual proposals, with particulars of each outlined below.

Proposal 1: The severed portion of Reserve 28058, Madeley

This proposal involves the rezoning of the adjoining severed portion of Reserve 28058 from Local Scheme Reserve ‘Parks and Recreation’ to ‘Urban Development’.

In March 2004, Council resolved to change the purpose of a portion of Kingsway Reserve (Reserve 28058) from recreation to dedicated road and drainage and to cancel the portion of Kingsway Reserve that would be severed by the proposed Skeit Road alignment, making the land available for purchase by the City. The City has proceeded to create this severed portion as a freehold lot and has sought comment from the Department for Planning and Infrastructure (DPI). Comments received from DPI have raised no objection subject to the rezoning of the subject land from ‘Parks and Recreation’ to ‘Urban Development’ under the City’s Scheme. This will allow for the future use of the land to be considered under the Cell 6 Agreed Structure Plan.

Accordingly, the City proposes to amend DPS2 by rezoning the severed portion of Reserve 28058 from ‘Parks and Recreation’ to ‘Urban Development’.

Proposal 2: Clause 3.7 – The Commercial Zone

Clause 3.7.1 and 3.7.2 of DPS2 outlines the intended use and objectives of the Commercial Zone to accommodate existing shopping and business centres. Currently, the Commercial Zone does not accommodate proposed shopping and business centres. The Centre Zone is currently used for proposed shopping and business centres.

The Centre zone requires preparation of a structure plan prior to development proceeding. On small sites/landholdings identified for shopping or business centres, this requirement is onerous and often unnecessary. In such cases, by applying a Commercial zoning to these sites the need for the preparation of a structure plan can be avoided and development can be adequately considered through the normal development approval processes.

It is therefore proposed to:

a) Modify Subclause 3.7.1 by inserting the words ‘or proposed’ following the words ‘is intended to accommodate existing’; and

b) Modify Subclause 3.7.2(a) by inserting the words ‘or proposed’ following the words ‘make provision for existing’.

ATTACHMENT 1

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Proposal 3: Clause 4.8 – Building Facades

The City’s Signage Strategy and Signs Local Planning Policy, adopted by Council at its 26 April 2005 meeting, highlighted the importance of signage being integrated with the building design. It is proposed to renumber Clause 4.8 to Subclause 4.8.1 and insert a new Subclause - Subclause 4.8.2 to incorporate provision for the integration of signage into all non rural and non residential building facades as follows:

The facade or facades of all non rural and non residential development shall have incorporated in their design, integrated panels for the purpose of signage placement.

This will ensure property developers and designers give consideration and make provision for signage panels prior to development and will avoid landowners/tenants attempting to retro-fit buildings with signage that may not complement and integrate with the design of the building. This proposal is consistent with adopted Recommendation 2 of the Signage Strategy.

Proposal 4: Subclause 4.23.3(b) – Commercial Vehicle Parking

Clause 4.23 of DPS2 deals with Commercial Vehicle Parking. Clause 4.23.1 identifies zones in which the Council may consider granting approval to park a commercial vehicle. Special Residential is identified as one of the zones in which a commercial vehicle may be parked if in accordance with the provisions set out in either subclause 4.23.2 or 4.23.3. Clause 4.23.3 (b) does not specify where a commercial vehicle may be parked on a Special Residential lot. It is considered most appropriate for a commercial vehicle on a Special Residential lot to be parked where it is not readily visible from beyond the property boundaries and located within the building envelope (if applicable) and behind the building setbacks, with adequate screening or alternatively parked within a garage.

It is therefore proposed to:

Modify subclause 4.23.3(b) by inserting the zone ‘Special Residential,’ before the zone ‘Special Rural’.

Proposal 5: State Administrative Tribunal

Legislation to introduce a new planning appeals system was promulgated on 18 April 2003. The new legislation abolished the right to appeal to the Minister for Planning and Infrastructure and introduced a revised process associated with appeals to the Town Planning Appeal Tribunal.

On 1 January 2005 the Town Planning Appeals Tribunal ceased to operate and was replaced by the State Administrative Tribunal. All planning appeals are now made to the State Administrative Tribunal.

It is therefore proposed to:

a) Modify Subclause 6.10.1 by deleting the following ‘,or the Minister’ and replacing the words ‘Town Planning Appeal Tribunal’ with ‘State Administrative Tribunal’.

ATTACHMENT 1

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b) Modify Subclause 6.11 by deleting the words ‘the Minister or’ after the words ‘given by’ and ‘imposed by’ and replacing the words ‘Town Planning Appeal Tribunal’ with ‘State Administrative Tribunal’.

c) Modify Clause 9.12.3 by replacing the phrase ‘Town Planning Appeal Tribunal’ with ‘State Administrative Tribunal’.

This will ensure the terms and references of DPS2 reflect current legislation.

Proposal 6: Subclause 9.6.3(a) – Consideration of a Structure Plan by the WAPC

Currently the Scheme, in relation to Structure Plans, provides for the Commission to convey its decision to the Council within 60 days. It is proposed to amend this subclause to provide for the Commission to also convey its decision to the proponent of the Structure Plan. Advice from the Commission can then be forwarded directly to the proponent, rather than the City being required to advise the proponent of the Commission’s decision.

This proposal involves:

Modifying Subclause 9.6.3(a) by inserting the words ‘and the proponent’ following ‘Council’.

Proposal 7: Clause 9.12 – Reconsideration and Appeal of Structure Plans

Proponents have a reconsideration right on the Council’s determination in relation to Structure Plans, however there is no such reconsideration right in regard to the WAPC’s determination of a Structure Plan. The proponent only has an appeal right against the WAPC decision on a Structure Plan, which is time consuming and unnecessary for minor matters. It is therefore proposed to include reference to the WAPC within Clause 9.12.1, to enable a proponent to request the WAPC reconsider its decision.

In relation to reconsiderations of decisions or determinations made or requirements imposed upon Structure Plans, only decisions or determinations made or requirements imposed within 35 days of a request being made, shall be the decision, determination or requirement of the Council. If made outside of the 35 day period the original determination will remain. Thirty five (35) days in many cases may be insufficient, particularly where requests may need to be forwarded to Council or require detailed consideration by Administration. Sixty (60) days is considered to be a more appropriate time period.

This proposal involves:

a) Modify Clause 9.12.1 by inserting the words ‘or Commission’ after the phrase ‘determination of the Council’ and replace the word ‘Council’ after the phrase ‘delivered to the’ with the words ‘appropriate body’.

b) Modifying Subclause 9.12.2 by replacing ‘35’ days with ‘60’ days.

ATTACHMENT 1

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Proposal 8: Subclause 10.10.6 - Payment of Infrastructure Contributions

Clause 10.10.6(c) requires infrastructure costs related to Cell Costs to be paid at the time of granting of development approval by the Council or the Commission for the commencement of any development on land of the Owner in a Cell involving the creation or production of any new lot or residential unit. It is proposed to delete reference to the creation or production of any new lot or residential unit as this may be misinterpreted. Deletion of this reference will allow the Council to collect contributions on a fair and equitable basis at the time it considers it appropriate.

This proposal involves:

Modifying Subclause 10.10.6(c) by deleting the words ‘involving the creation or production of any new lot or residential unit’.

Proposal 9: Subclause 11.4.6.2 – Pedestrian Crossings

Clause 11.4.6.2 requires pedestrian crossings (underpasses) to be constructed at the same time as construction of District Distributor Roads in the Clarkson-Butler Planning District. This has not always been possible. The Draft Clarkson-Butler Pedestrian Crossing Review Study has proposed traffic lights in various locations, instead of underpasses. Traffic lights are usually provided at a later time period, as such traffic lights should not have to be erected at the same time that the District Distributor Road is constructed.

This proposal involves:

Modifying Subclause 11.4.6.2 by replacing the word ‘must’ with the word ‘should’.

This would accommodate such instances and allow pedestrian crossings to be constructed at the appropriate time.

Proposal 10: Table 1 – The Zoning Table

With the introduction of DPS2, a ‘Single House’ was introduced as a discretionary use in the Rural Resource, General Rural, Special Rural and Rural Community Zone. This has required a planning application for development of a Single House and/or ancillary uses such as sheds, garages, pools, patios, extensions etc within these zones. Landowners are required to apply for both a Planning Application and a Building Licence for such development, incurring two fees and often a delay in application processing times. Such applications are generally minor in nature, have little impact on the amenity of the Rural areas and generally comply with the provisions of DPS2. By modifying the use class permissibility of a Single House to permitted ‘P’ in these zones, applicants will avoid the need for a planning application and payment of a planning fee and the City will improve the efficiency of its approval processes.

It is proposed to modify Table 1 as follows:

a) Modify the use class ‘Single House’ from a discretionary ‘D’ use in the Rural Resource, General Rural and Special Rural to a permitted ‘P’ use.

ATTACHMENT 1

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A ‘Pharmacy’ has been excluded from Mixed Use and Business zones as it has been defined in Planning Land Use Category 5 – Shop/Retail (PLUC 5) of the WA Standard Land Use Classification. DPS2 therefore categorises a Pharmacy similar to the use class ‘Shop’. Pharmacies have therefore been excluded (as ‘X’ not permitted uses) from zones that typically accommodate Medical Centres.

While the definition of Medical Centre currently incorporates incidental uses such as a pharmacy, the medical and pharmaceutical industry prevents the commercial ancillary relationship that DPS2 seeks to create between the two uses. It is therefore considered appropriate to modify the use class ‘Pharmacy’ from a use not permitted ‘X’ use in the Mixed Use and Business zones to a discretionary ‘D’ use. This will enable a Pharmacy to locate adjacent to a Medical Centre that are most commonly located in Business Zones.

It is proposed to modify Table 1 – The Zoning Table as follows:

a) Modify the use class ‘Pharmacy’ from a use not permitted ‘X’ use in the Mixed Use and Business zones to a discretionary ‘D’ use.

Amendment No.17 deleted the interpretation of ‘Communications Antenna – Domestic’ and ‘Communications Antenna – Commercial’ replacing it with the interpretation ‘Mast or Antenna’.

However, Table 1 of DPS2 still refers to ‘Mast and Antenna’. This proposal involves modifying Table 1 as follows:

a) Replace the use class ‘Mast and Antenna’ with ‘Mast or Antenna’.

This will provide consistency with the Schedule 1 Interpretation of ‘Mast or Antenna’.

Proposal 11: Subclause 3.17.2(h) – Rural Resource Zone

Subclause 3.17.2(h) currently reads as follows:

“In the Rural Resource Zone, erection of a single house shall be subject to Planning Approval as contemplated under subclause 6.1.1 of this Scheme. Subclause 6.1.3(b) does not apply in this zone.”

As a result of proposed modification 10 (a) above, which seeks to modify the use class ‘Single House’ from a ‘D’ use to a ‘P’ use in the Rural Resource Zone, subclause 3.17.2(h) becomes redundant and will require deletion.

This proposal involves deleting subclause 3.17.2(h) and renumbering Subclauses 3.17.2(i), (j) and (k) to 3.17.2(h), (i) and (j) respectively.

ATTACHMENT 1

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Proposal 12: Table 2 – Car Parking

Table 2 currently outlines requirements for car parking. The current requirement for Primary Schools and Secondary Schools is two car parking spaces per classroom. This is insufficient to cater for the car parking needs associated with primary and secondary schools within the City. The current requirement makes no provision for pick up/set down facilities, off street car parking, embayed parking surrounding school sites or for visitor parking.

A taskforce committee that included representatives from the Police Department, the then Department of Planning and Urban Development, Ministry of Education, WA Municipal Association, WA Council of State School Organisations and Main Roads issued a report in 1992 entitled: “Task Force on Road Safety at Schools Report 1992’. This report outlines development standards for Primary and Secondary Schools and includes provisions related to car parking.

The parking requirements of this Task Force Report are often referred to by Administration and applicants are encouraged to meet the car parking requirements of this Report in an attempt to improve parking facilities for new schools. The requirements prescribed in this Report are considered the most appropriate for school site development.

It is therefore proposed to:

Modify the number of on-site car parking spaces from ‘2 per classroom but not less than 10’ for the use class ‘Primary School’ and ‘Secondary School’ to ‘as per Appendix F of the Task Force on Road Safety at Schools Report 1992’.

Proposal 13: Schedule 1 - Interpretations

Several modifications are proposed to Schedule 1 as follows:

a) Deletion of the last phrase contained in brackets of the definition ‘mast or antenna’.

The definition reads as follows:

mast or antenna : means any mast, aerial, satellite dish and other associated equipment used for the transmission or reception of radio or television signals or for other electronic communications. A television antenna on a dwelling roof being consistent with the predominant style and size of television antenna on other dwellings in the locality is not included, provided its vertical and horizontal dimensions do not exceed two metres. (See “communications antenna”.)

Amendment No.17 to DPS2 deleted the definition of ‘communications antenna – domestic’ and ‘communications antenna – commercial’. The definition of mast or antenna therefore requires modification to delete reference to ‘(See “communications antenna”.)’.

b) Amend the definition ‘medical centre’ by deleting the phrase ‘and may include ancillary uses such as a pathologist, radiologist and pharmacy.’

ATTACHMENT 1

Page 7 of 10

The definition reads as follows:

medical centre : means premises accommodating two or more consulting rooms and may include ancillary uses such as a pathologist, radiologist and pharmacy.

The medical and pharmaceutical industry prevents a commercial relationship between a Pharmacy and a Medical Centre. With the proposed modification of the use class ‘Pharmacy’ from an ‘X’ use to a ‘P’ use in the Mixed Use, Business and Commercial Zone, the importance of retaining a pharmacy in the definition of Medical Centre becomes redundant.

In addition, a pathologist and a radiologist are typically classified under the use class ‘consulting room’ and as such reference to these uses as ‘ancillary uses’ is incorrect and unnecessary.

c) Amend the definitions of ‘Home Business – Category 2’ and ‘Home Business – Category 3’ by adding ‘…, unless Council is satisfied in the circumstances that the scale and manner in which these activities are undertaken will not cause injury to or

prejudicially affect the amenity of the neighbourhood.’ at the end of point (a) and ‘otherwise’ after the word ‘not’ in point (b).

The Scheme definition for home business – categories 2 and 3 commences as follows:

Home business – category 2 : means an occupation carried on in a dwelling or on land around a dwelling by a resident of the dwelling which:

(a) does not entail the retail sale, outdoor display or hire of goods of any nature;

(b), (c) etcetera follow….

Home business – category 3 : means a business, service, trade or similar activity carried on in a dwelling or on land around a dwelling by a resident of the dwelling which:

(a) does not entail the retail sale, outdoor display or hire of goods of any nature;

(b), (c) etcetera follow…

It is proposed to amend the definitions for home business – categories 2 and 3 to provide Council with discretion to consider home businesses involving retail sales, outdoor display and hire of goods where it is satisfied that the proposal will not adversely affect the amenity of the area surrounding the subject land. It is considered that this variation will provide flexibility for Council to consider individual cases on their merits and apply conditions to control such home businesses. For example, a home business involving administration and storage associated with retail sale or hire of goods would be able to be considered. This amendment would provide greater flexibility to consider a broader range of home businesses in keeping with the City’s emphasis on promotion of local employment and businesses.

Accordingly, it is proposed to amend the definitions for home business – categories 2 and 3 by adding ‘…, unless Council is satisfied in the circumstances that the scale and manner in which these activities are undertaken will not cause injury to or prejudicially affect the amenity of the neighbourhood.’ at the end of point (a) and ‘otherwise’ after the word ‘not’ in point (b).

ATTACHMENT 1

Page 8 of 10

The City added this proposal to Amendment No.17 to DPS2 – First Omnibus Amendment, at the final adoption stage. However, the Minister for Planning and Infrastructure required that this proposal be deleted from the Amendment No.17, as it had not been subject to community consultation. The proposal will be advertised in this new Amendment No.52.

d) Rename the definition of ‘markets (retail)’ to ‘market (retail)’.

This will provide consistency with the use class of ‘market (retail)’ listed in Table 1 – The Zoning Table.

e) Rename the interpretation of ‘motor vehicle repair’ to ‘motor vehicle repairs’.

This will provide consistency with the use class of ‘motor vehicle repairs’ listed in Table 1 – The Zoning Table.

Proposal 14: Residential Design Codes

The Residential Planning Codes (1991) was superceded by the Residential Design Codes of Western Australia in October 2002. All references to the Residential Planning Codes need to be updated to reflect the Residential Design Codes.

This proposal involves:

a) Modifying Clauses and Subclauses 1.9.1, 1.9.2, 1.9.3, 3.4.2, 4.2.1, 4.4, 4.4.1, 4.4.2, 4.4.3, 4.4.4, 4.4.6, 4.4.7, 4.5 and 4.21.1 by replacing the word ‘Planning’ before the word ‘Codes’ with the word ‘Design’;

b) Modifying the titles of Clauses 4.4 and 4.5 and titles in the Contents Page of Clauses 4.4 and 4.5 by replacing the word ‘Planning’ before the word ‘Codes’ with the word ‘Design’;

c) Replacing the word ‘Planning’ before the word ‘Codes’ with the word ‘Design’ in the definition of ‘Residential building’ and ‘Codes’ in Schedule 1.

Proposal 15: Schedule 4 - Exempted Advertisements

Council resolved on 26 April 2005 to finally adopt the Signs Local Planning Policy and the Signage Strategy Actions. The proposed amendments to Schedule 4 are proposed in accordance with Recommendation 3 of the City’s Signage Strategy and as endorsed by Council.

This proposal therefore involves:

a) Amending Schedule 4(a) by replacing the words ‘provisions of the Signs Local Law’ with ‘requirements of the City’s Signs Local Planning Policy’.

b) Amending Schedule 4(c) by replacing the figure ‘1.2m²’with ‘2m²’.

ATTACHMENT 1

Page 9 of 10

c) Amending Schedule 4(g) by inserting the following words ‘not exceeding 50% of the glazed area of any one window or 10m² in aggregate area per tenancy, whichever is the lesser,’ after the word ‘window’.

d) Amending Schedule 4(m) by inserting the following words ‘measuring up to 3m in height and 3m² in area,’ after the words ‘rural producer’s sign’.

e) Amending Schedule 4 by adding the following additional exemptions:

‘(t) an election sign which is:

(i) erected on private property with the approval of the owner of that property, where such approval has been obtained prior to the erection of the election sign;

(ii) not in excess of 0.75m² in area per property, except a corner property which may display one sign facing each thoroughfare of the corner;

(iii) erected not more than 28 days prior to the date of the election to which it relates;

(iv) erected in accordance with the restriction provisions of Clause 16 of the Signs Local Law 1999;

(v) removed within 7 days of the date of the election.

(u) a sign permanently affixed or painted on a vehicle to identify a company, business, service or product supplied or sold by that company.’

Proposal 16: Schedule 13 – Special Rural Provisions

Special Provision 11 of Special Rural Zone No.18 in Schedule 13 reads as follows:

‘Except with the approval of the Council, no fencing outside of the building envelope shall be constructed within the land the subject of this zone.’

This clause would preclude erection of a boundary fence in Special Rural Zone 18 (Emerald Valley Estate, Bailey Road Carabooda). This is considered too restrictive. It is therefore proposed to allow erection of a boundary fence of post and wire. Post and wire fencing will ensure that the rural character of this area is preserved.

This proposal involves:

Amending Special Provision 11 of Special Rural Zone No.18 in Schedule 13 by adding the following ‘with the exception of a post and wire boundary fence.’ after the word ‘zone’.

ATTACHMENT 1

Page 10 of 10

Proposal 17: Schedule 15 – Rural Community Provisions

At its 22 February 2005 meeting, Council adopted for final approval Amendment No.49 that sought to modify the use class Ancillary Accommodation from an ‘X’ use to a ‘D’ use in the General Rural, Rural Resource, Special Rural and Special Residential zones. The Rural Community Zone can be likened to a Special Rural zone. For consistency across all of the City’s rural areas, it is considered appropriate to allow Ancillary Accommodation as a ‘D’ use in the Rural Community Zone.

This proposal involves:

Modifying Special Provision No.1.1.3 Rural Community Zone No.1 of Schedule 15 by inserting the words ‘Ancillary Accommodation,’ after the phrase ‘Home Business – Categories 1, 2 & 3,’.

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Development Applications

PD03-05/06 Proposed Child Care Centre - Lot 1 (10) Viridian Drive Banksia Grove

File Ref: P16/0694V01

File Name: EA child care centre lot 1 10 viridian drive banksia grove.doc This line will not be printed Please do NOT delete

Responsible Officer: Director, Planning and Development

Disclosure of Interest: Nil

Author: Mandy Sherring

Meeting Date: 16 May 2006

Attachments: 3

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Issue

To consider an application for a child care centre on Lot 1 (10) Viridian Drive, Banksia Grove.

Applicant	Sagevale Pty Ltd
Owner	Child Care Construction Pty Ltd
Location	Lot 1 (10) Viridian Drive, Banksia Grove
Site Area	2524 square metres
DPS 2 Zoning	Business

Background

The subject lot was created from the subdivision of Lot 510 and 533 Grasstree Bend, Banksia Grove. The land was subdivided after the adoption of the Banksia Grove Agreed Structure Plan No.50, which identifies the site within the Business Zone.

Detail

Proposal

The subject site is located on Viridian Drive, approximately 78 metres from the intersection of Tumbleweed Drive. The proposed Banksia Grove Primary School adjoins the site to the north. Plans for the Primary School where supported by the City in February 2006 and clearing in preparation for construction has recently been undertaken. The lot to the south is proposed to be a place of worship and to the east is the Banksia Grove Community Centre (refer Attachments 1 and 2).

The proposed centre comprises a building to accommodate 82 children aged between six weeks and five years old, together with 14 staff. The centre has two outdoor play areas and a 24 bay car parking area. The internal layout of the proposed building has four activity rooms and facilities such as a kitchen, laundry, sleeping rooms, staff room and a reception area (refer Attachment 3). Operating hours of the centre are proposed to be from Monday to Friday between 7.00am and 7.00pm.

