Lot 52 Nowergup Road, Nowergup – Lime Industries

1.       Has Lime Industries ever had any approvals for any activities on lot 52 Nowergup Road under the District Planning Scheme No. 2 (DPS2) or the previous Town Planning Scheme?

2.       Has Lime Industries ever had Council approval for lime manufacturing on site?

3.       Has Lime Industries ever had Council approval for extractive industries?

4.       Under Freedom of Information it has become apparent that the City of Wanneroo Planning Department has formally written to the land owner on 11 July 2011 informing the land owner  “With respect to the driver training facility the City does not have any record of having approved the use and therefore it is unauthorised.  Under DPS2, driver training falls into the category of an educational establishment in a rural resource zone.  An educational establishment is an ‘x’ not permitted use in this zone and cannot be approved.  Accordingly, you are requested to cease operation of the driver training within 28 days of the date of the letter, ie 8 August 2011.”  Could the Administration detail the steps and dates of the actions taken in relation to this unlawful activity since that letter on 7 July 2011?

5.       Could Administration outline the evidence gathering that has occurred to inform the City’s position and how many visits by the Compliance Officer to the site and dates that occurred?

6.       Does the City of Wanneroo now know how many times the operator has acted unlawfully since 8 August 2011, when formally requested to stop?  If so, could it provide details?

7.       Who can the City prosecute in relation to this unlawful activity?  Is it Lime Industries as the land owner or is it RMS Mining School as the operator?

8.       Under which Act or Acts and the relevant sections can this unlawful activity be prosecuted by the City of Wanneroo?

9.       Could you explain the procedure involved in pursuing such prosecutions and the consequences?

10.     Could you estimate the cost to the City of prosecuting the above and what are the penalties involved?

11.     Has the City reported the operator to Worksafe or any other government agency given that the operator is clearly acting unlawfully without any conditions or controls and operating within 100m of residences?

12.     Previously the City advised that Lime Industries has applied for various activities including quarrying, lime production and driver training and submitted an application on 24 August 2011?

13.  It has been indicated to me that the City has asked for more information on this application.  Could you explain what further information was requested and has the information been received?  Is it now adequate and in an acceptable form and most importantly to the community, when will the development application be advertised?

14.    My question 10 to the 11 October 2011 Council meeting was that “Under FOI I received a copy of a letter sent from the Western Australian Planning Commission to the City of Wanneroo in 1999 in relation to the identification of priority resource areas.  It specifically requested that the City provide updates to the extractive inventory and the working plans and to provide any further advice or concerns.  Can you confirm whether the City responded to this request and provided the details.”  The answer to that question was “Administration will need to conduct a search of the City’s records in order to respond to this question.”  My question now is has the City conducted a search of its records so that it can answer that question for the community?

Response by Mayor Roberts

Questions taken on notice.

Further Response by Director Planning and Sustainability

1.       The City has no record of any planning approval previously being granted for the activities currently undertaken on Lot 52.

2.       Refer response to question 1.  Notwithstanding that, it is known that lime manufacturing was previously undertaken on the property and there is clear historical evidence of that having occurred.

3.       Refer response to question 2.  Similarly, there is historical evidence of an extractive industry operation occurring on the property.

4.       Administration has inspected the property on numerous occasions since July 2011 to gather further evidence of the activities being carried out.  The City has also been in frequent written and verbal communication with the landowner and operators in an effort to cease the unauthorised activities on the site.

5.       Refer response to question 4.

6.       The City has gathered its own evidence in relation to RMS’s operations on the property and has also been receiving regular updates of the same from adjoining landowners.  RMS’s continued operations on the property would represent an ongoing breach of the Scheme, for conducting a use without approval.

7.       Action can be taken against both the landowner and operator.

8.       The Planning and Development Act (Part 13) covers all matters related to activities being carried out in breach of the City’s District Planning Scheme No. 2.  In order to pursue a prosecution, a complaint must be made, served and lodged with the district court.  The complaint must then be scheduled for hearing in accordance with normal court procedures.

9.       In the event of any prosecution the City would undertake proceedings pursuant to the Planning and Development Act 2005 and instruct solicitors to act on its behalf. Also refer response to question 8.

10.     The City is unable to estimate the costs associated with prosecution as they would depend on the overall time taken for the matter to be dealt with through the courts.  In accordance with Clause 223 of the Planning & Development Act 2005:

“Unless otherwise provided, a person who commits an offence under this Act is liable to a fine of $200,000 and, in the case of a continuing offence, a further fine of $25,000 for each day during which the offence continues.”

11.     Yes.

12.     This is a statement of fact, not a question.

13.     Generally, the additional information sought by the City pertains to the following:

·                Requesting clearer plans;

·                Requesting the provision of assorted management plans and reports; and

·                Requesting information regarding the staging and timeframes for the continuing operations on Lot 52.

Once the additional information is received and the City is satisfied that it is sufficient, the application will be advertised for public comment.

14.     Administration is still reviewing the City’s records in this regard.  However, it is proving both difficult and time-consuming to search for all and any correspondence to the WAPC dating back to 1999, regarding its Basic Raw Materials Policy, and across numerous hard-copy electronic City record management systems.

Various Issues – Jindalee and Alkimos Developments

“a)     Is council aware of the Satterley (Management agent for Heath Development) advertisement for Brighton Centro that depicts a dog sitting towards the bottom of what is clearly the Jindalee stairway with a ball at its feet and a sign in its mouth stating “a ball’s throw from everything” Also their web ad for Brighton showing another dog on the same stairway with a sign that states “Land now selling from under $200.000”?  As Satterley is well aware that the stairway is prohibited to dogs, what steps will Council take against Satterley for its apparent flagrant disregard of a City by law (even if the ad is computer generated) and for misrepresenting the stairway as a legitimate access point to the dog beach?

 b)     Will the City be monitoring developer’s advertising for providing other misleading information, such as Satterley’s website ad that promoted Jindalee beach as a ‘safe and sandy’ beach, despite the FMP identifying "lack of areas that provide safe and pleasurable swimming” and which only had the word ‘safe’ removed following my personal plea to Nigel Satterley?  And for misrepresenting a public beach as a private residential beach as with Jindalee being “as a short stroll to your very own beach”?  

 c)     With regard to the draft foreshore management plan for Peet’s development of Alkimos and the announcement that Satterley has won the development of Eglinton (remembering Heath Developments’ vehement assertion that extending Quinns Rocks dog beach north to Jindalee “would go against the foreshore management plan for the area”. 

Can Council reassure members of the public that endorsement of a foreshore management plan does not automatically override the wishes of the general public no matter how much money developers promise to spend in the provision of foreshore amenities (assets) to boost their land sales, and that the wishes of the general public whether expressed via the draft Coastal Management Plan survey or other legitimate avenue will always take precedence over developers’ self-interests?

 d)     Can Council advise who pays for (commissions) foreshore management plans and are developers involved?

 e)     Can Council advise when the other two of the three staircases to Jindalee beach that Heath Development undertook to provide in the FMP, and also the ‘surf lifesaving facilities’ that they promised?”

Response by Director Planning and Sustainability

a)      Administration will review this matter and, if necessary, remind/advise Satterley of the City’s designated dog exercise area.

b)      Complaints of false or misleading advertising complaints should be directed to the W.A. Department of Commerce.

c)      The purpose of a Foreshore Management Plan (FMP) is to provide a management framework that will guide foreshore management and appropriate development of the foreshore area adjacent to development. Council endorsement of a Foreshore Management Plan will not prevent or prejudice future Council decisions regarding use and management of the coast, whether identified through the City’s Coastal Management Plan or not.

d)      Foreshore Management Plans are typically prepared by developers, as a requirement of structure planning and a prerequisite of subdivision.  The plans require the approval of the Western Australian Planning Commission, Department of Environment and Conservation and the City.

e)      The Lot 12 Marmion Avenue Jindalee FMP stipulates that the beach access paths/steps are the responsibility of the developer and does not indicate the timing for the construction of these. The Jindalee FMP does not identify a ‘surf lifesaving facility’.

Item CS08-12/11 Consideration of Motions Presented at the Annual General Meeting of Electors

Stated she was the Managing Director of RMS and that their company’s operations at Lot 52 Nowergup Road, Nowergup had received a lot of attention both within the public domain and at the Annual General Meeting of Electors held on 6 December 2011.

RMS commenced operations on Lot 52 Nowergup Road in early 2008 upon advice from the landowner that their activities were authorised and in line with all planning requirements.  She stated that if they are guilty of anything it is that they took this advice on face value and did not, at the time, have enough understanding of local planning requirements to conduct their own research. 

Is Council aware of that since commencing operations in early 2008, RMS has not once received a single complaint from any residents?

Whilst we are now aware that the City of Wanneroo had previously communicated with the landowner, RMS was never informed by the landowner of any correspondence.  The first communication RMS received alerting us to the incompatibility of our classification and the District Planning Scheme 2 was on 21 October 2011.  Since that time RMS has made finding a resolution to this matter a high priority and remains committed to working closely with Council in relation to relocating our operations to a suitable alternative site and would ask the Council to support any motion to give RMS the necessary time to relocate whilst continuing its current operations. 

Response by Director Planning and Sustainability

That information is noted, although Council has itself received complaints about the use of the site.

Item CS08-12/11 Consideration of Motions Presented at the Annual General Meeting of Electors

Stated he was the Group Manager of RMS and mirrored the sentiments expressed by the Managing Director of RMS.

Is Council aware of the efforts currently underway to see RMS relocate its operations from Lot 52 Nowergup Road to a more suitable facility?

In doing so he would like to express gratitude to Council for their support and assistance in achieving an amicable outcome and their professionalism is greatly appreciated.

RMS is currently working with the Department of Environment and Conservation and the City of Wanneroo to relocate operations as quickly as possible.  An application for development approval for the new site is underway.

Our situation in the meantime however remains unchanged.  The company cannot reasonably afford to forgo the income generated by activities without placing the company in financial jeopardy.

He noted that Council will consider at the meeting a motion arising from the motions presented at the Annual General Meeting of Electors to determine a definitive date by which RMS must cease operations at Lot 52 Nowergup Road without incurring legal action.  RMS understands the need for such a motion and fully supports it.  Given the requirement for due process in relation to the development approval and logistics required once approval is granted he would ask that Council to approve the motion to establish the deadline of 2 March 2012.

Response by Director Planning and Sustainability

Council is aware that RMS is taking steps to relocate its operations from Lot 52 Nowergup Road, Nowergup and that it is currently investigating suitable alternative locations from which to conduct its operations, subject to appropriate approvals being obtained.

Item PS11-12/11 Proposed Northern Extension of Wangara Industrial Area

1.       Queried why as a resident he was not being notified of the proposal other than an article in the community newspaper?

2.       How many hectares of bushland is to be cleared?

3.       Is there a possibility to notify some other affected owners?

Response by Director Planning and Sustainability

1.         It is the responsibility of the Western Australian Planning Commission (WAPC) to carry out public consultation on proposed changes to the Metropolitan Region Scheme (MRS).  Administration on 12 December 2011 hand delivered letters to adjacent landowners notifying them of the proposal, after the City became aware late on Friday afternoon, 9 December 2011, that adjacent landowners had not previously been notified of the proposal by the WAPC  and no written communication with the landowners informed them of that fact.