Compliance

The subject site is located within the Business Zone and the proposed use is classed as a discretionary use within this zone. Compliance with the development standards outlined within the City’s District Planning Scheme No. 2 (DPS2) and Child Care Centres Policy is summarised as follows:

Development Standard	Required	Proposed
Setbacks Front (Viridian Drive) Side (North) Side (South) Rear (East)	6.0 metres Nil Nil Nil	26.8 metres 1.5 metres to wall of Centre and nil to shade structure 1.5 metres to wall of Centre and nil to shade structure Nil setback to shade structures
Open Space Landscaping strip Overall	3.0 metres 8% - 202m²	3.0 metres 33% 837m² min
Car Bays	24 bays	24 bays

Consultation

The application was advertised for 21 days by way of an on-site sign and letters to adjoining landowners. At the conclusion of the advertising period one objection was received from residents of a nearby dwelling. A summary of the issues raised by the objector together with an Administration comment on each is set out below:

Issue 1

Vehicles entering the car park from Viridian Drive (which is one of the major arteries of our suburb) will cause congestion on this road. This will affect us getting onto Viridian Drive quite considerably especially for workers going to work at the time when children are being dropped off. The car park entrance is located near the bottom of the corner of Viridian and Retreat Green, which is our only exit point. The entrance should be in the cul-de-sac near the community centre.

Comment

The majority of the traffic movements to and from the centre will occur during the morning and afternoon peak periods, however Viridian Drive and its associated intersections will operate well below capacity and can accommodate the additional volumes that are expected as a result of the proposed centre, without any significant reduction in intersection level of service. The subject site only has a frontage to Viridian Drive and therefore access cannot be obtained from alternative streets.

Recommendation

That this issue be dismissed.

Issue 2

There is a bus stop near the driveway which will make the current problem with the buses stopping escalate. We have previously requested that the bus stop be moved back to where there is a safe inlet where the future primary school is to be built.

Comment

A bus stop and shelter is located approximately 17 metres south of the subject lot. It is not considered that there is any conflict between the location of the bus stop and the access arrangements to the centre. Child care centres are preferably located on public transport routes to improve means of accessibility for staff and patrons.

Recommendation

That this issue be dismissed.

Issue 3

Noise from the 82 children and 14 staff will affect shift workers like myself getting any sleep/rest. We already can hear the children at recess and lunch at the primary school, which is a lot further away.

Comment

Given the differing ages of the children, it is envisaged that not all children will use the outdoor play areas at any one time. The centre is designed such that outdoor play areas are at the rear of the building, away from residential properties on the western side of Viridian Drive. Non residential properties abut the north, south and eastern boundaries of the site. An acoustic report has been received from Herring Storer Consultants, which indicates both activities and mechanical equipment operation will comply with the requirements of the Environmental Protection Act (Noise) Regulations 1997.

Recommendation

That this issue be dismissed.

Issue 4

The idea of a child care facility in this particular area was never disclosed by the original developer.

Comment

The ASP zoned the subject site ‘Business’ was subject to community consultation prior to adoption. A child care centre use is consistent with a Business zone. There is no requirement for land subdivider to indicate specific future uses, rather for the City to determine the appropriateness of a proposed use based on the individual merit of the proposal and having regard for a range of factors including the zoning of the property and the likely impact on amenity.

Recommendation

That this issue be dismissed.

Comment

The application has been assessed against the City’s Child Care Centres Policy requirements and the following comments are noted:

Road Hierarchy

The proposed child care centre is located on the eastern side of Viridian Drive, approximately 78 metres from the intersection with Tumbleweed Drive, Banksia Grove. The City’s Child Care Centres Policy states that centres should be located on Local Distributor Roads. The proposed location complies with this requirement. The current daily traffic counts collected by the City for Viridian Drive is approximately 1250 vehicles per day (vpd) for April 2005, which is considerably under the 3000 vpd limit for this standard of road. A traffic impact statement prepared by Transcore Engineering Consultants indicates the proposal will not result in an adverse impact on traffic volumes and movements in the location.

Neighbouring Uses

The City’s Child Care Centres Policy states that it is preferable for child care centres to be located adjacent to non-residential uses wherever possible to minimise the impact on residential uses. The subject site is zoned ‘Business’ and a child care centre is a discretionary use within this zone. The subject site is located adjacent to the proposed Banksia Grove Primary School on the northern side, and a vacant ‘Business’ zoned lot on the southern boundary (currently owned by the Jehovah’s Witness Congregation), on the eastern boundary is the Banksia Grove Community Centre and on the western side of Viridian Drive are three residential zoned properties, of which all front and have access from the adjacent cul-de-sac, Shelter Cove.

Amenity

The City’s Policy requires applicants to provide an acoustic report to establish if there will be a nuisance from noise to adjacent landowners. An acoustic report has been received from Herring Storer Consultants, which indicates activities and mechanical equipment operation will comply with the requirements of the Environmental Protection Act (Noise) Regulations 1997. The layout of the proposed centre is such that the location of play areas and access to courtyards is on the eastern side of the property behind the proposed development and well away from the three residential properties on the western side of Viridian Drive. The proposed child care centre is directly adjoining non residential uses on the north, east and south.

Statutory Compliance

The application complies with the statutory requirements of DPS2 and the requirements of the City’s Child Care Centre Local Planning Policy.

Strategic Implications

Consideration of the Child Care Centre is consistent with Goal 2 of the City’s Strategic Plan, which seeks to foster an identity that promotes lifestyle choice and the provision of quality services and infrastructure.

Policy Implications

The application is consistent with the City’s Child Care Centres Policy.

Voting Requirements

Simple Majority.

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Recommendation

That Council APPROVES a Child Care Centre on Lot 1 (10) Viridian Drive, Banksia Grove for a maximum of 82 children in accordance with the plans attached to and forming part of this report and subject to the following conditions:

1. A sign in accordance with the City’s specification being placed on site within fourteen days of the date of this approval, stating that approval has been granted; such sign to remain until the development is completed.

2. A maximum of 82 children and 14 staff are permitted within the premises at any one time.

3. The proposed service court shall be relocated in a manner that reduces its visual impact when viewed from Viridian Drive to the satisfaction of the Manager Planning Services. The agreed modifications shall be included within the building licence submission.

4. Proposed levels of all development shall be designed to the satisfaction of the Manager Planning Services. The existing and proposed levels shall be included within the building licence submission.

5. The lodging of detailed landscape plans, to the satisfaction of the Manager Planning Services, for the development site and the adjoining road verge(s) with the Building Licence Application.

6. Landscaping and reticulation to be established in accordance with the approved plans prior to the development first being occupied and thereafter maintained to the satisfaction of the Manager Planning Services.

7. The parking bay/s, driveway/s and points of ingress and egress to be designed in accordance with the Australian Standard for Off street Carparking (AS2890) unless otherwise specified by this approval. Such areas are to be constructed, drained, marked and thereafter maintained to the satisfaction of the Manager Planning Services prior to the development first being occupied.

8. The crossover shall be designed and located to achieve a 0.5 metre separation from the existing Western Power dome and 1.0 metre separation from the existing street sign. The street sign shall be relocated, if necessary, to achieve these separation distances.

9. An onsite stormwater drainage system with the capacity to contain a 1:100 year storm of a 24-hour duration is to be provided prior to the development first being occupied and thereafter maintained to the satisfaction of the Manager Planning Services. The proposed stormwater drainage system is required to be shown on the Building Licence submission and be approved by the City prior to the commencement of construction.

10. The pathway proposed along the southern side of the car park shall be extended to the existing path within the Viridian Drive road reserve to the satisfaction of the Manager Planning Services prior to the development first being occupied.

11. The car parking area shall be provided with one shade tree for every four (4) bays prior to the development first being occupied. The trees shall be located within tree wells protected from damage by vehicles and maintained to the satisfaction of the Manager Planning Services.

12. Any roof mounted or freestanding plant or equipment, such as air conditioning units, to be located and/or screened so as not to be visible from beyond the boundaries of the development site.

13. All fencing shall be installed in accordance with the City's Local Laws prior to the occupation of the building.

14. Retaining walls are to be provided where the angle of natural repose of the soil cannot be maintained. Drawn details, signed by a practising Structural Engineer, must be submitted for approval.

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Other Matters

PD04-05/06 Closure of Part of the Mather Drive Road Reserve, Neerabup

File Ref: R23/0004V01

File Name: HA Closure of Part of Mather Drive Road Reserve Neerabup .doc This line will not be printed dont delete

Responsible Officer: Director, Planning and Development

Disclosure of Interest: Nil

Author: T Neale

Meeting Date: 16 May 2006

Attachments: 1

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Issue

To consider the permanent closure of the Mather Drive road reserve, north of Pederick Road, Neerabup.

Background

Mather Drive, Neerabup was created in 1976 by subdivision of the City of Wanneroo land holding at Lot 4 Flynn Drive. Lot 4 was purchased by the City with a view to its long-term development potential and the City subsequently undertook a first stage subdivision of approximately 27.5 hectares on the corner of Flynn Drive and Mather Drive.

Lot 4 is now covered by the Agreed Neerabup Industrial Area (NIA) Structure Plan. As part of the preliminary subdivision planning for the NIA, the City in consultation with LandCorp, as the other major landholder in the NIA, proposes to amend the alignment of Mather Drive, north of Pederick Road (refer Attachment 1). The new alignment is consistent with the structure plan and would include a rationalisation of both the City and LandCorp property boundaries adjoining Mather Drive, being Lot 4 and Lot 1002 respectively.

Detail

Mather Drive is the main entry road servicing the existing first stage industrial area and is constructed between Flynn Drive and Pederick Road. Beyond Pederick Road, the existing 40 metre wide road reserve extends 600 metres in a north-easterly direction, but is not constructed.

It is unclear why this alignment was selected for Mather Drive, but it may be that it was to follow lower contour levels. It is apparent however that the alignment north of Pederick Road is impractical and a more northerly alignment and reduced width would provide the opportunity to rationalise the property boundaries and create more regular shaped lots within the NIA. The proposed land exchanges to effect the rationalisation of boundaries is being undertaken on an equal area basis to ensure there is no financial implication associated with the transaction.

The indicative road network depicted in the NIA Structure Plan reflects a standard grid pattern, generally with a north/south and east/west alignment for local roads, including the extension of Mather Drive.

At its meeting held on 31 January 2006 (item CS04-01/06), Council authorised the giving of public notice of the proposed closure of part of the existing Mather Drive road reserve under Section 58 of the Land Administration Act 1997.

Consultation

Public notification of the requested closure was given in the “Wanneroo Times” newspaper on 28 March 2006. No submissions were received in the 35 days submission period.

The only landowners who are affected by the proposal are the City of Wanneroo and LandCorp, who are the joint proponents of the road closure and realignment.

The relevant public utilities were consulted and it has been ascertained that the no service plant is affected by the proposal.

Comment

There is no critical reason why Mather Drive should be continued on its existing alignment. A realignment and reduction in width is in accordance with the Agreed NIA Structure Plan and provides the best planning and engineering solution for dealing with the future development of the NIA.

Statutory Compliance

The closure of road reserves is effected under Section 58 of the Land Administration Act 1997, which provides that a local government may resolve to request the Minister for Lands to close a road after it has given 35 days public notification of the proposal in a newspaper circulating in the district and has considered any objections received.

When closed the land within the road reserve becomes unallocated Crown land. Section 74 of the Land Administration Act 1997, empowers the Minister for Lands to sell Crown land by public auction, public tender or private treaty under such terms and conditions as the Minister sees fit.

The proposed new road reserve will be created by the normal subdivision process under the Planning and Development Act.

Strategic Implications

The closure of the existing road reserve and replacing it with a more direct northerly alignment is consistent with the Healthy Communities Goal of the City’s Strategic Plan by managing infrastructure to meet the needs of the community.

Policy Implications

Nil

Financial Implications

The proposed land exchanges to effect the rationalisation of boundaries is being undertaken on an equal value, equal area basis, therefore there is no financial implication associated with the transaction. Survey costs for the new alignment will be incurred, however they will be shared equally between the City and LandCorp. These costs have been allowed for under budget item Subdivision of Lot 4 Flynn Drive, Neerabup (Project No. 1602).

Voting Requirements

Simple Majority.

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Recommendation

That Council AUTHORISES a request being made to the Minister for Lands for the closure and disposal of the existing reserve of Mather Drive, north of Pederick Road, Neerabup.

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PD05-05/06 Compulsory Acquisition of Land for Road Widening at the Intersection of Alexander Drive at Queensway Road, Landsdale

File Ref: R17/0006V01

File Name: HA Acquisition of Land for Road Widening at Intersection of Alexander Drive at Queensway Road and Gnangara Road Landsd.doc This line will not be printed dont delete

Responsible Officer: Director, Planning and Development

Disclosure of Interest: Nil

Author: T Neale

Meeting Date: 16 May 2006

Attachments: 1

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Issue

To consider the compulsory acquisition of land associated with the construction of the second carriageway of Alexander Drive, Landsdale.

Background

The land required for the widening of Alexander Drive and its intersections between Hepburn Avenue and Gnangara Road to enable the construction of a second carriageway has, with the exception of one section, been acquired or is the subject current negotiation with landowners. As one landowner has not been prepared to proceed with negotiations, the City cannot make firm plans for completion of construction works. The construction of the second carriageway of Alexander Drive has commenced and as completion is a matter of high priority the compulsory acquisition from the landowner who is unwilling to advance a negotiated purchase is warranted.

Detail

The land to be acquired is from Lot 58 (15) on the south side of Queensway Road, owned by J.B, J.E. and P.E. Tilbrook. Lot 58 is used for a rose production nursery. The property has an area of 5.0586 hectares and the road widening requires 0.0501 hectares from both the Alexander Drive and Queensway Road frontages. There will be some impact on the landscaping and parking areas that are ancillary to the nursery operations. Attachment 1 highlights the portion of Lot 58 subject to widening.

Comment

The widening of Alexander Drive, northward to Gnangara Road, is required to adequately cater for increased traffic volumes resulting from the urbanisation in surrounding districts.

The owners of Lot 58 initially cooperated with the City by signing a subdivision application to allow the process of acquisition to commence. However, the signing of a subdivision application does not confer any right of entry or use by the City and the land will remain in the owners’ names until such time as Transfer document is signed and registered. The owners have recently advised that they are withdrawing from the negotiation process. The effect of this is to compel the City to acquire the road widening land by compulsory taking.

Statutory Compliance

The Land Administration Act 1997 outlines the process for the taking of land for public works. In summary, the process involves the City requesting the Minister for Lands to issue a notice to the landowners advising of the intention to take the land. This notice includes details on the extent of the land required, the purpose for which it is being taken, the date it is required, the acquisition process, the eligibility of the land owner for compensation or payment for the land and the ability of the owner to object to the taking. The notice is published in a newspaper circulating throughout the state. The Minister will consider any objections and make a decision to either make an order for the taking of the land or to not make an order. If the Taking Order is granted the landowner is entitled to be paid compensation. The Act provides that the value of the land can be either agreed amongst the parties or settled by referral to a compensation court. The process is likely to take in the order of eight to twelve months.

Strategic Implications

Acquisition of the land required for widening Alexander Drive will be consistent with the Healthy Communities Goal of the City’s Strategic Plan by providing and managing infrastructure to meet the needs of the community.

Policy Implications

Nil

Financial Implications

Sufficient funds for the acquisition have been provided in Project Number 845195 and the proposal will not impact on any other aspect of the City’s operations.

Voting Requirements

Simple Majority.

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Recommendation

That Council:-

1. AUTHORISES procedures being commenced for the taking of land from Lot 58 (15) Queensway Road, Landsdale for the purpose of widening Alexander Drive and its intersection with Queensway Road without the agreement of the owner under the provisions of the Land Administration Act 1997;

2. AUTHORISES a request being made to the Minister for Lands for the land taken from Lot 58 Queensway Road to be dedicated as a public road;

3. INDEMNIFIES the Minister for Lands as required under section 56 of the Land Administration Act 1997, against any claims for compensation equal to the amount of all costs and expenses reasonably incurred by the Minister in considering and granting the request for dedication as a road.

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Infrastructure

Tenders

IN01-05/06 Tenders for Parks and Waste Services Vehicles Included in the Draft 2006/2007 Budget

File Ref: S002/0001v06

Responsible Officer: Director Infrastructure

Disclosure of Interest: Nil

Author: Robert Elliott

Meeting Date: 16 May 2006

Attachment(s): Nil

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Issue

To consider the calling of tenders for Parks and Waste Services vehicles included in the Draft 2006/2007 budget.

Background

The City has been experiencing significant growth in its Parks and Waste Service areas and has included additional equipment in the draft 2006/2007 budget. There are significant lead times in the purchase and delivery of this equipment and this report considers the option to call tenders prior to the adoption of the 2006/2007 budget.

Detail

A recent review of the number of parks and streetscapes to be handed over to the City by land developers highlighted the need for additional plant, equipment and staff. The following additional vehicles have been proposed in the 2006/2007 draft budget.

Single cab 3 way tipper $70,000

Dual cab trucks (2) $160,000

Mowing trailers (2) $40,000

Ride on mowers (4) $140,000

Total $410,000

Spring is the start of the growing season and it is desirable that the new vehicles and staff be available to commence work as early as possible in September/October 2006.

Waste Services has three domestic rubbish trucks in the draft plant replacement programme and a domestic rubbish truck, skid steer loader and small rear loading rubbish truck in the draft Capital Works Budget, funded from the appropriate Reserves. A summary of the estimated cost to provide these items is outlined below:

Domestic rubbish trucks (4) $1,180,000

Skid steer loader $43,000

Rear loader rubbish truck $210,000

Total $1,433,000

The delivery period for this equipment is currently 6 to 8 months and it is desirable for the trucks to be available before the busy Christmas period.

Consultation

This proposal has been considered and supported by the Fleet Management Steering Committee.

Comment

Normally the purchase of new equipment commences after the budget is adopted in August. Unfortunately there is a significant lead-time to purchasing new vehicles via tender and there are benefits for the City in the early delivery of the above equipment. This can be achieved by calling tenders in May/June with a report to the Special Council Meeting on 21 July 2006 when it is proposed to adopt the 2006/2007 Budget.

Statutory Compliance

Nil

Strategic Implications

The timely provision of these vehicles in consistent with the City of Wanneroo Strategic Plan (2002-2005) goals and strategies:

“Healthy Communities

2.6 Provide and manage infrastructure to meet the needs of our community”

Policy Implications

Nil

Financial Implications

It is proposed that the tenders will be accepted by Council at the Special Council Meeting on the 21 July 2006 when it is proposed to adopt the 2006/2007 Budget.

Voting Requirements

Simple Majority

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Recommendation

That Council APPROVES the calling of tenders for the following equipment with an estimated purchase price of $1,843,000 and the inclusion in the 2006/2007 budget of the funds for these purchases.

Single cab 3 way tipper $70,000

Dual cab trucks (2) $160,000

Mowing trailers (2) $40,000

Ride on mowers (4) $140,000

Domestic rubbish trucks (4) $1,180,000

Skid steer loader $43,000

Rear loader rubbish truck $210,000

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Waste Management

IN02-05/06 Mulch Promotion Using Free Mulch Vouchers for 2006/2007

File Ref: S34/0008V01

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Responsible Officer: Director Infrastructure

Disclosure of Interest: Nil

Author: Dennis Blair

Meeting Date: 16 May 2006

Attachment(s): Nil

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Issue

To consider issuing Free Mulch Vouchers for a free load of mulch from the Wangara Greens Recycling Facility with this years rates notice.

Background

At its meeting on 17 May 2005 (Item TS06-05/05 refers) Council resolved as follows:

“1. APPROVES, on a trial basis for 12 months, the extension of the promotion of the mulch from the Wangara Greens Recycling Facility by issuing a ‘free mulch’ voucher to each property owner of the City of Wanneroo, as part of its rates notice package, such voucher to be valid up to the end of September 2005 during the normal operating hours of the Facility

2. INVITES the City of Joondalup, on a trial basis for 12 months, to participate in the extension of the promotion of mulch from the Wangara Greens Recycling Facility on the basis that the City of Joondalup, as part of its rates notice package, is responsible for the issue of a ‘free mulch’ voucher to each property owner of the City of Joondalup, such vouchers to be valid up to the end of September 2005 during the normal operating hours of the facility

3. APPROVES, on a trial basis for 12 months, the extension of the promotion of the mulch from the Wangara Greens Recycling Facility using the issuing of ‘free mulch vouchers’ to new residents of the City of Wanneroo when they move into their new house, such vouchers valid up to the end of June 2006 during the facilities normal operating hours.

4. NOTES that the progress of this initiative will be reported through the Waste Management Advisory Committee.”

Detail

The Cities of Wanneroo and Joondalup both implemented this free mulch initiative with ‘free mulch’ vouchers issued through their respective rates notice packages.

A review of data from the Wangara Greens Facility indicated that approximately 2,553 free loads of mulch were distributed to residents during this period.

There was a delay in the issue of the annual rates notices by the City of Wanneroo until the end of August and this was a factor in there being approximately 800 fewer free loads of mulch issued compared to last year. The figures recorded for 2004/2005 were 1547 loads for the City of Wanneroo and 1712 loads for the City of Joondalup, giving a total of 3259 loads.

Consultation

Nil

Comment

There has been a steady use of the vouchers issued to new residents with a total of 75 being redeemed during the past 7 months.

The long term impact on mulch sales has been a drop of about 660 loads, compared to the 3259 loads distributed. This is considered a manageable impact.

Overall the mulch promotion has clearly been successful in encouraging residents to use the facility and mulch their gardens in preparation for the summer. The promotion was well received and helped to recycle the mulch made from the greens taken to the facility.

The City of Joondalup uses the Wangara Greens Recycling Facility to process most of the greens that the City of Wanneroo collects for it from its Bulk Rubbish Collection Service. The current tipping fee is $35.03 + GST per tonne. Joondalup also pays $170,259pa for its ratepayers to be able to use vouchers to drop off greens on weekends. As the City of Joondalup contributes proportionately to the running costs of the Wangara Greens Recycling Facility it is appropriate that its ratepayers participate in the free mulch promotion.