2.         Approximately 80.95ha of land in Wangara is proposed to be rezoned from Rural to Industrial under the MRS.  Approximately 30.88ha of Bush Forever Area 463 is to be rationalised to 19.53ha of vegetation in a realigned Bush Forever 463 boundary, resulting in a reduction of around 10 ha.  The majority of the Bush Forever area that is to be removed would be located within the area proposed to be rezoned Industrial.  The remaining Bush Forever area that will be retained or rehabilitated is located within the existing Rural Zone, where approximately 77 per cent of the ‘excellent – very good’ vegetation is proposed to be retained. 

3.       As stated in the report, the MRS Amendment to which this matter relates has previously been advertised.  The advertising period has now concluded.  Administration was successful in attaining an extension of time to provide its comments subject to Council’s determination.  If any landowners are aggrieved by the advertising that was not undertaken by the WAPC or if landowners wish to make a submission on the proposal, then they should contact the Department of Planning.

Moved Cr Treby, Seconded Cr Gray

That the minutes of the Ordinary Council Meeting held on 15 November 2011 be confirmed.

Carried Unanimously

The Chief Executive Officer advised that correspondence had been received from the President of the Western Australian Local Government Association (WALGA) confirming Mayor Roberts had achieved several statements of attainment towards a Diploma of Local Government Elected Members which included the units – Land Use Planning, Financial Reports and Budgets, Ethics Conduct of an Elected Member, Sustainable Assets Management for Elected Members in Local Government, Strategic Planning, Managing Conflict and CEO Performance Appraisals.

The Chief Executive Officer on behalf of the President of WALGA advised that based on the completion of these units the Mayor had now achieved the Diploma of Local Government and on behalf of Council extended congratulations.

Cr Driver presented a petition of 36 signatures requesting the installation of speed modification devices on Anchorage Drive, Mindarie, which is being used as a raceway at all hours of the day and night, north of Swansea Street, south of Rosslare Street.

The petition to be forwarded to the Infrastructure directorate for action.

Cr Cvitan presented a petition of 15 signatures requesting the removal of the advertising on walls of businesses backing onto Ocean Reef Road in Wangara and the introduction of traffic calming devices on Shiraz Boulevard, Pearsall.

UPDATE

In respect to the signage matter raised in the petition it will be registered in Planning Implementation’s development compliance register.  The matter will be assessed and any compliance action will be taken as appropriate.  An Infrastructure report is scheduled for the proposed 21 February 2012 Council meeting.

Cr Guise presented a petition of 249 signatures requesting the immediate re-opening of the left turn pocket eastbound on Ocean Reef Road into Backshall Place at Regent Waters Estate.

UPDATE

This matter was dealt with at the Council meeting of 15 November 2011 at Item
IN09-11/11.

Cr Steffens presented a petition of 24 signatures objecting to the proposed development that includes a liquor store, fast food restaurant and medical centre at Lot 1061 (2) Captiva Approach, Butler.

UPDATE

A report is anticipated for the 7 February 2012 meeting of Council.

File Ref:                                              2947 – 11/124601

Responsible Officer:                           Director, Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       9         

Moved Cr Gray, Seconded Cr Hewer

That Council ENDORSES the draft North Alkimos Foreshore Management Plan and FORWARDS a copy of the Foreshore Management Plan to the Western Australian Planning Commission, subject to the following modifications being made to the satisfaction of the Director, Planning and Sustainability:

1.       Design specifications for fencing and dual use path widths shall be amended to accord with the City’s standards and requirements;

2.       Deletion of any drainage infrastructure in natural vegetated areas of the foreshore and rationalisation of swales within the foreshore, to restrict them to active open space areas and designed to not take in excess of a 1 in 100 year storm event;

3.       Provision being included that requires the proponent to provide, for the City’s approval, detailed plans and specifications of all future works proposed to be installed or constructed on land currently managed by or to be handed over to the City, prior to any such construction occurring;  and

4.       Amending Section 7 (Implementation), to make it clear that the City reserves the right to not accept the management of the foreshore reserve and also reserves the right to vest management responsibilities of the foreshore reserve in other governing agencies should it so choose, at any point in time while the foreshore reserve is under the City’s management.

Carried Unanimously

File Ref:                                              2958 – 11/113964

Responsible Officer:                           Director, Planning and Sustainability

Disclosure of Interest:                         None

Attachments:                                       7         

This report was withdrawn.

File Ref:                                              5396 – 11/123705

Responsible Officer:                           Director, Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       14         

Moved Cr Goodenough, Seconded Cr Smithson

That Council:-

1.      Pursuant to Clause 9.6.1 of District Planning Scheme No. 2, RESOLVES that the draft Jindalee North Local Structure Plan No. 88 as submitted by Chappell Lambert Everett Town Planners on behalf of Ocean Springs Pty Ltd, Butler Development Company and Housing Authority and as outlined in Attachment 12 to this report is satisfactory, subject to the following modifications being undertaken to the satisfaction of the Director, Planning and Sustainability:

Part 1 – Statutory Section

a)      Text

(i)      To include a provision requiring the preparation of Conservation Management Plan for the Conservation Public Open Spaces;

(ii)     To include a provision ensuring that residential lots do not abut the foreshore reserve;

(iii)    To modify Table C to include the coastal local centre with a maximum retail floor space of 300 m²;

b)      Structure Plan

(i)      To identify the 3.45 hectare and 3.22 hectare strategic Public Open Space located to the immediate north of the east-west Neighbourhood Connector as Conservation Public Open Space;

(ii)     To delete the drainage swales of the Catchment areas 2 and 4 located within the Foreshore and to accommodate them within the structure plan area;

(iii)    To depict the northern intersection of the Neighbourhood Connector and Marmion Avenue as left-in/left-out intersection only and to delete the right-in notation;

(iv)    To modify Figure 15 – Road Hierarchy and Arterial Access in Part 2 - Explanatory Report and Figure 2 - Road Hierarchy and Arterial Access of the Traffic Report in Part 3 by deleting the southernmost intersection of a Neighbourhood Connector and Marmion Avenue as it is situated outside the structure plan area;

(v)     To delete the residential area affected by the Physical Process Setback as shown on Attachment 14 to this report by 20 metres from the cadastral boundary of Lot 9, Marmion Avenue, Jindalee and to depict the affected area as a Public Open Space;

(vi)    To zone the Centre Zone as Residential Zone; and

(vii)   To locate and zone the Coastal Local Centre as Commercial Zone.

Part 2 – Explanatory Report

(i)      To include a path network plan in Section 6.0 - Movement Network by also depicting the Regional Recreation Shared Path adjacent to the foreshore.

2.       Upon receipt of the documents modified in accordance with 1 above, FORWARDS the draft Jindalee North Local Structure Plan No. 88 to the Western Australian Planning Commission for its adoption and certification:

3.       Pursuant to Clause 9.6.5 of District Planning Scheme No. 2, ADOPTS, SIGNS and SEALS the Jindalee North Local Structure Plan No. 88 documents once certified by the Western Australian Planning Commission;  and

4.       NOTES the summary of submissions received on the draft Jindalee North Local Structure Plan No. 88 included as Attachment 4, ENDORSES Administration’s responses to those submissions, FORWARDS the summary of submissions to the Western Australian Planning Commission and ADVISES the submitters of its decision.

Carried Unanimously

File Ref:                                              DA09/1266 – 11/87990

Responsible Officer:                           Director, Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       10         

Moved Cr Goodenough, Seconded Cr Smithson

That Council APPROVES the development application submitted by Greg Rowe & Associates on behalf of AMP Royal Randwick Pty Ltd in accordance with the provisions of District Planning Scheme No. 2 for the proposed extension of the Ocean Keys Shopping Centre at Lot 406 (36) Ocean Keys Boulevard, Clarkson as shown in Attachment 4 to this report, subject to the following conditions being met to the satisfaction of the Manager, Planning Implementation:

Additional Retail Floor space

1.      Stage 1 of any additional development shall not exceed more than 13,642m² retail Net Lettable Area as per the provisions of Amendment No. 6 to the Clarkson District Centre Agreed Structure Plan No. 2 adopted by the Western Australian Planning Commission and the City of Wanneroo;

Modifications to the Plan:

2.     Modifications to the plans to ensure that the design of the multiple dwellings and associated car park and the adjoining forecourt fronting Key Largo Drive comply with the provisions of the Western Australian Planning Commission’s Designing Out Crime Planning Guidelines;

3.     Buildings fronting Ocean Keys Boulevard shall be oriented towards Ocean Keys Boulevard and shall incorporate active frontages with no blank facades and with awnings with a minimum width of 2.0 metres projecting over the road reserve at a minimum clearance of 2.75 metres above the finished pavement level. Awnings shall not encroach within 600 millimetres of the kerbline;

Improvements to the roads:

4.      Improvements to the 70 degree bend on the laneway located at the south-western corner of the shopping centre as shown on Attachment 5 to this report shall be completed at the cost of the applicant prior to the occupation of the extended Centre;

5.      Improvements to the intersection of Key Largo Drive and the laneway as shown on Attachment 6 to this report shall be completed at the cost of the applicant prior to the occupation of the extended Centre;

6.      Widening of the laneway as shown on Attachment 6 to this report shall be completed at the cost of the applicant prior to the occupation of the extended Centre;

7.      Improvements to the intersection of Marmion Avenue and Ocean Keys Boulevard as shown on Attachment 9 to this report shall be completed at the cost of the applicant prior to the occupation of the extended Centre;

Car parks:

8.      The proposed multi-level car park shall be designed and constructed as per the provisions of Australian Standard 2890 and shall make provision for a minimum of 1,358 car bays including 16 car bays for the proposed Multiple Dwelling units. The visitors car parking bays shall be marked and set aside for the visitors;

9.      The final materials and finishes of the multi-level car park to be detailed prior to the issue of a building licence;

10.    The proposed crossovers are to be constructed in concrete to commercial specifications;

11.    Existing crossover at the intersection of Key Largo Drive and Caribbean Circuit not required for this approval shall be closed; kerbs, footpaths, cycle paths and on-street car parking bays reinstated; medians closed and verges graded stabilised and landscaped, where appropriate;

12.    All the proposed pedestrian linkages within the proposed development area are to be linked to the existing pedestrian network within the surrounding road network as shown on Attachment 8 to this report;

13.    Motorcycle/scooter/bicycle parking facilities must be provided to meet Australian Standard 2890. Details of the location of bicycle parking facilities and associated end of journey facilities for employees are to be provided for approval when application is made for a building licence;

14.    Lighting shall be installed along all driveways and pedestrian pathways and in all common service areas prior to the development first being occupied;

15.    Parking areas, driveways, and points of ingress and egress shall be designed and constructed in accordance with the Australian Standard for Off-street Car Parking (AS 2890) and shall be drained, sealed and marked;

16.    Disabled parking bays shall be provided at the rate required under the Australian Standard for Off Street Parking (AS 2890) and shall be distributed across the site in locations convenient to the shopping centre entrances;