The wording on the mulch vouchers was of concern with some residents being unclear of the end date of the offer. This year the 30 September is a Saturday and as the greens facility is open only on weekends it is suggested that it would be appropriate to extend the free mulch offer to Sunday 1 October 2006.

A regular report ‘Recycling Performance’ is presented to the Waste Management Advisory Committee and includes details of the loads of free mulch distributed from the Wangara Greens Facility.

Statutory Compliance

The promotion of the use of mulch from the Wangara Greens Recycling Facility is consistent with the following City of Wanneroo Strategic Plan (2002-2005) goals and strategies:

“Environmental Sustainability

1.2 Develop sustainable waste management practices

1.3 Support the efficient use of water, energy and other resources”

Strategic Implications

Nil

Policy Implications

Nil

Financial Implications

At the end of March, the sale of mulch for the financial year had reached $105,690 This would indicate that the full year sales would reach about $140,000 compared with the budgeted target of $150,000

Income from User/Entry Fees is up slightly at $24,022 to the end of March with a full year projection of $32,000 compared with a budget of $25,000

If the promotion is continued this year it is likely that more residents will take advantage of it and this would have some impact on the total sales for the year. On this basis, an amount of $140,000 should be included as sales income in the draft 2006/2007 Operating Budget.

Voting Requirements

Simple Majority

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Recommendation

That Council:-

1. APPROVES the promotion of the mulch from the Wangara Greens Recycling Facility by issuing a ‘free mulch’ voucher to each property owner of the City of Wanneroo, as part of its rates notice package, such voucher to be valid up to and including 1 October 2006, during the normal operating hours of the facility

2. INVITES the City of Joondalup to participate in the extension of the promotion of mulch from the Wangara Greens Recycling Facility on the basis that the City of Joondalup, as part of its rates notice package, is responsible for the issue of a ‘free mulch’ voucher to each property owner of the City of Joondalup, such vouchers to be valid up to and including 1 October 2006, during the normal operating hours of the facility

3. APPROVES the promotion of the mulch from the Wangara Greens Recycling Facility using the issuing of ‘free mulch vouchers’ to new residents of the City of Wanneroo when they move into their new house, such vouchers valid up to the end of June 2007 during the facilities normal operating hours.

4. NOTES that the progress of this initiative will be reported through the Waste Management Advisory Committee.

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Infrastructure

IN03-05/06 Lighting for Paloma Skate Facility - Paloma Park, Marangaroo

File Ref: PR19/0001V01

File Name: EA Lighting For Paloma Skate Facility Paloma Park Marangaroo.doc This line will not be printed dont delete

Responsible Officer: Director Infrastructure

Disclosure of Interest: Nil

Author: Nicholas Jury

Meeting Date: 16/05/06

Attachment(s): 1

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Issue

To consider a noise emission survey relating to the Paloma Skate Facility, Marangaroo

Background

On 29 June 2004 Council considered a report on the construction of the Paloma Skate Facility (Item refer TS13-06/04) and adopted the following recommendations:

“That Council:-

1. ACCEPTS the tender from Skate Tech Pty Ltd (Tender No. 04375) for the Construction of Paloma Skate Park subject to a variation to the contract in accordance with Section 20 (1) of the Local Government (Functions and General) Regulation Act 1996 to delete the footpath construction works for a revised contract sum of $94,525 plus GST;

2. INSTALLS a landscape buffer on the western side of Paloma Park to assist with the reduction of night time noise levels;

3. UNDERTAKES a noise emission survey when the Skate Park has been operational for six months;

4. DEFERS consideration of lighting to the Skate Park subject to the results of the noise emission survey as per recommendation 3.”

The skate park construction was completed in July 2004 and the landscape buffer installed in September 2005. This report considers the recently completed noise emission survey.

Detail

ND Engineering (NDE) was commissioned in March 2006 (six months after the landscape buffer was installed) to undertake a noise emission survey relating to noise emanating from the Paloma Skate Facility, Marangaroo. NDE was requested to undertake this survey with a view to considering a proposal to provide flood lighting for the skate park to allow the facility to operate at nighttime.

NDE undertook onsite noise measurements while the skate park was in use and has reported that the noise levels from the skate park, when extrapolated to night time use, are higher than the noise levels permissible as per Environmental Protection Act 1986 – Environmental Protection (Noise) Regulation 1997. On this basis, NDE is of the opinion that the installation of floodlighting would result in the skate park being noncompliant during the hours of 7pm to 7am, Monday to Saturday and 7pm to 9am Sundays and public holidays.

Consultation

Nil

Comment

The review undertaken to consider the provision of flood lighting times highlighted that the evening operation of the skate park will not comply with the Environmental Protection Act 1986. It is therefore recommended that Council not install flood lighting at Paloma Skate Facility and continue to operate this facility during daytime only.

Statutory Compliance

Nil

Strategic Implications

The decision not to install flood lighting and maintain daytime operation only at Paloma Skate Facility is consistent with the City of Wanneroo’s Strategic Plan (2002-2005) Goals & Strategies:

“Healthy Communities

2.1 Achieve an understanding of our community’s needs – present and future.”

Policy Implications

Nil

Financial Implications

Funds totalling $37,654 remain available in Project Number 824546 in 2005/06 Capital Works Budget. These funds were brought forward from the 2004/05 Capital Works Budget primarily for the provision of flood lighting, subject to the outcome of the noise emission survey, and other infrastructure works which included the installation of drinking fountain and a shelter as identified in the report considered by the Council on 21 June 2005 (Item TS13-06/04 refers).

It is recommended the available funds be utilised for the installation of outstanding additional infrastructure inclusive of a drinking fountain and a shelter at an estimated cost of $7,000.

Voting Requirements

Simple Majority

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Recommendation

That Council:-

1. DOES NOT install flood lighting at the Paloma Skate Facility as the night time noise levels will not comply with the noise levels permissible as per the Environmental Protection Act 1986 – Environment Protection (Noise) Regulations 1997;

2. MAINTAINS the daytime operation only at the Paloma Skate Facility;

3. INSTALLS a drinking fountain and a shelter at the Paloma Skate Facility.

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Corporate Services

Finance

CS01-05/06 Proposed Development of Civic Centre Basement Area

File Ref: S29/0022V01

File Name: BB Proposed development of Civic Centre Basement area.doc This line will not be printed dont delete

Responsible Officer: Director, Corporate Services

Disclosure of Interest: Nil

Author: Coordinator Information & Records Management

Meeting Date: 16 May 2006

Attachment(s): 1

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Issue

To consider the relocation of the filing compactus to the basement store room at the Civic Centre, and address the current archiving needs of the City.

Background

As the active file compactus from the first floor, Civic Centre is being dismantled due to pending office layout changes, active files stored in this compactus need to be relocated to the basement file compactus.

The existing area in the basement currently used to store inactive/archived records, along with active files for other departments within the City, can accommodate the active files from the first floor after some reorganisation, committal of inactive records to temporary off-site storage, etc. However, the area is not suitable for staff to carry out work there due to safety concerns (as determined by the City’s surveyors and building planning officers.)

Detail

The City is facing a significant challenge relating to the proper management of archived records and proper implementation of the Local Government Records Disposal Authority – a legislative obligation on the City as part of the City’s Record Keeping Plan (as declared within the State Records Act (WA) 2000).

In order to continue providing the same level of service, it will be necessary for some Information and Records staff to be based within the basement on a needs-led, rota basis. Hence a clean, safe working environment will need to be created within the basement area with the proposed area being the storeroom currently being used by Community Development (Attachment 1 refers).

Consultation

Consultation has occurred between City of Wanneroo staff and with external services providers relating to the services needed.

Comment

Modifications to the area are urgently required to provide additional first floor accommodation, and at the same time address archiving issues currently being faced by the City.

Statutory Compliance

In compliance with the State Records Act 2000, Part 6 - Access to Government Records.

Strategic Implications

Nil.

Policy Implications

Nil.

Financial Implications

Cost of redeveloping proposed area within the basement area of the Civic Centre, as a work area for Records Officers’ filing duties and Archive Officers, as requested in Form 15b (Budget Form for Minor Works)	$71,000.00
Cost of necessary works to section off an alternative store area within the basement ready for Community Development	$ 3,500.00
Cost of transferring existing inactive/archive records to temporary off-site storage (Recall.Com Ltd.), thus clearing room of existing record boxes to make way for development work	$ 4,000.00
TOTAL	$78,500.00

It is proposed to source the funding of $78,500 from the Wanneroo Establishment Reserve, which would leave an estimated balance of $11,240 in this Reserve.

Voting Requirements

Absolute Majority

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Recommendation

That Council:-

1. Pursuant to Section 6.8(1)(b) of the Local Government Act 1995, APPROVES BY ABSOLUTE MAJORITY the expenditure of $78,500 for the proposed relocation and redevelopment of the basement store room at the Civic Centre for Information and Records Management filing compactus and archiving needs; and

2. NOTES the following budget variation to accommodate the relocation of the filing compactus to the basement store room at the Civic Centre:-

Project No	From	To	Description
	$78,500		Wanneroo Establishment Reserve
836023		$78,500	Relocation Filing Compactus Basement Store Room

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CS03-05/06 Review of Caravan Park Rating

File Ref: S21/0009V01

File Name: BB Review of Caravan Park Rating.doc This line will not be printed dont delete

Responsible Officer: Director, Corporate Services

Disclosure of Interest: Nil

Author: Manager Finance

Meeting Date: 16 May 2006

Attachment(s): Nil

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Issue

To consider amending the Minimum Rate levied for Caravan Parks for 2005/2006.

Background

Section 6.33 of the Local Government Act 1995 allows a local government to impose differential rates, effectively using different rates for different land uses. The City currently imposes different rates for residential, rural, commercial and industrial land, with the predominant use of the land being considered. The City is effectively divided into “differential” groups with all ratepayers in each group paying rates on the same basis. Currently, the City imposes differential rates according to the following groups:-

1. Residential;

2. Commercial and Industrial; and

3. Caravan Parks.

Section 6.35 of the Local Government 1995 also allows a local government to impose a minimum payment, provided the general minimum is not imposed on more than 50% of the separately rated properties or 50% of the number of properties in each category. Minimum rates recognise the differing level of services provided by the City to properties within each category and also seeks to address equity in the contribution by various ratepayers across the City on a like for like basis.

The City has opted for differing minimum rates for each of the above listed groups. This differentiation is based on commercial and industrial properties being serviced by, and having access to a high standard of infrastructure by high volumes of people and vehicular traffic. The different minimum rate for Caravan Parks reflects the service levels provided to these residents and also seeks to improve equity across the sector.

The following differential rates and minimum rates apply for 2005/2006:-

	Gross Rental Value Cents in $	Unimproved Value Cents in $	Minimum Rate $
Residential	6.9910	0.4918	497
Commercial	6.9911	0.4919	894
Industrial	6.9911	0.4919	894
Rural	6.9910	0.4918	497
Mining	-	0.4918	497
Caravan Parks	6.9909	-	354

Detail

After adoption of the above rates as part of the 2005/2006 Annual Budget and during their audit of the City’s 2004/2005 annual accounts, the City’s Auditors identified non-compliance with Section 6.35 of the Local Government Act with regard to the rating of Caravan Parks.

The reason for non-compliance was due to the Ocean Reef Caravan Park Village being strata titled, with all but one of the 95 lots at the caravan park attracting the minimum rate. As mentioned previously, Section 6.35 of the Local Government 1995 also allows a local government to impose a minimum payment, provided the general minimum is not imposed on more than 50% of the number of properties in each category.

This non-compliance resulted in the matter being raised in the Auditor’s Opinion and was also referred to the Department of Local Government and Regional Development.

Consultation

Administration has consulted with the City’s Auditors and also officers from the Department of Local Government and Regional Development.

Comment

The City has the following caravan parks within its boundary:

1. Club Capricorn Village, Two Rocks

2. Kingsway Tourist and Caravan Park, Kingsway, Landsdale

3. Lakelands Leisure Village, Sydney Road, Wanneroo

4. Ocean Reef Caravan Park Village, Mangano Place, Wanneroo

5. Quinns Rocks Caravan Park, Ocean Drive, Quinns Rocks (Not Rated)

6. Wanneroo Caravan Park, Jacaranda Drive, Wanneroo

With the exception of the Ocean Reef Caravan Park Village, the above are rated according to the commercial category as they are considered commercial operations. These parks have been correctly rated and not affected by the minimum rate issue.

However, the Ocean Reef Caravan Park Village is the only strata titled caravan park within the City and because of their relatively low gross rental value, each lot is subject to minimum rates. The minimum rate for commercial of $894 is considered excessive, as is the current minimum rate of $497 for residential land. Accordingly, a lower differential rate in the dollar has always been applied to this caravan park, allowing the City to impose a much lower minimum rate than that applicable to commercial and residential properties within the City.

It is also noted that the City has imposed a similar differential rate and minimum rate for caravan parks prior to the split of the former City of Wanneroo and this matter has not been formally raised by the City’s current or former Auditor’s until 2004/2005.

It is now acknowledged that in order to comply with Section 6.35 of the Local Government Act, Administration is required to reduce the current minimum rate for caravan parks (Ocean Reef Caravan Park Village) from $354 to $247, resulting in a loss of rate income for 2005/2006 of $10,058. This amount is just below the amount that would be raised for each lot, based on the current gross rental valuations for each lot.

Any future increases that may be put forward during budget deliberations will need to take this matter into account.

In addition, to ensure equity across all caravan parks, Administration will assess and report on the impact of applying the caravan park rate category to all caravan parks within the City in future years.

Statutory Compliance

Section 6.33 of the Local Government Act 1995 provides as follows:

“(1) A local government may impose differential general rates according to any, or a combination, of the following characteristics:

(a) the purpose for which the land is zoned under a local planning scheme in force under the Planning and Development Act 2005;

(b) the predominant purpose for which the land is held or used as determined by the local government;

(c) whether or not the land is vacant land; or

(d) any other characteristic or combination of characteristics prescribed.

(2) Regulations may:

(a) specify the characteristics under subsection (1) which a local government is to use; or

(b) limit the characteristics under subsection (1) which a local government is permitted to use.

(3) In imposing a differential general rate a local government is not to, without the approval of the Minister, impose a differential general rate which is more than twice the lowest differential general rate imposed by it.”

Section 6.35 of the Local Government Act 1995 provides as follows:-

“(1) Subject to this section, a local government may impose on any rateable land in its district a minimum payment which is greater than the general rate which would otherwise be payable on that land.

(2) A minimum payment is to be a general minimum but, subject to subsection (3), a lesser minimum may be imposed in respect of any portion of the district.

(3) In applying subsection (2) the local government is to ensure the general minimum is imposed on not less than:

(a) 50% of the total number of separately rated properties in the district; or

(b) 50% of the number of properties in each category referred to in subsection (6)

on which a minimum payment is imposed.

(5) If a local government imposes a differential general rate on any land on the basis that the land is vacant land it may, with the approval of the Minister, impose a minimum payment in a manner that does not comply with subsections (2), (3) and (4) for that land.”

Strategic Implications

“Goal 4 – Corporate Management and Development – proper management of our natural, financial and human resource”

Maintenance of an equitable rating system is one of the objectives listed by the Corporate Services Directorate to achieve Goal 4.

Policy Implications

Nil.

Financial Implications

The reduction of the minimum rate for caravan parks for 2005/2006 from $354 to $247 will result in a loss of rate income of $10,058.

Voting Requirements

Absolute Majority

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Recommendation

That Council:-

1. BY ABSOLUTE MAJORITY and in accordance with Section 6.35 of the Local Government Act 1995 amends the Minimum Rate for Caravan Parks for 2005/2006 from $354 per annum to $247 per annum; and

2. NOTES that Administration will be adjusting the rate records to refect the reduced minimum for caravan parks for 2005/2006 and will refund to the ratepayers concerned any amounts due.

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CS04-05/06 Request for Rating Exemption - Lakes City Church, Wangara

File Ref: S28/0007V03

File Name: BB Request for Rating Exemption Lakes City Church Wangara.doc This line will not be printed dont delete

Responsible Officer: Director, Corporate Services

Disclosure of Interest: Nil

Author: Manager Finance

Meeting Date: 16 May 2006

Attachment(s): Nil

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Issue

To consider a rating exemption request from the Lakes City Church, Finlay Place, Wangara.

Background

Section 6.26(1) of the Local Government Act 1995 (the Act) states that with the exception of this section, all land within a district is rateable. Under Section 6.26(2)(d) of the Act, land used or held exclusively by a religious body as a place of public worship or in relation to that worship is not rateable.

Detail

The Lakes City Church has operated from 15 Finlay Place, Wangara since 2003. In July 2005, the Church also acquired 9 and 11 Finlay Place. The Church is a recognised church established under the Assemblies of God and registered in the name of Lakes Christian Life Centre Inc.

The land is used for religious services, youth activities, religious instruction and other religious activities. The recently acquired land at 9 and 11 Finlay Place is being redeveloped into a large auditorium while 15 Finlay Place will remain as the main administration building for the church and also used for youth activities. The Church also sublets a portion of 15 Finlay Place to Gloria Jeans, which is used as coffee lounge.

Due to the operations of the coffee outlet, a previous request for a rating exemption for 15 Finlay Place has been refused by Administration on the basis that the land was not being used exclusively for religious purposes. This approach was consistent with a similar position taken by Administration with regard to the West Coast Ministries in Wangara that was operating a children’s play centre from its premises.

Consultation

Administration has met with representatives of the Lakes City Church and has kept it informed of the progress of its request.

Comment

The area occupied by the Gloria Jeans coffee lounge in Finlay Place is relatively small compared to the remainder of the property.

However, the commercial use of part of the premises results in the property not being used exclusively for religious purposes in accordance with Section 6.26(2)(d) of the Act. Accordingly, under normal circumstances this use would preclude consideration for an exemption from rates.

However, in September 2005, the Minister for Local Government granted an exemption from rates for the West Coast Ministries, with the exception of the Wild Kids Play Centre mentioned above (CS03-10/05 refers). A similar request could be referred to the Minister if the Council refused the request from the Lakes City Church in this instance.

In view of the decision of the Minister for Local Government with regard to West Coast Ministries, Council could grant a similar exemption from rates, by agreeing to grant an exemption from rates for the land, with the exception of the area sub-leased to Gloria Jeans and used as a coffee shop. Under the circumstances, Administration recommends this course of action.

The situation outlined in this report highlights the inadequacies of the current Act with regard to the exemptions that apply for religious and charitable use of land. In the case of minor or incidental use of land for another purpose, it may be appropriate for the predominant use to be considered and thereby allow local governments to grant proportionate exemptions from rates in certain cases.

Statutory Compliance

Section 6.26 of the Local Government Act 1995 provides as follows:

“(1) Except as provided in this section all land within a district is rateable land.

(2) The following land is not rateable land:

(d) land used or held exclusively by a religious body as a place of public worship or in relation to that worship, a place of residence of a minister of religion, a convent, nunnery or monastery, or occupied exclusively by a religious brotherhood or sisterhood.

(k) land which is declared by the Minister to be exempt from rates.

(4) The Minister may from time to time, under subsection (2)(k), declare that any land or part of any land is exempt from rates and by subsequent declaration cancel or vary the declaration.”

Strategic Implications

“Goal 4 – Corporate Management and Development – proper management of our natural, financial and human resource”

Maintenance of an equitable rating system is one of the objectives listed by the Corporate Services Directorate to achieve Goal 4.

Policy Implications

Nil.

Financial Implications

Should Council agree to the request for an exemption from the Lakes City Church, the City will lose rate income of $12,620 in 2005/2006, although it is noted that the land will still be subject to the Emergency Services Levy. A new valuation will be sought from the Valuer General for the coffee lounge and this will partly offset this loss.

Voting Requirements

Simple Majority

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Recommendation

That Council:-

1. AGREES to the request from the Lakes City Church for an exemption from rates for 9, 11 and 15 Finlay Place Wangara from 1 July 2005 in accordance with Section 6.26(2)(d) of the Local Government Act 1995, with the exception of the area used as a coffee lounge on 15 Finlay Place;

2. NOTES that Administration will seek a new valuation from the Valuer General for the coffee lounge;

3. NOTES the inadequacies of Section 6.26(2) of the Local Government Act 1995 with regard to minor or incidental use of property for other purposes; and

4. WRITES to the Western Australian Local Government Association North Zone to seek an appropriate amendment to the Local Government Act 1995 in this regard.

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Contracts and Property

CS05-05/06 Community Consultation for Shared Use - Public/School Sports Ovals

File Ref: S08/0015V01

File Name: CA Community Consultation for Shard Use Public School Sports Ovals.doc This line will not be printed dont delete

Responsible Officer: Director, Corporate Services

Disclosure of Interest: Nil

Author: Martine Baker

Meeting Date: 16 May 2006

Attachment(s): Nil

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Issue

To consider entering into Licence Agreements with the Minister for Education to use Section 20A Public Recreation Reserves.

Background

At its meeting held on 31 January 2006 report CS08-01/06 was presented to Council outlining a proposal to enter into Licence Agreements with the Minister for Education granting priority use during school hours of the following Public Recreation Reserves -

Reserve Name	School Name
Houghton Park Reserve 48106 Lot 15371 DP 38295 Vol 3135 Fol 241	Carramar Primary School
Richard Aldersea Park Reserve 42042 Lot 11670 P 17995 Vol 3096 Fol 150	Clarkson Primary School
Addison Park Reserve 41483 Swan Loc 12265 and 11346	Merriwa Primary School and Merriwa Ed Supp Centre
Abbeville Park Reserve 43899 Lot 12424 P 20320 Vol 3106 Fol 25	Mindarie Primary School
Belhaven Park Reserve 47792 Lot 774 DP 24964 Vol 3134 Fol 483	Quinns Beach Primary School
Gumblossom Park Reserve 28376 Lot 8163 DP 28734 Vol 3046 Fol 22	Quinns Rocks Primary School

This process was required to formalise pre-existing arrangements where public sports ovals formed the primary sporting/recreation facility for co-located public schools.