17.    Carparking bays are to be 5.5 metres long and a minimum of 2.5 metres wide. End bays are to be 2.8 metres wide and end bays in a blind aisle are to be 3.5 metres wide;

18.    No parking bays shall be obstructed in any way or used for the purposes of storage;

19.    A dedicated taxi stand shall be provided within or immediately abutting the shopping centre, in the vicinity of the shopping centre entrance(s) prior to the development first being occupied;

20.    Service vehicle manoeuvring to and within the site shall be provided in compliance with the Australian Standard for Off-street parking Part 2 – Commercial vehicle facilities (AS 2890.2).  A plan indicating service vehicle sweep paths shall be provided prior to the submission of a building licence application;

21.    Provision of at least one shopping trolley collection area for each two rows of car bays in a mid block location. The shopping trolley collection areas shall be designed sufficient to contain the trolleys, protect them from damage by vehicles and be sign posted for easy identification by shoppers;

Other:

22.    The preparation and implementation of a suitable Stormwater Drainage and Waste Water Disposal Strategy for the development.  The Strategy shall be submitted for the City’s approval when application is made for a building licence and the system shall be installed during the construction of the development;

23.    A landscape plan for the proposed development shall be lodged when application is made for a building licence;

24.    The colours, design and materials of the proposed development shall complement existing development as far as possible;

25.    A refuse removal management plan shall be prepared in consultation with the City’s Waste Services to illustrate how service vehicles will manoeuvre on the internal access ways of the development;

26.    An overall signage strategy for the development shall be submitted before any licences are issued;

27.    For all new or modified development, an acoustic consultant’s report is to be provided for the City’s approval, prior to the commencement of the development.  This report is to indicate the anticipated sound level measurements for all types of noise associated with the development indicating plant and equipment noise as well as noise associated with operational activities.  The report must also indicate any specific requirements that are needed to ensure noise emissions comply with the Environmental Protection (Noise) Regulation 1997.  Upon approval of that report by the City, any modifications required to the development as a result of its recommendations, shall be made to the City’s satisfaction.  Upon completion of the development, a further report is required confirming that actual noise levels comply with the Regulations;

28.    Bin Storage Areas to be provided with a concrete floor graded to a 100mm industrial floor waste gully connected to sewer. A hose cock is required to be provided within the Bin Storage Area;

29.    All services such as air conditioning plant and compressors shall be located away from public areas.  All services and service yards shall be screene3d from view of streets and other public areas, including car parking areas to the City’s satisfaction.  Roof mounted equipment such as air conditioning plant and antennae shall also be screened from view of the street and other public areas, including car parking areas, to the City’s satisfaction. Relative to this condition plans and specifications of all screening required and proposed shall be submitted to the City for approval and, upon approval, such screening installed prior to occupancy of the development; and

Legal Agreement:

30.    Prior to the commencement of development for the retail expansion of the shopping centre, a legal agreement, supported by a caveat on title is to be entered into by the proponent with the City of Wanneroo and the Western Australian Planning Commission to ensure that the proposed ten (10) residential apartments are constructed as part of the proposed extension to the shopping centre. All costs associated with the preparation and execution of this agreement and associated caveat shall be borne by the proponent.

Carried Unanimously

File Ref:                                              DEV11/1152 – 11/124325

Responsible Officer:                           Director, Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       4  

Moved Cr Goodenough, Seconded Cr Smithson

That Council APPROVES the application by Eugene Ferraro on behalf of the Yanchep Two Rocks Tourism Network for Five (5) Tourism Signs within the Marmion Avenue Road Reserve in the suburbs of Alkimos and Eglinton, as shown in Attachments 1, 2 and 3 subject to the following conditions:

1.       This approval is personal to the Yanchep Two Rocks Tourism Network and only relates to the existing five tourism signs. It does not relate to any other development within the road reserve, nor is it transferrable or assignable to any other person or entity;

2.       The content of the signs is restricted to (only) the promotion of tourism-related activities, opportunities and events within the City of Wanneroo, with the following exceptions:

·        The ‘front’ of the signs (facing north-bound traffic) shall include the name and logo ‘strap’ of the City of Wanneroo and may include the sign sponsor beneath the displayed tourism image, and the sponsor’s web address ‘strap’ above that image, as depicted in the photographs included as Attachment 3 in the Agenda Report to Council on this matter to the 13 December 2011 Council meeting;

·        The ‘rear’ of the signs (facing south-bound traffic) may include the sign sponsor’s name, brand or logo, to a maximum of 25% of the surface area of the sign;

3.       The general advertising currently on the front of the signs shall be removed and no advertising other than in accordance with condition 2 shall be permitted;

4.       The content of the signs shall, in the City’s opinion:

(a)     subject to condition 2, only be tourism related;

(b)     not contain advertising that is of a general nature;

(c)     not contain any information or graphics that are politically sensitive, religious or pornographic in nature or considered offensive to the public;

(d)     not depict smoking or tobacco products or substances prohibited by law;

(e)     not contravene any local law or other written law;

(f)      not be illuminated or have moving parts;

(g)     not cause a hazard or undue distraction to traffic.

5.       Public liability insurance of $10 million indemnifying the City from any claims or damage associated with the signs is to be provided at the expense of the applicant and thereafter maintained for the life of the sign(s) to the satisfaction of the City.  Relative to this requirement, evidence of the currency of this insurance shall be provided to the City’s satisfaction;

6.       Within 60 days of being given written notice by the City to do so, the signs shall be removed at the expense of the Yanchep Two Rocks Tourism Network when the second carriageway of Marmion Avenue is required to be constructed. Any proposal to relocate the signs elsewhere will be subject to a separate application for development approval; and

7.       The signs shall be maintained to the satisfaction of the City.

Carried Unanimously

File Ref:                                              DEV11/1293 – 11/126800

Responsible Officer:                           Director, Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       2         

Moved Cr Goodenough, Seconded Cr Smithson

That Council pursuant to Clause 8.6.1 of the City of Wanneroo District Planning Scheme No. 2, DELEGATES BY ABSOLUTE MAJORITY to the Manager Planning Implementation, over and above those already contained within Delegated Authority Clause 9.3, the power to:

1.      Determine a Development Application (DA2011/890) submitted by Cossill and Webley to construct a car park and slip road and undertake the associated earthworks as depicted on the plan included as Attachment 2 of this report subject to the conditions deemed appropriate by that officer; and

2.      Determine any future Development Application to construct a temporary sales office within the area depicted on the plan included as Attachment 1 in this report, subject to conditions deemed appropriate by that officer.

Carried by Absolute Majority

13/0

File Ref:                                              DEV11/1293 – 11/115204

Responsible Officer:                           Director, Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       1         

Moved Cr Goodenough, Seconded Cr Smithson

That Council, pursuant to Clause 8.6.1 of the City of Wanneroo District Planning Scheme No. 2, DELEGATES BY ABSOLUTE MAJORITY the following powers to the Manager Planning Implementation, over and above those already contained within Delegated Authority Clause 9.3:

1.       Provide a referral response to the Western Australian Planning Commission for a subdivision within the “Stage 1 Earthworks Boundary” depicted on the plan included as Attachment 1, subject to conditions deemed appropriate by that officer; and

2.      Determine the Development Application (DA2011/967) submitted by Cossill and Webley to undertake Clearing and Bulk Earthworks (cut-to-fill only) within the area identified as “Stage 1 Earthworks Boundary” depicted on the plan included as Attachment 1, providing such works accord with a subdivision application referral for that area from the Western Australian Planning Commission and subject to conditions deemed appropriate by that officer.

Carried by Absolute Majority

13/0

File Ref:                                              DEV11/1350 – 11/121421

Responsible Officer:                           Director, Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       2         

Moved Cr Goodenough, Seconded Cr Smithson

That Council:-

1.       Pursuant to Clause 8.6.1 of the City of Wanneroo District Planning Scheme No. 2, DELEGATES BY ABSOLUTE MAJORITY to the Manager Planning Implementation, over and above those already contained within Delegated Authority Clause 9.3 the power to determine the Development Application (DA2011/1012) submitted by Development Planning Strategies to undertake Clearing and Bulk Earthworks (cut-to-fill only), and for an existing (retrospective) sales office, access and parking within the areas identified within “Approved DA Boundary (DA2011/634)” and “Proposed New DA Boundary” as depicted on the plan included as Attachment 1 in this report, providing that any approval granted includes conditions limiting:

·        The term of approval to 12 months only, after which time the structure and all associated and surrounding development is to be removed;

·        Use of the sales office for the purposes of land sales only;  and

·        The hours of operation and use of the sales office to 1pm – 5pm Saturday – Wednesday, inclusive.

2.      INSTRUCTS Administration to issue a Direction to the subdivider of Lot 2 Marmion Avenue, Eglinton under S.214 of the Planning and Development Act 2005, requiring them to cease using the sales office placed on that site without approval, until such time as retrospective planning approval has been granted for that use and all other approvals or certificates have been obtained for its use and occupancy, including its associated effluent treatment/disposal system.

Carried BY ABSOLUTE MAJORITY

13/0

File Ref:                                              SD142790 – 11/125027

Responsible Officer:                           Director, Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       2         

Moved Cr Treby, Seconded Cr Mackenzie

That Council AUTHORISES approval of the retaining walls higher than 3.0 metres and up to 4.19 metres proposed for Lots 134 and 135 Landsdale Road, Landsdale (WAPC No 142790), as depicted on the plan included as Attachment 2.

Carried Unanimously

File Ref:                                              SDS141832/S2 – 11/123061

Responsible Officer:                           Director, Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       3         

Moved Cr Treby, Seconded Cr Mackenzie

That Council AUTHORISES approval of the retaining walls higher than 3.0 metres proposed for Lot 130 Landsdale Road, Landsdale (WAPC 141832), as depicted on the plan included as Attachment 2.

Carried Unanimously

File Ref:                                              6494 – 11/111433

Responsible Officer:                           Director, Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       2         

Moved Cr Goodenough, Seconded Cr Driver

That Council SUPPORTS Metropolitan Region Scheme Amendment 1126/57, as advertised, and FORWARDS a copy of this report to the Western Australian Planning Commission as the basis of the City’s submission.

lost

5/8

For the motion:           Cr Goodenough, Cr Cvitan, Cr Driver, Cr Smithson and Cr Steffens

Against the motion:   Cr Gray, Cr Guise, Cr Hewer, Cr Mackenzie, Cr Newton, Mayor Roberts, Cr Treby, Cr Hayden

Alternative Motion

Moved Cr Treby, Seconded Cr Gray

That Council:-

1.     SUPPORTS that aspect of Metropolitan Region Scheme Amendment 1216/57, as it relates to the land south of Ocean Reef Road only;

2.     NOT SUPPORTS that aspect of Metropolitan Region Scheme Amendment 1216/57, as it relates to the land north of Ocean Reef Road, for the following reasons:

           a)     Inadequate public consultation has been undertaken by the Western Australian Planning Commission in respect of that aspect of the proposal;

           b)    that part of the proposal is premature in the absence of final approval and release of the Industrial Land Strategy; and

           c)  Rezoning of that land to industrial would adversely impinge upon and be incompatible with the surrounding Special Rural Zone.