Although there were six school sites listed in the report, additional information provided by the Department of Education and Training (DET) identified that this situation also existed at two additional sites; Koondoola Primary School and Yanchep District School.

As the reserves were created in accordance with Section 20A of the Town Planning and Development Act, the Department for Planning and Infrastructure (DPI) indicated a requirement for a public consultation process to determine the level of community support for the licences.

DPI further advised that where a pre-existing informal arrangement has existed for more than two years, a formal consultation process would not be required as it was deemed that the community was supportive. Notwithstanding that, it was considered prudent to undertake a limited consultation process and advertise a local notice with an invitation for public comment.

Detail

There are instances where ovals have been constructed across boundaries, meaning part is on DET land and the balance is located on Crown Reserve managed by the City, under a formal Management Order. Given that the licence agreement in these instances by necessity is more complicated and still in negotiation with DET, the consultation process on the following two sites, listed in the previous Council report was deferred:

Reserve Name	School Name
Houghton Park Reserve 48106 Lot 15371 DP 38295 Vol 3135 Fol 241	Carramar Primary School
Belhaven Park Reserve 47792 Lot 774 DP 24964 Vol 3134 Fol 483	Quinns Beach Primary School

Reserve Name

School Name

Houghton Park

Reserve 48106 Lot 15371 DP 38295 Vol 3135 Fol 241

Carramar Primary School

Belhaven Park

Reserve 47792 Lot 774 DP 24964 Vol 3134 Fol 483

Quinns Beach Primary School

Accordingly, a local notice was placed in the Wanneroo Times and the Northern Suburbs newspapers in the week commencing 27 March 2006, detailing the proposal to enter into Licence Agreements with the Minister for Education for the following locations.

School	Reserve/Park
Clarkson Primary School 8 Aldersea Circle, CLARKSON	Richard Aldersea Park
Koondoola Primary School Burbridge Avenue, KOONDOOLA	Koondoola Park
Merriwa Primary School Baltimore Parade, MERRIWA	Addison Park
Mindarie Primary School 90 Rothesay Heights, MINDARIE	Abbeville Park
Quinns Rocks Primary School 6 Rees Drive, QUINNS ROCK	Gumblossom Park
Yanchep District School Lagoon Drive, YANCHEP	Oldham Park

Public submissions were invited and closed on Thursday 13 April 2006, however no submissions were received.

Consultation

The DPI guidelines requested a public consultation process be undertaken to demonstrate the level of community support for shared use of public sports ovals. The City advertised in the Wanneroo Times and the Northern Suburbs paper the week commencing 27 March 2006. The period for public comment closed on 13 April 2006.

DPI advised that no consultation was required where the arrangement had been in place informally for some years, however a full consultation process will be required for more recent situations.

As negotiations progress with DET over a suitable Licence Agreement for ovals constructed across property boundaries, a limited consultation process will be implemented for Houghton Park and Belhaven Park. It should also be noted, that there will be a requirement for a more involved consultation process coordinated for the yet to be constructed Neerabup Primary School. This primary school will be co-located with Peridot Park. As this school has yet to be built, there has been no informal arrangement in existence for any period of time. The additional actions to be incorporated in the public consultation process will be mail outs to surrounding households and user groups of the park as well as signage on Peridot Park.

Comment

As the City did not receive any public submissions (written or otherwise) as a result of the local notice, Council is now in a position to decide whether to proceed with the Licences, subject to endorsement by DPI.

At each of the locations detailed in the local notice, the relevant schools have been using the ovals on an informal basis for several years. The execution of a formal Licence granting ‘priority use’ to the school during school hours is considered prudent, as it provides the opportunity of clearly defining entitlements and responsibilities.

Statutory Compliance

The issue of a Licence Agreement is not deemed to be a ‘disposition’ and is therefore not bound by the requirements of section 3.58 (Disposing of Property) under the Local Government Act 1995.

The outcomes of the public consultation process will be presented to DPI who will then advise on their approval (due to no objections being received) and incorporate a condition on the previously provided Management Orders, which will allow the City to enter into a Licence Agreement with the Minister for Education for the shared use of these public reserves.

Strategic Implications

The implementation of Licence Agreements with the Minister for Education will ensure compliance with the City’s Strategic Plan objectives -

“2 Healthy Communities - To foster an identity that promotes lifestyle choices and provision of quality services and infrastructure.

2.4 Support safe and secure communities.”

Policy Implications

Due to the incidence of co-location of school sites and public open space increasing, the City and DET have developed a series of protocols that are being used for administrative purposes, however Council has supported the development of a policy at its meeting 14 March 2006
(CS04-03/06).

Financial Implications

The City has been advised by DET that it will receive a contribution of $8,000 per annum for each site where a Licence Agreement is signed. This contribution was based on the area required to be used by the schools and the City’s estimated rate per hectare for the maintenance of Active – Minor reserves ($8,000 per hectare). All contributions will assist in the maintenance cost of parks and reserves.

Voting Requirements

Simple Majority

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Recommendation

That Council:-

1. NOTES that no public submissions were received in response to the public notice advertised in the Wanneroo Times and the Northern Suburbs papers in the week commencing 27 March 2006, detailing the proposal to enter into Licence Agreements with the Minister for Education; and

2. APPROVES, subject to the endorsement of the Department of Planning and Infrastructure, the execution of Licence Agreements with the Minister for Education to grant priority use of the following reserves by the listed schools:-

· Clarkson Primary School, 8 Aldersea Circle, CLARKSON and Richard Aldersea Park

· Koondoola Primary School, Burbridge Avenue, KOONDOOLA and Koondoola Park

· Merriwa Primary School, Baltimore Parade, MERRIWA and Addison Park

· Mindarie Primary School, 90 Rothesay Heights, MINDARIE and Abbeville Park

· Quinns Rocks Primary School, 6 Rees Drive, QUINNS ROCK and Gumblossom Park

· Yanchep District School, Lagoon Drive, YANCHEP and Oldham Park.

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CS06-05/06 Proposed Licence - Portion of Clarkson Youth Centre, 59 Key Largo Drive, Clarkson to Joondalup Youth Support Services (Inc.)

File Ref: P08/0553V01

File Name: CA Proposed Licence Portion of Clarkson Youth Centre 59 Key Largo Drive Clarkson to Joondalup Youth Support Service.doc This line will not be printed dont delete

Responsible Officer: Director, Corporate Services

Disclosure of Interest: Nil

Author: Property Officer

Meeting Date: 16 May 2006

Attachment(s): Nil

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Issue

To consider entering into a Licence to Occupy agreement with Joondalup Youth Support Services (Inc) to utilise Office 2 of the Clarkson Youth Centre, 59 Key Largo Drive, Clarkson for a term of three (3) years.

Background

The Clarkson Youth Centre building (the Centre) is situated on Crown Reserve 44537, along with a Skate Park, BMX Track and car parking, and is vested with the City under a Management Order, which provides the purpose of the Reserve as “Community Purposes”.

Office 2 represents an area of approximately 8.5m² and has been utilised on a regular basis by Joondalup Youth Support Services (Inc) (JYSS) since May 2002, under a standard hiring arrangement with the City. As the nature of the service provided to the community is in the area of Youth Support the hire fee has been subsidised in accordance with the City’s Facility Hire and Use Policy.

JYSS is a community based organisation and has been providing support service to young people and their families since 1988. The body was incorporated in 1990 and its objects in part are:-

· “to make available the information, practical assistance and contact with community resources to assist young people to re-establish links with their families and their communities;

· to provide a supportive environment in which people utilising the services offered by the Association are encouraged and assisted to make decisions about their future through educative processes, raised awareness, new opportunities, skill development and mutual support.”

The City and JYSS have been working together, under a partnership agreement entitled “jyss.comet” (Community Outreach Model of Education and Training), since the Centre was first opened in May 2002. The partnership agreement recognises the City’s “in kind” contribution to achieve a best practice alternative education program funded through the Commonwealth Government’s Partnership Outreach Education Model. The City’s contribution essentially was the provision of the subsidised use of the Centre, subsidised use of sporting facilities in accordance with current policies and the support and assistance of a Youth Development officer for the North Ward through Steering Committees.

Detail

Due to the expansion of its operations and concentration in the northern suburbs, JYSS has expressed a desire to have a more formal arrangement with the City for the use of the office space at the Centre. JYSS fully understands that such an arrangement through a proposed Licence agreement will result in an annual fee and additional responsibilities for such use.

It is proposed that the Licence Agreement run for three (3) years commencing 1 June 2006 and, the principles of the City’s Tenancy Policy have been used in relation to “Small tenancies within a community facility”.

The following table is a summary of the essential terms of the proposed Licence Agreement:-

Licence Fee	$1,000pa* (subject to annual CPI increases)
Term	Three (3) years
Commencement Date	1 June 2006
Maintenance	The Licensee shall keep and maintain the inside of the Premises (Licensed area) in good and substantial repair and condition.
Maintenance Building	City responsibility
Building Insurance	City responsibility
Other Insurance	Licensee responsibility
Statutory Compliance	Licensee responsibility

*With respect to the Licence Fee, as a grant-funded organisation, JYSS would be classified as ‘Government’ under the Tenancy Policy and therefore the terms of the agreement would be by negotiation.

Office 2 at the Centre represents 3.35% of the total lettable area of the building and as such, the proposed Licence has been calculated on a pro rata cost recovery basis, as outlined in the table below, including the additional amount of $45/m² as a rental component:-

	Approximate Annual Cost	JYSS share at 3.35%
Water Rates & Consumption	$1,900	$64.00
Electricity	$4,300	$144.00
Gas	$150	$5.00
Emergency Services Levy	$500	$17.00
Building Insurance	$1,200	$40.00
Cleaning	$10,080	$338.00
Sub Total		$608.00
Rent & $45m²		$382.50
Total		$990.50 Say $1,000

JYSS would also be given a right of access to the Common Areas of the centre as part of the arrangement.

A proposal has been presented to JYSS, and agreement has been reached as to the essential terms of the Licence Agreement as outlined above. JYSS has stated, in a recent email from its Chief Executive Officer, that the proposal ‘appears to meet the needs of JYSS’ and is ‘within our financial ability’.

Comment

The use of the office space at the Centre on a more formal arrangement is seen as a natural extension of the existing relationship between JYSS and the City, particularly since the efforts of JYSS are being concentrated within the northern suburbs of the City. Programs run by JYSS are consistent with and run in conjunction with existing City programs run at the Centre.

Administration therefore supports the proposed Licence to Occupy arrangement outlined in this report.

Statutory Compliance

Previously the Management Order did not provide the City with the power to lease or licence however as the Reserve purpose is “Community Purposes” not “Public Recreation” the Department for Planning and Infrastructure (DPI) has recently agreed to amend the Management Order to include such powers.

DPI has given in-principle consent to the licence in accordance with section 18 of the Land Administration Act. Formal endorsement will be required upon execution of the Licence Agreement.

Section 3.58(1) of the Local Government Act outlines how a local government can dispose of property and includes the following definitions:-

“dispose” includes to sell, lease, or otherwise dispose of, whether absolutely or not;

“property” includes the whole or any part of the interest of a local government in property, but does not include money.

A licence is a permission given by the owner or occupier of land, which allows the licensee to do something that would otherwise be unlawful. Where a licence is granted it does not confer any estate or interest in the land in favour of the licensee.

As such, the grant of a licence does not constitute a disposal of property under Section 3.58 and is not subject to the processes of that section. Accordingly, the City is in a position to enter into a Licence to Occupy Agreement with Joondalup Youth Support Services (Inc).

Strategic Implications

The proposed Licence arrangement is consistent with the City’s Strategic Plan as follows:

“2.6 Provide and manage infrastructure to meet the needs of our community”

Policy Implications

The licence arrangement was negotiated in accordance with the City’s Tenancy Policy.

Financial Implications

The proposed licence arrangement will provide the City with an annual income stream of $1,000 (plus annual CPI increases) together with a saving to the City of the cleaning costs of the office and any minor maintenance costs that will be the responsibility of the Licensee. Free use of the office under the current Hire arrangement will cease.

Voting Requirements

Simple Majority

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Recommendation

That Council:-

1. AGREES to enter into a three (3) year Licence to Occupy Agreement with Joondalup Youth Support Services (Inc.) for use of a portion of the Clarkson Youth Centre, known as Office 2, subject to the approval to the licence by the Minister for Lands;

2. AUTHORISES the Mayor and Chief Executive Officer to execute and affix the Common Seal of the City of Wanneroo to the Licence to Occupy Agreement between the City and Joondalup Youth Support Services (Inc.)

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CS07-05/06 Joint Venture Agreement - Lot 4 Flynn Drive, Neerabup

File Ref: P23/0010V01

File Name: CA Joint Venture Agreement Lot 4 Flynn Drive Neerabup.doc This line will not be printed dont delete

Responsible Officer: Director Corporate Services

Disclosure of Interest: Nil

Author: John Paton

Meeting Date: 16 May 2006

Attachments: 2

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Issue

To consider entering into a joint venture agreement with LandCorp for the subdivision development of Lot 4 Flynn Drive, Neerabup.

Background

Lot 4 Flynn Drive, Neerabup (Lot 4) was purchased by the City of Wanneroo in 1976 with a view to its long-term development potential. The then City of Wanneroo subsequently undertook a subdivision of approximately 27.5 hectares of the property on the corner of Flynn and Mather Drive. The following land details are relevant for the remaining area:-

Address: 240 Flynn Drive, Neerabup

Area: 203.91 hectares

Title: Vol. 1963 Folio 202

Zoning (DPS2): Industrial Development

A detailed report (CS03-05/05) outlining a proposal for Council to consider the subdivision of Lot 4 and incorporating a Business Plan was presented to the Council meeting held on 17 May 2005. The Business Plan was endorsed and authorisation granted for the advertising of a public notice in accordance with the requirements of Section 3.59 of the Local Government Act.

Following the public submission period, a further report (CS04-08/05) was presented to the Council meeting held on 9 August 2005. After consideration of the public submissions received, the following resolution was adopted:-

“That Council:-

1. NOTES the two public submissions received in response to the public notice advertised in the Western Australian on Saturday 21 May 2005, dealing with the Business Plan - “Proposed Subdivision of Lot 4 Flynn Drive, Neerabup”;

2. APPROVES BY ABSOLUTE MAJORITY the staged subdivision of Lot 4 Flynn Drive, Neerabup for the purpose of establishing an industrial development estate in accordance with the approved Business Plan; and

3. NOTES that outcomes from the preliminary planning process will be reported to a subsequent Council meeting for consideration.”

The approved Business Plan - Proposed Subdivision of Lot 4 Flynn Drive, Neerabup outlined the following proposal:-

“The City of Wanneroo proposes to develop Lot 4 Flynn Drive, Neerabup for the establishment of an industrial development estate. Development will occur in stages over several years, dependant on demand. Some stages may be undertaken as a joint venture with LandCorp, essentially on a Project Management arrangement.”

This was a broad statement, providing the opportunity for the City to express its intention to commence a Major Land Transaction as required by legislation. The Business Plan did not commit to how the City would undertake the subdivision, the extent of the subdivision area, or expand on the potential role of LandCorp.

In progressing the planning aspects of the subdivision of Lot 4, it was recognised that there were distinct partnering opportunities to undertake the subdivision jointly with LandCorp. Accordingly, preliminary discussions were held regarding a potential JV arrangement, that in simple terms involved:-

§ the JV covering the entire area of Lot 4 (City) and Lot 22 & 1002 (LandCorp) with agreement to an appropriate apportionment of costs and proceeds (approximately 50/50 to be confirmed) to apply regardless of the staging and actual land parcel involved;

§ LandCorp undertaking the Project Management role, including coordination of all works and potentially the subsequent marketing of the developed Lots.

§ LandCorp making “cash-calls” on the City to meet the development costs as they are incurred. (An alternative financial arrangement could be negotiated with LandCorp meeting all costs and deducting their share, along with an agreed interest component from the sale proceeds.)

§ LandCorp receiving an agreed fee for their project management and marketing activities (based on a % of the ultimate proceeds from the sale of each Lot) payable at the time of settlement.

At its meeting held on 31 January 2006, Council considered confidential report CR01-01/06 (Attachment 1 refers), dealing with a proposal to enter into a joint venture (JV) with LandCorp for the subdivision development of the City’s and LandCorp’s land in Neerabup. A draft Business Plan was included broadly outlining the JV proposal in accordance with the requirements of Part 3 of the Local Government (Functions and General) Regulations 1996.

As a result, the following resolution was adopted:-

“That Council:-

1. ENDORSES the Business Plan – Joint Venture Proposal for the Subdivision of Lot 4 Flynn Drive, Neerabup with the following amendments: deleting the second sentence in paragraph 7 on page 4, being “Under this variant, the proceeds from the sale of the developed Lots, regardless of ownership would be shared on the same apportionment basis as is proposed for the development costs” and replacing the second paragraph on page 7 with the following “In the event that the joint venture is extended through to the sale of the development Lots, the proceeds would be shared on an agreed equity basis”; and

2. AUTHORISES the publication of a Local Notice inviting public comments on the Business Plan in 1. above in accordance with the requirements of Section 3.59 of the Local Government Act 1995.”

Effectively, the Business Plan outlined a base Project Management role for LandCorp, in which its responsibility ceased when individual Lots had been created, with an option for the City to consider an extended role for LandCorp to be involved through to the marketing and sale of the developed Lots.

The Business Plan was amended to reflect the above resolution (Attachment 2 refers) and a Public Notice advertised on 4 February 2006. The Notice included an invitation for public submissions on the proposal, with the submission period closing on 20 March 2006. No public submissions were received in response to the invitation.

Detail

In report CR01-01/06, when referring to whether the JV should include the marketing and sale of the developed Lots, it was indicated “Negotiations will continue with LandCorp in order to determine the best overall model. A fully documented model will be presented to Council at the time when it considers submissions following the advertising of the joint venture proposal.”

Further negotiations have been progressed with LandCorp on the scope of the JV and it is considered that the most consistent and effective outcome can be achieved through the full service model, including the sale of Lots. A detailed outline of the proposed JV arrangement is currently being prepared, which if supported, will act as a guide for the drafting of the formal Joint Venture Agreement. A summary of the main principles is outlined below:

Area of Subdivision

Generally, the overall area of Lot 4 (City) and Lot 22 (LandCorp), totalling approximately 400 hectares. This area is however likely to be impacted by Bush Forever and other environmental considerations that will reduce the developable area, therefore this will need to be considered in the establishing the formula for the calculation of the equity split.

Subdivision Objectives

Drafting of a clear set of principles expressing the City’s and LandCorp’s aims and objectives for the subdivision development. This is essential to ensure that both parties understand the expectations and agree on the type and quality of subdivision to be developed throughout the term of the JV.

Scope of the Joint Venture

The preferred JV model between the City and LandCorp is for a long term Agreement, covering all aspects of the subdivision development; from preliminary design, through the various construction stages and subsequent marketing and sale of the subdivided Lots in each stage of the overall subdivision.

LandCorp’s Project Management role would also cover all stages of the subdivision development, including:-

· obtaining necessary approvals;

· tendering for the supply of relevant goods and services;

· coordination and supervision of all works; and

· marketing and sale of the developed Lots.

Development would occur across the entire JV area, with staging based on market demand. Actual development costs and proceeds from land sales would be apportioned between the City and LandCorp based on the agreed equity split.

The JV Agreement would provide for LandCorp to receive a percentage fee for undertaking the active Project Management function. This fee percentage is currently under negotiation.

Method of Determining Equity Split

Incorporating the entire 400 hectares into the JV provides flexibility for the actual location of successive stages of the subdivision. Adopting an averaging process for the apportionment of costs and proceeds means that both parties share the risks and returns during the entire term of the JV regardless of what parcel of land is actually being developed at any particular time.

The ‘equity split’ is effectively a calculation of the value of each party’s land as a percentage and will be used to apportion subdivision costs and proceeds from sales. The calculation is critical in ensuring that each party is appropriately recognised for its contribution to the JV. Whilst the process is still being determined, the calculation is likely to include the following factors:-

· land areas available for subdivision

· current market values and likely variations in future values

· status of resource extraction

· obvious development constraints

Joint Venture Management Group

The subdivision development will be undertaken generally in accordance with the terms and conditions of the JV Agreement, including the agreed subdivision objectives. As there are two discrete organisations involved, a JV Management Group is proposed to be established for the day-to-day operational management and control of the subdivision activities. The Management Group shall operate in a commercial manner and:-

· Consist of two senior representatives from each organisation with equal voting rights.

· Given the role of the group and nature of the functions required, it is proposed that the City’s representatives should be the Director Corporate Services and Director Infrastructure Services.

· Within the constraints of relevant legislation and subject to adopted business rules, shall have delegated authority from the CEO to undertake a range of functions, including award of tenders.

· Decisions must be unanimous and be within approved constraints, including the annual development plan, approved Budget and agreed guidelines.

A Steering Committee is proposed to be established consisting of Elected Members and Council Officers to act in an advisory manner in the overseeing of the JV activities.

It is envisaged that this group will make recommendations to Council on the subdivision development plan for each stage, annual budget and other strategic matters.

Special Conditions

There will be an opportunity for each Party to identify special conditions that may have an impact on the ultimate subdivision. These could include:-

· Nominating any land areas likely to be required for special purposes. As an example, this would provide the opportunity for the City to provide for the eventuality that there may be a requirement for depot facilities. The JV Agreement will need to address the financial arrangements involved in these circumstances.

· Identifying whether incentives are likely to be offered to attract ‘key’ industries.

· Termination clauses for various circumstances.

Consultation

See Statutory Compliance section.

Comment

Actively participating in the strategic subdivision of land in Neerabup provides the City with a real opportunity to influence the process, most importantly by ensuring that the land is brought to the market as soon as practically possible. Establishing a joint venture with LandCorp for the staged subdivision across the combined land area (approx. 400ha) should lead to a more cohesive subdivision process and offer the following distinct advantages:-

§ partnering with a ‘specialist land development’ agency with the expertise and resources to undertake a quality subdivision development;

§ flexibility in the design and location of successive stages of the subdivision;

§ complementary operating philosophy and development objectives, including emphasis on environmental and social factors;

§ consistent commitment to achieve a first stage land release early 2008;

§ opportunity to foster a whole of government approach to service provision; and

§ economies of scale in development costs, particularly infrastructure provision.

In developing the JV, it is essential to take a long term view, given the size of the land area involved and likely time frame the overall subdivision will be developed over. Accordingly, it will be important for the JV Agreement to clearly outline each party’s objectives, roles and responsibilities, including the Project Management function to be assigned to LandCorp.

Given the nature of the JV being considered, it relies on an averaging effect to deliver the fairest outcome in the long term. Fundamental to this process is the inclusion of the sale of land into the JV process and the sharing of the proceeds accordingly. The advantage of this model is that the development risks along with the market risks and benefits are shared equitably. Therefore, it is only necessary to agree on an appropriate fee for LandCorp to undertake their additional ‘coordination’ activities, with all other costs and proceeds shared in accordance with the agreed equity split.

Whilst there is still a range of detail issues to be negotiated, it is important to step through the process with a reasonable degree of comfort for each party.

Statutory Compliance

The actual subdivision development will need to comply with all relevant planning and environmental requirements. In addition, a JV of this nature has significant implications on the Local Government Act 1995 (the Act), including:-

Section 3.57 Tenders for Providing Goods and Services

The City and LandCorp as the Project Manager for the JV will be bound by the requirements of this section of the Act and the applicable regulations outlined in the Local Government (Functions and General) Regulations 1996 (the Regulations) when dealing with contracts of a value exceeding $50,000.

JV Payments will fall into two categories:-

1. The payment of Project Management fees by the City to LandCorp.

The Regulations provide an exemption from the tendering requirement where the contract is with a Government agency, however, whilst LandCorp is wholly owned by the State Government, its own legislation indicates that it “is not an agent to the crown” and therefore may not be entitled to this exemption.

An exemption also exists in circumstances where a local government considers “it is unlikely that there is more than one potential supplier”. Given the nature of the JV, which is based on the premise that there are distinct advantages in undertaking the subdivision in combination with LandCorp, it leads on that the project management function on the City’s land will need to be undertaken by LandCorp. Therefore it is considered reasonable that this exemption would cover the payment of Project Management fees.

2. The actual costs associated with the subdivision process

In this instance, given that each of the related activities will be undertaken by appropriate consultants and contractors, with the City either contributing directly or indirectly to the payments, the relevant contracts should be entered into in full compliance of the Regulations.

Section 16(3) of the Regulations indicates that the Chief Executive Officer can authorise a person to open tenders. This is to provide the opportunity for the tender process to be outsourced, subject to appropriate controls being implemented. As Project Manager, LandCorp will be required to administer Tenders on behalf of the City, with the approval responsibility ideally held by the City’s representatives on the JV Management Group. Therefore in order to streamline the tendering process, opportunities for the delegation of some of the relevant functions will need to be explored.

Section 3.58 Disposing of Property

This section of the Act outlines the specific process to be followed by local governments when considering the disposal of property. Procedures will need to be defined to ensure that the disposition of the developed Lots will be undertaken (by LandCorp) in compliance of these requirements.

Section 3.59 Commercial Enterprises by Local Governments

Whilst Council has previously endorsed its intention to commence a Major Land Transaction at Neerabup, a joint venture arrangement of this nature requires an amendment to the Business Plan to comply with the requirements of Regulation 10 of the Local Government (Functions and General) Regulations 1996, which states:-

“(a) the business plan is to include details of the whole undertaking or transaction, even though the local government is not the only joint venturer; and

(b) the business plan is to include details of-

(i) the identity of each joint venturer other than the local government;

(ii) the ownership of, and any other interests in, property that is involved in, or acquired in the course of, the joint venture;

(iii) any benefit to which a joint venturer other than the local government may become entitled under or as a result of the joint venture; and

(iv) anything to which the local government may become liable under or as a result of the joint venture.”

An amended Business Plan was endorsed by Council on 31 January 2006 and a Public Notice advertised on 4 February 2006. The Notice included an invitation for public submissions on the proposal, with the submission period closing on 20 March 2006. No public submissions were received in response to the invitation, therefore, Council is now in a position to formally approve entering into a JV Agreement with LandCorp.

Strategic Implications

This project has the potential to address a number of the goals and strategies as defined in the City’s Strategic Plan (2002-2005), including:-

“Environmental Sustainability

1.4 Foster a culture of environmental awareness, ownership and action within the community and the organization.

Healthy Communities

2.6 Provide and manage infrastructure to meet the needs of the community

Economic Development

3.2 Identify, support and respond to the needs of existing and new industries

3.3 Encourage employment growth within the community”

Policy Implications

Nil

Financial Implications

The current budget includes a provision of $386,000 for consultancy fees to progress the preliminary subdivision planning, including a range of scheme amendment studies. To date, the following funds have been committed:-

$4,100 review of flora survey

$70,000 contribution to design and costings of strategic roads

$9,500 preparation of briefs for structure plan studies

$31,066 drilling programme

$114,666

The following five year projections have been listed on the Draft Capital Works Budget:-

Municipal Reserve Loan Total

2006/2007 $10,000 $500,000 $510,000

2007/2008 $4,000,000 $4,000,000

2008/2009 $700,000 $3,000,000 $3,700,000

2009/2010 $3,000,000 $3,000,000

2010/2011 $3,000,000 $3,000,000

Whilst at this early stage it is difficult to accurately determine the potential returns that could be achieved from the City’s land over the life of the subdivision (perhaps 15-20 years), there are some broad indicators that can be used to provide a guide of the potential in today’s values:-

Lot 203 203 hectares

Less Bush Forever area 17 hectares

186 hectares

Less 10% servicing/infrastructure 19 hectares

Total serviced Lots 167 hectares or 1,670,000m²

Subdivision/servicing costs $50 per m²

Proceeds $160 per m²

Profit $110 per m²

If the current value of unserviced land in Neerabup is assumed at $40/m², the increase in the market valuation for serviced land is in the order of $70m². Therefore, the net return for the City is potentially in the order of $117m. This estimate will be influenced by certain risks; cost of borrowing, ongoing demand for industrial land, development costs and potential revenues from raw resources, however these can be factored in and are not considered to be high risk.

Based on the anticipated development timetable, it is likely that sales income will commence in the 2008/09 financial year. However, whilst the subdivision process will be staged, it is likely that the early staging will bear a proportionately higher level of the infrastructure costs, which will impact on the cash flow from the project.

As the preliminary planning process progresses, a better indication of subdivision costs and yields will be developed and the City, in conjunction with LandCorp will be able to prepare detailed financial projections.

Voting Requirements

Absolute Majority

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Recommendation

That Council:-

1. NOTES that no public submissions were received in response to the public notice advertised in the Western Australian Newspaper on 4 February 2006, dealing with the Business Plan – “Proposed Joint Venture for the Subdivision of Lot 4 Flynn Drive, Neerabup”;

2. APPROVES BY ABSOLUTE MAJORITY the intent to enter into a Joint Venture with LandCorp for the subdivision development of Lot 4 Flynn Drive, Neerabup in accordance with the extended management function option outlined in the approved Business Plan subject to:

a) Agreement being reached on the Project Management Fee;

b) Endorsement of the process for the calculation of the equity split; and

c) Preparation of a suitable Joint Venture Agreement between the City and LandCorp; and

3. NOTES that a further report will be presented to Council seeking approval to enter into the formal Agreement with LandCorp for the Joint Venture detailed in 2. above, and outlining the relevant amendments to procedures and delegations required to enable the Joint Venture.

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Community Development

Leisure & Library Services

CD01-05/06 Response to Petition PT05-04/06 – Upgrade Lighting and Playing Surfaces at Gumblossom Oval

File Ref: PR27/00012V01

File Name: BAUpdate on the Progrrss of the Upgrade of Lighting and Playing Surfaces at Gumblossom Oval.doc This line will not be

Level 1 Approval by Ian Ireland Date 24 April 2006printed dont delete

Responsible Officer: Director Community Development

Disclosure of Interest: Nil

Author: Recreation Officer Facility Development

Meeting Date: 16 May 2006

Attachments: Nil

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Issue

To consider works related to the Gumblossom Reserve Master Plan in response to the Petition received from the Jack Soccer Club (PT05-04/06).

Background

The further development of Gumblossom Reserve, Quinns Rocks, is guided by the Gumblossom Reserve Master Plan, which was adopted by Council at its meeting on 14 October 2003 (report CD04 – 10/03). The purpose of the Master Plan was to develop a strategy for future infrastructure development requirements for Gumblossom Reserve, including:

· Active Reserves,

· Gumblossom Community Centre and Car Parking,

· Tennis Courts,

· Skateboard Park,

· Quinns Rocks Sports Club,

· Remnant Bushland and Signage

At the Ordinary Meeting of Council on 4 April 2006 a petition of 203 signatures was presented to Council (PT05-04/06) from the Jacks Soccer Club requesting the floodlighting on Gumblossom Reserve be brought into line with AS 2560.2.3 and the playing surface be maintained to an “acceptable level” to accommodate its members.

Detail

The Gumblossom Reserve Master Plan includes a number of items in relation to improvement of the playing surfaces and floodlighting which were identified and listed for consideration within the City’s Five Year Infrastructure Works Program, including:

· Extension to the Playing Surfaces

o Relocation of Cricket Nets – complete.

o Realignment of Cricket Wicket – complete

o Levelling of playing surface to south of Reserve – complete.

o Levelling of playing surface to west of Reserve – complete.

o Installation of Safety fencing to northeast edge of reserve – complete.

· Floodlighting Upgrade

o Upgrade of Western Power Supply to Reserve

o Installation of floodlighting to AS2560 2.3 to Western Reserve

o Removal of existing floodlighting

· Construction of Changeroom Facilities including,

o Changerooms

o Kiosk

o Toilets

o Storage areas

Budgetary considerations both within the City’s Five Year Infrastructure Works Program and the Department of Sport and Recreation’s Community Sports and Recreation Facilities Fund (CSRFF), a key funding source for a number of the elements of the Master Plan, have dictated that the Gumblossom Master Plan has required to be delivered in a phased manner.

Three of the remaining elements of the Master Plan, have successfully been awarded grant funding from the Community Sports and Recreation Facilities Fund in the 2005 funding round and are to be implemented as follows.

*Project*	*CoW* *Proposed Year*	*Total Cost of Project*	*CSRFF Award*	*CSRFF* *Award Year*
Upgrade to Western Power Supply at Gumblossom Reserve, Quinns Rocks	2006/07	$362,978	$100,000	2006/07
Installation of Floodlighting to Gumblossom Reserve, Quinns Rocks	2006/07	$258,522	$120,075	2007/08
Construction of changeroom/clubrooms at Gumblossom Reserve.	2007/08	$691,944	$230,648	2008/09

The timeframes in which the funding is awarded varies from the initial proposal submitted by the City of Wanneroo and as such adjustments in timeframes have had to be applied to the City’s Five Year Infrastructure Works Program to reflect the CSRFF award timeframes.

In addition to the above specific works, items have been listed for consideration within the Five Year Infrastructure Works program to upgrade the irrigation network including sports surface levelling on the active sports area to further improve the quality of the playing surface as follows.

· 2006/2007 – Bore upgrade and surface levelling works $100,000.00

· 2007/2008 – Irrigation Upgrade and surface levelling works $145,000.00

· 2008/2009 - Irrigation Upgrade and surface levelling works $100,000.00

Consultation

Throughout the development of the Master Plan, users of the reserve were consulted and involved in a number of workshops, including the Jacks Soccer Club.

In addition ongoing consultation with all the clubs using the reserve has been undertaken as to the most appropriate timing for work to be carried out to minimise any disruption to bookings on the reserve.

Following the Ordinary Meeting of Council on 4 April 2006 at which the results of the 2005 round of CSRFF application were presented (report CD02 –04/06), correspondence was sent to The Jacks Soccer Club, advising them of the outcomes of the application and the planned timeframes for the works to be undertaken, subject to the acceptance of the City’s 5 Year Infrastructure Works Program.

Comment

The level of play at Gumblossom has meant that for the past few seasons the playing surface has been overplayed and the maintenance regime has struggled to maintain the fields in a good condition. Although never unplayable, the surface has given concern to both clubs and Administration.

Administration has been proactively involved with The Jacks Soccer Club to develop practices to rotate training around the reserve where practicable and also relocating training to other reserves in the area in an effort to reduce loading on Gumblossom Reserve. In addition to this, significant works have been undertaken by Administration to improve the current quality of the playing surface.

Maintaining a quality playing surface at Gumblossom is complicated by the fact that the reserve is designated as a herbicide free area due to a local resident being herbicide sensitive. Despite this Administration have undertaken works using methods compliant with the herbicide free nature of the reserve to enhance the turf quality throughout the 2005 summer season and it is now in a condition that will be more resilient to the level of use anticipated.

The Western Power Supply upgrade and floodlighting installation were initially planned for 2006/07, however the CSRFF grant application for 2004 round was unsuccessful. A subsequent successful application was made to CSRFF in the 2005 round as reported to Council on 4 April 2006 (report CD02 – 04/06).

Installation of floodlighting to the western reserve in 2007 will allow training to take place across the majority of the reserve, reducing the overall loading on the turf. Currently training takes place under the existing floodlighting and in the past has caused extensive localised damage to turf areas.

Statutory Compliance

Approval to Commence Development for the Gumblossom Master Plan (DA04/0719) was lodged on 26 October 2004, with approval issued on 22 November 2004. Approval covers all aspects of the Master Plan development as detailed above.

AS 2560 2.3 (1986) Lighting Standards do not have to be applied retrospectively, however do apply to any new installations considered by the City.

Strategic Implications

This project is clearly aligned with the City’s Strategic Plan and Smart Growth Strategy, in particular Council’s focus upon Healthy Communities in the form of promoting lifestyle choice and provision of quality services and infrastructure.

Policy Implications

Nil

Financial Implications

At its meeting on 4 April 2006 (report CD02-04/06) Council adopted the revised project costs including industry cost escalations for each stage of the proposed works are as follows. These changes have been reflected in the 5 Year Infrastructure Works Program.

*Project*	*Year*	*Cost of Project*	*Escalation Element*	*Revised Project Cost*
Upgrade to Power Supply at Gumblossom Reserve, Quinns Rocks	2006/07	$362,978	Nil	$362,978
Installation of Floodlighting to Gumblossom Reserve, Quinns Rocks	2007/08	$258,522	$20,535	$279,057
Construction of changeroom/clubrooms at Gumblossom Reserve.	2008/09	$691,944	$62,275	$754,219

Voting Requirements

Simple Majority

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Recommendation

That Council:-

1. NOTES the successful application made to the Department of Sport and Recreation’s Community Sport and Recreation Facility Fund for floodlighting upgrades to Australian Standard 2560.2.3 and power upgrade on the Western Reserve and the proposed implementation timetable as per Council report CD02-04/06.

2. NOTES the proposed works outlined within the City’s Five Year Infrastructure Works Program to remedy the identified ground issues at Gumblossom Reserve.

3. DIRECTS the Director Community Development to write to The Jacks Soccer Club in response to the petition PT05-04/06, detailing the proposed implementation timetable for works to be completed on Gumblossom Reserve, in particular, floodlighting to AS2560.2.3 and playing surface improvement works.

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CD02-05/06 Response to Petition (PT05-08/05) Request for Playground Equipment in Strathpine Park, Landsdale

File Ref: PR17/0009V01

File Name: BA Response to Petition PT05 08 05 Request for Playground Equipment in Park Landsdale.doc This line will not be printed dont delete

Responsible Officer: Director Community Development

Disclosure of Interest: Nil

Author: Acting Manager Leisure Services

Meeting Date: 16 May 2006

Attachment(s): 1

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Issue

To consider petition (PT05-08/05) from residents living adjacent to Strathpine Park, Landsdale, requesting the installation of playground equipment to cater for the needs of children in the immediate area.

Background

At its meeting on 30 August 2005, Council received a petition of 13 signatures from residents surrounding Strathpine Park requesting the installation of playground equipment at the park. Strathpine Park is located in the locality of Landsdale and is bordered by Strathpine Chase, Sherwin Rise, Hersey Parkway and Hansen Vista (Attachment 1).

The request was made on the basis that it “is frequented by many young children in the vicinity” and sought the provision of a climbing frame with slippery dip and swings in a sand pit.

The petition recognised the provision of playgrounds at Broadview Park, Landsdale but identified Abbotswood Drive and The Broadview as being barriers to access given their distance and volume of traffic.

The petition also included comment on the current extent of development of the park (residents are concerned that the park is not fully landscaped) and other issues relating to weed problems with the turf, rubbish build up in the bush and erosion of the gravel paths.

Detail

Strathpine Park is currently being maintained by the estate developer, City Zone Holdings, with the 24 month maintenance period scheduled to conclude in June 2006.

The extent of the park development as initially marketed by the Developer, indicated that the park would be fully landscaped and as a result resident expectation was that this was going to occur. Subsequently the Developer revised the concept for the park, which resulted in the park being partially developed with a turfed area and walking paths, with the balance being left as remnant bushland.

Administration advises that the issues with the existing turf and stability of the limestone paths rests with the Developer and that the Developer will be required to address these issues to Administration’s satisfaction prior to the hand over of maintenance responsibilities occurring.

With respect to the provision of the requested playground equipment, Administration can confirm that playground equipment is currently provided at Broadview Park and Warradale Park. This equipment includes a double swing combination unit and spring car ride at Broadview Park and a double swing combination unit at Warradale Park, which is adjacent to the Warradale Community Centre.

None of the other parks within the Landsdale development have playground installations.

The cost of supply and installation of playground equipment similar to that described within the petition is estimated to be $30,000.

No allowance has been made within the Parks Furniture Five Year Infrastructure Works Programme for the provision of this equipment in the 2006/2007 financial year.

Consultation

No additional consultation has been undertaken with residents in regards to this item.

Comment

Whilst Administration recognises that the provision of playground equipment such as that requested by the petitioners adds an important dimension to the functionality of playgrounds, it is important that the process of providing such equipment occurs in a planned manner.

In this context planning of the development of playgrounds extends beyond the provision of the equipment itself. Planning in this context relates to:

· Developing play spaces as opposed to playgrounds, which provide play opportunities for children beyond the traditional pre-fabricated equipment,

· Establishing a hierarchy of playground provision that guides the number, size and location of play spaces across the City,

· Understanding in more detail the current and future demographics of each locality to facilitate the provision of play spaces that more effectively meet the needs of children within the community.

The undertaking of such planning for play spaces and related playground equipment is essential in ensuring the effective use of the City’s resources, both capital and ongoing operational. The outcomes of an effective planning process will also provide Administration with the opportunity to more effectively manage the provision of playgrounds by Developers, ensuring equipment and spaces provided meet the needs of the community.

In respect to this petition, it is recommended that the cost of providing playground at Strathpine Park, Landsdale be listed for consideration in the 2007/08 Parks Furniture Five Year Infrastructure Works Programme, subject to the development of a policy to guide the planning and development of play grounds and play spaces within the City of Wanneroo.

Statutory Compliance

Nil.

Strategic Implications

The provision of playgrounds and playground equipment is generally in keeping with the City’s Strategic Objective of Healthy Communities.

Policy Implications

At this point in time there is no existing policy that provides guidance in relation to the planning and development of playgrounds. It is the intention of Administration to undertake to develop such a policy for Council’s consideration prior to the end of the current calendar year.

Financial Implications

This will occur in the financial deliberations for the 2007/2008 budget.

Voting Requirements

Simple Majority

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Recommendation

That Council LISTS the sum of $30,000 for consideration in the 2007/08 Five Year Infrastructure Works Programme, for the provision of playground equipment at Strathpine Park, Landsdale subject to the development of an appropriate policy to guide the planning and development of playgrounds within the City of Wanneroo.

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ATTACHMENT 1

Strathpine Park

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CD03-05/06 Proposed Adoption of The Royal Life Saving Society’s Watch Around Water Initiative by Aquamotion

File Ref: PA13/0003V01

File Name: BAWatch and Around Water.doc This line will not be printed dont delete

Responsible Officer: Director Community Development

Disclosure of Interest: Nil

Author: Centre Manager Aquamotion

Meeting Date: 16 May 2006

Attachments: Nil

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Issue

To consider the adoption of the ‘Watch Around Water’ initiative developed by the Royal Life Saving Society.

Background

Watch Around Water is an industry driven initiative developed by Royal Life Saving’s WA branch in conjunction with the Leisure Institute of Western Australia (LIWA) as a result of research into drowning and accident prevention in public aquatic facilities.

The initiative addresses the critical issue of the supervision of children by parents and guardians in public aquatic centres. The program aims to counter the prevailing misconception by parents that the sole role of the lifeguard within these facilities is to watch their child whilst they are in the water.

The campaign was piloted in 15 centres throughout WA during 2004 and 2005 and now has over 40 accredited centres in Western Australia alone. The success of the Watch Around Water campaign throughout the state has seen its expansion to a national level with accredited centres in Queensland, New South Wales and the Australian Capital Territory. The overwhelming interest in the program amongst the aquatic industry will see the initiative expand to become a nation-wide campaign in 2007.

The main aim of the initiative is to introduce statewide supervision guidelines for children attending public aquatic centres to ensure their safety without discouraging their attendance. The main principles of the initiative state that:

· Children under ten must be supervised in the centre by a responsible adult over the age of 16 years.

· Children under five (i.e. four years and under) must be supervised in the water within arms reach by a responsible adult over the age of 16.

Detail

From an Aquamotion perspective, the specific benefits from being aligned with the initiative are as follows.

· A close link to RLSSA to provide well resourced support to enforce relevant regulations. The association with RLSSA and LIWA Aquatics will also provide additional benefits to management and operations of Aquamotion.