CARRIED UNANIMOUSLY

Reason for Alternative Motion

Addresses the issue of industrial land to the south of Ocean Reef Road but not to the northern part which was the basis by and large for the previous consideration of this item, the concerns of residents in the special rural area and in some small part the requirements or desires of the aboriginal owners where they would be able to re-invest funds realised from the sale of this land  into their community.

File Ref:                                              3916V02 – 11/131436

Responsible Officer:                           Director, City Businesses

Disclosure of Interest:                         Nil

Attachments:                                       1         

Moved Cr Newton, Seconded Cr Cvitan

That Council:-

1.       AUTHORISES the Chief Executive Officer to sign the Memorandum of Understanding between the Fire and Emergency Services Authority of Western Australia and the City of Wanneroo for the Provision of an Emergency Services Levy Grant Funded Incident Control Vehicle; and

2.       NOTES the Memorandum of Understanding will remain in force for the period that an Emergency Services Levy Grant Scheme funded and maintained Incident Control Vehicle remains with the City, with a formal review to be conducted between the parties at least once every three years.

Carried Unanimously

File Ref:                                              5408 – 11/114449

Responsible Officer:                           Director, City Businesses

Disclosure of Interest:                         Nil

Attachments:                                       Nil       

Moved Cr Newton, Seconded Cr Cvitan

That Council:-

1.       APPROVES BY ABSOLUTE MAJORITY the following budget variations to fully expend the sum of $396,873, being the current balance of the Materials Recovery Facility Upgrade Reserve; and

2.       APPROVES BY ABSOLUTE MAJORITY the closure of the Materials Recovery Facility Upgrade Reserve.

CARRIED BY ABSOLUTE MAJORITY

13/0

File Ref:                                              1702 – 11/131890

Responsible Officer:                           A/Director Infrastructure

Disclosure of Interest:                         Nil

Attachments:                                       Nil       

Moved Cr Newton, Seconded Cr Cvitan

That Council:-

1.   APPROVES the installation of a fire and smoke detection system at Wanneroo Aquamotion, fully monitored by Fire and Emergency Services Authority;

2.   Pursuant to Section 6.8(1) (b) of the Local Government Act 1995, APPROVES BY ABSOLUTE MAJORITY expenditure of $90,000 for the installation of a fire and smoke detection system at Wanneroo Aquamotion;

3.   NOTES the following budget variation to accommodate the expenditure for the  installation of a fire and smoke detection system at Wanneroo Aquamotion:

EXPENDITURE

4.    NOTES that the installation of the new fire and smoke detection system at Wanneroo Aquamotion will be undertaken after obtaining necessary approval from the Fire and Emergency Services Authority.

CARRIED BY ABSOLUTE MAJORITY

13/0

File Ref:                                              2810 – 11/133511

Responsible Officer:                           A/Director Infrastructure

Disclosure of Interest:                         Nil

Attachments:                                       3         

Moved Cr Newton, Seconded Cr Cvitan

That Council:-

1.       NOTES the Minister for Transport confirmed that there is no funding available in the State Government’s current Budget and four year Forward Estimates period for the upgrading of Wanneroo Road to a dual carriageway standard;

2.       PROCEEDS with the completion of design and associated documentation for the Flynn Drive Realignment Project, incorporating necessary design changes and profile changes as agreed with Main Roads WA on the proposed realigned section of Flynn Drive to minimise future road reconstruction works when the Wanneroo Road Duplication Project is eventually funded by State Government and constructed by Main Roads WA;

3.       NOTES that no additional funding other than the original $500,000 already allocated to the Flynn Drive Realignment Project from the State BlackSpot Program has been made available by State Government;

4.       WRITES to the Minister for Transport advising of Council’s decision as per
Item 2 and to seek an additional $500,000 towards the project to address cost escalation since the initial commitment of Black Spot Program funds made five/six years ago and additional scope of works relating to the new Flynn Drive/Wanneroo Road intersection;

5.       ADVISES Main Roads WA of Council’s decision as per Item 2;

6.       NOTES that environmental approval for the Flynn Drive Realignment Project from Federal Government’s Department of Sustainability, Environment, Water, Population and Communities approval in relation to the amendment of the existing Clearing Permit to cover the additional clearing area required is still to be received;

7.       NOTES that land acquisition has been agreed with all landowners, with land transfer associated with the new intersection of the old section of Flynn Drive with the new road is in the process of being completed, with right of entry to be actioned if the land transfer is not completed prior to any works commencing on site;

8.       PROCEEDS to advertise a tender for the works associated with the Flynn Drive Realignment Project pending resolution of outstanding environmental approvals as noted in Item 4; and

9.       ARRANGES a Flynn Drive Realignment Project Public Information Session for affected property owners and interested general public in parallel with tender advertisement.

Carried Unanimously

File Ref:                                              6570 – 11/121411

Responsible Officer:                           A/Director Infrastructure

Disclosure of Interest:                         Nil

Attachments:                                       Nil       

Moved Cr Newton, Seconded Cr Cvitan

That Council:-

1.       ACCEPTS the tenders submitted by Reliable Fencing and Southern Wire Pty Ltd to form a Panel for Tender No 01133 Supply and Installation of Fencing (Panel Contract) for a period of One Year from 1 January 2012 as per the respective tenderer’s schedule of rates, the general conditions of tendering and with options to extend the contracts for a further two 12 month periods, or part thereof, with CPI applied; and

2.       NOTES that the letter of tender award will advise Reliable Fencing and Southern Wire Pty Ltd that work will be awarded to the contractors on the Panel, based on the lowest estimated cost of the work each time there is a need to utilise the services of a contractor for the fencing work. If the lowest cost contractor is not available to meet the time frame requirements, the work will be awarded to the other contractor on the panel.