· Statistics to support the initiative and the desired outcomes

· Signage, stickers, PA announcements and brochure inserts to promote the initiative

· Education and training for Aquamotion staff on the best means to approach guardians who are not complying

At this point in time, Aquamotion has sought to promote the principles of the initiative, in encouraging children under five to be closely supervised by an adult while in the water. However for Aquamotion to fully support the initiative, it is considered necessary to amend the current schedule of fees and charges as it applies to free entry for children.

Currently children 3 years of age and under are afforded free entry for use of the pool when a swimming adult accompanies them. Children who are four years of age are required to pay a child swim fee of $2.40 and are required to be accompanied by either a swimming adult or an adult spectator. As a consequence they are not always in the immediate care of an adult while in the water.

To enable Aquamotion to effectively support the principle that children under five (i.e four years and under) must be supervised in the water and within arms reach of an adult, it is proposed that the age limit for a free child entry to the centre (when accompanied by a swimming adult) be raised from three years and under to four years and under.

Comment

By implementing the change in the age limit as it applies to free child entry to the centre (when accompanied by a swimming adult), Aquamotion is a better position to implement the Watch Around Water initiative and therefore provide a safer aquatic environment for children.

In addition to this, Aquamotion’s participation in the initiative means that the centre is adhering to recognised best practice within the aquatic industry.

Statutory Compliance

Nil

Strategic Implications

The Watch Around Water initiative is consistent with the following City of Wanneroo Strategic Plan goals and objectives:

“Healthy Communities

2.4 Support safe and secure communities.

2.6 Provide and manage infrastructure to meet the needs of our community.

2.7 Provide community focussed services and lifestyle opportunities.”

Policy Implications

Nil

Financial Implications

The cost for accreditation to the Royal Life Saving Society for the initiative is $350 per annum. This includes training materials, promotional materials, policy support and signage.

The increase of the age limit for free child entry (when accompanied by a swimming adult) from three years of age and under to four years of age and under is estimated to be in the order of $690 per annum. This estimate has been calculated on the current number of four year olds who attend Aquamotion, as outlined below. The number of four year old entries has been calculated on a twelve month period from March 2005 to March 3006.

Current Situation

Category	Fee per entry	Number of entries	Total
4 year old swim	$2.40	600	$1440
Adult Spectator	$1.20	300	$360
Adult Swim	$3.70	300	$1,110
Total			$2,910

For the purposes of this exercise an assumption has been made that of the 600 four year old entries, half of these are accompanied by a swimming adult, while half are accompanied by a non-swimming (spectator) adult. This assumption has been made because point of sale statistical data at Aquamotion does not record who accompanies a child swim. Based on this scenario the total income generated is estimated at $2,910 per annum.

Proposed Situation

Category	Fee per entry	Number of entries	Total
4 year old swim	$0	600	$0
Adult swim	$3.70	600	$2,220
Total			$2,220

The table above demonstrates the financial implications of the implementation of the proposed amendment to the schedule of fees and charges, where children four years and under are afforded free entry to the centre (when accompanied by a swimming adult). An assumption has been made that all four year old child entries will be accompanied by a swimming adult.

As a result, the total income generated is estimated at $2,220 per annum.

On this basis the net effect of the proposed change in the schedule of fees and charges to support the Watch Around Water initiative is in the order of $690 per annum.

Voting Requirements

Simple Majority

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Recommendation

That Council: -

1. ENDORSES the full adoption of the Royal Life Saving Society Watch Around Water Initiative at Aquamotion.

2. AUTHORISES an amendment to the 2006/07 schedule of fees and charges for Aquamotion increasing the age of free entry for children accompanied by a swimming adult from three years of age and under to four years of age and under.

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Ranger & Safety Services

CD04-05/06 Applications to Keep More Than Two Dogs – Various Addresses

File Ref: P27/2335V01, P11/1242V01

File Name: CA Application To Keep More Than Two Dogs.doc This line will not be printed dont delete

Responsible Officer: Director Community Development

Disclosure of Interest: Nil

Author: Kristy Sticken

Meeting Date: 16 May 2006

Attachments: Nil

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Issue

To consider these applications for an exemption to Council’s Local laws made under Section 26(3) of the Dog Act 1976 to keep more than two dogs.

Background

Clause 14 of the City of Wanneroo Animal Local Laws 1999 stipulates:

“A person shall not keep or permit to be kept on any premises more than:

a) 2 dogs over the age of 3 months and the young of those dogs under that age; or

b) 6 dogs over the age of 3 months and the young of those dogs under that age if the premises are situated within a rural area or comprise a lot in a special rural area having an area of 4 hectares or more;

unless the premises is licensed as an approved kennel establishment or has been granted an exemption pursuant to section 26(3) of the Dog Act 1976 and have planning approval under the Town Planning Scheme.”

At its meeting of 26 April 2006, Council referred back to Administration an application from the resident of 40 Brecknock Way, Girrawheen, for further information. This application is reconsidered in this report.

Detail

The following application has been made under the Dog Act 1976 and is submitted for consideration:

Address of Applicant

Description of Dogs

140 Ocean Drive, Quinns Rocks

Male, Black,Toy Poodle

Female, Black, Toy Poodle

Address of Applicant

Description of Dogs

40 Brecknock Way, Girrawheen

Female Black and White Border Collie

Male Black and White Border Collie

A Ranger has inspected this property to ensure means exist on the premises at which the dogs will ordinarily be kept for effectively confining within the premises.

Address of Applicant

Property Zoning

Size of Property

140 Ocean Drive, Quinns Rocks

Residential

0.0759 ha

40 Brecknock Way, Girrawheen

Residential

0.0693 ha

Consultation

It has been the practice where applications are received by the City to keep more than two dogs, that residents immediately adjoining the applicant’s property in question have been consulted by letter to ascertain if they have any objections.

On this occasion the following objections have been received:

140 Ocean Drive, Quinns Rocks

Number of residents consulted: 3

Number of objections received: 1 (two previous complaints received)

40 Brecknock Way, Girrawheen

Number of residents consulted: 5

Number of objections received: Nil (one previous complaint received)

Comment

In considering these applications for exemption, the following two options are available:

a) Council may grant an exemption pursuant to Section 26(3) of the Dog Act 1976 subject to conditions;

b) Council may refuse permission to keep more than two dogs.

140 Ocean Drive, Quinns Rocks

The applicant is seeking approval to keep their third dog, a Toy Poodle, called “Bodgie”. The applicant advises that “Bodgie” is elderly and not in the best of health and will not be replaced when he passes away. The applicant’s two other registered dogs are also Toy Poodles.

Ranger and Safety Services received a barking dog complaint in February 2006. The barking dog complaint has been successfully resolved with the applicant taking appropriate action to block the view of people passing by. The complainant has advised the Ranger that the dogs have now ceased barking. The second objection received related to the applicant allegedly bringing home puppies from their Pet Shop and allow them to bark and yap. Also the complainant advised of concerns with the welfare of the dogs. The Ranger attended the address and sighted two dogs who appeared to be in good health with ample sustenance and shelter. The complainant was notified of the Rangers actions.

All fences are 1.8 metres high and made of Fibro with a side gate also made of Fibro and stands 1.8 metres in height. The backyard is of a large size and all dogs sleep inside the house. There is ample room for all dogs to exercise.

The inspecting Ranger advises that the property is adequate for the confinement and exercise of the dogs. Fence and gates are in compliance with regulations. The Ranger has recommended that an exemption to the City of Wanneroo Local Laws 1999 made under Section 26(3) of the Dog Act 1976 be granted.

40 Brecknock Way, Girrawheen

“Aussie” is a black and white Border Collie and regrettably was neglected and badly treated by his previous owner. The applicant was given “Aussie” who has nursed him back to a healthy and obedient dog and now seeks Council approval to keep three dogs.

The Ranger advises the backyard is of medium size containing sand with and no grassed area. All boundary fences vary in height, the rear fence is 1.5 metres, the left fence 1.6 metres and the right fence 1.8 metres. There is one gate situated at the rear of the property standing 1.8 metres high. All dogs sleep inside.

Please note there was a previous complaint made in January 2006 in relation to five dogs residing at the property. Investigations relating to this complaint resulted in two of the dogs being surrendered to the City of Wanneroo in February 2006.

The inspecting Ranger advises that the property is not adequate for the confinement and exercise of any additional dogs. The Ranger has not recommended that an exemption to the City of Wanneroo Local Laws 1999 made under Section 26(3) of the Dog Act 1976 be granted.

Statutory Compliance

This application for exemption to Council’s Local laws made under Section 26(3) of the Dog Act 1976 has been detailed in the report.

Strategic Implications

2. Healthy Communities

“To foster an idenity that promotes lifestyle choice and provision of quality services and infrastructure

Goal 2.5 Foster a community that finds strength in its diversity

Goal 2.7 Provide community focussed services and lifestyle opportunities.”

Policy Implications

Nil

Financial Implications

Nil

Voting Requirements

Simple Majority

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Recommendation

That Council:-

1. GRANTS an exemption to the City of Wanneroo Animal Local Laws 1999 made under Section 26(3) of the Dog Act 1976 to keep three dogs at the following properties subject to the following conditions:

· 140 Ocean Drive, Quinns Rocks

i. If any one of the dogs die or is no longer kept on the property, no replacement is to be obtained;

ii. Any barking by the subject dogs is to be kept to a minimum;

iii. This exemption may be varied or revoked if any complaints are received which are considered reasonable.

2. RESERVES THE RIGHT to vary or revoke, at any future date, the exemption given to the applicant should any relevant conditions be contravened.

3. REFUSES an exemption to the City of Wanneroo Animal Local Law 1999 made under Section 26(3) of the Dog Act 1976 for the following listed properties:

· 40 Brecknock Way, Girrawheen

4. ADVISES the applicant that they may appeal Council’s decision by writing to the Hon Minister for Local Government and Regional Development within 28 days of receiving notice of Council’s decision.

5. ADVISES the adjoining neighbours of this decision.

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Governance and Strategy

Governance & Customer Relations

GS01-05/06 Community Funding Allocations March 2006 Round

File Ref: S17/0127V01

File Name: AA Community Funding Allocations March 2006 Round.doc This line will not be printed dont delete

Responsible Officer: Director, Governance & Strategy

Disclosure of Interest: Nil

Author: Rhonda Bowman

Meeting Date: 16 May 2006

Attachment(s): 1

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Issue

To consider recommendations from the Community Funding Working Party for the current round of Community Development and Community Event Sponsorship Funding within the City of Wanneroo’s Community Funding Program.

Background

Council offers two rounds of Community Funding to the community each financial year, in October and in March. The Funding provides an opportunity for community organisations to apply for funding to support community events, activities and projects.

Detail

The number of applications received in this round totalling 27 with 16 of these applications for the Community Development Funding category and 11 applications for the Community Event Sponsorship category. Copies of these applications have been placed in the Elected Members Reading Room for further information.

The Community Funding Working Party met on Tuesday, 2 May 2006, to assess all applications received.

Recommendations made by the Working Party with regard to the 27 applications received are summarised in Attachment 1.

Consultation

Groups were invited to attend information sessions to increase the effectiveness of their applications and ensure that eligibility requirements were clear to those applying.

Comment

All applicants will be advised in writing of the outcome of their application.

Recommendations made by the Working Party are also detailed in the Officers Recommendation

The table below details what wards the applications for this round have come from.

Ward	Number of Applications
North	2
Coastal	4
Hester	3
Central	3
Wanneroo	10
Alexander	2
South	3
Outside City of Wanneroo	0

Statutory Compliance

Nil

Strategic Implications

The Community Funding Program is supportive of Councils strategic direction regarding the development and support of Healthy Communities.

Policy Implications

Nil

Financial Implications

Category	Amount Requested	Amount Recommended
Community Development	$32,084.80	$5,449.00
Event Sponsorship	$28,617.20	$7,605.00
Total	$60,701.60	$13,054.00

All Community Funding grants are allocated from the Community Funding Account
(05801 001 4401).

Voting Requirements

Simple Majority

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Recommendation

That Council ENDORSES the recommendations of the Community Funding Working Party, made at the Community Funding Working Party Meeting on Tuesday, 2 May 2006, as indicated below:-

a) ENDORSES funding of $650.00 via Community Development Funding to Alinjarra Primary School P & C Association to support a Sensory Garden subject to further details being provided regarding the project to the satisfaction of the Chief Executive Officer and on the condition of proof of adequate public liability insurance;

b) DOES NOT SUPPORT funding via Community Development Funding to
Alta 1/Kingsway Christian College for a Personal Development Program;

c) DOES NOT SUPPORT funding via Community Development Funding to the Brighton Estate Residents Association After School Film Program as Council already support this program through subsidised hire of the Clarkson Youth Centre through the Facility Hire and Use Policy;

d) ENDORSES funding of $1,800.00 via Community Development Funding to Challenge Brass Band to support a Challenge Brass Band Workshop for the costs of accommodation;

e) ENDORSES funding of $700.00 via Community Development Funding to Girrawheen/Koondoola Senior Citizens Club to support the re-clothing of two small pool tabes.

f) ENDORSES funding of $299.00 via Community Development Funding to King’s Way Perth WA Inc to support the YOUR CHILD Parenting Course;

g) ENDORSES funding of $500.00 via Community Development Funding to Mofflyn to support the Community Vegetable Garden on the condition of proof of adequate public liability insurance;

h) DEFER funding via Community Development Funding to NazCare Inc in partnerships with Gnangara Community Church of the Nazarene Inc to support the Driving Deadly Program to the October 2006 round of funding subject to further information being provided;

i) DOES NOT SUPPORT funding via Community Development Funding to NazCare Inc in Partnership with Gnangara Community Church of the Nazarene Inc for the Indi PC’s Project;

j) DOES NOT SUPPORT funding via Community Development Funding to NazCare Inc in Partnership with Gnangara Community Church of the Nazarene Inc for the Powerhouse Project;

k) ENDORSES funding via Community Development Funding to the Quinns Rocks Fishing Club Inc to support the purchase of a sun shelter on the condition of proof of adequate public liability insurance;

l) ENDORSES funding via Community Development Funding to the Special Olympics Western Australia to support the National Games Training Camp;

m) DEFER funding via Community Development Funding to the Wanneroo Amateur Football Club for the Promotion of Senior Football Program to the October 2006 round of funding subject to the club approaching the Western Australian Football Commission first, providing further information regarding the program and on the condition of proof of incorporation;

n) DEFER funding via Community Development Funding to the Wanneroo Amateur Football Club for the Promotion of the Wanneroo Showgrounds Program to the October 2006 round of funding subject to the club approaching the Western Australian Football Commission first, providing further information regarding the program and on the condition of proof of incorporation;

o) DOES NOT SUPPORT funding via Community Development Funding to Wanneroo BMX Club for the resurfacing of the BMX track;

p) DOES NOT SUPPORT funding via Community Development Funding to Wanneroo Senior High School P & C Association Inc for the “Trains of Thought” program presented by Barking Gecko Theatre;

q) ENDORSES funding of $255.00 via Community Event Sponsorship to Cambrai Village Residents Branch (RAAFA) to support Remembrance Day 2006;

r) ENDORSES funding of $1,150.00 via Community Event Sponsorship to the City Entertainers Community Concert Group Inc to support the cost of costumes for the “Play It Again Sam” musical variety show on the condition of proof of adequate public liability insurance;

s) DOES NOT SUPPORT funding via Community Event Sponsorship to the Lake Joondalup Lifestyle Village Social Club for the Lake Joondalup Lifestyle Village Birthday Celebration;

t) ENDORSES funding of $1,000.00 via Community Event Sponsorship to the Northern Suburbs Stroke Support Group to support the individual computer lessons for stroke victims on the condition that this support be used for City of Wanneroo individuals with proof of this be provided in the funding acquittal and proof of adequate public liability insurance;

u) DOES NOT SUPPORT funding via Community Event Sponsorship to the Quinns Rocks Baptist Church for the Carols on the Oval 2006;

v) ENDORSES funding of $1,700.00 via Community Event Sponsorship to the Quinns Rocks RSL Sub Branch to support the Vietnam Day and Remembrance Day Services for 2006;

w) ENDORSES funding of $1,500.00 via Community Event Sponsorship to the Waddington Primary School P & C Association to support the NAIDOC Festival “Koolangaka Danjoo Kaadadjiny” (Children Together Learning);

x) DOES NOT SUPPORT funding via Community Event Sponsorship to the Wanneroo BMX Club for the Greg Kitchen Memorial Open Day 2006;

y) ENDORSES funding via Community Event Sponsorship to the Wanneroo Senior High School to support the School Production of “Surfer Girl”;

z) DOES NOT SUPPORT funding via Community Event Sponsorship to the Yanchep Sports Club for the Yanchep Spring Festival and Fun Run;

aa) DOES NOT SUPPORT funding via Community Event Sponsorship to the TRYARTS for the 2007 7^th Annual Art Exhibition;

bb) ENDORSES additional funding of $1,000.00 to the Wanneroo Joondalup RSL Sub Branch for the 2007 ANZAC Day Service to increase their annual Hallmark Events allocation to $2,330.00;

cc) AUTHORISES the Director of Governance and Strategy to purchase two marquees approximately 6 x 3 metres with the City’s logo included and a trailer for transportation to the value of $13,406.82.

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GS02-05/06 School Scholarships, Student Citizenships and Australia Day Award Programs

File Ref: S09/0128V01

File Name: AA Youth Reward and Recognition and Australia Day Award Policies.doc This line will not be printed dont delete

Responsible Officer: Director, Governance & Strategy

Disclosure of Interest: Nil

Author: Rhonda Bowman

Meeting Date: 16 May 2006

Attachment(s): Nil

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Issue

To endorse the policies titled “Australia Day Awards Policy” and “Youth Reward and Recognition Policy” as detailed in the recommendation to this report.

Background

The City offers the opportunity for schools to nominate two students each year for the Student Citizenship Award. It also offers the opportunity for individuals and groups to nominate or be nominated for the annual Australia Day Awards. Although these programs have procedures, neither program has a policy.

The School Scholarship Program provides an opportunity for students to receive support from the City towards the costs of continuing their education. Although this policy has been reviewed in the last two years, with the proposed implementation of new policies for the Student Citizenship Award and Australia Day Awards it is considered an opportune time to look at the relationship between this program and the other programs run by the City related to the reward and recognition of young people.

From the review of the School Scholarship Policy and the need to have policies for the Student Citizenship Award and Australia Day Awards it has highlighted the needs for a consistent approach by the City to the way these programs are handled.

Detail

Several meetings have been held with all concerned parties and as a result a policy has been written for the Australia Day Awards Program and a new policy has been written for the School Scholarship Program (now referred to as the Student Scholarship Program) incorporating the Student Citizenship Awards in a policy titled Youth Reward and Recognition Policy. It is suggested that the existing School Scholarship Program be revoked to allow for this new policy.

As stated, the Australia Day Awards Program does not currently have a policy. A policy has been drafted for Councils consideration and includes details of the three award categories, who is eligible to be nominated, how the successful nominees are selected and what the winners receive.

The Youth Reward and Recognition Policy includes details on who can apply (eligibility), nominations, how to apply and the entitlements of the recipients. The Student Citizenship Awards have also been included in the policy.

The Youth Reward and Recognition Policy and Australia Day Awards Policy have a close relationship in that students who are nominated for the Student Citizenship Award are automatically nominated for the Charles Searson Australia Day Youth Award.

Comment

It is considered that the amalgamation of the Student Citizenship and School Scholarship programs into the one policy will ensure a streamlined, consistent approach to both.

It is also considered that an Australia Day Awards Program Policy will ensure a streamlined and timely approach to these awards. With both policies being implemented by the one officer, this streamlining will further be enhanced.

Statutory Compliance

Nil

Strategic Implications

The implementation of the two new policies will support the Healthy Communities initiative in the City’s Strategic Plan.

Policy Implications

It is recommended that the current School Scholarship Program Policy be revoked to allow for the new Youth Reward and Recognition Policy, which incorporates two programs. This will ensure a streamlined and consistent approach for the reward and recognition of the City’s youth. The adoption of the Australia Day Awards Program Policy will also ensure this same consistent approach.

Financial Implications

All three programs are currently funded under the current budget arrangements as existing programs, and there will be minimal costs to redevelop marketing and promotional materials.

Voting Requirements

Simple Majority

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Recommendation

That Council:-

1. REVOKE the current School Scholarship Program Policy;

2. ADOPT the Youth Reward and Recognition Policy as follows:

Youth Reward and Recognition Policy

Policy Owner: Governance

Distribution: All Elected Members

Implementation: June 2006

Scheduled Review: June 2008

Replaces: Policy 2.4 School Scholarship Program Policy

Objective

To provide for the recognition, reward and celebration of young members in the community for their dedication and commitment to their school, their local community and for their commitment to paving the way for their future.

Statement

The City of Wanneroo annually recognises individuals who have made a significant contribution to their school and local community and who are achieving well academically. This is done through the following two programs:

· City of Wanneroo Student Citizenship Award

Presented to a male and female student in Year 7 (or the final year of primary school) and Year 12 (or the final year of secondary school) who has demonstrated an interest and participation in the school and community affairs and has strived for personal development.

· City of Wanneroo Student Scholarship Award

Presented to three individuals in Years 9, 10 or 11 as a retention incentive who have demonstrated outstanding levels of academic achievement or citizenship and are at financial or social disadvantage, which may limit their educational opportunities.

General Program Guidelines

Eligibility Criteria

Award recipients for both programs must meet the following eligibility criteria:

· A resident of the City of Wanneroo,

· Attending a City of Wanneroo school,

· Under the age of 18, and

· Has not received the same award previously.

Promotion of Recipients

Recipients of the Student Citizenship Awards and Student Scholarships are requested to participate in publicity and promotions. This can only be done through appropriate permissions received by the parent/guardian of the recipients. This permission will be included as a section on the relevant nomination forms.

If permission is not granted for participation in publicity and promotion, this will not impede a nomination in any way.

Individual Programs

Student Citizenship Award

Nomination Procedure

Nominations are invited via advertising and promotion to all schools within the City of Wanneroo commencing in the last week of July, continuing until the first week of September. Schools are asked to nominate one male and one female student on the official nomination form by the final closing date.

The nominated students should be those that:

· Have made a significant positive contribution to the local community,

· Possess leadership qualities,

· Are an active member of the local community, and

· Have a commitment to enhancing their local community.

If a school does not have a deserving male and female student that they would like to nominate to receive this prestigious award, they may choose to nominate two students of the same sex, or just one deserving student.

Entitlements

Awards are presented at the school’s graduation ceremony or end of year assembly (whichever is applicable) and recipients of this award receive a framed certificate and an engraved medallion. Recipients of this award are automatically nominated for the City of Wanneroo Australia Day Youth Award.

Student Scholarship

Nomination Procedure

Nominations are invited via advertising and promotion within the government secondary schools in the City of Wanneroo. Students nominate themselves using the official application form, for a Student Scholarship to support them in their studies for the following year. These nominations are to be received by the school by the designated closing date then forwarded on to the coordinator of the program at the City of Wanneroo with appropriate comments and recommendations from the staff of the school. Teachers will be encouraged to support students in the application process and promote the opportunity to relevant students.

Nominations can be received by students in Year 9, Year 10 or Year 11 for a scholarship to support the costs of their studies in the following school year in the following categories:

· Outstanding academic achievement (TEE stream),

· Outstanding academic achievement (non TEE stream),

· Encouragement.

Eligibility Criteria

As well as the general criteria applicable to both programs, the Student Scholarship has further eligibility criteria that must also be met as follows:

· Students who are in receipt of any other scholarships over the amount of $200.00 will not be eligible to receive the Student Scholarship from the City of Wanneroo,

· Students must be attending a government secondary school in the year that the scholarship is awarded,

· Students or their parent/guardian must be holders of a Centrelink Concession Card (Health Care Card, Pension Concession Card, Veteran’s Benefit Card),

Going to a different government secondary school in the City of Wanneroo does not prevent a student from applying for a scholarship, however it must be stated which school the student will be attending.

Selection Procedure

Applicants for the City of Wanneroo Student Scholarship will be assessed by a panel according to the following:

· Categories of Academic Achievement in both TEE and non TEE -

· Demonstrated financial need,

· Demonstrated academic achievement,

· Demonstrated commitment to enhancing the school environment.

Category of Encouragement –

· Demonstrated financial need,

· Demonstrated active participation within the school, and

· Demonstrated commitment to enhancing the school environment.

Each school will have one successful recipient in each category. However if there are no successful recipients in a particular category within a school, more than one recipient may be successful in another category at the discretion of the assessment panel.

The assessment panel will comprise of:

· Mayor, City of Wanneroo (or nominated representative),

· Director, Community Development (or nominated representative),

· Director, Governance and Strategy (or nominated representative),

· Coordinator of the Student Scholarship program, and

· Youth Services Officer.

Entitlements

Recipients of the City of Wanneroo Student Scholarship will receive a framed certificate and a scholarship to the value of $400.00. This financial support will be held and managed by the school and used for payments associated with fees, textbooks, excursions and other study related requirements.

Responsibility for Implementation

Director, Governance & Strategy

3. APPROVE the Australia Day Award Policy as follows:

City of Wanneroo Australia Day Award Policy

Policy Owner: Governance

Distribution: All Staff and Elected Members

Implementation: June 2006

Scheduled Review: June 2008

Objective

To provide for the recognition of individuals and organisations who have made significant contributions to the City of Wanneroo’s community, through annual awards presented on Australia Day.

Statement

The City of Wanneroo annually recognises individuals and organizations who have made a significant contribution to the City of Wanneroo’s community by awarding three categories of awards every Australia Day. Only one award is presented in each of the following categories:

· City of Wanneroo Charles Searson Australia Day Youth Award

Presented to an individual under 25 years of age who has made an outstanding contribution to the local community

· City of Wanneroo Australia Day Award

Presented to an individual over 25 years of age who has made an outstanding contribution to the local community

· City of Wanneroo Australia Day Community Group or Event Award

Presented to an outstanding local community group or event

Eligibility Criteria

Award recipients must meet the following eligibility criteria:

· Recipients must be residents of the City of Wanneroo; or have coordinated a community event within the City of Wanneroo; or be members of a community group whose principal activities are conducted within the City of Wanneroo

· Awards cannot be granted posthumously

· A person cannot receive the same award twice

· Only one person (not a couple or group) may be nominated for individual award categories

· Local Government Councillors, State and Federal politicians are not eligible to receive an Award

· City of Wanneroo staff acting in their role or performing duties required by their employment with the City, are not eligible to receive an Award

Nomination Procedure

Nominations are invited via advertising and promotions preceding the annual ‘Australia Day Citizenship Ceremony’ held 26 January, but can be made at any time during the year. Anyone in the community can submit a nomination and these are made in writing using the official nomination form. Nomination forms can be obtained from the City of Wanneroo’s website www.wanneroo.wa.gov.au, Customer Service locations or by contacting Marketing Services.

In addition, students of schools within the City of Wanneroo who are awarded Student Citizenship Award in the 12 months preceding the Australia Day Awards, are automatically considered for the City of Wanneroo Charles Searson Australia Day Youth Award.

Nominations will be advertised from September each calendar year, with nominations closing 30 November. Judging will occur during December.

The September-November period will allow integration into existing promotional activities targeted at people/groups active within the community. These include but are not limited to: October Community Funding round (nomination forms to be posted with application kits, and promoted at information sessions); Volunteer Appreciation Functions (nomination forms to be posted with invitations & promoted at the functions); Youth Services meetings and activities with schools.

Selection Procedure

Nominees for the City of Wanneroo Australia Day Awards will be assessed by a judging panel according to the following criteria:

· Have made a significant positive contribution to the local community

· Possess leadership qualities

· Active member of the local community

· Commitment to enhancing their local community

The judging panel comprises:

· Mayor, City of Wanneroo

· Director Community Development

· Manager Marketing

· Community leader – nominations invited via advertising

Entitlements

Awards are presented at the annual ‘Australia Day Citizenship Ceremony’ held 26 January. Award recipients are presented with a framed certificate and ‘Australia Day Award Trophy’, and are requested to participate in post-event publicity and promotion. Copies of photographs taken as a result of publicity are provided to Award recipients.

Responsibility for Implementation

Director, Governance & Strategy

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GS03-05/06 Wanneroo Show Centenary Sub-Committee (External Committee) - Staff Representation

File Ref: S06/0014V01

File Name: AA Wanneroo Show Centenary Sub Committee External Committee Staff representation.doc This line will not be printed dont delete

Responsible Officer: Director Governance and Strategy

Disclosure of Interest: Nil

Author: Daniel Simms

Meeting Date: 16 May 2006

Attachment(s): Nil

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Issue

To consider the appointment of the Director Governance and Strategy and Manager Marketing to the “Wanneroo Show Centenary Sub-Committee”.

Background

The Wanneroo Agricultural Society Inc. resolved at its 2006 Annual General Meeting to form a Wanneroo Show Centenary Sub-Committee to help celebrate the Wanneroo show’s first hundred years on 2009.

The inaugural Wanneroo Show was held on the 21 April 1909.

Detail

The Wanneroo Agricultural Society has requested the City of Wanneroo to appoint the Director Governance and Strategy, Daniel Simms and the Manager Marketing, Hazel Smallwood to the “Wanneroo Show Centenary Sub-Committee” to assist the Society to identify ideas, suggestions and opportunities to help plan the celebrations.

The Sub-Committee will comprise of members of the Society and a representative from Wanneroo Rotary Club, Wanneroo Lions Club, Hamersley Apex Club, Wanneroo Business Association, Wanneroo Historical Society and the Wanneroo Pony Club.

Other members will include the City of Wanneroo Council delegate, Councillor Newton.

The Sub-Committee will report its recommendations back to the Wanneroo Agricultural Society’s Management Committee.

The Wanneroo Show’s Centenary is an importance historical landmark in the life of the Wanneroo community and the City of Wanneroo has the opportunity to take part in helping to organise such an occasion.

Statutory Compliance

Nil

Strategic Implications

Council’s participation in this committee will assist in ensuring it recognises and celebrates its diversity.

Policy Implications

Nil.

Financial Implications

Nil.

Voting Requirements

Absolute Majority

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Recommendation

That Council appoints by ABSOLUTE MAJORITY the Director Governance and Strategy, Daniel Simms and the Manager Marketing, Hazel Smallwood as representatives to the Wanneroo Show Centenary Sub Committee (External Committee)

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Strategic Projects

GS04-05/06 Strategic Plan 2006-2021

File Ref: S41/0022V01

File Name: BA Strategic Plan 2006 2021.doc This line will not be printed dont delete

Responsible Officer: Director Governance & Strategy

Disclosure of Interest: Nil

Author: Vicki Thorogood

Meeting Date: 16 May 2006

Attachment(s): 3

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Issue

To consider the final draft of the Strategic Plan 2006 - 2021 for endorsement by Council.

Background

Council at its Ordinary Council Meeting on the 22 November 2005 resolved as follows “that Council CONSULT with the community on the draft Strategic Plan (the Plan) for the City of Wanneroo in accordance with the Consultation Plan”.

Detail

Subsequently, the draft Strategic Plan was distributed to a total of 2,260 stakeholders including government and allied agencies, community groups, suppliers, residents and staff for comment during the period 1December 2005 to 31 January 2006. In response, 154 (6.8%) submissions were received. See (Attachment 3) for distribution and response rates by group.

The submissions were duly considered and a recommended final draft was submitted to the Executive Management Team (EMT) for endorsement 10 March 2006. A comprehensive review of the comments considered is tabled in (Attachment 2).

Consultation

In the development of the Plan, a number of workshops were conducted between June and September 2006 with Elected Members, EMT, and staff that were facilitated on separate occasions by an external consultant, Victor Calvo. The workshops included:

· Environmental scan,

· Vision and mission statement development,

· Key outcome areas and the development of outcome objectives, and

· Organisational values.

The findings of these workshops, together with the feedback from the community consultation have shaped the content of the final Plan - refer to (Attachment 1).

Comment

The planning framework and process used to develop the Plan has ensured that the Council and community have worked together to achieve a shared vision of the kind of City that people want to live, work and recreate in over the next 15 years.

The Plan has successfully identified the key result areas and outcome objectives of high strategic importance to meet the needs of a rapidly expanding community, and at the same time, seeks to maintain a range of lifestyle choices and ensure the sustainable development of the City.

The implementation of the Plan will be generated from the development of Service Unit Plans that will integrate the strategic direction of Council with the operational requirements of each Service Unit for the next five (5) consecutive financial years. The implementation of Service Unit Plans will be monitored by way of key performance indicators linked to key strategic initiatives and core services with a progress report that will be tabled to Council as a corporate report tri-annually. Reporting periods will be October, February and June.

The new strategic plan has incorporated the majority of strategies developed by the City. This should now provide clarity in the way the City plans for the future and implements strategies through Service Unit Plans.

Subject to Council approving the proposed Strategic Plan, a further report will be presented to Council outlining the key performance indicators linked to the key strategic initiatives for Council’s approval.

Statutory Compliance

The Local Government Act 1995 was recently amended to introduce a new requirement to develop a ‘Plan for the Future’. The Strategic Plan 2006-2021 along with the Strategic Five Year Financial Management Plan will constitute the ‘Plan for the Future’.

Strategic Implications

The adoption of the Plan will set the strategic direction for the future development of the City of Wanneroo.

Policy Implications

Policies and related plans will be reviewed over the next 12-18 months and amended to align with the Plan.

Financial Implications

Nil

Voting Requirements

Simple Majority

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Recommendation

That Council:

1. ADOPT the Strategic Plan 2006 -2021 as detailed in Attachment 1.

2. NOTE that a further report will be presented to Council outlining the Key Performance Indicators linked to key strategic initiatives.

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ATTACHMENT 2

Page 1 of 9

Review of Community Consultation

The Draft Strategic Plan 2006-2021 (the Plan) was distributed for comment to stakeholders, community groups, suppliers, residents and staff on the 1^st December 2005 and closed on the 31^st January 2006. Approximately 2260 copies of the Plan were sent out, which generated a response rate of 154 (6.8%). Refer to Appendix 1 for specific details of distribution and response rates by group.

Table 1 gives an overview of all responses. There were 6 respondents who provided comments, without rating the 3 questions.

Table 1: Responses

Questions	Not at all	Somewhat	Neutral	Well	Very well	Comment Only
To what extent do you feel the vision and outcomes communicate the desired future?	7	6	30	62	43	6
To what extent do you feel the Plan provides direction for how the City will achieve its vision for the future?	9	8	37	60	34	6
To what extent do you feel the values reflect the attitude and behaviour required to support the development of the future?	4	6	24	66	48	6

In general, the results indicate that the respondents are mostly satisfied with the Plan. Around 70% thought that the vision and outcomes communicate the desired future, whilst less than 10% disagreed with this statement. These results are represented in graph 1.

Graph 1: The vision and outcomes communicate the desired future

ATTACHMENT 2

Page 2 of 9

Respondents showed the least satisfaction with the Plan providing direction for how the City will achieve its vision for the future, although this question still attracted a 64% approval rating. The highest level of satisfaction was with the values reflecting the attitude and behaviour required to support the development of the future. This received the approval of 77% of respondents. These results are shown in graph 2 and 3 respectively.

Graph 2: The Plan provides direction for how the City will achieve

its vision for the future

Graph 3: The values reflect the attitude and behaviour required

to support the development of the future

Respondents were also given the opportunity to provide suggestions for changes to the Plan, or general comments. These comments are listed below in line with the related outcome objective.

Our Vision

a)a) Should read, “The City of Wanneroo, from beach to bush creating strong, vibrant and connected communities”. This more aptly depicts who and where we are and also alludes to the challenges presented in managing the diversity of land and lifestyles in the area.

b)b) The vision is reflected in rather glowing terms, but the actual implementation might not be, especially in the environmental/water supply areas.

ATTACHMENT 2

Page 3 of 9

c)c) Vision and mission could be reordered so that they are in agreement. Eg: vision dot
point 1 is about economic considerations, and mission dot point 4 is economic prosperity. Vision dot points should be reordered to 6, 1, 4, 5, 3, 2. Suggest adding something about diversity such as inclusiveness.

d)d) Need to emphasise outcome objectives # 2.2, 1.8, 3.4, 1.2, 1.7. Suggestion to add: “it is essential to preserve what we have, be it heritage, rural industry or environment, as we develop the City”.

Our Mission

a) In Our Mission, the word village could be disposed of - Communities covers it all.

b) The mission statement on the reasons the council exists is brief. As a ratepayer, I would like to see a more detailed description. Also, in terms of outcomes, I think that productivity of the council and increased value for rates needs to be addressed.

c) In 'Our mission' the plan refers to building on natural resources and cultural heritage - this is not reflected in the objectives. Could expand 1.4 to include cultural heritage sites and specifically mention heritage in 2.2

Environmental

a)a) Environmental outcome should read, “A natural environment in harmony with the development of our City”.

b)b) The plan doesn't refer to a sustainable future at any stage. I would suggest “The COW, the centre for creative AND sustainable growth […]”. See Smart Growth strategy. The environmental outcomes need a lot more work. The definition of environment is broad and covers everything around us, both natural and built. I think the emphasis should be more on the type of environment we want to have: a valued and protected environment. The word "growth" seems to only refer to more development, whereas the idea is that the City should go towards a better future. I think the word "progress" would be more appropriate i.e. "A valued and protected environment in harmony with the progress of our City".

c)c) Environmental outcome is hard to reconcile with what actually happens in housing development where the native bush is completely cleared.

d)d) Environmental outcome should read "a natural, built and healthy environment in harmony with the development of our City". The health of our environment is vitally important and needs to be captured at this level. Development is a better word than growth. Regarding development of the environment, too much emphasis is given to development of large houses, to the exclusion of trees

e)e) “Reduce energy use and greenhouse emissions” should be included as an objective on its own, given CoW commitment to Cities for Climate Protection.

f)f) There is no objective relating to community awareness and ownership of environmental issues and/or assets. This has been identified as an essential way of protecting the environment. Even if it is partly contained under the Governance outcome, I think it should be an objective in itself under the Environmental outcome. Last Strategic Plan 2001-05 objective "foster a culture of environmental awareness, ownership and action within the community and the organisation" was really well phrased and I would suggest keeping the same one for the new Plan.

g)g) Not to look at the City in isolation, but link it to other local governments.

ATTACHMENT 2

Page 4 of 9

h)h) The emphasis is on a growing city instead of the environment. Suggest it change to “A sustainable natural, built and healthy environment”.

1.1 Improve quality of local biodiversity in designated areas

a)a) This REALLY needs to be rephrased. Biodiversity can't be improved! It can be retained or conserved. This misses the point about biodiversity conservation. Extinction of local species is already occurring; only an efficient management will be able to counteract the trend. "Designated area" suggests that the City only wants protect biodiversity where it's convenient. I would suggest it be changed to "Conserve and manage biodiversity in local natural areas"

b)b) Change to “Improve local biodiversity outcomes across the City”. Not necessary to designate any areas. We should be looking to improve biodiversity outcomes no matter the area, whether protected, existing or for redevelopment.

c)c) Should be changed to “Improve local biodiversity throughout Wanneroo”.

d)d) “Improve local biodiversity conservation across the City”

e)e) Can't 'improve quality' of local biodiversity. Biodiversity conservation involves strategic protection/management of natural areas but 'in designated areas' might be interpreted as the City will conserve biodiversity only where it is convenient to do so.

1.2 Minimise increase in water consumption

a)a) There is no need to say minimise increase. We should aim to reduce water consumption. Suggest " Minimise water and energy consumption".

b)b) Change to “Optimise use and management of water resources”. Rather than focus purely on water consumption, the objective should allude to more lateral solutions such as grey water reuse and take into account proposed water treatment plant at Alkimos and East Wanneroo Land Use project. Furthermore, if we manage the water resources more smartly we may not realise an increase in water consumption.

c)c) Should be decrease water consumption

d)d) 1.2 & 1.3 the Water Corporation has recognised the importance of reducing water consumption and recycling wastewater and is taking a lead role in exploring opportunities to increase recycling within the framework of the WA Government’s State Water Strategy.

e)e) Change to 'improve use and management of water resources'

1.3 Reduce environmental impact of waste

a)a) The amount and type of waste is the real problem. There is no mention of the 3 Rs: Reduce, reuse and recycle. Suggest "facilitate reuse, recycling and reduced environmental impact of waste".

1.4 Minimise impact of development on natural landform

a)a) I don't think protecting the shape of the land without its ecosystems is relevant. I would delete this item, as it is covered in number 1.

1.5 Improve the physical quality of the built environment

a)a) Take out “built” as it confuses the social environment with natural. It is recognised that the natural environment will be compromised to allow for new development, which is picked up by “in harmony with the development of our City”.

ATTACHMENT 2

Page 5 of 9

b)b) I agree that built environment is part of our heritage and therefore can be contained here. However, the way it is phrased is unclear. What does it contain? Protection and enhancement of built heritage, building energy efficient homes, retrofitting old homes, high standard of architecture? It needs clarification.

c)c) Take this out - does not belong here – addressed in 2.1. Again built environment is about social outcomes. If we are insistent about having a reference to the built environment, then have “Improve sustainable design and material use in built form” which has an entirely different meaning.

d)d) Should not even be in the environment category.

1.6 Improve air and water quality

a)a) Suggest that this is made broader to include "Maintain a healthy environment (air, water, soil, odours and noise).

b)b) Pressure on Perth's ground water will continue as the metro area grows. Ground water pollution is of particular significance to the COW, as a high percentage of the drinking water comes from ground water resources. Active management of catchments is needed to retain the natural balance and maintain water quality. This will need to be considered in terms of future urban form for the COW and specific controls on land uses. The COW will need to closely liaise with Water Corporation as part of the next phase of growth to ensure ground water resources are maintained.

c)c) Combine 1.6/1.7/1.8 to create objective dealing with pollution in general.

1.7 Minimise impact of soil contamination

a)a) This is not enough of a problem in Wanneroo to deserve its own objective. Suggest it is included in 1.6

b)b) Take out and add to 1.6 to read “Improve air, water and soil quality”. Reduces number of objectives and 1.6 is about improving soil quality and easily fits in here.

c)c) Should be “control and remove soil contamination as a problem”

d)d) Remove 1.7 and change 1.6 to read "improve air, water and soil quality".

1.8 Minimise impact of noise odours

a) This should also be included in 1.6.

b)b) Greater commitment to the problem of odour issues in Wanneroo. Poultry and mushroom odours impact badly on residents

c)c) Need to improve considerably the way in which the City handles environmental issues in regards to chemical, odour, development on natural landform.

d)d) The environmental aims will be very difficult to achieve whilst increasing the population and the economy

e)e) Change to "minimise incidence and impact of pollution".

Social

a)a) Achieving social outcomes is difficult with all the anti-social behaviour.

b)b) Include a clear and specific reference to 1) promotion/fostering of social harmony, 2) encouragement of outreach to people in need, not just locally but globally.

c)ATTACHMENT 2

Page 6 of 9

c) I would like to see the Jenolan Way centre become a community centre. It could be done by having a front office manned 5 days a week, with a notice board announcing the daily events. This would be in line with the City's mission to create vibrant village communities, and with objectives 2.1 - 2.4

d)d) Suggest adding a criteria relating to providing and managing infrastructure to meet the needs of the community. COW still has a long way to go in providing suitable infrastructure eg. Libraries, museum & exhibition buildings.

2.1 Increase choice and quality of neighbourhood and lifestyle options

a)a) In objectives 2.1, 2.2 and 2.5 we would like to add "for people of all ages and abilities". These additions would provide specific recognition of the needs of people with disabilities and frail aged people.

2.2 Increase community participation in arts, culture, leisure and recreation

a)a) Could include comment on community clubs and organisations. Build the capacity of clubs to better deliver services to their members. Could be "arts, culture, leisure, recreation and sport".

b)b) Change to "improve the City's identity and community wellbeing through arts, culture and leisure and recreation".

c)c) Stating arts, culture, leisure and recreation appear to limit focus on community participation to these areas - it should be much broader than this.

d)d) Suggest the word 'education' be added. Community services, leisure & library & rangers run a number of educational/promotional programmes.