Carried Unanimously

File Ref:                                              6570 – 11/124695

Responsible Officer:                           A/Director Infrastructure

Disclosure of Interest:                         Nil.

Attachments:                                       Nil       

Moved Cr Newton, Seconded Cr Cvitan

That Council ACCEPTS the tenders submitted by Turfmaster Facility Management and Lovegrove Turf Services to form a Panel for Tender No. 01140 for Supply and Laying of Block Turf (Panel Contract) for a Period of One Year from 1 February 2012:

a)       as per the respective tenderer’s schedule of rates, the general conditions of tendering, with options to extend the contracts for a further two 12-month periods, or part thereof, with CPI applied; and

b)      that work will be awarded to the contractors on the Panel, based on the lowest estimated cost of the work each time there is a need to utilise the services of a contractor for the turf work. If the lowest cost contractor is not available to meet the time frame requirements, the work will be awarded to the other contractor on the panel.

Carried Unanimously

File Ref:                                              3000 – 11/126078

Responsible Officer:                           A/Director Infrastructure

Disclosure of Interest:                         Nil

Attachments:                                       4         

Moved Cr Newton, Seconded Cr Cvitan

That Council:-

1.       ENDORSES public consultation with the residents of Lagoon Drive regarding support for the installation of traffic management treatments as shown in City Drawings 2725-1-0 (Attachment 2) and 2725-2-0 (Attachment 3);

2.       ENDORSES public consultation with the residents of Brazier Road regarding support for the installation of traffic management treatments as shown in City Drawings 2725-2-0 (Attachment 3) and 2724-1-0 (Attachment 4);

3.       LISTS for consideration $180,000 for the construction of a roundabout at the intersection of Lagoon Drive/Brazier Road, Yanchep, as shown in City Drawing 2725-2-0 (Attachment 3), in the City’s 10-Year Capital Works Program 2012/13 – 2021/22;

4.       LISTS for consideration $180,000 for the construction of a roundabout at the intersection of Lagoon Drive/St Ives Drive, Yanchep, as shown in City Drawing 2725-1-0 (Attachment 2), in the City’s 10-Year Capital Works Program 2012/13 – 2021/22);

5.       LISTS for consideration $100,000 for the construction of landscaped median traffic treatments on Lagoon Drive, Yanchep, as shown in City Drawings 2725-1-0 (Attachment 2) and 2725-2-0 (Attachment 3), in the City’s 10-Year Capital Works Program 2012/13 – 2021/22;

6.       LISTS for consideration $60,000 for the construction of landscaped median traffic treatments on Brazier Road, Yanchep, as shown in City Drawing 2725-2-0 (Attachment 3), in the City’s 10-Year Capital Works Program 2012/2013 – 2021/2022;

7.       APPROVES the submission of an application for a funding allocation of $8,000 from Main Roads WA’s 2011/2012 Anti Hoon Program towards the cost of installing speed cushions on Brazier Road between Compass Circle and Wilkie Road;

8.       LISTS for consideration $12,000 for the installation of speed cushions on Brazier Road, Yanchep, as shown in City Drawing 2724-1-0 (Attachment 4), in the City’s 10-Year Capital Works Program 2012/2013 – 2021/2022, should the City be unsuccessful with its application for funding as per Recommendation 7 above;

9.       REQUESTS the WA Police to undertake speed enforcement of vehicles using Lagoon Drive and Brazier Road; and

10.     ADVISES the petition organiser of Council’s decision.

Carried Unanimously

File Ref:                                              5597 – 11/128950

Responsible Officer:                           A/Director Infrastructure

Disclosure of Interest:                         Nil

Attachments:                                       2         

Moved Cr Newton, Seconded Cr Cvitan

That Council:-

1.      APPROVES the installation of “NO STOPPING ROAD OR NATURE STRIP” signs at the north east bend of Abbeville Circle as shown on City of Wanneroo Drawing No 2677-1-1 (Attachment 2 refers);

2.      APPROVES the installation of Yellow No Stopping line marking at the north east bend of Abbeville Circle as shown on City of Wanneroo Drawing No 2677-1-1 (Attachment 2 refers), and;

3.      ADVISES the resident and Mindarie Primary School of Council’s decision.

Carried Unanimously

File Ref:                                              3986 – 11/131295

Responsible Officer:                           A/Director Community Development

Disclosure of Interest:                         Nil

Attachments:                                       Nil       

Moved Cr Gray, Seconded Cr Treby

That Council:-

1.       DOES NOT APPROVE the request to sponsor West Coast Institute of Training Employee of the Year Award at a cost of $2,500; and

2.       SUPPORTS Administration discussing with West Coast Institute of Training other sponsorship opportunities for student/ trainees or innovations which benefit the City of Wanneroo community.

That Council APPROVES the request to sponsor West Coast Institute of Training – Apprentice Rising Star at a cost of $2,500 to be funded from Community Funding and Donations Account 717633-1205-316.

Carried Unanimously

File Ref:                                              6712 – 11/130551

Responsible Officer:                           A/Director Community Development

Disclosure of Interest:                         Nil

Attachments:                                       Nil       

Moved Cr Gray, Seconded Cr Treby

That Council ENDORSES the submission by Administration of the Yanchep Active Open Space Playing Fields of Sports Amenities project for a funding grant of $2,600,000 from the Regional Australia Development Fund (RDAF).

Carried Unanimously

File Ref:                                              2374 – 11/136146

Responsible Officer:                           Director, Corporate Strategy and Performance

Disclosure of Interest:                         Nil

Attachments:                                       Nil       

Moved Cr Gray, Seconded Cr Treby

That Council RECEIVES the list of payments drawn for the month of November 2011, as summarised below:-