2.5 Improve transport options and connections

a)a) Transport options in the area are very poor.

b)b) Encroachment of incompatible land uses on infrastructure buffer areas causes problems to service providers and the community. In order to protect the integrity of assets and the community, buffer areas need to be controlled through the use of special control areas (SCA) in Town Planning Schemes. Water Corporation is seeking the support of the COW to specify the use of SCA in model scheme texts for the protection of service infrastructure from encroachment.

Economic

a)a) Little thought is given to the visual impact of new businesses and finding a street number is difficult.

b)b) Insufficient weight is given to arts and culture, whereas other objectives (i.e.: environmental) go into relevant detail. A new objective should be added "improve and increase arts and culture infrastructure", with similar wording to 3.2

3.2 Improve regional infrastructure

a) Water Corporation has had difficulties in finding appropriate routes for its trunk water and sewer mains due to unavailability of land, or zoning constraints such as "Bush Forever". Key infrastructure sites and corridors for water, wastewater, and other services need to be provided in Corridor Structure Plans, similar to transport corridors.

a)ATTACHMENT 2

Page 7 of 9

This will lower the servicing cost and offer greater certainty in service provision. Infrastructure corridors should be considered in town Planning Schemes and Structure Plans and protected by the statutory planning process such as the Region schemes. Water Corp requires support from the COW to incorporate these in local town planning.

3.3 Increase tourism within the region

a)a) Should be “foster and encourage tourism within the region”

b)b) Should read “Increase support for tourism within the region” or “Increase tourism opportunities within the region”. We cannot be responsible for improving tourism directly but we can provide support in the same way we can provide support for new and existing business in 3.6.

Governance

a)a) Governance as an outcome should be changed to Leadership. Governance indicates compliance, authority and control, which comes below leadership. Leadership is about the ability to lead and make a difference. Leadership and community engagement ensure the best use of our physical, financial and creative and human resources. By including creative, allows us to live the value of innovation.

4.1 Improve strategic partnerships

a)a) Water Corporation would welcome any opportunity to improve the Strategic Partnership with the COW.

4.2 Improve community engagement

a)a) I believe there needs to be a cultural change on how the COW deals with community consultation and working with communities. In the Yanchep/Two Rocks area, there is a community that is small but stands up to have a say. Yet no matter how hard or how loud the community is, the COW knows best and does as it plans anyway. Eg: the Capricorn Coastal Village development - no resident wanted wholesale land clearing. This was noted by COW, then ignored. Very recently, despite widespread condemnation, a liquor store has been approved for Yanchep. Despite a major alcohol issue in the area. All major community groups in Yanchep unanimously opposed the liquor store, and there are already 3 similar outlets in the area. The original plan for the land was to put in a supermarket, but the COW approved the developer's application to change it to a liquor store.

4.5 Improve long-term financial viability

a)a) Should read “Improve financial and operational performance”. There are no objectives that relate to improved business processes and organisational development. Improving financial performance can be supported by strategies to improve long-term financial viability – part of the bigger picture, and should also be the result of improved business processes and operational performance.

General comments

-- Over use of the word "improve" in the objectives. Gives no sense of measurement. Implies that nothing is being done well at the moment.

-- Your vision and outcomes sound great, but they are not what you are doing. I don't think building multiples of small houses on every piece of land is going to save water.

ATTACHMENT 2

Page 8 of 9

-- A very concise and informative document

-- I would like to see more collaboration with other agencies, eg Department of Health to provide child health nurses for parent education and providing early behavioural intervention for youths.

-- When you are on a good thing, stick to it. Well done, you are on the right track.

-- Wanneroo Recreation Hall is underutilised. Since the office at the centre has been unmanned, less people have been using the facility and collecting the key is inconvenient.

-- Nice words, but what is the cost to achieve this and the cost of this consultation exercise?

-- Assist, not hinder community groups to achieve their goals, rather than saying "it can't be done". Be creative and innovative in how obstacles can be overcome.

-- Providing the enclosed information in the Strategic Plan is correct, your outcome objectives sound promising for the future.

-- More community involvement

-- Council does not listen to voters, but rather does what it likes. The Wanneroo shopping centre was promised years ago, and still hasn't been upgraded. People attending public meetings to make comments are told that their suggestions are not viable because of costs.

-- How is this all going to be achieved? Needs to be an action plan to achieve desired outcome. Is this being done so that there is a perception of the City "doing the right thing"?

-- The plan only briefly outlines the goals outcomes desired, but does not cover how the City is going to achieve them.

-- When do we stop talking about redeveloping the Wanneroo Shopping Centre and start work? The Centre is outdated and the car park is useless

-- Would like to see a plan of how all these changes are to occur, and where the money will come from.

-- Keep our youth in mind to keep them occupied and off the streets.

-- Sounds very nice, but what about focusing on finalising the local rural strategy so landowners can have some certainty about the future of the land.

-- Without changing anything, we raise the following points: how can the City reduce water consumption while so much housing development occurs? It concerns us to notice the loss of agricultural land to housing. Calming devices in our roads make the roads too narrow for cars and cyclists together, making it dangerous.

-- We would be happier if a few more trees had been left, and a few more parks were in the new developments. There is not enough for young people to do in these places.

-- A wonderful plan - hope you succeed in putting it into practice

-- Highly technical

-- Should include 2 other aspects - strategies, and resources both human and financial

-- The timeline is totally unrealistic - 5 years would be more realistic.

-- Improve roads - this would enhance the physical and financial status of the community and also make the community safer on the roads. Minimise the impact of development of the environment's natural landform.

-- I am very disappointed by the lack of support from the City in providing accommodation for the Quinns Rocks Fishing Club.

ATTACHMENT 2

Page 9 of 9

-- What are examples of how you intend to fulfil the proposed plan? Eg. how do you intend to reduce water consumption (1.2)? Will there be a plan for 2006-2011, 2012-2016, and 2017-2021? How will it change with time?

-- Explain how the council plans to achieve these outcomes.

-- There has still been no improvement to the Police Station or Shopping Centre. There are not enough sporting facilities to occupy young people and they get bored.

-- The draft Strategic Plan does not contain enough information re how the City will achieve its vision for the future. Needs to include strategies.

-- The Plan does not allude to management of open spaces, marketing/branding/positioning of City or cultural/organisational development.

-- I notice that in the key outcome areas of environment, everything is minimise of reduce. Nothing is concrete or positive. In the other areas it is increase and improve, which is good.

-- As we live across the road from a park, we would like to be able to call a security patrol rather than the police to deal with unruly youth. Stirling has this kind of community support and it is a good idea.

-- I feel that the outcome objectives are a bit weak. They seem to target quite specific areas, but don't obviously combine to support the strategic outcomes. Also many are not measurable and therefore can be interpreted in many ways.

-- The addition of comments, which will briefly outline how the outcomes will be measured.

-- I feel the timeline set for 2021 may be too long as the community needs will change during this time, and as such, the Council's focus will need to shift. Perhaps it may be relevant to at 10-year timeframe?

-- I think the new strategic plan builds well on the previous strategic plan. Well done.

-- I think the draft strategic plan reflects what the City is going to achieve over the next few years and how. I look forward to being a part of the exciting future and hope that all elements of the strategic plan are implemented.

-- What review processes will be put in place to evaluate the relevance of the plan over the next 5, 10 and 15 years? Should this be included in the plan?

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ATTACHMENT 3

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Distribution and Response Rates by Group

A total of 2,314 copies of the draft Strategic Plan were distributed by post to the following targeted groups:

· Stakeholders (mainly government and allied agencies)

· Community Groups

· Suppliers

· Residents

To facilitate the ease of return and optimise the return rate, the plan was accompanied by a comment sheet and reply paid envelope. Also, 50 copies were available from the front counter and 100 from the local libraries. Only 2 returns were received via the latter distribution points and will not be included in the distribution strategy in future. The Plan was also sited on the web for public comment in “Have Your Say” and attracted nil response.

In addition, staff was given the opportunity to respond electronically via the intranet with the option of printing a hard copy as the electronic version limited the number of characters to 250 and thus restricts the size of comment. All but 2 respondents chose to use the intranet to provide comment and thus comments received were very brief.

The following table shows the response rate by group.

	No. Sent	Return to sender	Total No.	Completed	Response rate per group %
Stakeholders	92	4	88	12	13.64
Community groups	164	4	160	20	12.50
Suppliers	74	1	73	2	2.74
Residents	1984	44	1940	102	5.26
Staff				18
TOTAL	2314	53	2261	154	6.81

Note that there were 53 (2.3%) returns unopened, mostly from residents. The residents targeted were chosen at random, but in proportion by suburb, from the latest certified electoral roll. Most addressees were no longer at that address and a couple were deceased.

Clearly stakeholders (13.63%) and community groups (12.50%) returned a good response rate. Only 5.26% of residents responded. A public forum was scheduled for 23^rd January 2006 to allow interested community members to table their views in person. Though it was widely advertised, only 4 people, all from the North Metropolitan Health Service (NMHS), replied to the invitation to attend, so it was cancelled. However, a private meeting was scheduled to hear the views of NHMS and explore how we might work more collaboratively to support the community.

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Chief Executive Office

General

CE01-05/06 Donations Determined Under Delegated Authority of the Chief Executive Officer

File Ref: S07/0057V02

File Name: A Donations Determined Under Delegated Authority of the Chief Executive Officer.doc This line will not be printed dont delete

Responsible Officer: Chief Executive Officer

Disclosure of Interest: Nil

Author: Rhonda Bowman

Meeting Date: 16 May 2006

Attachment(s): Nil

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Issue

To note donations applications considered and determined by the Chief Executive Officer during April 2006, in accordance with the provisions of the Donations, Sponsorships and Waiver of Fees and Charges Policy.

Background

The Donations, Sponsorships and Waiver of Fees and Charges Policy delegates the consideration and determinations of requests for donations, sponsorships and the waiver of fees and charges under the value of $500.00 to the Chief Executive Officer.

Detail

During April 2006, the City received the following requests to be considered under the delegated authority of the Chief Executive Officer:-

· Four (4) requests for sponsorship,

· One (1) request for a donation, and

· Two (2) requests for a waiver of fees.

Comment

In accordance with the provisions and criteria nominated in the Donations, Sponsorships and Waiver of Fees and Charges Policy, determinations were made as listed in the recommendations to this report.

A complete list of original applications and assessments of each against the policy is available in the Elected Members Reading Room for further information.

Statutory Compliance

Nil

Strategic Implications

Nil

Policy Implications

This report complies with the provisions and delegations of the Donations, Sponsorships and Waiver of Fees and Charges Policy.

Financial Implications

The financial implications of this round of requests has resulted in expenditure in the Governance Donations Account (05201 0001 4401) of:-

· $850.00 from the 2005/2006 budget.

A remaining balance of $1,298.10 is available from the 2005/2006 financial year.

Voting Requirements

Simple Majority

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Recommendation

That Council NOTES the delegated determination of requests received by the City in April 2006 for donations, sponsorships and waiver of fees and charges, which are as follows:-

	Organisation	Activity	Action	Reason
1.	WA Little Athletics	International Track and Field Competition to be held in Singapore on 2 July 2006	NOT APPROVE a donation request to the WA Little Athletics to support Alicia Hallett in her participation in the International Track and Field Competition to be held in Singapore on 2 July 2006.	Individuals are only eligible to receive support once per financial year. Alicia has already received support for another event in the current 2005/2006 financial year and is therefore ineligible for support for this event.
2.	Clarkson Little Athletics	International Track and Field Competition to be held in Singapore on 2 July 2006.	APPROVE a donation of $500.00 to Clarkson Little Athletics Club to support Jacob Pritchard in his participation in International Track and Field Competition to be held in Singapore on 2 July 2006.	This request satisfies the criteria of the policy.
3.	Basketball Western Australia	U18 National Championships in Basketball held in South Australia from the 8-14 July 2006.	APPROVE a donation of $200.00 to Basketball Western Australia to support Gabriella Clayton in her participation in the U18 National Championships in Basketball held in South Australia from the 8-14 July 2006.	This request satisfies the criteria of the policy.
4.	Ten Pin Bowling Association of WA	Australian Junior National and President Shield in Ten Pin Bowling to be held in Canberra from 22-30 April 2006	NOT APPROVE a donation to the Ten Pin Bowling Association of WA to support Kira Cheeseman in her participation in the Australian Junior National and President Shield in Ten Pin Bowling to be held in Canberra from 22-30 April 2006.	Individuals are only eligible to receive support once per financial year. Kira has already received support for another event in the current 2005/2006 financial year and is therefore not eligible for support for this event.
5.	Lord Mayor’s Distress Relief Fund	Donation towards the Lord Mayor’s Distress Relief Fund to provide relief of personal hardship and distress arising from natural disasters occurring within Western Australia.	NOT APPROVE a donation to the Lord Mayor’s Distress Relief Fund.	The City provides support to individual causes as they arise therefore it is not considered appropriate to support this fund at this time.
6.	Wanneroo Volunteer Bush Fire Brigade	Request for a waiver of fees for the hire of the Banksia Room at the City’s Civic Centre	APPROVE a donation of $150.00 to the City of Wanneroo Volunteer Bush Fire Brigade for a 50% waiver of fees for their hire of the Banksia Room for an end of fire season dinner and awards night to be held on 8 July 2006.	This request satisfies the criteria of the policy. A maximum of 50% of the waiver of fees request is considered under the terms of the policy.
7.	St Anthony’s Association – Wanneroo	Request for a waiver of fees for the hire of the Banksia Room for a dinner dance to be held on 10 June 2006.	NOT APPROVE a donation request of $300.00 from the St Anthony’s Association Wanneroo for a waiver of fees for the hire of the Banksia Room for the St Anthony’s Dinner Dance to be held on 10 June 2006.	The policy states that funding requests will not be supported where an entry fee is being charged. Therefore this request cannot be supported.

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Item 9 Motions on Notice

MN01-05/06 Cr Stewart - Bumper Stickers for Twin Cities Radio Station

File Name: ACr Stewart Bumper Stickers for Twin Cities Radio Station.doc This line will not be printed dont delete

File Ref: S26/0015V01

Responsible Officer: Nil

Disclosure of Interest: Nil

Attachments: Nil

Author: Charles Johnson

Meeting Date: 16 May 2005

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Issue

To consider a proposal to place bumper stickers on Council vehicles advertising the Twin Cities Radio Station 89.7 FM.

Background

The Twin Cities FM Radio Station has had a long term relationship with the City of Wanneroo being located in our Operations Centre in Wanneroo Road. The station has lease space from the City in return for the Council being allowed to advertise events and participate in the City Voice program every 3 weeks following Council meetings.

Detail

The Radio Station would like a bumper sticker placed on Council vehicles promoting the station. The Station would provide the stickers for installation and there would be no cost to Council.

In the past Council has agreed to place bumper stickers on vehicles in support of a promotion of safe driving in Wanneroo.

Comment

This initiative would help promote the radio station and further develop our relationship with that organization. As Council is giving its special approval to the project it would not be a precedent for other organizations.

Statutory Compliance

Nil

Strategic Implications

Nil

Policy Implications

Nil

Financial Implications

Nil

Voting Requirements

Simple Majority

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Recommendation

That Council AGREES to place bumper stickers from the Twin City Radio Station on its vehicles subject to the Chief Executive Officer being satisfied with regard to the wording of the bumper stickers.

Administration Comment

Council has previously resolved to place bumper stickers on Council vehicles relating to the
“I Slow Down in Wanneroo” campaign. It is noted that these stickers were not replaced as vehicles were traded in and as a result, there are a few vehicles with these stickers remaining.

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MN02-05/06 Cr Salpietro - Traffic Speeding in Residential Streets

File Name: ACr Salpietro.doc This line will not be printed dont delete

File Ref: CF-005V01

Responsible Officer: Nil

Disclosure of Interest: Nil

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Issue

To consider seeking approval from the Commissioner of Police to allow the City of Wanneroo to monitor and issue traffic infringements to drivers who breach the Road Traffic Act, Road Traffic Code and Road Traffic Regulations whilst travelling on residential streets within the City of Wanneroo.

Background

Council has been faced with several traffic management issues which in the main can be attributed to the irresponsible behaviour of motorists and in particular vehicles travelling at high speeds in residential areas.

Whilst Council can often spend hundreds of thousands of dollars on permanent traffic calming devices at a select few locations, there is the broader view that if the WA Police provided more resources into monitoring speed limits on all residential streets, the complete road safety problem would be significantly reduced.

Detail

The state and local governments have core functions required by legislation regarding the transport usage in road reserves.

Local governments responsibilities primarily relate to maintaining the local road network. In relation to the control of drivers the Road Traffic Act 1974 states that the Commissioner of Police is responsible for the control and regulation of traffic in the State and for the enforcement of the traffic regulation provision under that Act.

The question in the absence of adequate resources being available from the WA Police to enforce this issue is, “What can be done to make the roads safer. What should local government do.

Solutions to many problems are found in three aspects – engineering, encouragement and enforcement.

Engineering impacts on all road users, all the time, including the majority of good drivers and often is considered a challenge, not a deterrent, to the habitual speeder or hoon. Engineering solutions invariably prove costly and permanent, with additional substantial costs, should there be a desire, or need, for removal. In some cases residents have come to the conclusion that having their street “compromised” by engineering traffic calming devices is a less desirable option than putting up with irresponsible road users. Some situations make it a realistic impossibility for engineering solutions, especially on some roads that are public transport routes, or route regularly used by emergency and service vehicles.

Encouragement works with drivers who are already receptive to change and rarely has positive outcomes with an entrenched non-conformist driver.

Enforcement by way of monetary fines and more recently, through infrequently used, inconvenience by removal of vehicles has a stronger impact on certain drivers. Although the Police Service make every effort to enforce speed limits in all parts of the metro area, they simply do not have the resources or budget to adequately cover all minor residential streets, including streets where schools are located.

Alternative solutions need to be pursued to ensure that residential 50 and 40 KMH streets are given an adequate level of policing, so use of these streets as convenient “ speed strips” is discouraged and reduced. The ability exists under the Road Traffic Act 1974, for the Commissioner of Police to appoint wardens to perform duties including the powers conferred by the Road Traffic Act on a member of the Police Force as may be prescribed.

It is time that Council support the Commissioner of Police in his duties and seek to improve the safety of all the City’s residential streets by offering to permit the appointment of the City’s Rangers as Wardens for the specific purpose of enforcing speed limits in residential streets and school zones in the interest of community safety. The enforcement is envisaged to be of a similar program to how the WA Police red light camera system operates where the use of technology is more prevalent than the use of personnel.

Although it is premature to reach conclusions on the possible cost of this proposal, there is little doubt that there will be substantial costs associated with purchase of equipment, training of personnel, and operational costs. A substantial portion of these costs are expected to be offset by revenue from penalties, and savings from a reduction in the installation of engineered solutions, although actual costs will not be known until a business is prepared.

A full business case must be prepared for presentation to the Commissioner of Police to highlight how the City’s offer will augment and not replace the services provided by the WA Police. Administration resources may be utilised to assist in preparing the business case.

Statutory Compliance

The Road Traffic Act 1974 provides the head of power in relation to the control of drivers in roads.

Strategic Implications

One of the objectives of the Strategic Plan is to support safe and secure communities.

Policy Implications

Nil

Financial Implications

The enforcement relating to the control of drivers under the Road Traffic Act will have significant cost implications for the City of Wanneroo. This may be offset to some degree by the collection of penalties through infringements.

Voting Requirements

Simple Majority

Recommendation

That Council PRESENT to the Commissioner of Police a proposal requesting the Commissioner APPOINT City of Wanneroo Wardens to enforce speeding limits within residential streets and school zones within the City of Wanneroo with speed limits of 40 and 50 KMH.

Administration Comment

There are a number of issues that need to be considered with respect to this proposal. Firstly, there is a significant ongoing training requirement for staff using speed cameras – initial and regular re-qualifications to ensure that prosecutions can successfully be defended in court. There will also be a significant cost associated with the purchase and maintenance of specialist equipment – the cameras and the fit-out of the vehicles used to transport them. In addition, Police crews work in teams of two for safety reasons. Given the emotions attached to speed camera infringements it is probable that Rangers would also require two man crews for risk and safety reasons. All of these considerations should be fully costed before a decision is contemplated.

A more important consideration in this matter would be the shift in responsibility from State government to Local government. There would need to be very clear boundaries between the roles of police and local government to avoid duplication of effort and allegations of misuse of powers.

Finally, it would appear that additional staff would be required to undertake this work as Rangers already have a more than full workload. If this task was undertaken other work would need to be forsaken.

MN03-05/06 Cr Blencowe - Vehicle Crossing Subsidy

To be tabled at the meeting.

(Please note that this report is shown at the end of the Agenda)

Item 10 Urgent Business

Item 11 Confidential

CR01-05/06 Acquisition of Land for Road Widening at Intersection of Alexander Drive and Kingsway, Landsdale

File Ref: R17/0006V01

File Name: SHA Acquisition of Land for Road Widening at Intersection of Alexander Drive and Kingsway Landsdale.doc This line will not be printed dont delete

Responsible Officer: Director, Planning and Development

Disclosure of Interest: Nil

Author: Terry Neale

Meeting Date: 16 May 2006

Recommendation

THAT Council move into a Confidential Session to discuss this item under the terms of the Local Government Act 1995 Section 5.23(2), as follows:

(e)(ii) a matter that if disclosed, would reveal – information that has a commercial value to a person;

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Item 12 Date of Next Meeting

The next Ordinary Councillors Briefing Session has been scheduled for 6.00pm on Tuesday, 30 May 2006, to be held at the Civic Centre, Dundebar Road, Wanneroo.

Applicant	Chappell and Lambert Town Planning and Design
Owner	Edward Smith
Location	Lots 3 and 9001 Kingsway and Lot 29 Landsdale Road, Darch
Site Area	Approximately 6.2 ha
DPS 2 Zoning	Urban Development

Table 1: Responses

MN03-05-/06 Cr Blencowe - Vehicle Crossing Subsidy